Environmental_Services_Employee_Uniforms_(Addendum_#8_Revision).pdf

INVITATION FOR BID

2024-IFB-005

ENVIRONMENTAL SERVICES EMPLOYEE UNIFORMS

City of Pittsburgh

City-County Building

Pittsburgh, PA 15219

RELEASE DATE: February 19, 2024

DEADLINE FOR QUESTIONS: March 11, 2024

RESPONSE DEADLINE: April 8, 2024, 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

Environmental Services Employee Uniforms

I. Introduction

II. BID TERMS AND CONDITIONS

III. Scope of Work IV. Vendor Questionnaire

V. CONTRACT TERMS AND CONDITIONS

VI. Pricing Proposal

Invitation for Bid #2024-IFB-005 Title: Environmental Services Employee Uniforms

1. Introduction

1.1. Summary

The City of Pittsburgh Office of Management and Budget, on behalf of the Department of Public Works, is soliciting bids for Environmental Services Employee Uniforms.

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

Release Project Date February 19, 2024

Pre-Bid Meeting (Non-Mandatory) March 4, 2024, 10:00am

This meeting will also be held via Microsoft Teams.

Please use the RSVP Manager to sign up for the meeting- you will be sent the Teams Link the morning of the meeting.

Question Submission Deadline March 11, 2024, 3:00pm

Bid Submission Deadline April 8, 2024, 2:00pm

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

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

Bid Opening April 8, 2024, 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 April 1, 2024 through March 31, 2026 with two, one-year options to renew.

2. BID TERMS AND CONDITIONS

2.1. Definitions

The following definitions apply in the Contract. Whenever the context may require, any pronouns used herein include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns include the plural, and vice versa.

Advertisement: This Invitation for Bid document including all terms and conditions.

Award: The City's written acceptance of a Bid as from the lowest responsible Bidder.

Bid: Offer of a Bidder returned in response to the Advertisement.

Bidder: Any individual, firm, partnership, corporation, or joint venture, including all subsidiaries, submitting a Bid to the Advertisement.

City: The City of Pittsburgh including its departments and subdivisions.

Confidential Information: Any information that must be kept confidential by Bidder or Contractor.

Contract: The written agreement between the City and Contractor for Work in the Advertisement which incorporates, Advertisement, Specifications and all of the City’s terms and conditions included therein.

Contractor: The awarded Bidder who has entered into the Contract with the City.

Director: The City department director or designee designated by the Office to administer the Contract.

Drawings: Graphic and pictorial portions of the Work showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.

Guarantee: Bonded assurance that Bidder will, upon Award, execute a Contract with all required bonds and insurance certificates within the timeframe required by the Advertisement.

Invoice: Request of payment by Contractor.

Office: The City Office of Management and Budget.

Opening: Date of Bid Opening listed in the Advertisement.

Project: The product toward which the Work is performed under the Contract.

Question Submission Deadline: Question submission deadline listed in the Advertisement.

Site: Area designated or to be designated under the Advertisement or the Contract where Contractor is to perform the Work.

Specifications: Directions, provisions, and requirements contained, or referenced, in the Advertisement or as designated under the Contract prescribing the requirements for performing the Work, or to the quantities and qualities of materials to be furnished or incorporated into the Work.

Work: All operations, materials, equipment, and labor required to complete the Project sought in the

Advertisement.

2.2. SUBMISSION OF BID

A. Bidder agrees that by submitting a Bid to the Advertisement, Bidder expressly agrees to abide and be bound by all terms and conditions herein.

B. The Advertisement is a solicitation setting terms and conditions for Bid submissions only and is not by itself an offer to enter into a Contract for Work.

C. All Bids must be submitted electronically in a form provided by the City. No Bids will be accepted in person, by U.S. Mail, by private courier service, via oral or email communication, telephone or fax transmission.

D. A Bidder may only submit one (1) Bid in response to an Advertisement for Work.

2.3. 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 Bid.

PARTNERSHIP - At least one (1) of the partners and in the case of limited partnership at least one (1) general partner.

SOLE PROPRIETORSHIP - The individual owner.

BUSINESS OPERATING UNDER A FICTITIOUS NAME - Entities operating a business under a fictitious name must execute the Bid and Contract in the name of the entity trading and doing business as the fictitious name

2.4. BID MODIFICATIONS AND WITHDRAWAL

Bidder waives any right to modify or withdraw a submitted Bid, except as specifically provided herein.

A. Prior to Opening, Bidders will be permitted to withdraw a submitted Bid if Bidder electronically withdraws the Bid prior to Opening. A Bidder will be permitted to modify a submitted Bid if

Bidder withdraws its Bid and submits the modified Bid prior to the Bid Submission deadline.

B. After Opening, Bidder may not withdraw a submitted Bid unless Bidder provides a written request within three (3) business days of Opening, and the City finds that Bidder’s request presents credible evidence of an unintentional arithmetical error or an unintentional omission of a substantial quantity of Work, labor, material, or services made directly in the compilation of the Bid. Errors in Bidder’s judgment or general market volatility do not constitute the errors and omissions eligible for withdrawal hereunder.

2.5. REPORTING ADVERTISEMENT SPECIFICATION ERRORS

If Bidder identifies an alleged error in the Advertisement Specifications, Bidder must immediately email the Office contact identified in 1.2 above a description of the error. If an error is confirmed by the City, a bulletin will be sent to all Bidders.

2.6. CLARIFICATION

The City reserves the right to request clarification on any Bidder’s Bid prior to Award. Bidder must provide written clarification and any requested documentation to the City within five (5) business days of the request, or by an earlier deadline conveyed by the City if so designated.

2.7. BIDDER EXAMINATION OF DOCUMENTS AND WORK SITE

A. Bidder warrants that Bidder has carefully examined the Advertisement, Specifications, and Site before submitting a Bid. The submission of a Bid will be considered proof that Bidder has made such examination and fully understands the conditions to be encountered; the character, quality, and quantities of Work to be performed; the material to be furnished; and the requirements of the Advertisement, Specifications, and Site.

B. Bidder’s Bid must be inclusive of all costs arising from the Work in the Advertisement including but not limited to fees for non-City permits or special disposal requirements or costs of toxic materials, debris, or equipment. Expenses for foreseeable costs not listed in the Bid are borne by Contractor.

2.8. QUALIFIED AND RESPONSIBLE BIDDER

A. Bidders warrant that they and any proposed subcontractors are merchants dealing in the goods and Work described in the Advertisement, and that they and any proposed subcontractors are qualified and able to immediately perform all Work within the deadlines established in the

Advertisement. Bidders must be able, upon request, to demonstrate, that they and any proposed subcontractors possess the organization, plant, ability, knowledge, experience, skill, capital, stock, charters, licenses, permits, patents, and personnel necessary to satisfactorily perform all Work in accordance with the Advertisement and in conformity with the best modern practices and industry standards. Bidder must provide a written response evidencing such qualifications within three (3) business days of the City’s request.

B. Award will 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. Bidder understands that the lowest-priced Bidder may not be the lowest responsible Bidder and that the lowest-priced Bid does not entitle a Bidder to

Award.

Bidder agrees that upon notice by the City of an Award, Bidder must within ten (10) business days after receipt of the City’s agreement enter into a Contract with the City. If Bidder fails, refuses, or neglects to return an executed Contract, all required bonds, and all required insurance certificates, in such time; the amount of Guarantee will be forfeited and retained by the City as liquidated damages for such neglect, refusal or failure. Further, the City expressly reserves the right to recoup any and all actual costs associated with re-advertising or re-Award of the Contract that are not otherwise recovered through the

Guarantee.

2.9. NOTICE OF AWARD

Regardless of any notification of Award to any Bidder, all Bids are potentially acceptable by the City for ninety (90) calendar days from the Opening. Nothing in this paragraph is to be considered a waiver of the City's rights against a Bidder who fails to execute a Contract after receiving notification of an Award.

2.10. BID PROTEST

Bidder understands and agrees that any protest arising from an Award can be made only in accordance with the City Code of Ordinances, including Section 161.02(g), and the applicable regulations and policies of the Office.

2.11. DISQUALIFICATION AND REJECTION OF BIDS

A. The City may disqualify a Bidder and reject any Bids if the City deems such Bidder to not be the lowest responsible bidder for reasons including, but not limited to:

1. submittal of more than one (1) Bid for the same Work from an individual, a firm, a partnership, an association, a subsidiary, an affiliate, or a corporation under the same or different name;

2. any evidence of collusion among Bidders;

3. any evidence of disclosure of Confidential Information;

4. lack of competency, adequate machinery, plant, or other equipment;

5. inability, in the sole judgment of the City, to promptly complete the Project, because of uncompleted Work;

6. failure to pay, or satisfactorily settle, all bills due for material furnished, for labor supplied or performed, for rental of equipment used, or for services rendered by public utilities;

7. failure to comply with any terms or conditions in the Advertisement;

8. judgment of default under a previous agreement;

9. Contractor currently debarred by Federal, State, or City government;

10. material or intentional failure to comply with terms, Drawings, or Specifications on a previous agreement; or

11. material or intentional failure to adequately maintain safety during performance of a previous agreement.

B. 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 at the City’s sole discretion, to do so. In addition:

1. Bids will be rejected for any of the following reasons:

a. failure to submit the Bid electronically;

b. failure to properly sign the Bid, bond, or any other required documents as specified in the Advertisement;

c. if the signatures are those of unauthorized persons,

d. failure to include a price for each item in the Advertisement; or

e. failure to include individual pricing and identified subcontractors for any work to be subcontracted,

f. Failure to submit a MDE/WBE/Veteran-Owned Solicitation and Commitment Form as required in the Advertisement.

2. Bids may be rejected for errors including, but not limited to, the following reasons:

a. part of the Bid is omitted;

b. the Bid contains omission(s) or alteration(s), addition(s) not specified, or deviation(s) of any other kind;

c. the Bid is materially unbalanced;

d. Bidder provides different Bid prices for an identical item number and description;

e. failure to properly execute, approve, and return the Contract, together with the required disclosures, Surety Bonds, and the Insurance Certificate(s), as specified in the

Advertisement; or

f. failure to comply with any other term or condition of the Advertisement, as determined by the City.

2.12. UNAUTHORIZED ALTERATIONS

Any alteration, erasure, addition to, or omission of required information, change of the Specifications, or any schedule by Bidder is not permitted unless such changes are authorized by the Advertisement.

2.13. INTEREST OR LATE PAYMENT CHARGES

Bidder understands and agrees to strictly follow and comply with all City terms and conditions regarding invoicing and payment. Any conditions included in a Bid regarding invoicing or payment, such as interest requirements or late payment charges are void and without any effect.

2.14. BIDDER TERMS AND CONDITIONS VOID

Bidder’s terms or conditions included in Bidder’s Bid or any related communication or document will be void, disregarded, and of no effect. For avoidance of doubt, the terms and conditions include but are not limited to those commonly appearing on the reverse side of letters submitted with the Bid or supporting documents.

2.15. COLLUSION BETWEEN BIDDERS

Bidder warrants and certifies all of the following statements are true and correct for both Bidder and

Bidder’s Bid:

A. The item prices and the total Bid amount have been arrived at independently and without consultation, communication, or agreement for the purpose of restricting competition with any other contractor, Bidder, or potential Bidder.

B. Neither the item prices nor the total Bid amount, and neither the approximate item prices nor approximate total Bid amount, have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before Opening.

C. No attempt has been made or will be made to solicit, cause, or induce any firm or person to refrain from submitting a Bid in response to the Advertisement, or to submit a Bid higher than this Bid, or to submit any intentionally high or noncompetitive Bid or other form of complementary Bid.

D. The Bid submitted by Bidder is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Bid.

E. Bidder has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any firm or person, or offered, promised, or paid cash or anything of value to any firm or person, whether in connection with the Work or any other endeavor, in consideration for an agreement or promise by any firm or person to refrain from submitting a

Bid or to submit a complementary Bid on the Work in the Advertisement.

F. Bidder has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value to any firm or person, whether in connection with the Work or any other endeavor, in consideration for such firm’s submitting a complementary Bid, or agreeing to do so, on the Work in the Advertisement.

G. No attempt has been made to take any action in restraint of free competitive submission to the

Advertisement in connection with the Bid.

H. Bidder has made a diligent inquiry of all members, officers, employees, and agents of Bidder with responsibilities relating to the preparation, approval, or submission of Bidder’s Bid and has been advised by each of them that Bidder has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made herein.

I. Bidder, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last three (3) years been convicted or found liable for any act prohibited by local, state, or federal law in any jurisdiction involving conspiracy or collusion with respect to submission to any public contract, except as indicated on a separate page attached to the Bid.

2.16. BID GUARANTEE

Each Bid must be accompanied by a Guarantee in the form a cashier's check or money order, in an amount of five (5) percent of the Bid total, by a bond with corporate surety in an amount not exceeding five (5) percent of the Bid total, or by an irrevocable letter of credit issued by a bank or other financial institution duly recognized and authorized to do business in the Commonwealth of Pennsylvania.

2.17. PERFORMANCE AND PAYMENT BOND

A. Upon Award, Bidder will, within ten (10) calendar days of Award notice, furnish a Performance

Bond using sufficient surety or sureties, in an amount equal to 100% of the Contract price. The bond must specify that the Work will be completed in a manner satisfactory to the City. The bond must also state that the City is not liable for any expenses incurred through the failure to complete the Work as specified, nor liable for any damages growing out of the carelessness of

Contractor, Contractor’s employees, or subcontractors.

B. Upon Award, Bidder will also, with ten (10) calendar days of Award notice, furnish a Payment

Bond in the amount of 100% of the Contract price.

2.18. INSURANCE AND WORKERS COMPENSATION

Upon Award, Bidder must provide, within ten (10) calendar days of Award notice, a certificate evidencing the following minimum insurance coverages:

A. GENERAL LIABILITY: Single limit of Bodily Injury and Property Damage Combined:

1. One million dollars ($1,000,000.00) each occurrence.

2. Two Million Dollars ($2,000,000.00) aggregate.

B. AUTOMOTIVE LIABILITY INSURANCE: One million dollars ($1,000,000) for each individual occurrence and Two million dollars ($2,000,000) in aggregate coverage.

C. PROFESSIONAL LIABILITY (required only upon Office’s specific request): Coverage must protect

Contractor and any of its subcontractors performing Work under the Contract, from claims errors and omissions which arise from operation of the Contract, whether such operations are performed by Contractor, any subcontractor, or anyone directly or indirectly employed by either. The amounts of such insurance must not be less than Three Million Dollars ($3,000,000) each occurrence/aggregate

D. UMBRELLA LIABILITY INSURANCE: Five Million Dollars ($5,000,000) excess liability, each occurrence/aggregate.

E. Any other insurance policies required in the Advertisement that are specific to the Work performed.

F. CITY OF PITTSBURGH must be named as "Additional Insured' on the insurance certificate on all general and automobile policies:

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

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

G. Bidder 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 the

Contract is concerned. Bidder’s Bid must include either an insurance certificate evidencing that it has insured its liability thereunder in accordance with the statutory minimums of the said Acts or in the alternative a certificate of exemption form for insurance from the Bureau of

Workmen’s Compensation of the Department of Labor and Industry or a substantially equivalent form certifying such status.

2.19. TAX EXEMPTION

The City is exempt from Federal excise taxes and transportation taxes. Therefore, Bidder should not include any such taxes in its Bid prices. The City is exempt from state sales tax on certain construction materials. Therefore Bidder shall include in its Bid a separate itemized list of all estimated state sales tax to be collected on all materials to be supplied. Bidder's Bid price shall exclude the cost of any sales tax for exempted materials. Any payment of sales tax included in the Bid that should properly have been excluded shall be immediately remitted to the City by Contractor.

2.20. PAYMENT OF TAXES AND SET-OFF

Bidder warrants that any and all taxes or municipal claims that may be payable to the City of Pittsburgh by Bidder are current and not delinquent. A Bidder will not be given an Award if an outstanding delinquency is discovered and not resolved.

2.21. FIRM PRICE BIDS AND PRICE LISTS

A. All Bids must be for fixed final prices only. Escalation of prices beyond the Bid price is not permitted. If Bidder submits any statements with a Bid indicating escalation or that Bid prices are not firm, such as "interest charges applied on accounts thirty (30) days or older" or "prices subject to revision", Bidder agrees that all such clauses are void and without any effect.

B. If the Advertisement requires that price lists be included in the Bid, Bidder understands that all price lists are firm final prices not subject to escalation regardless of any circumstance including but not limited to manufacturers’ price list changes. The City may use all price lists for price auditing purposes. Bidder agrees that any reference that may appear on any price list with the

Bid to any terms and conditions, such as ”F.O.B. shipping point” or “prices subject to change”, are void. Bidder agrees to supply the City with copies of additional catalogues and price lists upon request.

C. Bidder agrees if receiving an Award, all Bids, prices, price lists, and catalogues must remain firm throughout the duration of the Contract.

2.22. COMPLIANCE WITH PENNSYLVANIA “SARA” LAW

The City is obligated to comply with the Pennsylvania Worker and Community Right to Know and

Superfund Amendments and Reauthorization Act Title III laws. Bidder warrants and agrees if receiving an Award to submit a Material Safety Data Sheet for hazardous chemicals, if applicable. Submit all

Material Safety Data Sheets to:

Office of Management & Budget, Procurement

Room 502, City-County Building

414 Grant Street

Pittsburgh, PA 15219

2.23. USE OF TRADE NAMES

Bidder agrees that if the Bid describes goods by trade name, catalog number, or "as per sample", the goods so described will conform to the Specifications.

2.24. ESTIMATED QUANTITIES

Unless expressly provided otherwise in the Specifications, any references to quantities of goods or frequency of Work to be provided to the City are estimates, and the City reserves the right to increase or decrease any or all of the quantities of Work, materials, and equipment or to omit any of them, as it may deem necessary, and such increase or decrease of the quantities given for any of the items will not be considered as sufficient grounds for granting an increase in the prices of the Bid. Bidder understands and agrees that there is no guarantee that any estimated quantities will in fact be realized or ordered during the Work.

2.25. SAMPLES

A. 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 listed in the Bid. Said samples may not be returned to Bidder, at the discretion of the City. 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. The

City will specify the quantity of samples. If Bidder inadvertently provides an incorrect sample or wishes to exchange the submitted sample with a correct sample, Bidder must provide a written request and explanation to the City, which may be accepted at the discretion of the City. Bidder will have only one opportunity to perform such an exchange.

B. The City, at its sole discretion, has the right to arrange for testing of samples to determine whether the samples are within Specification. The City will indicate to Bidder that the City desires testing and advise which samples are to be tested and for what purpose. The following additional guidelines must be followed:

1. Laboratory/testing facility used must be pre-approved by the City; and

2. Bidders are solely and fully responsible for the expenses of testing regardless of whether or not the tested sample(s) meets Specifications; and

3. The City and Bidder must immediately communicate upon the City’s request for testing to determine which laboratory/testing facility will be used, as well as the time frame in which tests are to be conducted and reported to the City.

2.26. PIGGYBACKING

Bidder understands and agrees that the goods and services described in the Specifications may be purchased by the City and any other governmental bodies at the prices set forth in the Bid. If receiving an Award, Bidder agrees to supply the goods and services to governmental bodies on the same terms and conditions supplied to the City pursuant to the Contract. Bidder understands that to the extent other municipal bodies purchase goods or services, such purchase would be through a separate agreement with said municipal bodies that would not include or involve the City in any form.

2.27. DEBARMENT

Bidder warrants and certifies that Bidder is not prohibited from and has no reason to believe that Bidder is prohibited from providing a submission in response to the Advertisement or entering into any

Contract with the City by reason of disqualification under subsection (b) of Section 161.22 of the

Pittsburgh Code.

2.28. STATEMENT OF AFFILIATIONS

Bidder’s Bid must include a completed Statement of Affiliations in compliance with Section 197.08 of the

Pittsburgh Code.

2.29. EQUAL OPPORTUNITY COMMISSION GOALS AND GOOD FAITH EFFORT

A. MBE/WBE. The City is committed to the ideal of providing all citizens an equal opportunity to participate in City contracting opportunities. Therefore, it is the City's goal to encourage increased participation of women and minority groups in all City contracts. The City requires that Bidders 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’s Equal Opportunity Review Commission (EORC). In order to ensure that there are opportunities for historically disadvantaged minority groups and women to participate on 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 Bidder’s employment of minority groups and women, to encourage goals of eighteen (18) percent and seven (7) percent respectively.

B. It is also the City's goal to encourage participation by veteran-owned small business enterprises

(“VBE”) in all contracts. The City maintains an annual goal of not less than five (5) percent participation by VBEs in all contracts. The participation goal will apply to the overall dollar amount expended with respect to the contracts. The City requires that all Bidders demonstrate good faith efforts to obtain the participation of VBEs in work to be performed under City contracts. The levels of VBE participation will be monitored by the EORC.

C. Good Faith Commitment. In order to demonstrate good faith commitment to these goals, all

Bidders are required to complete and submit with their Bids the attached MDE/WBE/VBE

Solicitation and Commitment Form (which details the efforts made by Bidders to obtain such participation). Participants are encouraged to contact the EORC 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.

3. Scope of Work

3.1. Scope of Work

• Vendor shall provide uniforms, duty equipment, and tailoring and embroidering to the

Department of Environmental Safety for the City of Pittsburgh.

• Vendor shall provide fitting and tailoring on-site at least once per year as required by the

Environmental Service Department Director or his/her designee.

3.2. Item Requirements

• Vendor must supply all items of the uniform and complete patchwork, embroidery, and/or screen printing as specified by the Environmental Service Department Director or his/her designee in order to clearly identify City employees.

• Items will be cleaned and pressed so as to be ready to use when issued.

• If an item is not available, the vendor must supply an alternative item after receiving approval from the Department Director or his/her designee prior to substitution. The alternative item will be similarly suited to meet requirements and will be provided at the same cost as the original item on contract.

3.3. Price Escalations

Supplier may pass on price escalations received by manufacturers to the City. Satisfactory proof of price escalation must be provided from the manufacturer in writing to the City with a minimum of a two week notice of effective date.

Supplier shall also suggest alternative items to the City for consideration when a price increase occurs to help avoid rising costs.

3.4. Samples

Samples may be requested prior to awarding. All samples must be marked with a specification number for easy identification. Additional samples may be requested at any time during the contract period. If samples are required, the respective department will coordinate the request directly with the Vendor.

Any Line Items that do not a have a specific Manufacturer Name or Number added (enter Manufacturer of your choice), will require samples from the Vendor.

3.5. Inventory & Stocking Program

On-hand inventory is to be maintained by the supplier at their facility at a level satisfactory to the City of

Pittsburgh. Environmental Services shall work with the supplier to identify what items should be stocked at minimum levels. Environmental Services should work with the supplier to establish reorder points by par levels for each specific item and sizes. Stocking orders shall be prepaid by the City of Pittsburgh.

Ninety percent (90%) of all stocked items from this contract must be available for either fitting or received by the City of Pittsburgh within ten (10) business days of request. Items that require atypical sizing must be received by the City within thirty (30) business days of request.

Any non-stock orders shall be delivered to the City within ten (10) days of receipt of the product from the manufacturer. If alterations are required they are to be delivered within fifteen (15) days of receipt of the product from the manufacturer. Supplier shall notify the City in writing within two (2) business days of any notice received on a backordered product.

3.6. Local Office

Vendor must have a local office within five (5) air miles of city center (Pittsburgh) in order to work with each employee to take his/her measurements and, as necessary to enable the vendor to make alterations. This local office must be open at least three (3) weekdays during normal business hours. If needed, after hour sessions will be done by appointment only. This service may be subcontracted.

3.7. Alterations

• Specified repairs and services must be offered at a fixed price per item.

• Additional services and repairs not otherwise specified must be offered at a fixed price per hour.

• Minor alterations (take in/ease waist, hem pant legs, adjust seat of pants) must be made to each applicable item at no extra charge.

• Stock items that require alterations must be available for pick-up within ten (10) business days after alteration request is placed (if no fitting is necessary) or after fitting occurs (if necessary).

• This can be subcontracted as long as the subcontractor is within the local limits set above or measurements take place at the local office.

3.8. Emblems/Departmental Patches/Screen Printing

All shirts, hats, coveralls, and jackets must have departmental patches, emblems, and/or screen printing secured to them prior to issue, unless otherwise indicated by the Environmental Service Department.

The City will provide the artwork for emblems, patches, and/screen printing to the vendor upon award of the contract. All emblem embroidery must be approved by the Environmental Service Department designee. All set-up fees and artwork or design costs for embroidery and screen printing must be included in the bid price.

3.9. Order Fulfillment

Orders shall be delivered to the Environmental Service Department at the City of Pittsburgh. Order deliveries shall be fulfilled as per the timelines noted in the above Inventory & Stocking Program section, unless otherwise approved in writing by the Environmental Service Department Director or their designee. If Vendor exceeds ten (10) business days and does not have written approval in advance from the City of Pittsburgh authorizing the extension, vendor must provide discount pricing at the following rates:

• 11-15 business days- 10% discount for each item.

• 16-30 business days- 15% discount for each item.

• 31 or more business days- 20% discount for each item.

3.10. Warranty

• The Vendor warrants that all goods and services furnished to the City shall be in accordance with specifications and free from any defects of workmanship and materials, that goods furnished to the City shall be marketable and fit for the City's described purposes, and that no governmental law, regulation, order, or rule has been violated in the manufacture or sale of such goods.

• At a minimum, if an article of clothing is delivered damaged or is a different item/size/color/material/etc. than that requested by the City, and the City notifies the Vendor within thirty (30) days after delivery is received and accepted, then corrections, repairs, or replacements shall be performed by Vendor at no additional charge.

• If a manufacturer discontinues a garment specified in this contract, during the period of the contract, the Vendor shall identify another garment of equal or greater quality for substitution with approval from the City. If the price is higher than the originally contracted price the item will be billed at the full catalog percentage (%) off of list pricing line item.

3.11. INVOICING AND PAYMENT PROCESS (LS)

A. The City shall make progress payments to Contractor at monthly intervals in accordance with the procedure set forth in this Section.

B. At least ten (10) days before the date established for each progress payment, Contractor shall submit to the City an itemized Invoice prepared in accordance with the Schedule of Values for completed portions of the Work. Invoices must be submitted directly to the Director. In addition to any invoicing procedures specifically required by the Director, Contractor must comply with all provisions in the Contract to receive payment.

C. Contractor understands that any Invoice submitted is subject to review and approval by the City.

Only an Invoice reviewed and approved by the City is eligible for payment. Contractor agrees that all invoicing and payment will be governed strictly in accordance with the Contract and will not be governed by the default rules of 62 Pa. C.S. § 3932. In accordance therewith, Contractor acknowledges that the City will endeavor, but is not formally bound, to provide payment for an approved Invoice within forty-five (45) business days. Contractor understands and agrees that no interest or penalty will be due from the City for any payment regardless of date of payment.

D. Invoices must be submitted within thirty (30) calendar days of the completion of Work or delivery for which payment is requested. Contractor waives a right to payment for Invoices submitted more than thirty (30) calendar days after delivery of goods or completion of Work for which payment is requested. Contractor may not submit more than one (1) Invoice within a thirty (30) calendar day period.

E. Invoices shall be supported by all data substantiating Contractor’s right to payment that the City requires and shall reflect retainage, as provided in the Contract. Invoices must be itemized, sufficiently detailed, and accompanied by supporting documentation to allow for a reasonable audit of Work completed. All pricing on the Invoice must align to the pricing of the Contract.

Invoices must also be consistent with amounts found in the Inspector's daily labor and material logs.

F. All Invoices must be certified by Contractor as to their accuracy and certified that all Work for which an Invoice is submitted are, at the time of Invoice submission, free and clear of all liens, claims, security interests, or encumbrances in favor of Contractor or any relevant third party.

G. Each Invoice will constitute an express representation by Contractor that:

1. Partial payment requested has been incurred by Contractor on account of the Work or is justly due to subcontractors;

2. Materials, equipment, and supplies for which such Invoice is being submitted have been installed or incorporated in the Project or have been stored at the Site, and that materials, equipment, and supplies covered by prior payments are not subject to any security interests or similar encumbrances;

3. No claims have been filed or have been threatened to be filed by any subcontractor or anyone claiming through a subcontractor in connection with the Project, or if such claim has been filed or threatened, state in full the reasons therefore; and

4. The Work which is the subject of such Invoice has been performed in accordance with the

Contract.

H. Invoices must conform to the following requirements:

1. All Invoices submitted must include the City Purchase Order number (e.g., 123456OC) and the City Controller number.

2. If an Invoice includes labor hours, such hours must be itemized separately from the cost of materials.

3. If an Invoice includes materials, equipment rental, or facilities rental, Contractor must provide evidence of the cost including receipts. These items are reimbursed at cost only.

4. If an Invoice includes rental of facilities, Contractor must provide evidence of the cost, including receipts. Rental of facilities is reimbursed at cost only.

5. If an Invoice includes subcontracted work, Contractor must submit a complete breakdown of subcontracting costs together with all subcontractors’ documentation including but not limited to the subcontractor’s direct invoice to the Contractor. Contractor must require subcontractor to provide supporting documentation to subcontractor’s Invoice consistent with the requirements for Contractor’s Invoice (i.e., labor Invoices, material invoices, equipment rental, etc.).

I. Contractor understands that the City at its discretion may withhold payment for any disputed items on an Invoice. The City may dispute items on an Invoice for reasons including but not limited to untimely or incomplete Invoice submission, failure to supply sufficient supporting documentation, unsatisfactory or deficient performance of Work, or failure to satisfactorily complete Work within designated deadlines. If the City disputes an item on an Invoice, the City will notify Contractor within fifteen (15) business days after receipt of an Invoice. The City’s approval of an Invoice and payment will not by itself constitute acceptance of Work.

J. Contractor shall pay each subcontractor the amount to which the subcontractor is entitled no later than seven (7) days after receipt of payment from the City, reflecting percentages actually retained from payments to Contractor on account of the subcontractor’s portion of the

Work. Contractor shall, by appropriate agreement with each subcontractor, require each subcontractor to make payments to sub-subcontractors in a similar manner. Contractor’s payments to suppliers shall be treated in a manner similar to subcontractor payments provided in this Section. The provisions set forth in this Section are strictly for the benefit of the City in order that satisfactory morale and relations with subcontractors and suppliers will be maintained and will not under any circumstances confer any right upon any third party.

K. The City has the right to request written evidence from Contractor that Contractor has properly paid subcontractors and suppliers amounts paid by the City to Contractor for subcontracted

Work. If Contractor fails to furnish such evidence within seven (7) days, the City shall have the right to contact subcontractors and suppliers to ascertain whether they have been properly paid. The City shall not have an obligation to pay or to see to the payment of money to a subcontractor or supplier, except as may be otherwise required by law.

3.12. Shipping & Delivery Terms

Shipping and delivery costs must be included with vendor's submitted response pricing under the Pricing

Proposals section. The City of Pittsburgh will not pay for nor reimburse separate shipping, handling, or delivery fees.

Purchase orders placed under an awarded contract will be F.O.B. Destination.

4. Vendor Questionnaire

4.1. Do you agree with the City's Terms and Conditions?*

☐ Yes

☐ No

*Response required

4.2. Equal Opportunity Review Commission (EORC) Participation Form * Please download the below documents, complete, and upload.

• EORC_New_Plan_Submission_fo...

• EORC_Sample_Committment_Let...

*Response required

4.3. Vendor Contact Sheet*

Please download the below document, complete, and upload.

• Blank_Vendor_Contact_Sheet.pdf

*Response required

4.4. Vendor Registration Form*

Please download the below document, complete, and upload.

• Blank_Vendor_Registration_F...

*Response required

4.5. W-9 Form*

Please download the below document, complete, and upload.

• W9.pdf

*Response required

4.6. Store Location*

Please Provide the Address of your in-store location.

*Response required

4.7. Authorized Signatory*

Provide the name, title, & email address of the authorized signatory for your company (for details on who is considered an authorized signatory, please look at our terms & conditions section)

*Response required 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