CITY OF HARRISBURG

MAYOR WANDA R.D. WILLIAMS

Invitation for Bids

IFB 2026-09

Office of the City Engineer Speed Cushion Installation Project

Table of Contents i

TABLE OF CONTENTS

Bid Summary Notice to Bidders Job Scope and Technical Bid Submittals Instructions To Bidders Bid Pricing Schedule Exhibit A Insurance Requirements for All Suppliers, Contractors and Subcontractors Exhibit B Contract Representatives Exhibit C Special Clauses Exhibit D Manner of Payment Exhibit E Facilities and Equipment to Be Provided by City Exhibit F Required Bonds Exhibit G General Provisions Exhibit H Bid Components for City Services Agreement

APPENDIX A

Project Attachments

APPENDIX B

Prevailing Wage Requirements and Wage Determination Rates

Invitation for Bid – Speed Cushion Installation Project

Bid Summary

Solicitation Reference: IFB 2026-09

Requirements: All requirements are outlined in this IFB

Pre-Bid Meeting:

Event details available on PennBid.net

Questions Due:

Details available on PennBid.net

Bids Due:

Details available on PennBid.net

Direct Inquiries to: Submit inquiries via messages on PennBid.

Submit via: PennBid.net > City of Harrisburg 2026-09 Speed Cushion Installation Project

Applicable: Written Scope Narrative

Type of Bid: Base Bid

Notice to Bidders

1. Prior to submitting inquiries and attending a site visit, please read all solicitation documentation and scope details provided.

2. Bids received containing omissions resulting from industry assumptions will be deemed non-responsive.

3. Incomplete bid submissions are not automatically disqualified unless missing bid bond or pricing form. Except for bid bonds and pricing, bidders shall have up to three (3) days from the date a clarification is requested by the city to correct or clarify attachments in the case of a clerical error.

4. For consideration, all forms must be completed and uploaded to PennBid prior to the submission deadline. Contact PennBid.net for any technical issues.

5. Solicitation documents, questions and answers, addendums, amendments and updates will be posted to PennBid.net. Pennbid.net is the sole source of accurate information regarding this bid.

6. Documents or forms retrieved from sources other than PennBid.net will not be considered.

7. The successful bidder must agree to the City of Harrisburg’s Agreement provided with the bid documents.

8. The “Agreement” found in this solicitation package is for information only and should not be signed prior to notice of award. Proposers must read and prepare to sign the agreement if awarded this contract.

9. It is the responsibility of the respondent to read and understand the city’s terms and conditions prior to responding to bidding.

10. The City reserves the right to reject any or all bids and reserves the right to waive irregularities.

11. The City will not be responsible for any costs associated with the preparation, submittal or presentation of any bids.

12. The City requires submission via upload to PennBid.net as part of the documentation process for this IFB.

13. The City will not agree to indemnify any vendors. Bids that require indemnification will be deemed non-responsive.

14. Bid results will be made available as soon as possible following the signing of the bid results. Bid results and signed tabulations/recordings do not confirm award.

15. Prevailing Wage Rates or Davis Bacon Rates may apply to some jobs.

16. The City reserves the right to award and/or contract with one or multiple contractors.

17. The City reserves the right to reject bids on the basis of quality of previous work and safety standards.

18. Bids are due at 11:00 PM to encourage participation from businesses who operate outside of standard business hours.

19. Bonds are required only when necessary or required by law.

20. To be considered responsive, a bid must include both: (1) Attachment A – Scope of Work, and (2) Attachment B – Equipment.

Job Scope and Technical Bid Submittals

Job: Speed Cushion Installation Project

The Contract work will include, but not necessarily be limited to, milling, paving and construction of traffic calming features.

Locations and number of speed cushion are as follows:

1. Berryhill Street (Between 13th St and 17th St) – Three (3) speed cushion configuration at four (4) locations for a total of twelve (12) speed cushions.

2. Brookwood Street (Between Derry St and 19th St)– Three (3) speed cushion configuration at three (3) locations for a total of nine (9) speed cushions.

3. Division Street (Between 2nd St and 6th St) – Four (4) speed cushion configuration at seven (7) locations for a total of twenty-four (24) speed cushions.

4. North 3rd Street (Between Seneca St and Schuylkill St) – Four (4) speed cushion configuration at one (1) location for a total of four (4) speed cushions.

5. North 7th Street (Between Reily St and Harris St) – Two (2) speed cushion configuration at one (1) location for a total of two (2) speed cushions.

6. North Jefferson Street (Between Radnor St and Columbia Ave) – Three (3) speed cushion configuration at one (1) location for a total of three (3) speed cushions.

Please Appendix A for approximate location of the speed cushions. Final speed cushion locations are subject to the approval by the City Engineer or an authorized designee.

Job Scope

Speed Cushion installation per plans and specifications provided in Appendix A.

Prior to construction start, remove all temporary speed cushions and return all items to the Office of the City Engineer.

An on-site staging area and material stockpile is not guaranteed. Contractor shall coordinate with the Office of the City Engineer’s representative for an acceptable location.

Contractor shall make all necessary PA1Call notifications prior to start of work.

Equipment Product Requirements

Contractor must meet equipment minimum as follows:

N/A

Technical Submittal

Attachment A Bidder’s Written Bid (Scope) Narrative

Attachment B

Equipment List – meets or exceeds above requirements

Disclaimer: Bids must include scope narrative for consideration.

Performance Requirements

All materials and workmanship must be in accordance with PennDOT Publications 408/2020 (Current Edition), 72M, 111, 13 and 13M.

As per City Engineering Specification 9000-0001 (Appendix A1 – Special Provisions) As per Engineering drawings (Appendix A2-A7) Safety: Work zones must follow Pub 213 (Temporary Traffic Control) for safe speed cushion installation.

Any changes to the scope of work must be approved through a signed change order.

Contractor Parking

On street (free or metered) parking available – please price job accordingly. The city’s public safety and public works personnel will not be closing roads or reserving parking for this contract.

Instructions To Bidders

1. Bidders are required to attend a mandatory site visit and attach all requirements with bid submissions.

2. The length of the Contract will be approximately 2 months once notice to proceed is given.

3. Sealed Bids shall be submitted electronically via PennBid (www.PennBid.net) by the date and time indicated.

4. Where subcontractors are proposed, prime contractors are expected to make every effort to solicit quotes from the wider business community and available M/W/DBE providers.

5. If checked, bidders shall submit the following with bid submissions:

10% Bid Security/Bond.

Non-Collusion Affidavit

Proof of Insurance

List 1: Provide a list of at least 3 contracts, including the name of each counterparty and brief description. List only.

List 2: If subcontractors are proposed, include a list identifying each subcontractor and indicate their Minority, Women, or Disadvantaged Business Enterprise (M/W/DBE) status.

List 3: Submit a list of all subcontractors contacted during the process, noting any M/W/DBE certifications they hold.

List of Owned Equipment – See equipment requirements

List of Chemicals / Cleaning Solutions

6. The Successful Bidder (not required for bidding) is required to furnish the following:

a. Certificate of Insurance - See Required Limits under Exhibit A

b. 100% Performance Bond

c. 100% Payment Bond (where subcontractors are proposed)

d. City of Harrisburg Business/Mercantile License

e. W9

f. Conflict of Interest Disclosure

g. Litigation Disclosure

h. As a precondition of being awarded a Contract, Successful Bidder, and its subcontractor(s) are required, to provide confirmation of compliance with Act 127 of 2012, the “Public Works Employment Verification Act”..

7. Responsibility Requirements:

a. Participating bidders must perform and scope survey reviewing the full scope in order to place a bid. A bidder’s work scope must be submitted with the bid.

b. It is a requirement of this Contract that the successful bidder shall have a minimum of 3-prior service contracts for the same service type and similar work scope (landscaping).

c. It is a requirement of this Contract that at least 75% of the Work be performed by Bidder’s own work force, not by subcontractor(s).

d. Bidders, subcontractors, their workers and any persons providing labor and products to the job shall be persons lawfully permitted to work in the United States and the Commonwealth of Pennsylvania.

e. Performance Bond, when required, shall remain in effect for at least two years after final acceptance of the Work by the City of Harrisburg and final payment.

8. Pricing Schedule:

Bidders shall submit a lump sum price for services using the Pricing Schedule provided.

9. Selection:

The City of Harrisburg reserves the right to reject any or all bids and to make an award which is in the best interest of the City. The Owner fully intends to construct the work for which bids are solicited. However, the Owner specifically reserves the right, which all bidders acknowledge by submission of a bid, to reduce quantities and/or eliminate projects to meet available finances. Reduction of quantities or elimination of projects will not constitute grounds of additional or compensatory charges to the low bidder.

10. Bid Submission Checklist

a. Submit the below listed attachments with your bid submission through PennBid.net.

Item 1 Acknowledgments Questionnaire Required

Item 2 PennBid RFI Form (including all required attachments) Required

Item 3 Completed Schedule of Prices (Pricing) Required

PLEASE DOUBLE CHECK YOUR FORMS FOR COMPLETENESS BEFORE UPLAODING IN

PENNBID.

Bid Pricing Schedule

Bid Pricing Schedule

The Pricing Schedule is available and shall be completed and submitted directly through PennBid.

INSERT DATE OR DELETE TABLE AND REFERNECE

Type Description Qty UOM Bid Price

Base Bid Lump sum for Speed Cushion

Installation 54 Each

Base Bid Mobilization 1 Lump Sum

Base Bid Maintenance and

Protection of Traffic During Construction

1 Lump Sum

Exhibits

Exhibit A Insurance Requirements for All Suppliers, Contractors and Subcontractors

CERTIFICATES OF INSURANCE SHALL BE FURNISHED FOR ALL COVERAGE LISTED BELOW IN THE

FOLLOWING MINIMUM AMOUNTS:

Type of Insurance Required Limits

1. Commercial General Liability (Per Occurrence Basis)

General Aggregate $2,000,000 Products & Completed Operations Aggregate 1,000,000 Person & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Explosion, Collapse and Underground (XCU) 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000

2. Automobile Liability (Owned, Hired, & Non-Owned Autos

Combined Single Limit $1,000,000

3. Worker's Compensation and Employer's Liability (Statutory)

Each Accident $ 100,000 Disease - Aggregate Policy Limit 500,000 Disease - Each Employee 100,000

Deductible Limits Contractor shall be responsible for any deductible or self-insured retention.

Deductible limits shall not exceed 5% of aggregate or combined single limits stated above.

Notice of Cancellation All policies shall contain a provision that coverage affected will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to the certificate holder.

Certificate Holder:

City of Harrisburg 10 North 2nd Street Harrisburg, PA 17101

Exhibit B Contract Representatives

1. Representatives.

The CITY Representative for this Agreement is:

All CONTRACTOR communications pertaining to this Agreement shall be referred to the CITY’s Representative or the Representative’s designee.

The CONTRACTOR Representative for this Agreement is:

Company Representative – Position or Title Company Name Address Email

All CITY communications pertaining to this Agreement shall be referred to the CONTRACTOR Representative. All correspondence to CONTRACTOR shall be addressed to the address or e-mail address set forth on page one of this Agreement. Unless otherwise provided in this Agreement, all correspondence to the CITY shall be addressed to the CITY Representative.

Exhibit C Special Clauses

[To be completed by the City Representative:]

Prevailing Wage Act

The services provided under this Agreement constitute “public works” under Pennsylvania Statute

Title 43 Chapter 5A. Pennsylvania Prevailing Wage Act meaning construction, reconstruction, demolition, alteration and/or repair work other than maintenance work, done under contract and paid for in whole or in part out of the funds of a public body where the estimated cost of the total project is in excess of twenty-five thousand dollars ($25,000), but shall not include work performed under a rehabilitation or manpower training program [check if applicable]:

X Public Works projects in an amount exceeding $25,000

Liquid Fuels Funds

The services provided under this Agreement constitute “construction or maintenance” under Pennsylvania Administrative Code 67 Pa. Code § 449.9 Liquid Fuels Tax Funds Construction and maintenance contracts and are funded by State Liquid Fuel Funds [check if applicable]:N/A

Construction or maintenance projects in an amount exceeding $10,000

City received PennDOT authorization Project Approval Form MS-329

Davis-Bacon Act

The services provided under this Agreement constitute services funded by a federal grant or loan monies for the construction, alteration, or repair (including painting and decorating) of public buildings or public works, municipalities must comply with the wage rates and record keeping procedures established by the Davis-Bacon Act [check if applicable]: N/A

Construction Project costs exceed $2,000 and federal funds supply more than 25 percent of the total project cost

Steel Products Procurement Act

The services provided under this Agreement constitute a public works project and require steel products as defined under Pennsylvania Statutes 73 P.S. § 1886. Steel products require certification of the source of steel products used to confirm production in the United States [check if applicable]:N/A

Public Works project requiring steel products

Separation Act

The services provided under this Agreement constitute a project preparing for the erection, construction, and alteration of any public building and include at least two of the trade categories plumbing, heating, ventilation, and electric work [check if applicable]: N/A

Public Buildings project in an amount exceeding $20,100

Grant Requirements

The services provided under this Agreement are funded by [check if applicable]: N/A

Federal Grant

State Grant

Local or County Grant

Exhibit D Manner of Payment

1. CONTRACTOR’s Compensation. The service fee paid to the CONTRACTOR for the performance of all services set forth in the Invitation to Bid / Scope of Services, including normal revisions (hereafter the “Services”), for a bi-weekly service period in accordance contractor’s base bid price, shall not exceed the total sum of

$ (Base Bid Lump Sum)

2. Billable Rates. CONTRACTOR shall be paid bi-weekly for the performance of services as fulfilled according to the scope in the Invitation to Bid / Scope of Services at the rate proposed in contractor bid form section titled “Bid Pricing Schedule”, attached hereto and incorporated herein.

3. CONTRACTOR’s Reimbursable Expenses. Reimbursable expenses are not allowable under this agreement.

4. Payments to CONTRACTOR.

A. Payments to CONTRACTOR shall be made within a reasonable time after receipt of CONTRACTOR’s invoice, in proportion to services performed or as otherwise specified in the Inv. CONTRACTOR may request payment on a monthly or bi-weekly basis. The City operates on a bi-weekly check run schedule and cannot rush payments on invoices that are received late. CONTRACTOR shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of CITY.

B. All invoices submitted by CONTRACTOR shall contain the following information:

1. Company Name

2. Company Contact and Phone number

3. Purchase Order as received by the City referencing this agreement

4. CONTRACTOR’s Invoice Number

5. Date of Invoice Issuance

6. CITY contract representative identified on the Purchase Order

7. CONTRACTOR’s remit address for payment

8. Amount of Invoice

9. Total Billed to Date under Agreement

C. Invoices that do not conform to the format outlined above shall be returned to the

CONTRACTOR for correction. CITY shall not be responsible for delays in payment to CONTRACTOR resulting from CONTRACTOR’s failure to comply with the invoice format described above. The City will issue payment Net 30-45 from the invoice date or receipt date whichever comes last.

D. Submitting Invoices:

Email. Submit email invoices and any attachments to:

Joel Seiders, PE – City Engineer City of Harrisburg jseiders@harrisburgpa.gov

5. Additional Services. Additional Services are those services related to the scope of services of CONTRACTOR set forth in the scope and specifications for this solicitation but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Change Order Agreement authorizing the Additional scope is approved by CITY in accordance with CITY’s Change Order Agreement procedures. CITY reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services.

6. Accounting Records of CONTRACTOR. During performance of this Agreement and for a period of three (3) years after completing all Services and Additional Services hereunder, CONTRACTOR shall maintain all accounting and financial records related to this Agreement, including, but not limited to, records of CONTRACTOR’s costs for all Services and Additional Services performed under this Agreement and records of CONTRACTOR’s Reimbursable Expenses, in accordance with generally accepted accounting practices, and shall keep and make the records available for inspection and audit by representatives of the CITY upon reasonable written notice.

7. Taxes. CONTRACTOR shall pay, when and as due, any and all taxes incurred as a result of CONTRACTOR’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. CONTRACTOR hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of CONTRACTOR’s breach of this Section 7.

Exhibit E Facilities and Equipment to Be Provided by City

Not furnish any facilities or equipment for this agreement; or

X Furnish the following facilities or equipment for the Agreement [list, if applicable]:

Where existing post mounted signs (including but not limited to stop signs, street name signs, bus stop signs) are to be removed and/or reset to accommodate the construction of speed cushions, the City may desire new sign materials to be utilized. The City will provide Contractor with the necessary flat sheet signs, breakaway steel posts, aluminum bolts, nuts and anti-theft hardware for all the speed cushion related construction work.

Exhibit F Required Bonds

Bid Bond

10% Bid Bond is required.

Payment Bond

100% Performance Bond required, if applicable. (Only if subcontractors are hired)

Performance Bonds

100% Performance Bond required.

Maintenance Bonds

Not Required.

Exhibit G General Provisions

1. Independent Contractor.

A. It is understood and agreed that CONTRACTOR (including CONTRACTOR’s employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither CONTRACTOR nor CONTRACTOR’s assigned personnel shall be entitled to any benefits payable to employees of CITY. CITY is not required to make any deductions or withholdings from the compensation payable to CONTRACTOR under the provisions of this Agreement, and CONTRACTOR shall be issued a Form 1099 for its services hereunder. As an independent contractor, CONTRACTOR hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of CONTRACTOR’s employees or by any third party, including but not limited to any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement or by reason of the nature and/or performance of any Services under this Agreement. (As used in this Exhibit H, the term “Services” shall include both Services and Additional Services as such terms are defined elsewhere in this Agreement.)

B. It is further understood and agreed by the parties hereto that CONTRACTOR, in the performance of its obligations hereunder, is subject to the control and direction of CITY as to the designation of tasks to be performed and the results to be accomplished under this Agreement, but not as to the means, methods, or sequence used by CONTRACTOR for accomplishing such results. To the extent that CONTRACTOR obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Agreement, this use shall be at the CONTRACTOR’s sole discretion based on the CONTRACTOR’s determination that such use will promote CONTRACTOR’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Agreement, the CITY does not require that CONTRACTOR use CITY facilities, equipment or support services or work in CITY locations in the performance of this Agreement.

C. If, in the performance of this Agreement, any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by CONTRACTOR. It is further understood and agreed that CONTRACTOR shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of CONTRACTOR’s assigned personnel and subcontractors.

D. The provisions of this Section 1 shall survive any expiration or termination of this Agreement. Nothing in this Agreement shall be construed to create an exclusive relationship between CITY and CONTRACTOR. CONTRACTOR may represent, perform services for, or be employed by such additional persons or companies as CONTRACTOR sees fit provided that CONTRACTOR does not violate the provisions of Section 5, below.

2. Licenses; Permits, Etc. CONTRACTOR represents and warrants that CONTRACTOR has all licenses, permits, City Business Privilege/Mercantile License, qualifications, and approvals of whatsoever nature that are legally required for CONTRACTOR to practice its profession or provide any services under the Agreement. CONTRACTOR represents and warrants that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for CONTRACTOR to practice its profession or provide such Services.

3. Time. CONTRACTOR shall devote such time and effort to the performance of Services pursuant to this Agreement as is necessary for the satisfactory and timely performance of CONTRACTOR’s obligations under this Agreement. Neither party shall be considered in default of this Agreement, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party.

4. CONTRACTOR Not Agent. Except as CITY may specify in writing, CONTRACTOR and CONTRACTOR’s personnel shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR and CONTRACTOR’s personnel shall have no authority, express or implied, to bind CITY to any obligations whatsoever.

5. Confidentiality of CITY Information. During performance of this Agreement, CONTRACTOR may gain access to and use CITY information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the CITY. CONTRACTOR agrees to protect all City Information and treat it as strictly confidential, and further agrees that CONTRACTOR shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the prior written consent of CITY. A violation by CONTRACTOR of this Section 6 shall be a material violation of this Agreement and shall justify legal and/or equitable relief.

6. CONTRACTOR Information.

A. CITY shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by CONTRACTOR pursuant to this Agreement. In this Agreement, the term “information” shall be construed to mean and include: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, Photostatting, photographing, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. CONTRACTOR shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by CITY.

B. CONTRACTOR shall fully defend, indemnify and hold harmless CITY, its officers and employees, and each and every one of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by CONTRACTOR pursuant to this Agreement infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. CITY shall make reasonable efforts to notify CONTRACTOR not later than ten (10) days after CITY is served with any such claim, action, lawsuit or other proceeding, provided that CITY’s failure to provide such notice within such time period shall not relieve CONTRACTOR of its obligations hereunder, which shall survive any termination or expiration of this Agreement.

C. All proprietary and other information received from CONTRACTOR by CITY, whether received in connection with CONTRACTOR’s proposal to CITY or in connection with any Services performed by CONTRACTOR, will be disclosed upon receipt of a request for disclosure, pursuant to the Pennsylvania Right to Know Law; provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to CITY, CITY shall give notice to CONTRACTOR of any request for the disclosure of such information. The CONTRACTOR shall then have five (5) days from the date it receives such notice to enter into an agreement with the CITY, satisfactory to the City Solicitor, providing for the defense of, and complete indemnification and reimbursement for all costs (including plaintiff’s attorney fees) incurred by CITY in any legal action to compel the disclosure of such information under the Pennsylvania Right to Know Law. The CONTRACTOR shall have sole responsibility for defense of the actual “trade secret” designation of such information.

D. The parties understand and agree that any failure by CONTRACTOR to respond to the notice provided by CITY and/or to enter into an agreement with CITY, in accordance with the provisions of subsection C, above, shall constitute a complete waiver by CONTRACTOR of any rights regarding the information designated “trade secret” by CONTRACTOR, and such information shall be disclosed by CITY pursuant to applicable procedures required by the Right to Know Law.

7. Standard of Performance. CONTRACTOR shall perform all Services required pursuant to this Agreement in the manner and according to the standards currently observed by a competent practitioner of CONTRACTOR’s profession in Pennsylvania. All products of whatsoever nature that CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in CONTRACTOR’s profession and shall be provided in accordance with any schedule of performance specified in this Agreement. CONTRACTOR shall assign only competent personnel to perform Services pursuant to this Agreement.

CONTRACTOR shall notify CITY in writing of any changes in CONTRACTOR’s staff assigned to perform the Services required under this Agreement, prior to any such performance. In the event that CITY, at any time during the term of this Agreement, desires the removal of any person assigned by CONTRACTOR to perform Services pursuant to this Agreement, because CITY, in its sole discretion, determines that such person is not performing in accordance with the standards required herein, CONTRACTOR shall remove such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person.

8. Term; Suspension; Termination.

A. This Agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the Agreement, and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.

B. CITY shall have the right at any time to temporarily suspend CONTRACTOR’s performance hereunder, in whole or in part, by giving a written notice of suspension to CONTRACTOR.

If CITY gives such notice of suspension, CONTRACTOR shall immediately suspend its activities under this Agreement, as specified in such notice.

C. CITY shall have the right to terminate this Agreement at any time by giving a written notice of termination to CONTRACTOR. If CITY gives such notice of termination, CONTRACTOR shall immediately cease rendering Services pursuant to this Agreement. If CITY terminates this Agreement:

i. CONTRACTOR shall, not later than five (5) days after such notice of termination, deliver to CITY copies of all information prepared pursuant to this Agreement.

9. CITY shall pay CONTRACTOR the reasonable value of Services rendered by CONTRACTOR prior to termination; provided, however, CITY shall not in any manner be liable for lost profits that might have been made by CONTRACTOR had the Agreement not been terminated or had CONTRACTOR completed the Services required by this Agreement. In this regard, CONTRACTOR shall furnish to CITY such financial information as in the judgment of the CITY is necessary for CITY to determine the reasonable value of the Services rendered by CONTRACTOR. The foregoing is cumulative and does not affect any right or remedy that CITY may have in law or equity.

10. Indemnity. CONTRACTOR shall defend, hold harmless and indemnify CITY and its agents, its officers, employees, and elected and appointed officials from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by CITY’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including but not limited to Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Agreement by CONTRACTOR, any subcontractor or agent, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder or (ii) such Liabilities are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for any damage or expense for death or bodily injury to persons or damage to property to the extent arising from the sole negligence or willful misconduct of CITY, its agents, servants, or independent contractors who are directly responsible to CITY, except when such agents, servants, or independent contractors are under the direct supervision and control of CONTRACTOR.

A. Insurance Policies; Intellectual Property Claims: The existence or acceptance by CITY of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of CITY’s rights under this Section 10, nor shall the limits of such insurance limit the liability of CONTRACTOR hereunder. This Section 10 shall not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of Section6.B., above. The provisions of this Section 10 shall survive any expiration or termination of this Agreement.

11. Entire Agreement. This document, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by CONTRACTOR, and by CITY, in accordance with applicable provisions of the Harrisburg City Code.

12. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

13. Waiver. Neither CITY acceptance of, or payment for, any Service or Additional Service performed by CONTRACTOR, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

14. Applicable Law & Jurisdiction. This Agreement shall be governed, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law provisions thereof. Each party hereto consents to the exclusive jurisdiction of the state courts of Pennsylvania situate in the County of Dauphin, Pennsylvania or in the United States

District Court for the Middle District of Pennsylvania for any litigation that may arise out of this Agreement and each party hereto waives any objection based on forum non conveniens or any other objection to such venue. The United Nations Convention on Contracts for Sale of Goods shall not apply.

15. Assignment. The expertise and experience of CONTRACTOR are material considerations for this Agreement. CITY has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on CONTRACTOR under this Agreement.

In recognition of this interest, CONTRACTOR shall not assign any right or obligation pursuant to this Agreement without the written consent of the CITY. Any attempted or purported assignment without CITY’s written consent shall be void and of no effect. Any assignment consented to by the CITY shall be evidenced by a written assignment agreement executed by CONTRACTOR and its assignee in which the assignee agrees to be legally bound by all of the terms and conditions of the original Agreement and to assume the duties, obligations, and responsibilities being assigned.

16. Binding Effect. This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 15, above.

17. Taxes. CONTRACTOR shall pay, when and as due, any and all taxes incurred as a result of CONTRACTOR’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of such payment upon request. CONTRACTOR is responsible for all tax reporting and withholding of all taxes including, but not limited to, federal, state or local taxes, Social Security or other taxes. CONTRACTOR agrees to hold the City of Harrisburg harmless from the assessment of any and all taxes due and payable by CONTRACTOR arising from compensation received from the City of Harrisburg. CONTRACTOR hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of CONTRACTOR’s breach of this Section 17.

18. Standard of Conduct. In order to protect the City of Harrisburg’s good will, CONTRACTOR agrees that CONTRACTOR will behave and conduct himself reasonably, prudently, and courtesy and in such a manner so as not to reflect adversely upon the City of Harrisburg and will perform, at all times, faithfully, industriously, and to the best of his ability, experience and talents, perform all duties that may be require of his pursuant to the expressed and implicit terms of this Agreement. CONTRACTOR agrees to comply with all statues, regulations and ordinances of the United States, of the Commonwealth of Pennsylvania, and the City of Harrisburg, and all other applicable rules and regulations.

19. Non-Discrimination. Neither CONTRACTOR nor the City of Harrisburg shall discriminate against any person because of age, race, color, religious creed, religion, ancestry, national origin, sexual orientation, or disability.

20. Confidentiality. CONTRACTOR agrees that he shall not divulge, without the consent of the City of Harrisburg, any confidential or proprietary information of the City of Harrisburg and he shall keep confidential any information produced or obtained in the course of the performance of this Agreement except with the consent of the City of Harrisburg or as required by law. Any material or information developed, prepared, produced or compiled in the course of this Agreement by CONTRACTOR shall be owned by the City of Harrisburg, whether written or electronic or any other form.

Exhibit H Bid Components for City Services Agreement

Intentionally Left Blank

APPENDICES

APPENDIX A

Project Attachments

APPENDIX B

Prevailing Wage Requirements and

Wage Determination Rates

PREVAILING WAGE REQUIREMENTS

The Pennsylvania Prevailing Wage Act (Act No. 442 - Session of 1961, as amended) shall apply to this Project.

Contractor is responsible for compliance with the law, including the following specific requirements:

1. All workmen employed by this Project shall be paid not less than the minimum wage rates, including employee benefits, which have been determined by the Secretary of Labor and Industry.

2. Each Contractor and Subcontractor shall keep an accurate record showing the name, craft and the actual hourly rate of wage paid to each workman employed by him in connection with this public Work. This record shall be preserved for two years from date of Project. This record shall be open to the inspection of the Owner, or representative thereof, and to the Secretary of Labor and Industry.

3. Contractor and Subcontractors shall post for the entire period of construction the general prevailing minimum wages for each craft and classification involved, as determined by the Secretary of Labor and Industry, and in a prominent and easily accessible place at the Site of the Work. At a minimum, the posted notice of wage rates must contain the following information:

a. Name of Project.

b. Name of public body for which it is being constructed.

c. The crafts and classifications of workmen listed in the Secretary's general prevailing minimum wage rate determination for the particular Project.

d. The general prevailing minimum wage rates determined for each craft and classification and the effective date of any changes.

e. A statement advising workmen that if they have been paid less than the general prevailing minimum wage rate for their job classification or that the Contractor and/or Subcontractor are not complying with the Act or these Regulations in any manner whatsoever, they may file a protest with the Secretary of Labor and Industry. Any workmen paid less than the rate specified shall have a civil right of action for the difference between the wage paid and the wages stipulated, which right of action must be exercised within six months from the occurrence of the event creating such right.

4. At the completion of the Work and as a prerequisite for acceptance by the Owner, each Contractor and Subcontractor shall file statements with the Owner of the names and amounts of unpaid wages.

5. Each Contractor and each Subcontractor shall file a statement each week under oath and in form satisfactory to the Secretary certifying that all workmen have been paid wages in strict conformity with the provisions, if any wages remain unpaid, to set forth the amount of wages due and owing to each workmen respectively.

6. Contractor and Subcontractors shall make employees available for interviews by the Owner or representative thereof or to the Secretary on a reasonable basis. Interviews shall be limited to the employee's name, address, dates worked on the Project, hourly rate, job classification, duties, tools and equipment utilized and comments regarding compliance with the labor standards.