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PA Bulletin, Doc. No. 99-270d

[29 Pa.B. 991]

[Continued from previous Web Page]

PennAmerican Coal Inc., L. P.

   The Bureau of Deep Mine Safety (BDMS) has approved a request from PennAmerican Coal Inc., L. P. for a variance from the requirements of section 242(c) of the Pennsylvania Bituminous Coal Mine Act at the Burrell Mine. The following notification contains a summary of this request. A complete copy of the variance request may be obtained from Allison Trader by calling (724) 439-7469 or from the BDMS web site at http://www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.

   Summary of the request:  PennAmerican Coal, Inc., L. P. requested a variance from section 242(c) of the Pennsylvania Bituminous Coal Mine Act to allow for the common ventilation of belt conveyor entry with other entries at the Burrell Mine. The proposal accords protections to persons and property substantially equal to or greater than the requirements of section 242(c).

   The basis for the Bureau's approval can be summarized in the following statements:

   1.  Burrell's plan provides early warning fire detection by the use of carbon monoxide (CO) sensors, and audible alarm over the mine communication system.

   2.  Burrell's plan provides a separate, isolated intake escapeway that will be maintained at a higher ventilation pressure than the belt and common entries.

   3.  Burrell's plan provides for the belt and common entries to serve as an alternate escapeway.

   4.  There are significant health and safety benefits associated with allowing entries in common with the belt entry. Repair and maintenance work in the belt entry is afforded safer access. Improved visual safety inspections are facilitated by open crosscuts.

   This approval is limited to a variance from the requirements in section 242(c) requiring that the belt entry is isolated from other entries. All other terms and requirements of section 242(c) shall remain in effect. This approval applies to all areas developed after May 20, 1998. Continued authorization for operation under the approval is contingent upon compliance with the measures described in PennAmerican's plan and the following conditions:

   1.  Fire protection shall be installed and maintained on all belt conveyors in compliance with Federal standards.

   2.  Carbon monoxide (CO) sensors shall be set to alarm at the lowest practicable setting.

K. B. Coal, Inc.

   The Bureau of Deep Mine Safety (BDMS) has approved K. B. Coal, Inc.'s request for a variance from the requirements of section 242(c) of the Pennsylvania Bituminous Coal Mine Act at the Miller Mine. The following notification contains a summary of this request. A complete copy of the variance request may be obtained from Allison Trader by calling (724) 439-7469 or from the BDMS web site at http://www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.

   Summary of the request:  K. B. Coal, Inc. requested a variance from section 242(c) of the Pennsylvania Bituminous Coal Mine Act to allow for the common ventilation of belt conveyor entry with other entries at the Miller Mine. The proposal accords protections to persons and property substantially equal to or greater than the requirements of section 242(c).

   The basis for the Bureau's approval can be summarized in the following statements:

   1.  Miller's plan provides early warning fire detection by the use of carbon monoxide (CO) detectors, and audible alarm over the mine communication system.

   2.  Miller's plan provides a separate, isolated intake escapeway that will be maintained at a higher ventilation pressure than the belt and common entries.

   3.  Miller's plan provides for the belt and common entries to serve as an alternate escapeway.

   4.  There are significant health and safety benefits associated with allowing entries in common with the belt entry. Repair and maintenance work in the belt entry is afforded safer access. Improved visual safety inspections are facilitated by open crosscuts.

   This approval is limited to a variance from the requirements in section 242(c) requiring that the belt entry is isolated from other entries. All other terms and requirements of section 242(c) shall remain in effect. This approval applies to all areas developed after May 20, 1998. Continued authorization for operation under the approval is contingent upon compliance with the measures described in Miller's plan.

ABANDONED MINE RECLAMATION

   Bureau of Abandoned Mine Reclamation, P. O. Box 8476, Harrisburg, PA 17105-8476.

   Bond Forfeiture Contract Awarded:  BF 428-101.1. Jefferson Township, Fayette County. AMLR Project, Coal Stripping, Inc., Jefferson Township, Fayette County. Contractor:  Commonwealth Stone, A Business Trust. Amount:  $79,534. Date of Award:  January 7, 1999.

ACTIONS TAKEN UNDER SECTION 401:  FEDERAL WATER POLLUTION CONTROL ACT

ENCROACHMENTS

   The Department of Environmental Protection (Department) has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).

   Persons aggrieved by this action may appeal, under section 4 of the Environmental Hearing Board Acts (35 P. S. § 7514) and 2 Pa.C.S. § 501--508 and 701--704 (relating to the Administrative Agency Law) to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Environmental Hearing Board within 30 days of receipt of written notice of this action unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rule of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in braille or on audiotape from the Secretary of the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.


Actions on applications filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27) and section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and sections 5 and 402 of The Clean Streams Law (35 P. S. §§ 691.5 and 691.402) and notice of final action for certification under section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)). (Note:  Permits issued for Small Projects do not include 401 Certification, unless specifically stated in the description).

   Southeast Regional Office:  Program Manager, Water Management Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.

   E09-763. Encroachment Permit. Pennsylvania Department of Transportation, 200 Radnor-Chester Road, St. Davids, PA 19087-5178. To reconstruct and realign the intersection of the Bridgetown Pike (S. R. 2010), Section 08B, and Newtown Pike (S. R. 0413), Section 70S, which requires replacement of two bridge structures. The proposed replacement bridge along Bridgetown Pike will consist of a two-span, steel beam with concrete deck structure, with an approximate 17 feet of minimum underclearance over Neshaminy Creek (WWF, MF). Each bridge span will be approximately 150 feet long. The proposed bridge will be constructed approximately 120 feet upstream of the existing bridge, which will remain in place for the pedestrian traffic. The proposed replacement of an existing stone twin-arch bridge along Newtown Pike will consist of a single 65-foot span, steel beam with concrete deck structure, and an approximate 14 feet of minimum underclearance over Core Creek (WWF, MF). The proposed bridge will be constructed in the same location as the exiting bridge. The project includes placement of rip-rap stone erosion protection at the bridge abutments, and near the bridge pier. Work also includes the installation of 327 linear feet of retaining wall, varying in height, up to 19.44 feet, and the placement of bridge roadway approach fills across the 100 year floodplain of Neshaminy Creek and the construction of stormwater outfalls in the Core Creek floodplain. The site is located near the intersection of Bridgetown Pike and Newtown Pike (Langhorne, PA Quadrangle N: 12.0 inches; W: 7.25 inches) in Middletown and Northampton Townships, Bucks County.

   E46-827. Encroachment Permit. EMS Acquisition Corporation, 321 Morris Road, Fort Washington, PA 19034. To remove a portion of the existing Summers Laboratories Building situated within the 100-year floodway of the Wissahickon Creek (TSF-MF), and to construct and maintain a building at this location. The site is located at 321 Morris Road, approximately 1,300 feet south from its intersection with Sheaff Road (Ambler, PA Quadrangle N: 2.75 inches; W: 12.75 inches) in Whitemarsh Township, Montgomery County.

   E15-600. Encroachment Permit. Mr. and Mrs. Michael Taylor, 29 Slokom Avenue, Christiana, PA 17509. To construct and maintain a 50 foot long single span steel beam bridge, with a 4.0 foot underclearance, across Rattlesnake Run (TSF-MF) which will provide access to a proposed private residence. The site is located approximately 500 feet southwest of the intersection of Rattlesnake Run Road and Glenville Road (Oxford USGS Quadrangle N: 20.2 inches, W: 13.6 inches) in Upper Oxford Township, Chester County.

   E46-808. Encroachment Permit. Township of Abington, 1176 Old York Road, Abington, PA 19001. To modify and maintain an existing stream enclosure in and along an unnamed tributary to Pennypack Creek (TSF, MF). The proposed project consists of enclosing a total of 350 feet of man-made channel. The existing twin 8-foot by 4.5-foot concrete box culvert, which conveys flow beneath Mary Avenue will be extended downstream for approximately 75 feet. The remaining approximately 210 feet of open channel between Irvin Road culvert and Mary Avenue culvert will be enclosed with a twin 8-foot by 4-foot concrete box stream enclosure, which is compatible and attached to these culverts. This project is the first phase of the proposed four phases of the Rockledge Flood Control Project to reduce flooding and to stabilize existing retaining walls along the channel. The site is located in the vicinity of Irvin Road and Mary Avenue, approximately 1,500 feet south from the intersection of Huntington Pike (S. R. 232) and Susquehanna Road (Frankford, PA--NJ. Quadrangle N: 16.7 inches; W: 12.5 inches) in Abington Township, Montgomery County. The permittee will enhance approximately 340 feet of stream bank along the Penny Pack Creek in Lorimer Park to compensate for anticipated impacts from the project.

   E46-816. Encroachment Permit. Lower Salford Township, 474 Main Street, Harleysville, PA 19438. To install and maintain an 8-foot wide recreational bike trail bridge over the West Branch of Skippack Creek (TSF). The proposed prefabricated bridge structure will be attached to formed in-place concrete abutments. This bridge will have a 15-foot span with approximately 2.7 feet of minimum underclearance. The project site is located immediately south of the intersection of Sumneytown Pike and Stover Road, adjacent to Meadowbrook Plaza (Perkiomenville, PA Quadrangle N: 3.1 inches; W: 0.6 inch) in Lower Salford Township, Montgomery County.

   E15-586. Encroachment Permit. RCT Associates, 1595 Paoli Pike, West Chester, PA 19380. To perform the following activities associated with the proposed construction of a retail store and restaurant on The Bentley property:

   1.  To fill in approximately 315 linear feet of an unnamed tributary to West Valley Creek (CWF-MF), and reroute this tributary into 70 linear feet of 24-inch RCP culvert. The 24-inch RCP culvert will convey flow into a 205-foot long 48-inch stream enclosure, which will extend an existing 48-inch railroad culvert along the easterly property boundary. A manhole/cleanout will be provided at the upstream stream enclosure jointure and a stone energy dissipator will be used at the downstream enclosure terminus.

   2.  The placement and maintenance of two outfall structures adjacent to an unnamed tributary of West Valley Creek (CWF, MF).

   3.  To place and maintain fill in 0.25 acre of wetland (PFO) for the construction of a restaurant and parking facility.

   The project is located southeast of the intersection of Lincoln Highway (S. R. 0030) and Pottstown Pike (S. R. 100), Downingtown, PA Quadrangle N: 5.00-inch; W: 0.25-inch) in West Whiteland Township, Chester County. The applicant proposes to create 0.25 acre of replacement wetlands on this site.

   Northeast Regional Office:  Soils and Waterways Section, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-5485.

   E13-096.  Encroachment. Pennsylvania Department of Transportation, District 5-0, 1713 Lehigh Street, Allentown, PA 18103. To place fill in 0.44 acre of wetlands for the construction of a safety rest area. The project, known as the S. R. 0080 Westbound Safety Rest Area, is located on S. R. 0080, Section R18 Westbound approximately 2.8 miles east of Interchange 42 (Hickory Run, PA Quadrangle N: 14.8 inches; W: 3.6 inches) in Kidder Township, Carbon County. The permittee is required to restore 0.48 acre of previously filled wetlands within the Pennsylvania Department of Transportation right-of-way, located approximately 0.5 mile west of the project area.

   E45-362.  Encroachment. Pennsylvania Department of Transportation, Engineering District 5-0, 1713 Lehigh Street, Allentown, PA 18103. To remove the existing structure and to construct and maintain a prestressed concrete spread box beam bridge (known as the Resica Falls Bridge), having a clear span of 93 feet and an underclearance of approximately 12 feet, across Bush Kill Creek. This project includes the relocation of approximately 100 feet of a Tributary to Bush Kill Creek for the purpose of accommodating the eastern bridge abutment. The bridge is located on S. R. 0402, Section 01B (Bushkill, PA Quadrangle N: 20.2 inches; W: 13.1 inches) in Middle Smithfield Township, Monroe County.

   Southcentral Regional Office: Section Chief, Water Management Program, Soils and Waterways Section, 909 Elmerton Avenue, 2nd Floor, Harrisburg, PA 17110, (717) 705-4707.

   E22-383.  Encroachment. Ronald and Patricia A. Burkholder, 1527 Old Reliance Road, Middletown, PA 17057. To place fill in 0.24 acre of wetlands adjacent to an unnamed tributary to Swatara Creek for the purpose of constructing streets within an existing development at a point along Powerhorn Road (Steelton, PA Quadrangle N: 20.8 inches; W: 1.4 inches) in Lower Swatara Township, Dauphin County. The permittee is required to provide a minimum of 0.24 acre of replacement wetlands. This permit also includes 401 Water Quality Certification.

   Northcentral Region:  Water Management-Soils and Waterways, F. Alan Sever, Chief, 208 West Third St., Williamsport, PA 17701.

   E12-110.  Encroachment. Anthony L. Domitrovich, 1226 South Main Street, DuBois, PA 15801-1130. To construct and maintain a deck and walkway for a hunting cabin in the floodway of First Fork Sinnemahoning Creek located off Route 872 approximately 2.8 miles north of Route 120 (Sinnemahoning, PA Quadrangle N: 20.7 inches: W: 7.8 inches) in Grove Township, Cameron County. This permit was issued under section 105.13e Small Projects.

   E14-332.  Encroachment. Pa. Dept. of Transportation, 1924-30 Daisy St., Clearfield, PA 16830. To remove the existing structure and to construct and maintain a precast concrete box culvert having two spans of 16 feet each, a rise of 9 feet, depressed 1 foot into the streambed with an underclearance of 8 feet on a skew of 83 degrees, located on SR 3027 over Trout Run (Houtzdale, PA Quadrangle N: 15.8 inches; W: 2.6 inches) in Rush Township, Centre County. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E19-181.  Encroachment. Pennsylvania Department of Transportation, Engineering District 3-0, P. O. Box 218, 715 Jordan Avenue, Montoursville, PA 17754-0218. To remove the existing structure and to construct and maintain a single span concrete beam bridge with a 40 foot clear span on a 75 degree skew, with a curb width of 29.6 feet an average underclearance of 7.2 feet and to construct a temporary stream crossing over Elk Run on SR 4049 approximately 0.25 mile east of the Columbia County boundary line (Elk Grove, PA Quadrangle N: 10.1 inches; W: 4.4 inches) in Sugarloaf Township, Columbia County. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E41-436.  Encroachment. Limestone Township Supervisors, RR2, Box 823, Jersey Shore, PA 17740. To remove the existing structure and to construct and maintain a single barrel aluminum box culvert with a span of 17.5 feet and underclearance of 4.6 feet in an unnamed tributary to Antes Creek located on T-305 approximately 0.2 mile south of Mill Road, T-352 (Linden, PA Quadrangle N: 3.0 inches; W: 2.7 inches) in Limestone Township, Lycoming County. This permit was issued under section 105.13e Small Projects. This permit also includes 401 Water Quality Certification.

   Southwest Regional Office:  Soils and Waterways Section, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

   E04-263.  Encroachment. United States Gypsum Company, 125 South Franklin Street, Chicago, IL 60606-4678. To backfill the existing structure with a concrete slurry mix and to construct and maintain an 84" diameter smooth line HDPE replacement culvert for a distance of 575 feet in a tributary to the Ohio River (WWF) (locally known as Jones Run) for the purpose of constructing a wallboard plant. The site is located along the east side of S. R. 51 at the former LTV Steel Plant near River Mile 19.5 (Baden, PA Quadrangle N: 0.8 inch; W: 16.1 inches) in the City of Aliquippa, Beaver County. This permit was issued under section 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   E11-269.  Encroachment. Department of General Services (DGS), Bureau of Architecture and Engineering, 18th and Herr Streets, Harrisburg, PA 17125. To construct and maintain a flood protection project (DGS 184-34) in St. Clair Run (CWF) consisting of removal of the existing structures and to construct and maintain a 40-foot long, 16-foot by 7-foot box culvert under Chandler Avenue and a 960-foot long, 16-foot by 8-foot channel upstream. The permit authorizes modifications to the Fairfield Avenue Bridge and construction of a 250-foot long, 16-foot by 8-foot channel upstream (Johnstown, PA Quadrangle N: 17.5 inches; W: 10.0 inches) in the City of Johnstown, Cambria County.

   Northwest Regional Office:  Soils and Waterways Section, 230 Chestnut Street, Meadville, PA 16335-3481, (814) 332-6942.

   E20-464.  Encroachment. Advanced Cast Products, Inc. P. O. Box 417, Meadville, PA 16335. To construct and maintain a 385-foot-long by 80-foot-wide building addition between two existing buildings at the Advanced Cast Products Foundry within the FEMA mapped 100-year floodway of French Creek Southeast of the intersection of Pennsylvania Avenue and Mill Street (Meadville, PA Quadrangle N: 0.1 inch; W: 5.2 inches) in Vernon Township, Crawford County.


SPECIAL NOTICES

Planning Grant Awards under the Municipal Waste Planning Recycling and Waste Reduction Act

   The Department of Environmental Protection (Department), hereby announces the following grants to counties under section 901 of the the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101) (53 P. S. § 4000.901). The awards are based upon applications received by the Department of 1998.

   Planning grants are awarded to counties for 80% of approved costs for preparing municipal waste management plans as required by Act 101, for carrying out related studies, surveys, investigations, inquiries, research and analysis, including those related to siting, and for environmental mediation. Grants may be awarded for feasibility studies and project development for municipal waste processing or disposal facilities, except for facilities for the combustion of municipal waste that are not proposed to be operated for the recovery of energy. All grant awards are predicated on the receipt of recycling fees required by sections 701 and 702 of Act 101, and the availability of monies in the Recycling Fund.

   Inquires regarding the grant offerings should be directed to Sally Lohman, Planning Section, Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Division of Waste Minimization and Planning, P. O. Box 8472, Harrisburg, PA 17105-8472.

Act 101 Section 901 Planning Grants

CountyActivitiesDEP Grant
Northcentral Region
Snyder CountyRevise the Snyder County Municipal Waste Plan$36,752
Southwest Region
Somerset CountyRevise the Somerset County Municipal Waste Plan$4,771
Northwest Region
Elk CountyRevise the Elk County Municipal Waste Plan$40,554
__________
         Total$82,077

Bureau of Waterways Engineering

Retention of Engineering/Surveying Firms for Design Professional Services

Eastern Pennsylvania

Project Reference No. C69:11-FPP-103.4E

   The Department of Environmental Protection (Department) will retain an engineering or surveying firm to provide topographic and cross-sectional surveying throughout eastern Pennsylvania. Surveys could include among other purposes, surveying in and along streams and floodplains with particular detail required at bridges; locations and first floor elevations of area structures such as houses, businesses and industrial buildings; topographic surveys to be used for the design of projects; and construction surveys of flood protection projects.

Western Pennsylvania

Project Reference No. C69:11-FPP-103.4W

   The Department will retain an engineering or surveying firm to provide topographic and cross sectional surveying throughout western Pennsylvania. Surveys could include among other purposes, surveying in and along streams and floodplains with particular detail required at bridges; locations and first floor elevations of area structures such as houses, businesses and industrial buildings; topographic surveys to be used for the design of projects; and construction surveys of flood protection projects.

I.  General Requirements and Information

   The Department is authorized under section 905 of the Commonwealth Procurement Code (62 Pa.C.S. § 101 et seq.) to procure design professional services. Under this authority, the Department intends to execute two contracts, one for surveys in eastern Pennsylvania and one for surveys in western Pennsylvania for the period January 1, 1999, to December 31, 2001. Each contract will be limited to a maximum quantity of work not to exceed $100,000 per calendar year, depending on Departmental workloads. Firms (proposers) interested in performing the surveying services discussed previously are invited to submit proposals. Small engineering firms, socially/economically restricted businesses (SERBs) and other engineering firms which have not previously performed work for the Department, are encouraged to submit proposals. A proposal shall consist of:

   a.  A technical proposal describing the proposer's technical qualifications.

   b.  SERB qualification.

   c.  Fee schedule.

   d.  DGS Forms 150 and 150-S.

II.  Technical Proposal.

   The selected engineering or surveying firm shall have the capability of providing survey crews of either two or three persons when requested by the Department. Survey crews shall report to project sites within 7 days of notification by the Department. The selected firms will be responsible for providing their own survey instruments such as transits, levels, electronic distance measuring devices and all necessary support equipment. The selected firms shall also furnish all materials such as stakes, markers and field books. All field notes shall be neatly and legibly recorded in standard survey field books. All notes shall be reduced appropriately prior to the books being turned over to the Department.

   Proposals should include a brief description of previous survey work, the experience of the individual survey crew members and a description of technical equipment to be used. Proposals should also include a list of current scheduled projects or workload with estimated man-hours and completion dates for each job and the location of the survey crew's headquarters (where travel time begins) by municipality and county.

   Each proposal must include the firm's Federal identification number and the project reference number.

   All proposals will be reviewed by a Technical Review and Selection Committee.

III.  SERB Requirements.

   The Commonwealth of Pennsylvania strongly encourages the submission of proposals by SERBs. To achieve the objective of enhancing SERB participation, the Commonwealth has established SERB utilization as a selection criteria in the evaluation process.

   The Bureau of Contract Administration and Business Development (BCABD) of the Department of General Services will evaluate the aforementioned criteria and will assign a point value to be considered within the overall Request for Proposals (RFP) total point tabulation.

   Proposals submitted by individuals claiming SERB status or proposals submitted by individuals reflecting joint venture and subcontracting opportunities with SERBs must submit documentation verifying their claim.

   SERBs are businesses whose economic growth and development has been restricted based on social and economic bias. The businesses are BCABD-certified minority and women owned businesses and certain restricted businesses whose development has been impeded because their primary or headquarters facility is physically located in an area designated by the Commonwealth as being in an enterprise zone. Businesses will not be considered socially/economically restricted if one of the conditions listed as follows exists:

   1.  The business has gross revenues exceeding $4,000,000 annually.

   2.  The concentration of an industry is such that more than 50% of the market is controlled by the same type of SERB (Minority Business Enterprise (MBE)/Women Business Enterprise (WBE)) or businesses within designated enterprise zones.

   Proposers not considered to be socially/economically restricted businesses seeking to identify such businesses for joint venture and subcontracting opportunities are encouraged to contact: Department of General Services, Bureau of Contract Administration and Business Development, Room 502, North Office Building, Harrisburg, PA 17125, (717) 787-7380.

   SERBs are encouraged to participate as prime proposers. SERBs qualifying as an MBE/WBE must provide their BCABD certification number. SERBs qualifying as a result of being located in a designated enterprise zone must provide proof of this status.

   Proposers not considered to be SERBs must describe, in a narrative form, their company's approach to enhance SERB utilization on a professional level in the implementation of this proposal.

   The following options will be considered as part of the final criteria for selection:

   Priority Rank 1.  Proposals submitted by SERBs.

   Priority Rank 2.  Proposals submitted from a joint venture with a Commonwealth approved SERB as a joint venture partner.

   Priority Rank 3.  Proposals submitted with subcontracting commitments to SERBs.

   Each proposal will be rated for its approach to enhancing the utilization of SERBs, based on consideration of the following seven questions. The optional approach used will be evaluated with Option Number 1 receiving the greatest value and the succeeding options receiving a value in accordance with the above-listed priority ranking.

   Note:  Affirmative action and contract compliance statements referring to company Equal Employment Opportunity policies or past contract compliance practices are unacceptable in reference to the following questions.

   1.  Is the prime proposer a SERB? If yes, provide evidence of SERB status?

   2.  Does the prime proposer qualify as a Minority Business Enterprise (MBE) or Woman Business Enterprise (WBE)? If yes, provide the BCABD certification number?

   3.  Is the prime proposer a qualifying SERB as a result of being located in a designated enterprise zone? If yes, provide proof of this status.

   4.  If the prime proposer is not considered to be a SERB then describe the company's approach or commitment to enhance SERB utilization on a professional level in the implementation of any contract that may result from this RFP.

   5.  Is the proposal submitted as a joint venture with a Commonwealth-approved SERB as a joint partner? If yes, answer the following:

   a.  What work, goods, or services will the SERB(s) perform or provide?

   b.  Where will the SERB(s) perform these services?

   c.  When will the SERB(s) provide or deliver the goods or services?

   d.  Why was the SERB(s) selected?

   e.  Identify each SERB, and provide a contact person and phone number for each.

   f.  How will the SERB(s) be compensated?

   g.  What percent of the total value of the services or products required by this RFP will be provided by the SERB(s)?

   h.  In the SERB PARTICIPATION VALUE portion of the proposal, provide the estimated dollar value of the contract to the SERB(s).

   6.  Is the proposal submitted with subcontracting commitments to SERBs that would be directly associated with the professional performance of any contract that may be entered into as a result of this RFP? If yes, answer the following:

   a.  What work, goods, or services will the SERB(s) perform or provide?

   b.  Where will the SERB(s) perform these services?

   c.  When will the SERB(s) provide or deliver the goods or services?

   d.  Why was the SERB(s) selected?

   e.  Identify each SERB, and provide a contact person and phone number for each.

   f.  How will the SERB(s) be compensated?

   g.  What percent of the total value of the services or products required by this RFP will be provided by the SERB(s)?

   h.  In the SERB PARTICIPATION VALUE portion of the proposal, provide the estimated dollar value of the contract to the SERB(s), including total estimate and dollar commitment to each SERB.

   7.  Is the proposal committed to the utilization of SERBs to perform or provide goods or services indirectly associated with the performance of the proposal as a support function, such as general office equipment, office space, transportation, and the like? If yes, answer the following:

   a.  What work, goods, or services will the SERB(s) perform or provide?

   b.  Where will the SERB(s) perform these services?

   c.  When will the SERB(s) provide or deliver the goods or services?

   d.  Why was the SERB(s) selected?

   e.  Identify each SERB, and provide a contact person and phone number for each.

   f.  How will the SERB(s) be compensated?

   g.  What percent of the total value of the services or products required by this RFP will be provided by the SERB(s)?

   h.  In the SERB PARTICIPATION VALUE portion of the proposal, provide the estimated dollar value of the contract to the SERB(s).

   Note:  For this portion of the proposal one copy of the responses to the above questions 1 through 7 must be sealed in a separate envelope with the name of the proposer and project reference number shown on the outside of the envelope and identified as socially/economically restricted business (SERB) information.

   Additionally, the dollar value designated for SERB commitment shall be included, but listed separately, with the fee information discussed in the Fee Negotiation section of the proposal. The applicable items submitted for the Fee Negotiation section should also be used to prepare and detail the proposed SERB commitment value including, if applicable, fiscal year breakdown. The selected contractor's SERB commitment amount will be included as a contractual obligation when a contract is entered into.

   SERB Participation--Criteria for Selection. Emphasis here is placed on:

   1.  Proposals submitted by BCABD-approved SERBs.

   2.  Commitments by proposers not considered to be SERBs which significantly utilize approved SERBs in joint ventures.

   3.  Commitments by proposers not considered to be SERBs which aggressively pursue the use of approved SERBs in subcontracting opportunities.

IV.  Fee negotiations.

   In accordance with the selection method set forth in section 905(g) of the Commonwealth Procurement Code (62 Pa.C.S. § 101 et seq.), the Department shall select the highest qualified firm and negotiate a fee determined to be fair and reasonable to the Commonwealth. Each proposal shall include a fee schedule consisting of single copy of the hourly rates of pay and other appropriate fees and charges, and the dollar value designated for SERB commitment. The fee schedule shall be submitted in a sealed envelope clearly identified as to its contents, the name of the proposer and the project reference number. The fee schedules will be opened after the highest qualified firm is selected and will serve as the starting point for fee negotiations with the selected firm.

   The fee schedule shall include a rate per hour for a two person survey crew fully equipped; a rate per hour for a three person survey crew fully equipped; a rate per hour for an office technician to reduce field notes; a rate per hour for a draftsman to draw plans and maps; and a rate per hour for a crew chief to meet at project sites with Department engineers to discuss the actual work required.

   Travel and subsistence payment will be paid in accordance with the Commonwealth's Travel and Subsistence Reimbursement Rules and Regulations in effect at the time of actual work.

V.  Standard DGS Forms 150 and 150-S.

   The Standard DGS Forms 150 and 150-S must be submitted with each proposal.

VI.  Criteria for selection.

   In accordance with the policy set forth in section 905(g) of the Commonwealth Procurement Code (62 Pa.C.S. § 101 et seq.), the Department will select the successful firms on the basis of demonstrated competence and qualification. The following factors will be considered by the technical review committee during evaluation of each firm's proposal. The factors shown below are for the guidance of proposers only and are not necessarily listed in order of weight. Each proposer shall relate their proposal to these factors.

   1.  Specialized experience and technical competence of personnel.

   2.  Past record of the firm's performance with respect to cost control, work quality and ability to meet schedules.

   3.  The specific ability of personnel to perform the services required by the project.

   4.  Current workload of the firm as it affects performance of the work within the time limitations.

   5.  Socially/Economically Restricted Business Participation.

   6.  Equitable distribution of contracts to design professionals.

   7.  Particular capability to perform the services contemplated in this solicitation.

   8.  Geographic proximity of the professional to the proposed work sites.

   Three copies of the technical proposal, including one sealed envelope with SERB information and one sealed envelope containing fee information, must be deposited in the Department of Environmental Protection; Attn. Michael D. Conway, Director, Bureau of Waterways Engineering, 3rd Floor RCSOB, 400 Market St., Harrisburg, PA 17105-8460; prior to 12 noon, on March 22, 1999. Proposers may also obtain from this office a copy of the proposed contract to be entered into with the successful proposers. Firms may submit proposals for both areas, Eastern and Western Pennsylvania. Two firms will be selected but each successful firm will be selected for one area only. The assignment and services will be made to one of the firms responding to this notice. The Department reserves the right to reject any and all proposals submitted, cancel the solicitation requested under this notice, or re-advertise solicitation for this service.

[Pa.B. Doc. No. 99-270. Filed for public inspection February 19, 1999, 9:00 a.m.]



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