Cantini_Mosaic_Reinstallation_(Addendum_#7_Revision).pdf

INVITATION FOR BID

2023-IFB-152

CANTINI MOSAIC REINSTALLATION

City of Pittsburgh

City-County Building

Pittsburgh, PA 15219

RELEASE DATE: June 9, 2023

DEADLINE FOR QUESTIONS: June 30, 2023

RESPONSE DEADLINE: August 15, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of Pittsburgh

INVITATION FOR BID

Cantini Mosaic Reinstallation

I. Introduction II. Instructions to Bidders

III. Equal Opportunity Review Commission Terms IV. General Terms and Conditions V. Construction Terms and Conditions

VI. Scope of Work VII. Vendor Questionnaire

VIII. Pricing Proposal

Attachments:

A - 2023_0511 Cantini Permit Drawings

B - 2023_0511 Cantini Permit Project Manual

C - Prevailing Wages Rates

D - Additional Requirements

E - Additional Requirements 2

Invitation for Bid #2023-IFB-152 Title: Cantini Mosaic Reinstallation

1. INTRODUCTION

1.1. Summary

The City of Pittsburgh Office of Management and Budget, on behalf of the Department of City Planning, is soliciting bids from qualified construction firms for general and electrical construction for the reinstallation of the Cantini Mosaic.

1.2. Background

The Cantini Mosaic is a public art installation created by Virgil Cantini in 1964 that was installed in a pedestrian underpass beneath Bigelow Boulevard near Chatham Street in Pittsburgh’s Central Business

District. It consists of twenty-eight (28) abstract sculptural mosaic panels, made of cast concrete and glass tiles. The panels were intentionally installed in a deliberate order and arrangement for people passing through in either direction. The art piece was commissioned by the Pittsburgh Urban

Redevelopment Authority specifically for the pedestrian underpass as a part of the Lower Hill

Redevelopment program.

In 2017, the City of Pittsburgh approved plans for the “Cap” Project, a new three-acre public space spanning a structure over a portion of the I-579 Crosstown Boulevard. The area affected by this project included the site of the Cantini Mosaic. Through the Section 106 of the National Historic Preservation

Act consultation process and after extensive consultation, it was determined that the effected Cantini

Mosaic was eligible for listing in the NRHP as a public works project of high artistic value.

In April 2019, the Mosaic panels were removed and placed into City storage and through consultation with project stakeholders the new location for the Mosaic panels was selected – Steel Plaza T-Station tunnel located on 6th Street in the City of Pittsburgh.

1.3. Contact Information

Clarisa Mejias-Shell

Sourcing Specialist

414 Grant Street

Pittsburgh, PA 15219

Email: clarisa.mejias-shell@pittsburghpa.gov

Phone: (412) 255-2422

Department:

City Planning

1.4. Timeline

Release Project Date June 9, 2023 mailto:clarisa.mejias-shell@pittsburghpa.gov tel:(412)255-2422

Pre-Bid Meeting (Non-Mandatory) June 20, 2023, 10:00am

Steel Plaza T-Station Tunnel

6th Street, Pittsburgh, PA

Question Submission Deadline June 30, 2023, 5:00pm

Bid Submission Deadline August 15, 2023, 2:00pm

Question Submission Method All questions shall be submitted via "Q&A" feature on OpenGov.

Bid Opening August 15, 2023, 3:00pm

Office of Management & Budget

Bureau of Procurement

414 Grant Street, Room 502

Bids will be publicly opened in the presence of a

Sourcing Specialist and a representative from the

Office of the Controller, or their designee.

Period of Contract One Time Project

2. INSTRUCTIONS TO BIDDERS

2.1. BID 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. SOLICITATION ONLY

This Invitation for Bid is a solicitation only and is not intended to be nor should it be construed to be an offer to enter into any contract or other agreement.

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. EQUAL OPPORTUNITY REVIEW COMMISSION TERMS

3.1. 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.

3.2. 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.

3.3. 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.

4. GENERAL TERMS AND CONDITIONS

4.1. 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 o 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 o 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

• Payment will be Net 45 days

4.2. 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.

4.3. 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

4.4. PERFORMANCE AND/OR PAYMENT BOND

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.

4.5. INSURANCE

General

• Contractor shall procure, and cause any contractor, and/or sub-contractor to procure, as more fully detailed herein, before the any on-site construction activity for the Cantini Mosaic

Reinstallation project has commenced, and maintain at its own cost and expense, during the require period under this Agreement, the types and amounts of insurance listed below with insurance companies authorized to operate in Pennsylvania and with insurance companies having a minimum A- rating as then stated by A.M. Best. Limits shall be primary and non-contributory. Evidence of coverage shall be provided on an annual basis and/or upon request of the City of Pittsburgh.

• Limits may be satisfied by any combination of primary and excess or umbrella per occurrence policies. In the event that the required limits must be satisfied by any combination of primary and excess or umbrella the policies shall provide drop down coverage and provide at least as broad of coverage as the underlying policies.

• Contractor shall be responsible for ensuring that sub-contractors timely submit and maintain evidence of required insurance to the City of Pittsburgh, and Contractor will address any deficiencies in such evidence of insurance during the term of the contract.

Worker's Compensation and Employer's Liability.

• Workers' Compensation - Statutory Limits

• Employer's Liability in an amount not less than:

$500,000 Each Accident

$500,000 Disease - Policy Limit

$500,000 Disease - Each Employee

Note:

(Coverage shall be provided in accordance with the laws of the Commonwealth of Pennsylvania and the laws of such other jurisdictions as may apply.

The contractor shall require, and hereby certifies, that each of its subcontractors maintains Workers’

Compensation Insurance in accordance herewith, and shall provide to the City of Pittsburgh written evidence of such coverage then in effect for each subcontractor upon the City of Pittsburgh’s request.

Commercial General Liability.

In an amount not less than:

$4,000,000 General Aggregate

$4,000,000 Products – Completed Operations Aggregate

$2,000,000 Each Occurrence

Notes:

Contractor shall maintain such Products and Completed Operations liability coverage for at least four (4) years after final payment.

Policy shall provide that “The City of Pittsburgh”, “Port Authority of Allegheny County”, “The Bank of

New York Mellon” and “CBRE, Inc.” each be named as an Additional Insured for Contractor's full limits of coverage on a primary and non-contributory basis, but in no case less than the limits specified. Policy shall be endorsed with a waiver of subrogation clause with respect to the City of Pittsburgh, Port

Authority, BNY Mellon and CBRE, and neither Contractor nor its insurer shall have any claim against the

City of Pittsburgh, Port Authority, BNY Mellon and/or CBRE to the extent the claim is or should have been covered by insurance.

Professional Liability.

In an amount of not less than:

$1,000,000 Each Claim

Policy shall provide coverage for legal liability for damages caused by an error, omission or negligent act in the performance of professional services.

The Policy retroactive date shall be effective to the date of the contract and the extended reporting period or policy renewal must provide that the Policy shall respond to claims made for at least twenty-four (24) months after final completion of the Work.

Approval.

Contractor shall not commence work under this contract until it has forwarded to the City of Pittsburgh, for review and approval, certificate(s) of the insurance required. The City of Pittsburgh shall be given a minimum of 30 days’ notice in the event of change or cancellation of any of the insurance required. The fact that the contractor has obtained the insurance required in this contract shall in no manner lessen nor affect contractor's other obligations set forth in any provision of the contract. The policies of insurance referenced above are not to contain any deductible or self-insured retention, as applicable to the City of Pittsburgh, PRT and/or BNY Mellon as an additional insured. In the event the insurance policies purchased by the contractor pursuant to the above insurance requirements contain any deductible or self-insured retention provisions, contractor shall provide the City of Pittsburgh with disclosure of said deductible or self-insurance retention prior to execution of the contract, which will be subject to the City of Pittsburgh’s approval. If the City of Pittsburgh approves any insurance policy that includes a deductible or self-insured retention, contractor shall be responsible for payment of any and all deductibles or self-insured retentions, whether owing from the named insured or the City of

Pittsburgh, PRT, and/or BNY Mellon as additional insureds, applicable to the policies of insurance referenced above. Contractor agrees to require all subcontractors, by written agreement as between contractor and subcontractor, that subcontractor will name the City of Pittsburgh, PRT, BNY Mellon and

CBRE as additional insureds, and provide a waiver of subrogation in favor of the City of Pittsburgh, PRT, BNY Mellon and CBRE as to all coverages required herein, excepting only coverages required for professional liability, if any.

Certificate Holders.

City of Pittsburgh, City-County Building, 414 Grant Street, Pittsburgh, PA 15219

Pittsburgh Regional Transit, 345 Sixth Avenue, Pittsburgh, PA 15222

The Bank of New York Mellon, One BNY Mellon Center, 500 Grant Street, Pittsburgh, Pennsylvania

15219

4.6. TAX STATUS OF CITY

TAX STATUS OF CITY: The City of Pittsburgh is exempt from Federal excise taxes and transportation taxes. Therefore, bidder should not include any such taxes in its calculations or in the prices bid. The City of Pittsburgh is exempt from state sales tax on certain construction materials and equipment; therefore the bidder awardee shall complete a separate itemized City-approved and provided form for estimated state sales tax to be collected on materials and equipment to be supplied. Contractor's final bid price shall exclude the cost of any sales tax for exempted materials. Any sales tax costs included in the bid price that are subsequently exempted or could have been exempted shall be remitted to the City of

Pittsburgh by the bidder.

4.7. 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.

4.8. 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.

4.9. 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.

4.10. 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.

4.11. 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.

4.12. 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.

4.13. 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

4.14. 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.

4.15. 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.

4.16. INDEMNIFICATION

Subject to applicable law, the Contractor, for itself, its officers, members, employees, agents, consultants, contractors, subcontractors, and assigns, shall indemnify, defend, and hold harmless the

City of Pittsburgh, PRT and/or BNY Mellon, their respective officers, members, employees, agents, consultants, contractors, subcontractors, successors and assigns, from and against any losses, costs, liability or damage (including reasonable attorneys’ fees), claimed against, suffered or incurred by the

City of Pittsburgh, PRT, and/or BNY Mellon, their respective officers, members, employees, successors and assigns, as a result of or arising in connection with the Cantini Mosaic Reinstallation project, the

Cantini Mosaic being installed on the Property. The Contractor shall also require its agents, contractors and subcontractors to provide indemnification to the City of Pittsburgh, PRT, and/or BNY Mellon, and provide written evidence of same to the City of Pittsburgh, PRT, and/or BNY Mellon, consistent with the indemnification requirements of this indemnification provision. This indemnification provision applies regardless of whether or not it is claimed that the Contractor and/or its contractors or subcontractors are independently negligent, or jointly negligent with the City of Pittsburgh, PRT, and/or BNY Mellon.

This indemnification provision further applies to any claims brought by any employee, contractor, subcontractor, or employee of the Contractor, or any designated contractor(s) or subcontractor(s), and the Contractor expressly waives, and will cause its contractors and their subcontractors to waive, protections afforded under the Pennsylvania Workers’ Compensation Act as is necessary to comply with its responsibilities under this indemnity provision.

4.17. 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.

4.18. 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.

4.19. 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.

4.20. 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.

4.21. 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.

4.22. 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.

4.23. 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.

4.24. 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.

4.25. 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.

4.26. 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.

4.27. 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.

4.28. 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.

4.29. 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.

4.30. NEW MATERIAL

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

4.31. 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.

4.32. 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.

4.33. 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.

4.34. 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.

4.35. 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.

4.36. 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;

4.37. 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

4.38. 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.

4.39. 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. The Mayor, the City Controller, or their designees may audit, examine, review, photocopy, and/or make excerpts or transcripts of any of

Contractor’s books, records, program and financial records, documents and other evidence. Any deficiencies noted in any audit reports or otherwise must be fully resolved by the Contractor, to the

City’s sole satisfaction, within thirty (30) days after the Contractor’s receipt of written notice of such deficiencies. Failure of the Contractor to comply with the provisions set forth in this paragraph may constitute a violation of this Agreement and, at the City’s sole discretion, may result in the City withholding future payments.

4.40. AUTHORIZATION

This Agreement is entered into by the City of Pittsburgh pursuant to City Code § 161.01A and subsequent authorizing resolution.

5. CONSTRUCTION TERMS AND CONDITIONS

5.1. INVOICING TERMS

The Contractor will also be responsible for submitting a complete breakdown of subcontracting costs together with all subcontractors documentation (i.e., labor invoices, material invoices, equipment rental, etc.). Invoices shall be submitted directly to the Department initiating the project and should be submitted not more than once a month. Contractor will be responsible to follow the user Department's invoicing procedures. Payment to the Contractor will be based on the City Inspector's daily labor and material logs.

City Business Privilege Tax is the Contractor's and Sub-Contractors responsibility and as such is not a reimbursable item on Contractor's or Sub-Contractors billing.

PA State taxes paid by the Contractor on material purchases or equipment rentals are reimbursable if included on third party invoices submitted.

Off-site fabrication time may be allowed, if approved by the Director and is included in the proposal. City

Inspector shall be permitted to verify off-site fabrication as deemed appropriate.

A Final project invoice MUST be submitted within 45 days after the completion of the work on each project. Failure to submit the required product warranties, operation manuals, and maintenance manuals may delay final payment. When submitting the Final project invoice, the Contractor shall state therein that payment of said invoice constitutes full and complete payment of all monies owed and billable on said project. Any exception to this should be so noted and tallied on the Final invoice. After receipt and processing of the Final project invoice, the City will not entertain any additional cost for that particular project and will consider the project closed.

Worksheets must be provided on all T&M and unit price projects prior to payment. Travel time is not a compensatory item.

Personnel reporting, as directed, to the job site and work being cancelled because of inclement weather, breakdown, or any other just cause, as determined by the City of Pittsburgh, shall receive two hours report time; Personnel working two hours but less than four shall receive four hours compensation;

Personnel working four hours but less than six shall receive six hours compensation; personnel working six hours but less than eight hours shall be compensated for eight hours. These terms apply only to trades people (not superintendents, project managers, etc.) and only when such cancellation is so directed by the City of Pittsburgh. Work cancellation resulting from negligence on the parts of the

Contractor will not receive compensation.

Principals, project managers, estimators, expeditors, clerical and all other office personnel shall be considered Overhead. Time spent in preparation of an estimate for each project shall be considered

Overhead. Time spent preparing and securing permits, drawings required thereof, shop drawings, submittals, schedules, reports and invoices shall also be considered Overhead costs.

Superintendents field time must be verified by Inspectors logbook entries. Only the Superintendents actual time spent on the job site will be compensated to the nearest 1/4 hour. Superintendents travel time and office time will be considered overhead costs. A Superintendent shall be defined as an individual overseeing several jobs with several foremen reporting to him.

Hauling or delivery of personnel, materials, supplies, or equipment to/from/within the job site(s) is not to be considered as billable hours. Travel time for personnel to/from/within the job site(s) is also not to be considered as billable hours. Time charged for picking-up unexpected material needs, etc., will be compensated at the lowest trade rate bid and only with prior approval of the Directors representative.

Use of rental facilities, as applicable, must be identified on each project estimate and approved by the

Director. Costs incurred by Contractor for temporary facility rental (ex: bulk storage, oversize storage, etc.) including associated utility costs (if assessed), etc. shall be reimbursed at cost. Receipts will be required.

If any rental equipment is needed, it must be pre-approved by the Director. Costs incurred by Contractor for approved rentals shall be reimbursed at cost with no markup. Receipts will be required for payment.

5.2. INITIATING THE WORK

The procedure for initiating work shall be as follows:

A. The Director or designee shall describe the work for each intended project and request that

Contractor submit a not to-exceed cost proposal using the rates and unit prices established in the original bid as well as any other costs associated with the completion of the work. The

Contractor shall follow the requested format for the submission of each proposal as enumerated in the written cost proposal. Each proposal must include a signed written estimate and shall be submitted within seven (7) days of the request unless noted otherwise.

B. Such estimates must be in a format acceptable to the City of Pittsburgh and should include approximate start and finish dates, cost breakdowns for labor, material and equipment, (including truck time, when applicable), a schedule of values with a total cost for the project as per City supplied construction documents, a list of shop drawings (to be supplied as required by the project), a list of subcontractors and/or suppliers (when applies) together with a copy of their proposal(s) including breakdowns, and any other data which may be pertinent and requested. On projects estimated to cost-over $10,000 a minimum of two (2) sub-contractor and supplier proposals must be submitted for review and approval. On large projects, a construction schedule with periodic updates may be required to be provided by Contractor at no additional cost.

C. Time is of the essence for the contract and for any executed proposals under the contract. Non-adherence to the stipulated start and completion dates or failure to supply requested documentation in a timely manner for the proper progress of the work may be cause for immediate cancellation of this contract in addition to any other remedies available to the City by contract or law.

D. The Director shall accept the Contractor’s cost proposal by providing a Letter of Acceptance

(LOA).The LOA shall specifically accept the Not-To-Exceed-Amount (NTEA) for each project listed in the proposal. The final cost of each completed project may not exceed the NTEA listed in the

LOA. Only the Director of the User Department may, in writing to the Contractor, increase the

NTEA through the Pending Change Notice (PCN) process or change order, subject to legislative appropriation if applicable.

E. Unless otherwise directed in the LOA, the Contractor must begin work within ten (10) calendar days after the notice to-proceed is provided in the LOA and shall perform the work in accordance with the Director's orders and instructions.

5.3. COORDINATION WITH OTHERS

This Contractor shall cooperate with all other entities involved in the project including the Owner in the scheduling of the work such that Contractor’s work does not delay or interfere with the work of any other entity. It will be the Contractor's responsibility to coordinate the schedule for the work with other primes and subcontractors and provide input to general contractors for preparation, periodical update, and distribution of a master schedule for each project, if required, at no additional cost. The master schedule shall include the work of all other primes and subcontractors participating in the work.

5.4. PERMITS

A. The Contractor shall secure all necessary permits and licenses required for the performance of the contract and shall pay all fees, charges, and expenses arising therefrom thereof. The City shall waive any fees and charges normally associated with issuance of City permits. All other fees for non-City permits must be included by the Contractor in the proposal to be considered by the City.

B. The Contractor shall be responsible for removal and disposal of all waste associated with the work to an off-site location, unless otherwise indicated by the Director. When required to dispose of any waste, the Contractor shall secure all permits, pay all fees and produce documentation attesting to the legal and safe disposal of such waste. Special disposal requirements or costs of toxic materials, debris or equipment must be specifically addressed by the Contractor in the proposal for each project in order to be considered by the City.

5.5. SAFETY AND CODE REQUIREMENTS

A. 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.

B. 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.

C. 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.

5.6. EMERGENCY WORK

The Contractor must have the ability to perform emergency work on-site within a four hour period of notice.. The Contractor must have twenty-four (24) hours a day in-person accessibility (Answering service, or Machine and paging capability). The Contractor must also have a fax machine in operation by time of contract commencement. The Contractor must also have the ability to respond to requests by the City within a 24 hour period, unless other arrangements are approved. Non-adherence to this clause may be cause for cancellation of contract or any other remedies provided to the City by contract or law.

5.7. CONSTRUCTION DOCUMENTS: DRAWINGS AND TECHNICAL

SPECIFICATIONS

A. The Contractor will be required to comply with all drawings and technical specifications, which may be associated with each particular project. Failure to comply may result in delay of payments, back-charging for corrective remedial work, cancellation of the contract, or any other remedies provided to the City by contract or law.

B. On certain large and/or complex projects, the contractor may be required to provide shop drawings and catalogue cuts of the proposed equipment and/or assemblies.