2023-PQMA-203_Application_Packet-Earth_Excavation_SnowRemoval_.pdf

CITY OF PITTSBURGH

Office of Management & Budget Bureau of Procurement

2023-PQMA-203

APPLICATION FOR PRE-QUALIFIED LIST AGREEMENT

for

Earth Excavation and Snow Removal

SUBMITTAL:

Email completed application packet documents to contracts@pittsburghpa.gov with email subject reference "2023-PQMA-203".

DEADLINE:

Applications for a PQ List Agreement will be accepted through September 30th, 2027.

mailto:edward.pikula@pittsburghpa.gov

Dear Applicant:

The City of Pittsburgh (“City”), invites you to apply for approval to participate in a new Prequalified Contract for Earth Excavation and Snow Removal (referred to herein as the “Prequalified Contract” or “Contract”).

There is a two-step process required to bid on City Pre-Qualified contracts:

1. Get on the Approved Prequalified Vendor List:

Any vendor who wishes to be eligible for the award of individual Scopes of Work under this Contract must first be approved by the City in order to be included on the Pre-Qualified List (referred to herein as “PQ List”). Vendor applicants must seek approval through the City’s Office of Management and Budget Procurement Unit by signing the enclosed Pre-Qualified Contract and submitting all required information listed below. If a vendor is ultimately approved the City will then execute the Prequalified Contract and inform that Vendor that it has been approved for prequalification and placed on the PQ List.

• One (2) original copies of the enclosed Agreement.

• One (1) copy of IRS Form W9

• One (1) original Insurance Certificate as outlined in the terms and conditions of this document.

The City of Pittsburgh must be named as "additional insured". (See Item 5 of the Articles of Agreement.)

• One (1) completed copy each of Exhibits A-D

• One (1) copy of City of Pittsburgh Contractor License

• Emergency Work Rate Sheet

• Summary of Qualifications/Firm Overview

The City shall consider all relevant history, past performance and information about all applicants for prequalification in determining which applicants shall be approved for placement on the PQ List.

Please note that initial approval as a Prequalified Vendor does not override the legal requirement that the City’s contracts must be awarded to the lowest responsible bidder.

Although the Pre-Qualification Application documents may be submitted to the City at any time, a Vendor applying for prequalification for the first time should submit the Pre-Qualification Application to the Office of Management and Budget Procurement Unit at least thirty (30) days before the Vendor wishes to apply for a bid for any particular project to ensure sufficient time for processing.

CITY OF P ITTSBURGH

OFFICE OF MANAGEMENT & BUDGET

City County Building

ED GAINEY

MAYOR

JAKE PAWLAK

DIRECTOR

414 GRANT STREET | CITY-COUNTY BUILDING, FIFTH FLOOR | 412-255-2640

2. Bid on Individual Contracts:

Placement on the PQ List permits a Vendor to submit bids for the award of individual Scopes of Work (SOW) for specific projects. Bids for specific services will be solicited from the PQ List for Services on an as-needed basis. Please be advised that specific projects must be awarded to the lowest responsible bidder as per City ordinance and that the City shall consider all relevant history, past performance and information about all prequalified Vendors in making such determinations.

The submission of the application package does not guarantee placement on the PQ List, any award of bids solicited under this Contract, or that any minimum amount of bids will be solicited by the City. The City reserves the right to reject all bids for a particular project when it is in the best interests of the City to do so.

Should you have any questions, please email them to contracts@pittsburghpa.gov with the email subject reference 2023-PQMA-203".

Sincerely, Jennifer Olzinger Chief Procurement Officer Office of Management & Budget

414 GRANT STREET | CITY-COUNTY BUILDING, FIFTH FLOOR | 412-255-2640

PRE-QUALIFIED MASTER AGREEMENT

2023-PQMA-203

PQ LIST FOR EARTH EXCAVATION AND SNOW REMOVAL

City of Pittsburgh

City-County Building

Pittsburgh, PA 15219

RELEASE DATE: October 18, 2023

RESPONSE DEADLINE: September 30, 2027, 5:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

contracts@pittsburghpa.gov https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Pittsburgh

PRE-QUALIFIED MASTER AGREEMENT

PQ List for Earth Excavation and Snow Removal

I. Introduction II. Instructions to Bidders

III. Scope of Work IV. Equal Opportunity Review Commission Terms V. General Terms and Conditions

VI. Construction Terms and Conditions

Attachments:

A - IRS_W-9_Form (1)

B - 2023-PQMA-203 Application Packet-Earth Excavation/SnowRemoval

PRE-QUALIFIED MASTER AGREEMENT #2023-PQMA-203

Title: PQ List for Earth Excavation and Snow Removal

1. Introduction

1.1. Summary

The City of Pittsburgh, Office of Management and Budget, is seeking proposals from qualified Contractors and/or Excavators to furnish labor, equipment, materials and services for Earth Excavation and Snow Removal.

The initial contract period shall commence upon the execution of this contract and shall terminate at midnight on September 30, 2027.

1.2. Contact Information

Jessie Nusser Sourcing Specialist 414 Grant St Suite 502 Pittsburgh, PA 15219 Email: jessica.nusser@pittsburghpa.gov Phone: (412) 255-2458

Department:

Office of Management & Budget

1.3. Timeline

Application Release Date October 18, 2023

Application Submission Deadline September 30, 2027, 5:00pm

Application Submission Method Send application to: contracts@pittsburghpa.gov.

Do Not Upload to OpenGov.

mailto:jessica.nusser@pittsburghpa.gov tel:(412)255-2458

2. Instructions to Bidders

2.1. APPLICATION SUBMISSIONS

All bids must be submitted electronically. No bids shall be accepted in person, by U.S. Mail, by private courier service, via oral or email communication, telephone or fax transmission.

2.2. BID ERRORS

If a Bidder submits a bid with a price that is patently incorrect, such that a “reasonable person” would recognize the error, the Bidder shall be given the opportunity to withdraw the entire bid or only the incorrect line item in a bid. If the Bidder wishes to withdraw the entire bid or only a line item, the Bidder shall, within five working days of bid opening, state in a letter to the City the reason for the mistake and request that the City not consider the bid or line item for award.

2.3. SPECIFICATION ERRORS AND BULLETINS (AMENDMENTS)

If any alleged errors are noted in the bid specifications, bidder should immediately notify the City and, if confirmed, a bulletin shall be sent to all bidders. A copy of all bulletins issued shall be submitted electronically with the suppliers bid.

2.4. CLARIFICATION

The City reserves the right to request clarification of any bid before bid award.

2.5. QUALIFIED BIDDERS

All bidders must be merchants dealing in the goods and services on which they bid, and must be qualified to advise as to their application and use. Bidders warrant, and must be able, upon request, to demonstrate, that they possess the knowledge, experience, skill, capital, stock, charters, licenses, permits, patents and personnel necessary to satisfactorily perform the contract for which they submit bids.

2.6. PRE-PRINTED TERMS AND CONDITIONS

Bidder’s pre-printed Terms and Conditions or restrictions commonly appearing on the reverse side of letters submitted with the bid and/or bidder’s specifications material and contract documents shall be disregarded and have no effect.

2.7. APPLICATION ONLY

The submission of the PQMA Application will only afford your company, if ultimately approved, the opportunity to later bid on the award of specific projects as needs arise. The submission of the PQMA Application does not guarantee placement on the Prequalified Contract List, any award of future bids under the Prequalified Contract, or that any minimum amount of bids will be solicited by the City. The City reserves the right to reject all bids for a particular project when it is in the best interests of the City to do so.

2.8. FATAL BID ERRORS

The following errors shall be deemed fatal and render the bid void: Failure to sign the bid, or bond or both, If the signatures are those of unauthorized persons, or If there is no stated pricing. All other errors are waivable at the sole discretion of the City if such errors would not invalidate a fair and just competitive bidding procedure free of favoritism and fraud and a common standard for all bidders.

2.9. CONTRACT

By submitting a bid, the bidder warrants that if the City makes an award to the bidder, bidder shall, at the option of the City, enter into a written contract with the City. This contract shall consist of the terms and conditions set forth in the solicitation, specifications, and these General Conditions and Instructions to Bidders. If no bid bond or substitute is required and bidder fails or refuses to execute the required documents within thirty (30) days after award by City, bidder shall pay to the City the difference in the amount specified in bidder's bid and the amount City shall pay to fulfill the specifications.

2.10. ALTERATIONS/CORRECTIONS

Any alteration, erasure, addition to or omission of required information, change of the specifications or bidding schedule, is made at the risk of the prospective contractor and may result in the rejection of the bid, unless such changes are authorized by the specifications.

2.11. COLLUSION BETWEEN BIDDERS

If the City develops reason to believe that a single prospective Contractor is involved in the submission of more than one proposal for the same project, which is sufficient cause for rejection of all proposals in which collusion between bidders is suspected.

2.12. REJECTION OF BIDS

The City reserves the right to reject, for any reason, any or all bids if it is in the best interest(s) of the City to do so.

2.13. UNIQUE BIDS

Each bidder may only submit one (1) bid on behalf of the organization and all subsidiaries.

3. Scope of Work

3.1. SCOPE

Vendor hereby agrees to furnish labor, equipment, materials and services for Earth Excavation and Snow Removal, as described herein to the City of Pittsburgh at any location within the City of Pittsburgh.

3.2. PURPOSE

The intent of this contract is to provide the City of Pittsburgh with services described and specified herein upon Vendor’s receipt of an order from the City. This agreement will pre-qualify vendors and permit them to submit estimates for work. Contractors must be able to demonstrate their ability to perform work under this contract through references. Please include these references, even if it involves previous work with the City of Pittsburgh.

• Vendors must have suitable excavation equipment to include at a minimum one (1) backhoe and one (1) dump truck. Vendor must submit a list of equipment he has available (including relevant make, model, horsepower, capacity information) with contract documents.

• Bidders must have been providers of earth excavation and snow removal services for a minimum of five (5) years and must employ workmen qualified to perform the work specified herein and with a minimum of five (5) years related work experience.

• It is the intent of the City, under these specifications, to require the Vendor to furnish such services as may be ordered by properly authorized representatives of the City within the time frame given. If, after the order has been granted and the Vendor cannot furnish or deliver such services within the time frame given, the City reserves the right to award to the next lowest bidder for these services. The Vendor, at that time, may be declared in default of the contract and their contract may be cancelled.

• Vendor will not be penalized for delays in furnishing services which have been ordered when such delays are due to peril of navigation, acts of providence, fires, strikes and similar causes over which Vendor has no control, provided that in the event of such delay, Vendor immediately notifies City by most expeditious means, and confirms said notice in writing, so that City may make other arrangements for procuring the services ordered.

• All services shall be performed in a professional and business-like manner.

3.3. SUMMARY OF WORK

• Earth excavation and movement will be done to remediate slides, construct embankments, excavate for the construction of City facilities, provide rough grading, etc. Snow removal will be required to supplement City forces in the event of a major winter storm. Nothing in this contract will prevent the City from using its own work forces and equipment to provide these services

• The appropriate City Department shall provide documentation consisting of the scope of the work, drawings (if appropriate), and specifications describing the work of each intended project.

The contractor shall provide all tools, equipment, materials and services, including the management necessary to perform the work of each project in an efficient manner

• Properties. An Information Sheet for each location with applicable Specifications, detailing specific requirements of each job site will be provided with each job request.

• Snow Removal. An information Sheet will be provided to Vendor detailing the boundaries, street names or specific locations for snow removal

• All services will be performed at the job site designated by the City between the hours of 7:00 A.M. and 4:00 P.M. Monday through Friday unless authorized or instructed by the City to do otherwise. Vendor will comply with any special requirements necessary and peculiar to the specific job site, as described by the City and bid accordingly.

• Inability of tradesperson to provide satisfactory verification (i.e., employment history) of their experience and abilities shall be grounds for that tradesperson’s removal from participation in the work on City projects. Should the Contractor fail to remove said individual from City projects when so requested by the Director, the City reserves the right to immediately terminate this contract.

• The City of Pittsburgh reserves the right to inspect the available equipment to perform work under this contract of all bidders to determine the bidder’s ability to perform the services required. If, in the opinion of the user Department that may recommend the award, the lowest responsible bidder does not have proper equipment to service this contract, bidder may be subject to rejection.

• The City may conduct pre-bid meetings and/or job site visitations, coordinated by the Director of the Using Department or their designee. The City will instruct the successful bidder on a case-by-case basis as to the time when each location will be available for work. The Contractor will in no way interfere with the daily operations of any facility or event.

3.4. SAFETY AND CODE REQUIREMENTS

• All Contractors shall comply with standards and regulations of Public Law 91-596, "Safety and

Health Regulations for Construction", latest edition, Occupational Safety and Health Act of 1970.

• All Contractors will comply with Act No. 287 of the General Assembly, approved December 10, 1974, which defines the procedures for notification to public utilities prior to excavation, drilling or demolition work by use of powered equipment or explosives. For confirmation of utilities call 800- 242-1776.

• All Contractors shall comply with all federal, state and local codes, regulations and standards as appropriate including those in regard to environmental protection, of the public, and property, etc. Where codes, regulations, and standards are referred to herein, it shall be understood that such reference is to the current issue in effect at the date of the contract including all revisions and addenda, if any, and are hereby made part of this contract and at no additional expense to the City.

3.5. PERMIT

• The Contractor shall secure all necessary permits and licenses required for the performance of the contract and shall pay all legal fees and charges thereof. The City shall waive any fees and charges normally associated with issuance of City permits. All other fees for Non-City permits shall be included by the Contractor in the project proposal.

• The Contractor shall legally dispose of all waste associated with the work, off site, unless otherwise indicated by the Department Director. In such disposal cases, the Contractor shall secure all permits, pay all fees and produce documentation attesting to the legal disposal of such waste. Special disposal of toxic materials, debris or equipment must be specifically addressed in the proposal for each project.

3.6. BOND REQUIREMENTS

PERFORMANCE BOND

The City reserves the right to request a Performance Bond dependent upon the individual Project.

Detailed job specifications, descriptions, samples, and required delivery dates, etc. will be provided by the City of Pittsburgh as part of the request for quotation. Bid pricing submitted must be firm and will be received as an offer subject to the City’s acceptance as detailed herein. Proofs, blue-lines, etc. will be specified in the individual RFQ’s, if required. Bidder will furnish the necessary equipment, tools, materials, transportation and labor necessary. Contractor will not be reimbursed any amount beyond the quoted bid price.

3.7. BID PROCESS OVERVIEW

• Requests for quotations will be sent to interested vendors, by category. Detailed job specifications, descriptions, samples, and required delivery dates, etc. will be provided by the City of Pittsburgh as part of the request for quotation. Bid pricing submitted must be firm and will be received as an offer subject to the City’s acceptance as detailed herein. Proofs, blue-lines, etc. will be specified in the individual Work Order Solicitations, if required. Bidder will furnish the necessary equipment, tools, materials, transportation and labor necessary.

Contractor will not be reimbursed any amount beyond the quoted bid price.

• Upon request, vendor agrees to supply, via sealed bid, prices for the services requested. It shall be the vendor’s obligation to ensure completed pricing for the total job required and to return same to the Office of Management & Budget - Bureau of Procurement.

• Vendor also agrees that the prices quoted to the City, will not be later than three (3) working days after the request in order to be considered as an acceptable quote by the City, unless specified otherwise in the individual quote request.

• Pricing shall be inclusive of all costs necessary to furnish and deliver the work described. The City of Pittsburgh will pay only those charges specifically included in any Work Order Solicitation response. Where applicable and when requested all Unit Prices, Personnel, Markup and Equipment must be provided for each project bid, or, such bid may be subject to rejection.

• Use of subcontractors must be identified on each project estimate and approved by the Department Director. Such usage shall be permitted only where the subcontracted work is minor, a specialty trade, incidental to the total project, and/or more cost/time effective than other means available.

• The prices provided shall be free of all Federal, State and Local taxes; the City will provide State sales tax exemption form upon request.

• Orders for individual scopes of work will be placed by the City to the lowest responsible vendor providing pricing within the time period as specified in item (b) above, and meeting all terms and conditions of the specified job.

• All services performed shall be invoiced at prices quoted, in accordance with this contract, on the day following the completion of the service, with the authorization of the Director of the using department, or designee thereof.

• All bids for individual projects covered under this contract must be signed, in ink, by an officer, or, authorized representative of the company, or, said bid may be subject to rejection.

3.8. SERVICE SCHEDULE

• It is the intention of the City, under these specifications, to require the Vendor to furnish such services, as may be ordered by properly authorized representatives of the City within a specific number of calendar days which will be specified in each individual Scope of Work. If Vendor cannot furnish or deliver such services within said time period after the order has been given, City reserves the right to purchase the needed services from the next lowest bidder, or in the open market, and Vendor may be declared in default of the contract and contract may be cancelled.

• Vendor will not be penalized for delays in furnishing services which have been ordered when such delays are due to peril of navigation, acts of Providence, fires, strikes and similar causes over which Vendor has no control, provided that in the event of such delay, Vendor immediately notifies City by the most expeditious means, and confirms said notice in writing, so that City may make other arrangements for procuring the services ordered (a facsimile is acceptable for this notice).

• All services will be provided to the site designated by the City between the hours of 7:00 A.M.

and 4:00 P.M. Monday through Friday , unless otherwise authorized by the City. Vendor will comply with any special requirements necessary and peculiar to the specific job, as may be described by the City at the time of the price request or contained within the Job Specification Sheet. Bids shall be submitted accordingly.

• All services are to be performed in a professional and workmanlike manner and must comply with all industry standards as well as meeting the needs of the user department.

3.9. CASH DISCOUNT

Cash discounts offered by the vendor for prompt payment must be reflected in the bid prices submitted.

3.10. LIQUIDATED DAMAGES

Substantial and unreasonable delays in response times, estimated time, or non-adherence thereto shall constitute cause for the assessment of liquidated damages. Such damages shall be assessed at the rate of $250.00 per day or 2.5% of the estimated amount of the job awarded, whichever is greater, for every day of such substantial delay. Liquidated damages shall be deducted from payments due under this contract.

3.11. PQ List Application Process

APPLICATION

The City of Pittsburgh (“City”) invites you to apply to participate in a new Pre-Qualified (PQ) List (referred to herein as the “PQ List Agreement” or “Agreement”).

See attached file for details.

APPLICATION PACKET

The documents listed below combine to make up the Pre-Qualified List Application Packet (referred to herein as "PQ List Application Packet" or "Application Packet"):

• PQ List Application

• Certificate of Insurance o See example certificate with instructions o Insurance coverage must be maintained throughout the Agreement term, with the City provided an updated Certificate of Insurance as coverage periods are renewed.

• IRS Form W-9

• City-issued General Contractor License

• List of equipment owned (including relevant make, model, horsepower, capacity information)

Email the above to the City of Pittsburgh's Procurement Bureau at contracts@pittsburghpa.gov with email subject reference the PQMA Application Number by the application deadline.

The City will review completed application packets delivered to contracts@pittsburghpa.gov and let each applicant know whether their company is approved or denied to enter into a PQ List Agreement for Demolition Services.

APPROVED APPLICATIONS

A vendor will be added to the PQ List after its PQ List Agreement is fully executed, and remain on the list until it expires, unless determined during that period not to be a responsive and responsible bidder.

4. Equal Opportunity Review Commission Terms

4.1. MWE/DBE

The City of Pittsburgh is committed to the ideal of providing all citizens an equal opportunity to participate in City and its Authorities' contracting opportunities. It is therefore the City's goal to encourage increased participation of women and minority groups in all City contracts. The City requires that all respondents demonstrate good faith efforts to obtain the participation of Minority-Owned Business Enterprises (MBE's) and Women-Owned Business Enterprises (WBE's) in work to be performed under City contracts. The levels of MBE and WBE participation will be monitored by the City of Pittsburghs Equal Opportunity Review Commission (EORC). In order to ensure that there are opportunities for historically disadvantaged minority groups and women to participate on Covered Contracts, and consistent with the City's current equal employment opportunity practice and goals, the EORC will review contracts to include an evaluation of a developer/contractors employment of minority groups and women, encourage goals of eighteen (18) percent and seven (7) percent respectively.

4.2. Veteran-Owned Small Business

It is also the City's goal to encourage participation by veteran-owned small businesses in all contracts.

The City of Pittsburgh shall have an annual goal of not less than five (5) percent participation by veteran-owned small businesses in all contracts. The participation goal shall apply to the overall dollar amount expended with respect to the contracts. The City requires that all respondents demonstrate good faith efforts to obtain the participation of veteran-owned small business in work to be performed under City contracts. The levels of veteran-owned participation will be monitored by the City of Pittsburghs EORC.

4.3. Good Faith Commitment

In order to demonstrate good faith commitment to these goals, all respondents are required to complete and submit with their bids the attached MDE/WBE/Veteran-Owned Solicitation and Commitment Form (which details the efforts made by the respondents to obtain such participation).

Failure to submit a properly completed form along with documentation of Good Faith Commitment may result in rejection of the bid. Participants are encouraged to contact the Equal Opportunity Review Commission at 412-255-8804 to assist further. For further information, including definitions and additional requirements, please see Chapter 177A (Sections 177A.01 et. seq.) of the City Code and Section 161.40 of the City Code.

5. General Terms and Conditions

5.1. INVOICING TERMS

All invoices must contain the following information. The City of Pittsburgh will no longer accept "lump sum" invoicing:

• The City of Pittsburgh Purchase Order Number (e.g. 123456OC)

• The City Controller Number

• Pricing breakdown on the invoice is to align to the pricing listed on the contract

• For all Cost Plus Percent line items, you must list both the cost of the item and the price we are being charged on the invoice so we can ensure we are getting the contracted price.

• If you have labor hours, they should be separated from the cost of parts.

• The awarded supplier should provide proof of the cost of goods along with the invoice

5.2. DEFINITIONS

CITY: The City of Pittsburgh, a municipal corporation of the Commonwealth of Pennsylvania.

CONTRACTOR: The contracting party or parties, or such party or parties seeking to enter into a contract with the City of Pittsburgh, as the case may be, or the legal representatives of such party or parties.

5.3. EXECUTION OF BIDS

Bids are to be executed by the following persons:

CORPORATION – A corporate officer with authority to make binding agreements for the corporation.

If a bid is executed by any other person, a power of attorney, a copy of the bylaws, or a resolution of the Board of Directors documenting the authority of that person to sign the bid must accompany the bid.

The power of attorney, bylaw, or resolution must be certified by the Corporate Secretary as a true and correct copy, still in force as of the date of the execution of the contract.

PARTNERSHIP - At least one (1) of the partners.

SOLE PROPRIETORSHIP - The individual owner.

BUSINESS OPERATING UNDER A FICTITIOUS NAME - Entities operating a business under a Fictitious Name must execute the contract in the name of the entity trading and doing business as the Fictitious Name

5.4. BID BONDS

The Purchasing Officer may require, after consultation with supervisory personnel, that bids be accompanied by a cashier's check or money order, in an amount not exceeding five (5) percent of the bid, by a bond with corporate surety in an amount not exceeding five (5) percent of the amount bid, or by an irrevocable letter of credit in such form as previously approved by the County issued by a bank or other financial institution duly recognized and authorized to do business in the Commonwealth of Pennsylvania.

5.5. INSURANCE

A certificate evidencing the following minimum insurance must be provided when award is made, unless otherwise specified:

A. GENERAL LIABILITY Single limit of Bodily Injury and Property Damage Combined: $500,000.00 each occurrence. $1,000,000.00 aggregate.

B. CITY OF PITTSBURGH must be listed as "Additional Insured' on the insurance certificate on all policies except those in which no additional insured is permitted (e.g., some professional liability)

1. NOTE: The name(s) of the insured on the certificate must be the same as the name(s) of the Contractor listed on the bid document.

2. Insurance coverage must be an “OCCURRENCE POLICY". "Claims made” policies are unacceptable.

C. WORKERS’ COMPENSATION: STATUTORY LIMITS.

D. AUTOMOTIVE LIABILITY INSURANCE – MINIMUM REQUIREMENTS: $500,000 for each individual occurrence and $1,000,000 in aggregate coverage. This requirement may be explicitly waived by the City when appropriate. •PROFESSIONAL LIABILITY (required at City request): Coverage as shall protect the Supplier and any subcontractor performing work under the Contract, from claims errors and omissions which arise from operation of the Contract, whether such operations are performed by the Supplier, any subcontractor, or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 each occurrence/aggregate and $1,000,000 excess liability, each occurrence/aggregate.

Insurance must be maintained in full force and effect throughout the term of the contract. If insurance must be renewed during the term of the contract, the new certificate of insurance must be forwarded to:

Office of Management & Budget, Procurement

Room 502, City-County Building

414 Grant Street

Pittsburgh, PA 15219

Failure to provide and renew such insurance as required shall be deemed a material breach of contract and shall be a basis for immediate termination of this Contract and any related agreement. The insurance requirements of this provision shall be in addition to any other insurance requirements of this Contract.

5.6. PERFORMANCE AND/OR PAYMENT BONDS

The successful bidder may be required to furnish a performance and/or payment bond with suitable reasonable requirements guaranteeing performance of the contract, with sufficient surety in the amount of one hundred (100) percent of the amount of the contract, within thirty (30) days after the contract has been awarded, unless the Purchasing Officer shall prescribe a shorter period. Upon failure to furnish any required bond within such time, the previous award shall be void and the contract may be awarded to the next lowest responsible bidder meeting the specifications.

5.7. TAX STATUS OF CITY

The City of Pittsburgh is exempt from Federal excise taxes, transportation taxes and state sales taxes.

Therefore, bidder should not include any such taxes in its calculations or in the prices bid. Any sales tax invoiced to the City shall not be paid.

5.8. PAYMENT OF TAXES AND SET-OFF

Contractor warrants that any and all taxes or municipal claims that may be payable to the City of Pittsburgh by Contractor are current and not delinquent. If the City determined that there is an outstanding delinquency, that delinquency must be satisfied before a contract will be awarded to the delinquent Contractor. If any taxes or municipal claims become delinquent or owing during the term of this agreement or prior to final payment by City, Contractor hereby grants City the right to set-off that indebtedness against any amounts owing to contractor under the terms of this Contract and/or any associated agreement. If, at any time, the Contractor fails (or has failed) to enter into any contract awarded by the City, the City expressly reserves the right to recoup any and all costs associated with rebidding or re-awarding of any contract awarded to this Contractor to another Contractor. City reserves the right to apply set-off payments in whatever manner it deems appropriate.

5.9. FIRM PRICE BIDS

The City cannot allow escalation of prices during the contract term. All contracts are for fixed prices.

Such statements as "interest charges applied on accounts 30 days or older" or "prices subject to revision" are considered escalation clauses. Any reference in documents submitted with a bid indicating that the prices are not firm may be cause for rejection of the bid.

5.10. ANTI-DISCRIMINATION

Contractor shall not discriminate in its employment on the basis of race, color, religion, ancestry, national origin, place of birth, sex, age, disability, non-job related handicap, or sexual orientation.

Contractor shall comply with the applicable provisions of the Pittsburgh Code of Ordinances, Title Six - Conduct Article V Discrimination, and any amendments thereto. Contractor also shall comply with the applicable provisions of the Americans with Disabilities Act, any amendments thereto, and any regulations issued thereunder. Contractor shall incorporate in any subcontracts which may be permitted under the terms of the contract, a requirement that said subcontractors also comply with the provisions of this section.

5.11. CONTRACTOR TO BE QUALIFIED AND RESPONSIBLE

Before any agreement is awarded subsequent to the execution of this Contract, prospective Contractors must satisfy the City that they have the requisite organization, capital, plant, ability and experience to satisfactorily perform the work under this Contract in accordance with the terms and conditions herein and in conformity with the best modern practices and industry standards. Award shall be made to the lowest responsible bidder on an item by item or low total basis as the City determines is in its best interests. Bidders should be mindful that the lowest-priced bidder may not be the lowest responsible bidder. “Lowest responsible bidder” is defined in Pittsburgh’s City Code and via established case law.

5.12. PAYMENT UNDER AGREEMENT

It is the intent of the City to pay all invoices resulting from work performed under an agreement within forty-five (45) calendar days from invoicing. The City CANNOT pay any INTEREST CHARGES or LATE PAYMENT CHARGES. Any inclusion of such charges may disqualify the proposal from award consideration and/or will be disregarded by the City.

Invoices for payment must be received within thirty (30) calendar days of the completion of work or delivery. City reserves the right to reject, not pay, or reduce total compensation for all invoices that are submitted more than 30 days after delivery of goods or completion of services.

5.13. NOTICE OF AWARD

Regardless of any notification of award to any prospective Contractor, all bids remain open and acceptable by the City for ninety (90) days from the bid opening date. Nothing in this paragraph is to be considered a waiver of the City's rights against a prospective Contractor who fails to execute a contract once it is awarded.

5.14. COMPLIANCE WITH PENNSYLVANIA "RIGHT TO KNOW" LAW; SUPERFUND

The City of Pittsburgh is obligated to comply with the Pennsylvania Worker and Community Right to Know and Superfund Amendments and Reauthorization Act (“SARA”) Title III laws. Successful Contractors, where applicable, must submit a Material Safety Data Sheet (“MSDS”) for hazardous chemicals.

Submit all Material Safety Data Sheets to:

Office of Management & Budget, Procurement

Room 502, City-County Building

414 Grant Street

5.15. PRICE LISTS AND CATALOGUES

When price lists are required for a proposal, they are submitted with the bid for the sole purpose of providing an audit reference for the various items on the price list and the manufacturer's price for each item. Price list pricing, as the price list and pricing is stated in the contract, will remain firm for the duration of the contract regardless of manufacturers’ price list changes that may occur during the term of the contract, unless otherwise agreed in the contract. Any reference, which may appear on any price list, to any terms and conditions, such as F.O.B. shipping point or prices subject to change, will not be part of any contract with successful bidders and will be disregarded by the City. Any attempts to enforce such terms and conditions will be considered a material breach of the contract and may result in termination of the contract. Contractors agree to supply the using departments of the City with copies of additional catalogues and price lists as requested.

5.16. USE OF TRADE NAMES

Bidder agrees and warrants that whenever the bidder, in its Bid, describes goods by trade name, catalog number, or "as per sample", the goods so described conform to the specifications. The unauthorized use of any patented articles is done entirely at the risk of the successful bidder.

5.17. INDEMNIFICATION

Contractor hereby agrees to indemnify, save and hold harmless, and defend City, its officers, agents and employees from and against all liens, charges, claims, demands, losses costs, judgments liabilities, and damages of every kind and nature whatsoever, including court costs and attorney’s fees arising by reason of: the performance by Contractor of any services under this Contract; any act, error or omission of Contractor or of an agent, employee or licensee of Contractor or subcontractor of Contractor; and any breach by Contractor of any of the terms conditions or provisions of this Agreement.

5.18. CONTRACTOR THOROUGHLY INFORMED AS TO WORK

Contractor hereby affirms that s/he has read each and every clause in the advertisement, specifications and agreements relating to this work, and fully understands the meaning of each, and hereby agrees that s/he will comply with all the terms, covenants and agreements herein set forth; and that s/he fully understands the character of the work to be performed under this contract.

5.19. SETTLEMENT OF DISPUTES

It is expressly covenanted and agreed that in the event of a disagreement or controversy arising between the Contractor and the City as to the interpretation, specifications, or proper execution of this contract, or as to settlement thereunder, or in the event any disagreement, as to any dispute under this contract or the work involved, such dispute shall be brought immediately to the City’s attention in writing. The City shall decide upon the dispute and such decision shall be final and conclusive, as to all matters in controversy, without exception or appeal, and all right(s) of action at law, in equity or otherwise, under and by virtue of this contract are hereby expressly waived.

5.20. ASSIGNMENT; SUBCONTRACTING

Contractor shall not assign this contract or any right to monies to be paid hereunder without the written consent of City. None of the services covered by this contract shall be subcontracted without the prior written approval of City. It is further agreed that no subcontract, if consented to, shall under any circumstances relieve the Contractor of any liabilities and obligations under this Contract, and should any subcontractor fail to perform the work undertaken in a satisfactory manner, such subcontract must be terminated immediately and ended by the Contractor upon notice of the Director so to do. The successful bidder shall be responsible to require his sub-contractors to comply with all of the insurance requirements of this agreement.

5.21. HOME RULE CHARTER: LIABILITY OF CITY

This contract is subject to the provisions of the Pittsburgh Home Rule Charter; and the liability of City thereunder is limited to amounts authorized by Resolutions of Pittsburgh City Council.

5.22. PREVAILING WAGE ORDINANCE

The Contractor agrees that section 161.16(e) of the Pittsburgh Code of Ordinances, stating that the Contractor shall pay at least the applicable prevailing wages as shall have been determined by the City Controller pursuant to the City of Pittsburgh Service Worker Prevailing Wage Ordinance, Title I, Article VII, Section 161.38(I)(B), and as shall have been determined by the Secretary of Labor and Industry to the workers employed in the performance of any contract for public work subject to the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442), as amended August 9, 1963 (Act No. 342), and the regulations issued pursuant thereto, and all supplements and amendments thereto, shall be made a part of this agreement as fully as if attached hereto, and that s/he will comply in all respects with the provisions thereof, insofar as the same affects this contract.

5.23. ANTI-SWEATSHOP PROVISIONS

The Contractor certifies that none of their goods or products were made under sweatshop conditions as defined in § 161.02(e) of the City Code. If the City is presented with information that would lead the City to reasonably believe that the Contractor or its suppliers may be obtaining goods or products for sale, re-sale, lease or rental to the City that where made under sweatshop condition, upon request of the City, Contractor shall disclose information, data and materials reflecting Contractor’s practices as they pertain to the procurement and manufacturing of goods/products in compliance with the Anti-sweatshop provisions of Pittsburgh Code Section 160.02.

5.24. WORKERS COMPENSATION

Contractor hereby agrees to perform the work described in this Contract in accordance with the terms herein and further certifies that it has accepted the provisions of the Worker's Compensation and Occupational Disease Acts, as amended and supplemented, insofar as the work covered by this contract is concerned, and that it has insured its liability thereunder in accordance with the terms of the said Acts, as evidenced by the certificate of insurance it has caused to be attached hereto, or will file with the Director of the Office of Management and Budget before the execution of this Contract, a certificate of exemption form for insurance from the Bureau of Workmen’s Compensation of the Department of Labor and Industry.

5.25. COMPLIANCE WITH LAWS

Contractor shall fully obey and comply with all Federal, State and Local laws, statutes, ordinances, resolutions, and administrative regulations, which are or should be applicable to any work performed under this Contract. Contractor agrees to maintain throughout duration of the contact, all necessary city, county and state licenses and approvals as applicable (including required professional licenses and exams), and to immediately notify the City of Pittsburgh, Office of Management & Budget of any loss or changes of licenses and approvals.

5.26. GOVERNING LAW

The contract that is formed subject to these articles of Agreement will be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania.

5.27. DEBARMENT

Contractor warrants that it is not prohibited from entering into this Contract with the City by reason of disqualification under subsection (b) of Section 161.22 of the Pittsburgh Code. A document certifying compliance with this Section is attached hereto as an Exhibit and incorporated into and made a part of this Contract.

5.28. STATEMENT OF AFFILIATIONS

Contractor hereby files a Statement of Affiliations with the City, attached hereto as an Exhibit, in compliance with Section 197.08(c) of the Pittsburgh Code.

5.29. TERMINATION

In addition to any rights of termination set forth elsewhere in this Contract or any related agreement, the City may terminate this Contract at any time, without cause or liability, by giving Contractor thirty

(30) days advance written notice of its intention to terminate.

5.30. OPTION TO EXTEND

The City, reserves the right to extend this Contract for up to ninety (90) days after the indicated expiration date. This mechanism would be used in the event that a lapse in the current Contract occurs before a new contract can be established for the services required by the City. When applicable, an extension notice will be issued defining the exact extension of this Contract; all other terms and conditions of the current contract will remain in full force and effect.

5.31. NEW MATERIAL

Unless otherwise provided in the specifications, all goods to be supplied to the City shall be from new, unused, current stock.

5.32. ESTIMATED QUANTITIES

Unless otherwise provided in the specifications, any references in the specifications to quantities of goods or frequency of services to be provided to the City are estimates, and the City reserves the right to require the successful bidder to provide more or less than the estimated quantity or frequency, or to purchase none at all.

5.33. DELIVERY POINT AND TIME

Unless otherwise provided in the specifications, the goods and services to be delivered or provided shall be delivered to or provided at any place or places within Pittsburgh, Pennsylvania, which the City may designate. All deliveries are to be F.O.B. point of delivery. Unless otherwise provided in the specifications, the successful bidder shall provide all goods and services within thirty (30) days from the date of the City's request therefore.

5.34. FORCE MAJEURE

Neither Contractor nor the City shall be held responsible for losses resulting if the fulfillment of any terms or provisions of an award resulting from this Contract is delayed or prevented by unforeseeable causes including but not restricted to Acts of God, restraint of Government, or for any other causes which are unavoidable through the exercise of due care and beyond the control of the party who is to perform.

5.35. PIGGYBACKING

It is understood that the goods and services described in the specifications may be purchased by the City and any other municipal bodies as set forth in the specifications and bidder agrees to supply the goods and services to the municipal bodies on the same terms and conditions as if they were to be supplied to the City. To the extent that the municipal bodies purchase goods or services, then the municipal bodies, and not the City, shall be liable to the bidder.

5.36. NON-EXCLUSIVITY

The City reserves the right at its sole discretion to utilize other contracts (such as Commonwealth of Pennsylvania or County of Allegheny contracts) for the goods or services described herein. The City also reserves, at its sole discretion, the right to solicit separately any services that may be included in this agreement.

5.37. SAMPLES

A. By submitting a bid, the bidder agrees to deliver to the City, at the City’s request and at no cost to the City, samples of any or all items upon which the bidder bid. Said samples shall not be returned to the bidder. Inspection or testing by the City does not constitute a waiver of any claims or rights which the City otherwise would have with respect to the quality of goods or workmanship. City shall specify the quantity of samples. If bidder inadvertently provides an incorrect sample or otherwise wishes to exchange the submitted sample with a correct sample, the bidder shall provide a detailed written explanation to the City and have a legitimate reason for the exchange. The bidder shall have only one opportunity to perform such an exchange.

B. City, at its sole discretion, shall have the right to arrange for testing of samples to determine whether they are within bid specification. City shall indicate to bidder that it desires testing and advise which samples are to be tested and for what purpose. The following additional guidelines shall be followed:

1. Laboratoryesting facility used shall be pre-approved by City;

2. Suppliers shall be solely and fully responsible for the expenses of testing regardless of whether or not the tested sample(s) meets specification;

3. City and bidder shall immediately communicate upon City’s request for testing to determine which laboratoryesting facility shall be used, as well as the time frame in which tests are to be conducted and reported to City;

5.38. PRE-PRINTED TERMS AND CONDITIONS

Bidder’s pre-printed Terms and Conditions or restrictions commonly appearing on the reverse side of letters submitted with the bid and/or bidder’s specifications material and contract documents shall be disregarded and have no effect

5.39. STEEL PRODUCTS

In accordance with Act 3 of the 1978 General Assembly of the Commonwealth of Pennsylvania, approved March 3, 1978, if any steel products are to be used or supplied in the performance of the contract, only steel products produced in the United States of America, as defined therein, shall be used or supplied in the performance of the contract.

5.40. EXAMINATION OF FINANCIAL RECORDS

Contractor shall maintain books, program and financial records, documents and other evidence pertaining to costs and expenses related to this Agreement in such detail as will properly reflect all costs of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature for which City funding has been provided under the provisions of this Agreement. The Contractor shall maintain such books, records, documents and other materials in accordance with Generally Accepted Accounting Principles, where applicable. The Contractor shall provide access, during normal business hours, to such books, program and financial records, documents and other evidence upon request of the

Mayor, the City Controller, or their designees upon receipt of reasonable advance notice, either oral or written. Contractor’s books, records, program and financial records, documents and other evidence pertaining to services provided under this Agreement shall be preserved and made available for a period of three (3) years following the termination of this Agreement.