Ronald Hovey Procurement Commissioner Page 1

TRI AXLE TRUCK WITH 19CY DUMP BODY

B2626772

Issued by: City of Philadelphia Procurement Department Required by: Department of Fleet Services

Pre-Bid Meeting: Tuesday, July 28, 2026 Bid Opening Date: Wednesday, August 26, 2026 Bid Opening Time: 10:30 AM Philadelphia Local Time Location for Bid Opening: Held via Video Conference Buyer: Steven Weeks

Quotations must be submitted through PHLContracts no later than the above cited bid opening date and time.

Bid Questions

All questions concerning this Invitation and Bid (I&B) Solicitation, including specifications and conditions, must be presented through PHLContracts within the prescribed time stipulated in the I&B’s Questions Tab.

Bidder agrees to comply with all conditions of this bid.

Invitation and Bid

City of Philadelphia Procurement Department

Philadelphia, PA 19102-1685

Bid Number: B2626772 Page 2

Table of Contents

Section 1 General Bid Submission

1.1 Title

1.2 Contract Term:

1.3 Contract Type

1.4 Methodology of Acquisition:

1.5 Statement of Direction

1.6 Quotation Information

1.7 Bid Security

1.8 Bid Information

1.9 Bid Submission

1.10 Seller Qualification

1.11 Virtual Pre-Bid/Pre-Proposal Meeting

1.12 Site Inspection

Section 2 Specifications

2.1 Specifications

2.2 Warranty

2.3 Delivery Location

Section 3 Bid Evaluation and Award

3.1 Bid Evaluation

3.2 Evaluation and Award

Section 4 Contract Management

4.1 City of Philadelphia Responsibility

4.2 Vendor Responsibility

4.3 Price Increase or Decrease:

4.4 Vendor Acceptances:

Section 5 Pricing

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Section 1 General Bid Submission

1.1 Title: TRI AXLE TRUCK WITH 19CY DUMP BODY

1.2 Contract Term: Date of award through twelve (12) months (“Initial Term”), with an option to renew for up to four (4) additional one (1) year periods (“the Renewal Term”) exercisable, at the City’s sole discretion, as of the expiration of the Initial Term or the current Renewal Term.

The City may, at its sole discretion, renew the contract for up to three (3) months at the beginning of each renewal period(s) (the “Additional Performance Period”), if a decision has been made not to renew the contract for an entire year. Further, the City may, at its sole discretion renew the contract for up to three (3) months after all renewal periods have expired, in order to prevent a lapse in coverage until a new contract is in place.

1.2.1 The City shall exercise such sole option to renew the Contract Term by issuing a change order “Renewal Notice” through www.phlcontracts.phila.gov (“PHLContracts”) notifying the successful seller that the Contract is renewed for the Renewal Term or Additional Performance Period (identified by commencement and termination dates) that is specified in the Renewal Notice. The Contract shall be deemed to be renewed for such Renewal Term or Additional Performance Period, and successful seller shall be obligated to perform all terms and conditions of the Contract throughout such Renewal Term or Additional Performance Period, as of the effective date indicated on the City's Renewal Notice, whether or not successful seller has agreed, verbally or in writing, to such renewal of the Contract term.

1.2.2 If an individual Performance Bond and/or Payment Bond is required under this Invitation and Bid, such bond(s) shall be and remain in full force and effect throughout the Initial Term, all Renewal Terms, any Additional Performance Period, and the period of any unexpired warranty provided or required under the Contract, without notice of Contract renewal by the City to the surety or the consent of the surety thereto. It is the sole responsibility of the successful bidder to ensure that such bond(s) remain in full force and effect as provided in this Section, and failure to do so shall be an event of default pursuant to Paragraph 19, Default and Termination, of the attached SS&E Terms and Conditions of Bidding and Contract.

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1.3 Contract Type

1.3.1 Requirements Contract

The following items are required as ordered. Exact quantities cannot now be determined but estimates thereof are listed herein.

Quantities listed may be increased or decreased to meet the requirements of the City during the period of this contract. A minimum is not guaranteed. Purchase orders issued as a result of this bid will be for materials or services to be delivered generally on an as-needed basis. Successful seller(s) are cautioned not to deliver any materials or services without first being advised to do so by the ordering agency through a purchase order or other authorized document from the Procurement Department.

1.3.2 It is the intent of the Procurement Department to make an award for the period as stated above subject to the appropriation of funds in the succeeding fiscal year(s) by City Council. The City’s fiscal year is from July 1st to June 30th, inclusive.

Materials or services to be ordered after the end of the fiscal year are subject to the issuance of purchase orders for the following fiscal years. The City is not liable for the award involving following fiscal years' funds until such orders are issued.

The obligation to deliver on such purchase orders shall not take effect until the orders are issued.

To simplify the contract procedure, however, the successful seller(s) will be required to furnish an Individual Performance Bond or Performance Security Fee to cover units awarded to them.

1.4 Methodology of Acquisition: Purchase only.

1.5 Statement of Direction

It is the intent of the City of Philadelphia to make an award for Tri-Axle Dump Truck for the Department of Fleet Services City agencies and departments as specified herein during the contract period.

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1.6 Quotation Information

1.6.1 All information concerning this quote will be contained in this response document as issued or amended.

1.6.2 Information provided verbally by any City official shall not be binding, relevant, or in any way considered to be a commitment by the City. The City will provide, in writing, any clarifications, changes, and/or other information deemed to be necessary.

1.6.3 Any questions or concerns about this Bid Solicitation should be directed to the Procurement employee listed on the cover letter. Please address all questions to him/her prior to returning the document, so all questions may be addressed and answered.

1.7 Bid Security

In order to be eligible to sell Services, Supplies and Equipment, all vendors must be enrolled in the City's Annual Bid Security Program. The program covers the City’s fiscal year from July 1, 2026 – June 30, 2027. All sellers must pay the non-refundable Annual Bid Security Program fee of one hundred dollars ($100.00). The fee must be paid through the Revenue Department payment center at: https://www.phila.gov/make-a-payment/

Completed application should be submitted to: PHLcontracts@phila.gov

The fee should be submitted, under separate cover, to the attention of “FY27 Annual Bid Security Program” prior to the first opening date that the seller wants to submit a quote and be covered under the program. Enrollment and payment of the Annual Bid Security Program must be completed in order to be eligible for award in accordance with Paragraph 2 of the “Services, Supplies, and Equipment (SS&E) Terms and Conditions of Bidding and Contract”.

Fees can be paid by:

(a) Electronic check

(b) Credit or debit card, incurring an additional $2.25 processing fee

Please upload or note the payment confirmation to your bid response.

1.8 Bid Information

1.8.1 All information related to this bid will be contained in the Bid Solicitation as issued or amended in PHLContracts.

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1.8.2 Information provided verbally by any City official shall not be binding, relevant, or in any way considered to be a commitment by the City. The City will provide, in writing, any clarifications, changes, and/or other information deemed to be necessary.

1.9 Bid Submission

1.9.1 All quotes submitted to the City of Philadelphia must adhere to all bid submission requirements.

It is the seller's responsibility to ensure all bid submission requirements are met. Failure to adhere to these instructions may result in the quote being disqualified.

1.9.2 All quotes must be electronically submitted to PHLContracts by a seller with legal authority to bind the seller's Company as that authority is more fully described in the “Consent and Authorization Agreement,” which Company has completed, signed and submitted to the City at the time of vendor registration or as an attachment to the first submitted quote; in no event will the City accept a quote from seller unless City has received a duly completed and signed Consent and Authorization Agreement by the time of bid opening. The Contract shall not be legally binding upon the City of Philadelphia unless and until it is executed in accordance with Paragraph 13 of the attached Terms and Conditions.

1.9.3 Quotes to advertised sealed bids shall be submitted through PHLContracts and opened publicly at 10:30 AM Philadelphia local time via online video conference on the bid opening date.

1.9.4 Sellers must submit their electronic quote to the City of Philadelphia through PHLContracts no later than 10:30 AM on the date that the bid opens.

1.9.5 It is the seller's responsibility to ensure that the quote is submitted in a timely manner prior to the bid opening date and time in accordance with Paragraph 1 of attached Terms and Conditions. All quotes must be submitted electronically to the correct bid opportunity established for this Bid, through the PHLContracts online application process at: www.phlcontracts.phila.gov. Sellers who have failed to file complete applications through the PHLContracts online application process will not be considered for the contract. Be advised that the unavailability of timely help through our Customer Service will not extend an advertised deadline for electronic submission of your quote on PHLContracts. Please allow sufficient time prior to any application deadline for an adequate response to your inquiry or request for assistance.

1.9.6 Seller's quote should be complete and include all information required as described in the various sections of the bid solicitation, including but not limited to, specifications, Terms and Conditions of Bidding and Contract, pricing, and all amendments. All pricing must be completed as specified in the bid solicitation. Every submitted quote the seller must fully accept the terms and conditions contained in the bid solicitation. Failure to accept all of the terms and conditions is a matter of responsiveness in accordance with Paragraph 8 of the attached Terms and Conditions.

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1.9.7 Processing Fee

In addition to enrollment in the City's Annual Bid Security Program, sellers must pay, for each submitted quote, a non-refundable Bid Processing Fee of $25.00. Sellers can pay this fee electronically through the Revenue Department payment center at: https://www.phila.gov/make-a-payment/

Receipt of payment must be uploaded to the quote on PHLContracts.

Failure to submit the bid processing fee may result in the seller's disqualification from bidding.

In addition, if an award is made pursuant to the Bid Solicitation, any unpaid processing fees owed by the seller to the City must be paid prior to the City's release of any payments to the seller under the Contract.

1.9.8 Local Bidding Preference

In accordance with Chapter 17-109 of The Philadelphia Code relating to Local Bidding Preferences this bid may be subject to a local bid preference1. In order to determine eligibility to receive the preference, if applicable, the seller must be certified as a Local Business Entity (“LBE”) at the time of the bid opening.

Further, through submission of a quote in response to this bid, seller makes the following certification in connection with the grant of any local bidding preference which certification is incorporated into any contract resulting from this bid:

“Throughout the entirety of the contract, my company or my LBE certified subcontractor(s)2 will perform the majority of any work on the subject contract within the geographic limits of the City of Philadelphia and my company or my LBE certified subcontractor(s) will maintain within the City a majority of the inventory or equipment that will be used on the contract or the amount of inventory that is customary for that industry.”

If the Procurement Commissioner determines that the awarded seller fails to comply with its certification at any time during the term of its contract, the awarded seller's LBE certification will be revoked and the awarded seller shall be deemed in substantial breach of such contract, shall be required to pay liquidated damages as outlined in 4.2.5 and may be debarred by the

1 For applicable bids of One Million Dollars or less, the preference is ten percent (10%); for all other applicable bids the preference is five percent (5%).

2 If the Seller relies upon LBE subcontractor(s) to perform the majority of the work and maintain the majority of the inventory or equipment within the City, the subcontractor(s)’ LBE Certification Number and most recent annual affidavit of continuing eligibility must be submitted to the Procurement Department.

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Procurement Commissioner in accordance with the Procurement Department Debarment Regulation for a period up to three years.

To apply for Local Business Entity (LBE) certification, go to:

https://www.phila.gov/services/business-self-employment/bidding-on-a-city-contract/get-certified-as-a-local-business-entity/

Please provide sufficient time prior to bidding for the processing of the LBE application. The Procurement Commissioner reserves the right to request any additional or clarifying information at any time prior to the award of the contract, and during the performance of the contract.

1.9.11 Price List

A price list is not required for this bid.

1.9.12 Questions or Problems

In preparing the bid response, should any seller need clarification on the bid requirements, identify a discrepancy in the specifications, determine that a specified product has been discontinued or an alternate procedure is advised, etc.; then the seller is strongly encouraged to bring these issues to the attention of the Procurement Department prior to the bid opening by submitting questions on the Q&A tab of the applicable bid posted through PHLContracts.

Questions must be received no later than seven (7) calendar days prior to the scheduled opening date of the bid. The City reserves the right to only respond to those questions submitted prior to the stated deadline. The City will respond to questions it considers appropriate to this Bid Solicitation and of interest to all sellers, but reserves the right, in its discretion, not to respond to any question. The City reserves the right, in its discretion, to revise questions. No oral response to any seller question by any City employee or agent shall be binding on the City or in any way considered to be a commitment by the City.

If it is in the City's best interest to do so, the bid may be amended to reflect the proposed changes/modifications. Exceptions taken do not obligate the City to change the specifications.

The City of Philadelphia Procurement Department will post all amendments to the Bid on PHLContracts regarding any interpretations/changes made to specifications or instructions. The City will not accept responsibility for oral instructions, suggestions, or changes by any City agency.

Otherwise, the successful seller will have to provide the product or service exactly as defined in the Bid Solicitation including any and all specifications and requirements listed.

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1.9.13 FORMS TO BE RETURNED WITH BID:

Form #80-247B (one for each type of vehicle offered) is to be completed and uploaded with bid.

The Temporary Certificate shall be forwarded to the Department of Fleet Services, Attention:

Lance Wilus, 100 S. Broad St., 3rd floor, Philadelphia, PA l9l02.

Bidder shall state year, make, model, body model, manufacturer’s cutoff date, and delivery after receipt of order.

1.10 Seller Qualification

All sellers must be a bona fide manufacturer of, or dealer in, the article or service specified within the bid. To demonstrate this, sellers should submit the following reference information with their bid. References provided should be pertinent to the commodity or service requested in this Bid Solicitation; and demonstrate the seller's ability to perform on a contract of this size and scope.

Please note that reference information in each section must be completed. Failure to submit this information may result in the seller's disqualification.

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1.11 Virtual Pre-Bid/Pre-Proposal Meeting

Date: Tuesday, July 28, 2026 Time: 1:00 PM Location: Held via video conference

Mandatory Pre-Bid Meeting The purpose of this meeting is to respond to questions from prospective sellers. Sellers are encouraged to submit questions in writing at this time. All questions that materially impact upon the bid process will be answered, in writing, in a formal amendment issued by the City. Oral responses by City employees or their representatives are not binding and shall not in any way be a commitment by the City.

Attendance at this Pre-Bid Meeting is mandatory. Only sellers who attend the Pre-Bid Meeting and are subsequently qualified by the City will be eligible for award.

It is the seller’s responsibility to ensure that they arrive at the pre-bid meeting on time.

Sellers who arrive twenty minutes after the meeting has started may be denied entry to the meeting.

1.12 Site Inspection

A site inspection is not applicable to this bid.

Section 2

Specifications

2.1 Successful seller(s) shall be required to supply the City of Philadelphia’s Department of Fleet Services (DFS) Tri-Axle Dump Trucks as listed in the Items Tab of PHLContracts and this Invitation and Bid document.

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2.2 SPECIFIC REQUIREMENTS: All Items to be bid upon are in accordance with DFS Spec Code 25026TRIAXLEa.25, attached in PHLContracts. All items to be bid upon and their descriptions are listed in the Items Tab located in PHLContracts as well as the aforementioned DFS spec code. NOTE: Seller MUST submit at the time of bid submission the completed and signed DFS Spec Code 25026TRIAXLEa.25 sheet stating that they understand the DFS specification and agree to it. Seller MUST initial sections in DFS Spec Code 25026TRIAXLEa.25 that state "BIDDER INITIALS".

2.3 PRICING: In the Items Tab of B2626772, Seller(s) shall submit an Each (EA) price for all items listed.

Seller shall submit pricing on items indicated plus all options. Quoted prices must not contain more than three (3) decimal places.

2.4 Delivery Location

CONTACT PERSON: LANCE WILUS 215-686-1852

DEPARTMENT OF FLEET SERVICES

100 S. BROAD STREET, 3RD FLOOR

PHILADELPHIA, PA 19102

DELIVERY LOCATION: DEPARTMENT OF FLEET SERVICES

SHOP 415

3895-99 RICHMOND STREET

PHILADELPHIA, PA 19137

PHONE (215) 685 – 1232

All motor vehicles, which are furnished by the awarded vendor, must be manufactured in the United States, Canada or Mexico. Motor vehicles consist of passenger cars and trucks in accordance with 75 Pa. C.S. §102, known as the Vehicle Code. A motor vehicle is manufactured in the United States, Canada or Mexico if a substantial majority of the principal components are assembled into the final products in an assembly plant in the United States, Canada or Mexico.

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The awarded contractor shall be prepared to prove that the motor vehicles which will be or have been furnished to the City of Philadelphia are, or were, in fact, manufactured in the United States, Canada or Mexico in accordance with Sections 3731-3736 of the Commonwealth Procurement Code (62 Pa.C.S.§ §3731-3736, with applicability to the City of Philadelphia at 62Pa.C.S. §3102), known as the Motor Vehicle Procurement Act. No payment shall be made to the awarded contractor unless the City of Philadelphia is satisfied that the contractor has complied with these provisions and the Motor Vehicle Procurement Act.

Any payments made to the contractor, which should have not been made, shall be recoverable directly from the contractor. In addition to the withholding of payments, any person who willfully violates any of the provisions of the Motor Vehicle Procurement Act, may be prohibited by the City of Philadelphia from participation in contracts awarded by the City of Philadelphia for a period of three years from the date of the determination that a violation has occurred.

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Section 3 Bid Evaluation and Award

3.1 Bid Evaluation

3.1.1 Bids will be evaluated by the Procurement Department.

3.1.2 Bids will be evaluated for responsiveness to the bid specifications and the responsibility of the sellers.

3.1.3 Bids may be disqualified if they are deemed to be non-responsive without notice. All decisions regarding responsiveness are final and are not appealable.

A bid may be deemed non-responsive for any of the following:

(a) improper bid security

(b) improper bid execution

(c) incompleteness

(d) offering counter terms and conditions

3.1.4 Sellers whose bids are determined to be non-responsible for reasons of seller qualification shall be notified by the City of the reasons for the determination and may contest the finding of non-responsibility through the prescribed procedures described in paragraph 9 of “SS&E Terms and Conditions of Bidding and Contract”.

3.2 Evaluation and Award

3.2.1 This Invitation and Bid shall be awarded to the lowest responsive and responsible seller by manufacturer, plus options. All items for a manufacturer must be bid to be eligible for an award.

3.2.2 While the contract will be awarded to the lowest responsive and responsible seller as otherwise provided in this Invitation and Bid, the City aspires to purchase articles manufactured in the City of Philadelphia or in the Commonwealth of Pennsylvania.

3.2.3 Application of LBE Preference

In applying the 10% preference, if applicable, the bid price of the LBE will be multiplied by .90 and rounded to the second decimal place. In applying the 5% preference, if applicable, the bid price of the LBE will be multiplied by .95 and rounded to the second decimal place. The adjusted bid price of the LBE will then be used in determining the lowest responsive and responsible seller. If the bid is awarded as a whole or by section, the local bid preference may be applicable.

If the bid is awarded by line item, the local bid preference is not applicable.

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Unless the Procurement Commissioner determines to waive the preference for the reasons stated in subsection 7b. of the LBE Regulation, an LBE, whose bid is otherwise responsive and responsible and who has submitted the required information, shall be granted the applicable bid preference on competitive bid(s) awards that are awarded as a whole or by section.

3.2.4 Contingency

The contract award will be in the amount of the total amount bid for the items plus a 5% contingency amount to allow and provide for technological changes, improvements, or amplifications as a result of the pilot inspection, etc.

3.2.5 Performance Security

In this bid, Performance Security in the amount of $25.00 is required as outlined in paragraph 13 of “SS&E Terms and Conditions of Bidding and Contract”. Any applicable performance security shall be required for any subsequent renewal periods.

Fees are paid electronically through the Revenue Department payment center at:

https://www.phila.gov/make-a-payment/

Type of Fee Fee Amount Bid Processing Fee $25.00 Annual Master Bid Security Fee $100.00 Performance Security Fee $25.00

3.2.6 Required Disclosures

In accordance with Philadelphia Code Section 17-104, the successful seller, after award of the Contract, is required to disclose the following:

(a) Slavery Era Records. The seller will complete an affidavit certifying and representing that the seller (including any parent company, subsidiary, exclusive distributor or company affiliated with seller) has searched any and all records of the seller or any predecessor business entity regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era. The names of any slaves or slaveholders described in those records must be disclosed in the affidavit. The seller expressly understands and agrees that any false certification or representation in connection with this disclosure and/or any failure to comply with these requirements shall constitute a substantial breach of this Contract entitling the City to all rights and remedies provided in this Contract or otherwise available in law (including, but not limited to, Section 17-104 of The Philadelphia Code) or equity and the Contract will be deemed voidable. In addition, it is understood that false certification or representation is subject to prosecution under Title 18 Pa.C.S.A. Section 4904.

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(b) Female Executives and Board Members. The seller must provide the following information:

i. the current percentage of female executive officers in the company and the current percentage of females on the company's executive and full boards;

(c) Demographic Data Disclosures. The seller agrees to provide the following information before formally accepting the Contract:

i. Seller’s and each subcontractor’s prior years of experience performing on City contracts in any capacity during the five calendar years prior to the date of the opening of bids for the Contract;

ii. Demographic data on the workforce of the seller (race, ethnicity, gender identity, salary range, Philadelphia residence, and other categories that may be established by regulation), as of the Report Date (June 30th immediately preceding the date the bid is filed); and

iii. Demographic data on the board of the seller

The above disclosure requirements can be fulfilled via electronic form:

https://www.phila.gov/services/business-self-employment/bidding-on-a-city-contract/file-transparency-in-business-act-disclosure-forms/

For Sole Source contracts, the seller is subject to additional disclosure requirements established under Chapter 17-1400 of The Philadelphia Code.

The seller expressly understands and agrees that any false certification or representation in connection with this disclosure and/or any failure to comply with these requirements shall constitute a substantial breach of this Contract entitling the City to all rights and remedies provided in this Contract or otherwise available in law (including, but not limited to, the “City of Philadelphia Policy and Procedures for Debarment and Suspension of Vendors and Contractors”) or equity and the Contract will be deemed voidable. In addition, it is understood that false certification or representation is subject to prosecution under Title 18 Pa.C.S.A.

Section 4904.

3.2.7 Anti-discrimination and Equal Opportunity in Contracting

The City, acting through its Office of Economic Opportunity (“OEO”), works to ensure that all businesses desiring to do business with the City have an equal opportunity to compete under the City’s procurement process free from unlawful discrimination. In furtherance of this goal, the City will track the participation of small and local businesses at all tiers of City contracting.

In accordance with City requirements and all applicable law, seller agrees to comply with the City’s requirements for the collection, retention, and reporting of data relating to contracting at any tier, including subcontracts.

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Nothing in this Section shall be interpreted as (i) imposing mandatory quotas or percentages tied to protected group status, (ii) limiting the City's ability to periodically review, amend, or update its contracting policies consistent with applicable law and evolving policy objectives, or

(iii) limiting the City’s ability to issue additional guidance on the collection, retention, and reporting of contracting data pursuant to this Section.

Seller agrees that the City may, in its sole discretion, conduct periodic reviews to monitor seller’s compliance with the collection of data relating to contracting at any tier, including subcontracts.

Seller agrees that in the event the City determines that seller has failed to comply with any of the requirements of this Section, the City may exercise any rights and remedies it may have under this Contract which includes withholding payment, suspension or termination.

The City has no direct contractual relationship with any subcontractor, and the Contract does not give any subcontractor any legal rights or remedies pursuant to this Section except the rights or remedies such subcontractor may be entitled to under its contract with seller. The remedies outlined in this Contract are for the City’s benefit only. The failure of the City to enforce or the indulgence of any non-compliance with this Section shall not constitute a waiver of the City’s rights nor give rise to actions by any third parties, including subcontractors.

Seller hereby verifies that all information submitted to the City in connection with this Section is true and correct and is notified that the submission of false information is subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities, which may include payment of a fine of at least $1,000 and a term of imprisonment of not more than two

(2) years.”

3.2.8 Insurance:

Insurance is a requirement for this bid in accordance with Paragraph 15 of the “SS&E Terms and Conditions of Bidding and Contract”. No contract will be executed nor purchase order issued unless and until all required insurance certificates, in the required amount, are received.

All insurance must meet the following requirements:

Insured must be in the same name and address as the successful seller.

The insurance carrier must be rated “A” or better by AM Best.

The certificate holder must be the City of Philadelphia, and specifically named as an additional insured on the certificate in the "Description of Operations section".

Certificate must be signed by an authorized representative of the insurance company/carrier.

All certificates are to be uploaded to PHLContracts or sent to Proc.Contracts@phila.gov

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Section 4 Contract Management

4.1 City of Philadelphia Responsibility

4.1.1 Order Against Contracts

Upon contract conformance, purchase order(s) will be issued at such time that the product and/or service is needed and will show if delivery is to be made upon receipt of order, or only after notification by the using department.

(a) For Requirements contract types, products or services will be ordered and delivered on an as-needed basis during the contract term. A minimum quantity is not guaranteed.

(b) For Firm Limit contract types, products or services will be ordered and delivered at one-time in the quantity specified.

4.1.2 Invoices shall be submitted after delivery and acceptance of the product or service by the City.

The City makes all efforts to process invoices in a timely manner. Incomplete and/or inaccurate information may result in delays of invoice processing. Please make sure that invoices contain the following information to help the City process payments to the successful seller as quickly as possible.

(a) After the delivery or services have been completed the successful seller must submitthree (3) copies of the invoice for payment to the receiving department listed on thepurchase order.

(b) The invoice must correctly reference both the purchase order number and the awardedname, address and Federal Employer Identification number.

(c) Payments will only be made to the entity name as shown on the purchase order; the invoice must reflect this same entity name as the entity to “pay to”. For any bids awarded for work to begin on or after July 1, 2019, the City has instituted a policy of making all of its payments through electronic deposits into the awarded entity’s designated bank account. Before any City payments are made, the awarded entity will be required to supply the City with the information necessary for the City to initiate electronic payments by completing one of the electronic payment processing enrollment forms available on the City’s vendor portal at:

https://vendor-payments.phila.gov/login

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Applicants awarded a contract before July 1, 2019 are encouraged to complete one of the electronic payment processing enrollment forms before the conversion to electronic payments becomes mandatory. The City intends to stop issuing paper checks.

(d) The invoice must show the quantity; the item or type of service; and the price.

(e) The unit of purchase on the invoice must agree with the unit cited on the purchase order.

Reference to the specific line item is helpful.

4.1.3 The using agencies and departments are responsible for monitoring the services and/or products delivered as described in the contract. If any problems arise, a letter should be sent to the vendor requesting resolution by a specified date. A copy should be sent to the buyer. If vendor does not resolve the breach of contract by the requested date the matter should be turned over to the buyer.

4.1.4 Add-ons

The City reserves the right to add, delete and/or acquire products/services that the successful seller can supply that are similar to, but not specifically called for in this bid. The procedure for such acquisitions shall be as follows:

Procurement or the using department will obtain from the successful seller a letter (on his/her letterhead) verifying the items to be added. The letter shall include the complete description of the item, the location (if applicable), the bid number bid schedule number, the price to the City and the applicable contract period; and upon receipt and approval by the Procurement Department shall automatically become part of the contract. The City, however, reserves the right to accept or reject the letter and to acquire the supplies or materials in the open market.

4.2 Vendor Responsibility

4.2.1 The Contractor may deliver only vehicle(s) or equipment as authorized in the contract and only after receipt of a purchase order or other authorized document from the Procurement Department. All orders must be in writing. Contractor shall not accept verbal delivery requests until after receipt of a purchase order or other authorizing document from Procurement.

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4.2.2 Contractor may deliver only vehicle(s) or equipment at the prices quoted and the quantities reflected in the contract.

4.2.3 In the event that the contractor receives an order for vehicle(s) or equipment not specifically priced and incorporated into the contract, they must:

(i) bring this to the immediate attention of the Procurement Dept., and

(ii) notify the ordering agency in writing and refuse to deliver.

4.2.4 Delivery

Should vehicle(s) or equipment be delivered that are not specifically incorporated and priced into the contract and/or delivered without a purchase order, the City shall have no obligation to pay.

4.2.5 Liquidated Damages for Late Deliveries

These specifications shall be subject to the following contractual provisions:

(1) Time is an essential element of this agreement, and Seller agrees that deliveries of items in condition satisfactory to the Procurement Commissioner shall be completed as provided on the day(s)specified pursuant to the delivery schedule contained in specifications.

(2) For each and every day that a vehicle is late, in accordance with the delivery schedule, the Procurement Commissioner may deduct from the monies due or becoming due Seller the sum per day per undelivered vehicle specified in the bid as liquidated damages to compensate Buyer for its damages arising out of delay in delivery. The number of days of default shall be computed as including the day of default through to but not inclusive of the day when delivery is made. Provided, however, as to item delivered but rejected, the item shall be considered as non-delivered from the date on which the vendor is notified of rejection until the date the item is re-delivered.

(3) The term “vehicle” as used above shall refer to each vehicle, vehicle body, chassis, or other unit of equipment awarded to the bidder.

(4) Notwithstanding the above provisions, Seller shall not be liable for liquidated damages for delays in delivery caused by Acts of God, acts of public enemy, acts of government, quarantine restrictions and general strikes throughout the industry or freight embargoes not caused by or participated in by Seller.

(5) Resort to liquidated damages provision by Buyer shall not preclude by Buyer from resorting to other available remedies for subsequent or continuing breaches by Seller.

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(6) Liquidated damages will be in the amount of $75.00 per calendar day per vehicle that delivery of each vehicle exceeds the delivery schedule stated.

4.2.6 In the event that the successful seller receives an order for products, services or equipment not specifically priced and incorporated into the contract, they must:

(a) bring this to the immediate attention of the Procurement Department specialist noted on the cover page.

(b) notify the ordering agency in writing and refuse to deliver.

4.3 Escalation Price:

The successful seller shall provide TRI AXLE TRUCK WITH 19CY DUMP BODY at the prices set forth in PHL Contracts Items for a period of 12 months; thereafter, the contract may be renewed under the terms and conditions of this agreement at the sole option of the City on an annual basis for up to four (4) additional one (1) year period(s).

Vendor shall provide current model year vehicles at the prices set forth in bid. For subsequent model years, the vendor may increase or decrease the price at time of contract renewal, provided that;

Notice of any price changes by the Manufacture, shall be given in writing to Fleet Management, Procurement Department, Finance, and the Controller’s Office. This notice must be accompanied by the notice from the manufacture to the vendor showing the price changes. The City reserves the right to review the propriety of the price increase and cancel the contract at its discretion.

Notice of any price change in mid-year of contract, due to Government implemented tariff’s or emission requirements, the vendor must provide the documentation letters from the manufacture and Government.

Note: Price decreases may be forwarded to the Procurement Department buyer, in writing at any time during the contract period, to include any renewal period(s). Failure to notify the City within the time frame specified will result in a commensurate delay in implementing the price change.

4.3.1 At the conclusion of this contract, Contractor agrees to cooperate with any incoming vendor on a transition plan to ensure an orderly changeover of responsibilities.

Philadelphia, PA 19102-1685

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4.4 Vendor Acceptances:

In submitting an executed bid, the seller agrees to the contract management procedures in this section.

Section 5

Pricing

Unit pricing quoted in PHLContracts will prevail in case of any discrepancy between unit price and the extended amount and will be the determining factor in establishing the applicable contract amounts for the award.

Note: Prices quotes may not exceed three (3) decimal places.