RFP Loss Control and Safety Services Consultant for the Authority s Owner Control Insurance Program
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- Aubrey Davidson
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1 RFP Loss Control and Safety Services Consultant for the Authority s Owner Control Insurance Program Question: How many projects are included in the upcoming work? Answer: At this time, according to our Five-Year Capital Program which identifies projects that may take place between , we estimate that approximately 16 projects may be considered for either the three-year or four-year OCIP. Question: Travel Expenses: Page 5 the RFP states the annual fixed service fee "shall be full payment for all work performed... Including but not limited to travel". How does the DRPA intend to handle Bridge tolls and PATCO fares for Safety personnel traveling to, from and on jobsites several times per day? Answer: Respondents are requested to state their proposed annual fixed service fee for all Loss Control & Safety Services separately in their Price Proposal response. The foregoing compensation shall be full payment for all work performed by the Loss Control & Safety Services Consultant under this Request for Proposal, including, but not limited to, all services, materials, supplies, travel, overhead, profit, taxes and other incidental and operating expenses. Question: Consulting on issues outside of the OCIP: Page 5 the RFP requests consulting on "safety issues including but not limited to the Owner Controlled Insurance Program". Question # 12 of the Questions Appendix indicates that the DRPA may ask the Consultant for services outside of the OCIP as well as non-drpa projects. Please quantify the amount of work the DRPA is looking to receive outside of the OCIP and confirm if additional charges can be negotiated on a Time and Expense rate for the non-ocip and Non-DRPA projects. Answer: At this time, it is not possible to quantify with any specificity the amount of work for which the DRPA may seek loss control and safety services outside of the OCIP. Any additional charges associated with loss control and safety services should be included, and clearly delineated as part of the Price Proposal evaluation. Question: Coverage questions and disputes: Page 10 item 1 of the RFP states the Consultant must "Resolve coverage questions/ disputes in a timely and amicable fashion". Can you confirm that although the Safety Consultant can provide useful job site information in a coverage analysis, it is not the Safety Consultant's responsibility to resolve coverage questions or disputes? Answer: To clarify, the Management Task is to resolve loss control and safety questions/disputes in a timely and amicable fashion.
2 Question: Intellectual Property Restriction: Page 16, item D of the RFP states "CONSULTANT acknowledges and agrees that all work produced pursuant to this Agreement is work made for hire and accordingly, all copyright, trademark, and intellectual property rights are owned exclusively by DRPA." Please confirm that copy-writed and trade secret work product of the broker/consultant shall not be deemed a work for hire of the DRPA. Answer: All work produced in accordance with broker/consultant services for the Authority shall be considered Authority property. Material copy-written, trademarked or otherwise protected as intellectual property by the broker/consultant as work performed for DRPA would be owned by DRPA. Question: Work Products: Page 16, item C of the RFP states "All materials, calculations, computations, specifications, drawings and intellectual property developed and prepared by the CONSULTANT, in the performance of its services herein, shall become the property of the Authority, and shall be turned over to the Authority at or prior to the termination of this Agreement, or upon written request of the Authority." Please confirm that copywrited and trade secret work product of the broker/consultant shall not be deemed a work for hire of the DRPA. Answer: All work produced in accordance with broker/consultant services for the Authority shall be considered Authority property. Material copy-written, trademarked or otherwise protected as intellectual property by the broker/consultant as work performed for DRPA would be owned by DRPA. DRPA does intend to own the rights for work that was prepared for DRPA. Question: On page 5 under APPROVAL, AWARD & EXECUTION OF CONTRACT it states The Loss Control & Safety Services Consultant shall serve as a full-time Consultant to the Authority on safety issues including but not limited to the Owner Controlled Insurance Program. Please clarify full-time. Answer: The safety positions would be required for the entire OCIP term. The current OCIP Broker/Consultant provides one dedicated full-time safety consultant for PATCO (rail) and two full-time safety consultants for DRPA (bridge). Question: In relation to Question 3, with what frequency should we anticipate visiting projects included in the OCIP? Answer: It is expected that each week, the Loss Control & Safety Consultant professional shall provide site observations at the job site periodically throughout the week. Additionally, during job site inspections, the loss control and safety consultants are expected to communicate with the General Contractors and the Construction Monitors so that safety exposures are addressed properly and in a timely manner.
3 Question: Outside of emergency situations, is it anticipated that work will be required on weekends and/or holidays? Answer: Yes, there are OCIP projects requiring site observations at night and on weekends and/or holidays. Question: Under Task B, item 4. It states Loss Control & Safety Consultant shall always be available to address in a timely and reasonable manner, any safety, or other loss control related questions posed by Authority personnel, on issues including but not limited to the OCIP. Please clarify shall always be available. Answer: The Authority expects that the Loss Control & Safety consultant will be available by cell phone, and further expects that calls will be returned within 24 hours. If the assigned Loss Control & Safety Consultant is unavailable, the Authority expects that an alternate will be available. Question: What is the contractual structure of the contractors within the OCIP as they relate to the DRPA? Answer: There is a signed and executed engineering contract for all OCIP projects with the contractors reporting directly to the Authority. Typically, there is a Construction Monitor present on-site that administers the construction project. Question: Page 7, Task A - Please clarify the difference between items 1 and 4, develop an administrative safety guide. Answer: Items #1 & 4 are redundant. Item #4 clarifies the program development expected. Question: Page 10, Task B, Item 5, 7, 8. - Please confirm who issues any potential safety fines and deduct change orders, the general contractor or the DRPA directly. Answer: The DRPA will issue any potential safety fines and deduct orders with the General Contractor after reviewing any recommendations of such from the Loss Control & Safety Consultant. Question: Page 10, Item 6 - Is a drug testing program already established. Or is the expectation that we will setup, define, identify third party and initiate as part of this RFP. If so, please provide more detail in regards to the project drug program, Answer: The current third party administrator for the OCIP is already in place. The contract expires when the current OCIP expires. The named broker/consultant will be expected to contract with the established third party administrator.
4 Question: Page 12, Task C, Number 6 - Please further define "Project Safety Coordinator" Answer: The Loss Control & Safety individual appointed by the DRPA/PATCO to monitor the coordination of safety on OCIP projects. Question: Page 13, IV, task A, Item 5 - please provide clarity or further detail in regards to "detailed quarterly safety activities" for each OCIP and non OCIP project. Many of the activities in the RFP appear OCIP specific, please clarify any activities expected or non-ocip projects if more then just consultation. Answer: Examples of some of the current loss control and safety activities performed in support of OCIP and non-ocip projects have been outlined in the RFP. Question: Please provide more information in regards to the number of mandatory meetings expected for the entire OCIP to assist in gauging and estimating staffing needs. Please provide sample monthly schedule, if available and already in place. Answer: DRPA & PATCO OCIP projects hold bi-monthly meetings for the length of the project. Services will be required for the three options; six-month extension of the current OCIP, three-year new OCIP or four-year new OCIP. Question: RFP references review of contractor safety programs. How many safety programs are expected in regards to frequency? Per week, per month, as example. Also, is this review in support of the general contractors review or in addition to, their review. Answer: As an example, the monthly safety reviews for the Contractor Safety Programs may range between two-five. Question: Could safety services be awarded to a company other than the OCIP administrator? Answer: Yes Question: Is it the intent to split up the business between a pre-determined number of Brokers or is it possible that one could be selected for most or all of the business? Answer: It is not the intent to split up the business between a predetermined number of Brokers. It may be possible that one Broker/Consultant could be selected for most or all of the business. After reviewing all proposals, the Authority will make an award/awards to the firm/firms that offer the best value to the Authority. Question: The RFP calls for a Dedicated claims consultant. Please explain? Answer: The Authority expects the Broker/Consultant to provide it with a dedicated full-time professional claims management consultant for each operational program. The dedicated claims consultants will be expected to evaluate and monitor claim reserves, manage all claims, maintain up-todate communication with the Authority s insurance companies and the Authority s Director of Risk Management & Safety and Chief Administrative Officer, among other duties and responsibilities.
5 Question: Does the Authority have a MBE/WBE goal? Answer: The RFPs do not contain MBE/WBE participation goals. However, the Authority will carefully consider the Respondents proposals to include certified MBE/WBEs who will provide meaningful services in support of the operational programs. Notwithstanding MBE/WBE participation, we will make an award/awards to the firm/firms that offer the best value to the Authority. Question: What is the fee currently paid to the broker/consultant, and do they disclose any supplemental commission or compensation paid by other sources? Answer: Currently, the brokers who place insurance on behalf of the Authority are compensated via commission, which is paid to the brokers by the insurance carriers. The loss control and safety services provided in support of the Authority s Owner Controlled Insurance Program are fee-based, and the fees are paid by the Authority on a quarterly basis. The Authority is moving towards an annual fixed fee for brokerage and loss control and safety services, both of which will be payable on a quarterly basis. The Authority has requested proposals to specify any other compensation including amount, basis for the fee(s) or other compensation, and source of payment(s) and will continue to do so going forward. Question: Will a fee only pricing proposal be permitted, or can a commission or capped commission be allowed, provided all compensation is fully disclosed and agreed in advance? Answer: Respondents are requested to state their proposed annual fixed service fee for all Broker/Consultant services to be provided separately in their Price Proposal response. The foregoing compensation shall be full payment for all work performed by the Broker/Consultant including, but not limited to, all services, materials, supplies, travel, overhead, profit, taxes and other incidental and operating expenses. Question: Is there a format for the "Price Proposal" portion of the response, and will 10 copies be required? Answer: The RFP did not contain a specific form for the Price Proposal. Respondents should clearly state their proposed annual fixed service fee for all Broker/Consultant services to be provided separately in their Price Proposal response. Yes, 10 copies of the Price Proposal will be required. Question: Will there be a requirement that selection of brokers/consultants includes representation from both Pennsylvania & New Jersey? Answer: We will make an award to the firm or firms that offer the best value to the Authority. Question: Are we allowed to answer the RFPs together or must they be treated as separate documents?
6 Answer: No, proposers must respond to each RFP separately. Please refer to Form and Manner of Submissions on page 3 of the RFPs. Question: What will be the decision process for the current RFPs, and who will be involved in the decision? Answer: All responses will be reviewed by an evaluation team. The team will determine which technical proposals best meet the needs of the Authority. DRPA will evaluate all technical proposals based on the criteria outlined in the respective RFPs. The final determination will be based on the Authority s evaluation, in its sole judgment, as to which technical proposal(s) best meet the needs of the Authority.
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