Larimer_Tree_Planting.pdf

INVITATION FOR BID

2025-IFB-066

LARIMER TREE PLANTING

City of Pittsburgh

City-County Building

Pittsburgh, PA 15219

RELEASE DATE: March 3, 2025

DEADLINE FOR QUESTIONS: March 17, 2025

RESPONSE DEADLINE: March 24, 2025, 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

Larimer Tree Planting

I. Introduction

II. BID TERMS AND CONDITIONS

III. CONTRACT TERMS AND CONDITIONS

IV. FEDERAL FUNDING REQUIREMENTS

V. Scope of Work

VI. Vendor Questionnaire VII. Pricing Proposal

Attachments:

A - Tree staking details

B - Salt resilient streets

C - Larimar Street Tree Planting Project

Invitation for Bid #2025-IFB-066 Title: Larimer Tree Planting

1. Introduction

1.1. Summary

The City of Pittsburgh's Office of Management and Budget, on behalf of the Department of Public Works

(DPW), is soliciting bids for Larimer Tree Planting.

1.2. Background

The tree pits are all existing/were recently installed along Larimar Ave.

Tree species list included any substitutions must be approved in advance by City Forester 412-665-3625

1.3. Contact Information

Matthew Marshman

Sourcing Specialist

414 Grant Street

Suite 502

Pittsburgh, PA 15219

Email: matthew.marshman@pittsburghpa.gov

Phone: (412) 715-3489

Department:

Public Works

1.4. Timeline

Release Project Date March 3, 2025

Question Submission Deadline March 17, 2025, 4:00pm

Bid Submission Deadline March 24, 2025, 2:00pm

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

mailto:matthew.marshman@pittsburghpa.gov tel:(412)715-3489

Bid Opening March 24, 2025, 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 Purchase

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. CONTRACT TERMS AND CONDITIONS

3.1. CONTRACT TERMS APPLICATION

The terms and conditions herein apply to the Contract. All definitions, warranties, and applicable terms and conditions from the Bid Terms and Conditions are incorporated as though set forth herein.

3.2. PERFORMANCE

Contractor will furnish material, equipment, tools, labor, and incidental work complete and in place, unless otherwise provided, and be responsible for the complete supervision, performance, and completion of the Work. Contractor must perform the Work strictly in accordance with the Contract and the Director’s orders and instructions. Contractor must strictly comply with all dates, deadlines, and milestones under the Contract as time is of the essence for each. Contractor must maintain, update, and make available upon request a copy of all documents arising under the Contract.

3.3. CONTRACTOR THOROUGHLY INFORMED AS TO WORK

Contractor affirms that Contractor has thoroughly examined the Advertisement, Specifications, and Site.

Contractor 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 Site, Specifications, and Advertisement. Contractor assumes all risks and costs arising from a failure to comply with this provision, and the City will make no allowance or concession for such failure.

3.4. TERMINATION AND DEFAULT

A. The City may terminate the Contract at any time, without cause or liability, by giving Contractor thirty (30) calendar days advance written notice of its intention to terminate.

B. The City may declare Contractor in default for the following reasons:

1. failure to begin Work within the time specified in the Contract or provided by the City in accordance with the Contract;

2. failure to perform the Work with sufficient labor, equipment, or material to ensure the completion of the specified work according to the Contract terms;

3. unsatisfactory performance of the Work;

4. failure or refusal to remove material, or to repair or remove and replace any Work, rejected as defective or unsatisfactory;

5. discontinuing Work without approval;

6. failure to resume Work that has been discontinued within a reasonable time after notice to do so;

7. insolvency, bankruptcy, or unapproved assignment;

8. failure or refusal within (ten) 10 calendar days to make payment or show cause why payment should not be made, of any amounts due for material furnished, labor supplied or performed, for equipment rentals, or for utility services rendered, as covered by the

Payment Bond;

9. failure to protect, to repair, or to make good any damage or injury to property;

10. failure to follow federal, state, or local law with relation to the Contract, including but not limited to the requirements of Section 177A of the City Code; or

11. failure to abide by the terms and conditions of the Contract.

C. In addition to any other remedies afforded in law, equity, or within the Contract, the City may exercise the following remedies in the event of Contractor default:

1. Cancellation of the Contract; or

2. Performance of the Work by the City or the City’s subsequently procured independent

Contractor with costs to be borne by Contractor for all amounts not otherwise covered by

Contractor’s bond.

D. If the City determines to the City’s satisfaction that Contractor’s default is potentially curable, Contractor may be given a limited amount of time to cure a default in order to avoid a finding of default.

E. If the Contract is terminated by the City as provided in Subsection 3.4(A) herein, Contractor will be paid for the time provided and expenses incurred in the course of Work properly performed and accepted by the City up to the termination date.

F. In the event of any termination with or without fault, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by Contractor under the Contract shall, at the option of the City, become its property of the City.

3.5. OPTION TO EXTEND

The City reserves the right to extend the Contract for up to ninety (90) calendar days after the expiration of the indicated period of the Contract under Section 1.3. When applicable, an extension notice will be issued defining the exact extension of the Contract; upon extension, all other terms and conditions of the Contract will remain in full force and effect.

3.6. SUBCONTRACTING

A. None of the Work covered by the Contract will be subcontracted without the prior written approval of the City. It is further agreed that no subcontract, if consented to, will under any circumstances relieve Contractor of any liabilities and obligations under the Contract, and should any subcontractor fail to perform the Work undertaken in a satisfactory manner, such subcontract must be terminated immediately and ended by Contractor upon notice of the Office or Director to do so.

B. All Contractor agreements with permitted subcontractors must be in writing and must require all such subcontractors to comply with the requirements of Section 3.11 Bonds and Insurance, Section 3.17 Indemnification, Section 3.18 Prevailing Wage, Section 3.19 Anti-Sweatshop, Section 3.20 Steel Products, Section 3.23 Ensuring Equal Employment Opportunity For Persons

Previously Convicted, Section 3.24 Compliance with Laws, and Section 3.16 Anti-Discrimination of the Contract Terms and Conditions and must incorporate such clauses into any subcontract.

C. All Contractor agreements with permitted subcontractors must provide that the City is an intended third-party beneficiary of such agreement.

D. Contractor shall be fully responsible to the City for the acts and omissions of subcontractors, and of persons either directly or indirectly employed by subcontractors, as Contractor is for the acts and omissions of persons Contractor directly employs. Contractor is also responsible for performance of the subcontractor for prices bid for the subcontracted work. The City may disallow use of any subcontractor by Contractor for whom no bid price was individually submitted with the Bid.

3.7. NEW MATERIAL

Unless otherwise specifically provided in the Specifications, all goods to be supplied to the City must be from new, unused, current stock.

3.8. DELIVERY POINT AND TIME

Unless otherwise expressly provided in the Specifications, the Work to be delivered or provided must be delivered to or provided at any place or places within Pittsburgh, Pennsylvania that the City may designate. All deliveries are to be F.O.B. point of delivery. Unless otherwise expressly provided in the

Specifications, Contractor must provide all Work within thirty (30) calendar days from the date of the

City's request therefore.

3.9. PRE-PRINTED TERMS OR CONDITIONS

Contractor acknowledges and agrees that any term or condition included by Contractor in any communication or document transmitted to the City, including on purchase orders, Invoices, or other documentation, are void and of no effect to the extent that such term or condition conflicts with any term or condition contained in the Contract.

3.10. MAINTENANCE AND EXAMINATION OF FINANCIAL RECORDS

A. Contractor must maintain books, program and financial records, documents, and other evidence pertaining to costs and expenses related to the Contract 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 the Contract.

Contractor must maintain such books, records, documents, and other materials in accordance with Generally Accepted Accounting Principles, where applicable.

B. Contractor must 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.

C. Contractor’s books, records, program and financial records, documents, and other evidence pertaining to services or Work provided under the Contract must be preserved and made available for a period of three (3) years following the termination of the Contract.

D. 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 Contractor, to the City’s sole satisfaction, within thirty (30) calendar days after Contractor’s receipt of written notice of such deficiencies.

3.11. BONDS AND INSURANCE

Contractor must maintain Bonds in the amount and form described in Section 2.17 and Insurance in the amount and form described in the Section 2.18 of the Bid Terms and Conditions throughout the term of the Contract. If insurance is renewed during the term of the Contract, the new certificate of insurance must be forwarded to:

Office of Management & Budget, Procurement

Room 502, City-County Building

414 Grant Street

Such insurance requirements may be waived or altered at the City’s discretion, in writing, where appropriate or required by the specific circumstances of the Project at issue.

3.12. TAXES CHARGED TO CITY

Contractor warrants that no federal, state, or local taxes will be charged to the City for which the City is exempt. Contractor agrees that, at the City’s discretion, any charge wrongfully made for exempted taxes must be immediately returned by Contractor to the City or set-off by the City against any amounts owing to Contractor under the Contract.

3.13. PAYMENT OF CITY TAXES AND SET-OFF

A. Contractor warrants that any and all taxes or municipal claims that may be payable to the City by Contractor are current and not delinquent. If any taxes or municipal claims become delinquent or owing during the term of the Contract or prior to final payment by the City, Contractor hereby grants the City the right to set-off that indebtedness against any amounts owing to Contractor under the terms of the Contract and/or any associated agreement. The City reserves the right to apply set-off payments in whatever manner it deems appropriate.

B. Contractor is responsible for payment of all local taxes, including but not limited to, the City

Business Privilege Tax. These taxes are not reimbursable items under the Contract.

3.14. NO LIEN

Contractor agrees not to file a lien or bond claim on any Work under the Contract and waives any such rights to file a lien or bond claim.

3.15. CONFIDENTIAL INFORMATION

Contractor agrees that all information provided to Contractor must be considered Confidential

Information unless specifically designated by the City otherwise. Contractor must keep all such information confidential and must not disclose it to any other person. If Contractor is subject to disclosure required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, Contractor must immediately notify the City with sufficient time to give the City an opportunity to intervene in any such proceeding. Contractor may only disclose Confidential

Information to its employees and subcontractors who must know the content of such information solely and exclusively for the Work and who first agree and are required to maintain the confidentiality of such information. Contractor must provide for the City’s review and pre-approval a list of all personnel and subcontractors with whom Confidential Information will be shared, in advance of such disclosure.

3.16. ANTI-DISCRIMINATION

A. In the provision of any Work under the Contract, including but not limited to the hiring of any employees or sub-contracting for the manufacture of supplies, performance of Work, or any other activity required under the Contract, neither Contractor nor any person on their behalf will in any manner discriminate on the basis of any protected class, such as race, color, religion, national origin, ancestry, place of birth, non-job related handicap or disability, age, pregnancy, childbirth, or related medical conditions and events, sex, sexual orientation, gender identity, gender expression, status as a victim of domestic violence, or hairstyles and protective and cultural hair textures and hair styles, per Title Six, Article V Discrimination of the Pittsburgh Code of Ordinances, and applicable state and federal law, as the same may be amended.

B. Contractor and each subcontractor must establish and maintain a written nondiscrimination and harassment policy and must inform their employees in writing of the policy. The policy must contain a provision that discriminatory harassment will not be tolerated and employees who practice it will be disciplined. The policy must also clearly establish a reporting protocol. Posting this Nondiscrimination/Harassment Clause conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where the contracted services are performed will satisfy this requirement for employees with a Site.

C. Contractor understands and agrees that no individual with a non-job related disability will, on the basis of the disability, be excluded from participation in the Contract or from activities provided for under the Contract in accordance with the Americans with Disabilities Act, as the same may be amended, and any federal regulations promulgated thereunder.

D. Contractor is obligated to immediately inform the Director if, at any time during the term of the

Contract, Contractor becomes aware of any actions or occurrences that would result in violation of these provisions.

3.17. INDEMNIFICATION

A. Contractor must indemnify, defend (at its own cost and expense) and hold harmless the City, its officers, agents, directors, and employees, from liabilities, liens, claims, charges, damages, losses, judgments, and costs of any kind and nature, including, but not limited to reasonable attorney's fees and court costs, to the extent caused by:

1. conduct of Contractor and persons employed or utilized by Contractor in the performance of the Contract;

2. any act, error or omission of Contractor or its agents, employees, licensees, contractor or subcontractors;

3. any breach by Contractor of the terms of the Contract; or

4. any demands of Contractor or a subcontractor's laborers, workmen, mechanics, material persons, or furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the Work.

Contractor must, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries, or damages arising or resulting from any Work under the Contract, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications will survive the cancellation and the term of the Contract. If any action or proceeding is brought against the City by reason of any such claim or demand, Contractor will, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City.

B. The indemnification provided above will obligate Contractor to defend, at its own expense, to and through appellate, supplemental, or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description that may be brought against the City whether performed by Contractor, or persons employed or utilized by Contractor.

C. Contractor agrees and recognizes that the City will not be held liable or responsible for any claims that may result from any actions or omissions of Contractor in which the City participated either through review or concurrence of Contractor’s actions. In reviewing, approving, or rejecting any submissions by Contractor or other acts of Contractor, the City in no way assumes or shares any responsibility or liability of Contractor or any subcontractor.

D. Contractor shall, at the City’s request, furnish satisfactory evidence that all obligations designated in this section above have been paid, discharged, or waived. If Contractor fail to do so, the City may, after having notified Contractor, either pay unpaid bills or withhold from

Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to Contractor shall be resumed, in accordance with the terms of the Contract, but in no event shall the provisions of this section be construed to impose any obligations upon the City to either Contractor or any third party. In paying any unpaid bills of

Contractor, any payment so made by the City shall be considered as a payment made under the

Contract by the City to Contractor, and the City shall not be liable to Contractor for any such payments in good faith.

3.18. PREVAILING WAGE ORDINANCE

Contractor agrees that section 161.16(e) of the Pittsburgh Code of Ordinances, stating that Contractor must pay at least the applicable prevailing wages as will have been determined by the City Controller pursuant to the City Service Worker Prevailing Wage Ordinance, Title I, Article VII, Section 161.38(I)(B), as the same may be amended, and as will 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, must be made a part of the Contract as fully as if attached hereto, and that Contractor will comply in all respects with the provisions thereof, insofar as the same implicates the Contract.

3.19. ANTI-SWEATSHOP PROVISIONS

Contractor certifies that none of their goods or products were made under any of the sweatshop conditions defined in Pittsburgh Code § 161.02(e), or as the same may be amended. If the City is presented with information that would lead the City to reasonably believe that Contractor or its suppliers may be obtaining goods or products for sale, re-sale, lease, or rental to the City that where made under a sweatshop condition, upon request of the City, Contractor must 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.

3.20. STEEL PRODUCTS

In accordance with the Pennsylvania Steel Products Procurement Act, 73 P.S. §§ 1881 -1889 (“Act 3-

1978"), if any steel products are to be used or supplied in the performance of the Contract, only steel products, as defined in Act 3-1978 can be used or supplied in the performance of the Contract or any subcontracts thereunder. Contractor certifies either that their iron or steel product conforms to Sections

106.01 and 106.10(a) of the Pennsylvania Department of Transportation’s Publication 408, and/or that

Contractor will file the appropriate certification forms or waivers required by Act 3-1978 and the Buy

American Act, or as the same may be amended.

3.21. WORK IN SECURE LOCATIONS AND COMPLIANCE WITH CJIS

Contractor understands that work in secure facilities designated by the City, including but not limited to locations covered under the City’s CJIS security policy, may require Contractor to obtain security clearances for all assigned personnel. Contractor agrees that any such work will be performed in compliance with the City’s CJIS security policy, as applicable.

3.22. RIGHT-TO-KNOW ACT

Contractor understands that the City is subject to the Pennsylvania Right-to-Know Act and that the

Contract may be subject to public disclosure thereunder.

3.23. ENSURING EQUAL EMPLOYMENT OPPORTUNITY FOR PERSONS PREVIOUSLY

CONVICTED

Contractor shall comply with Section 161.16A of the Pittsburgh City Code.

3.24. COMPLIANCE WITH LAWS

In addition to all laws explicitly referenced in the Contract, Contractor must fully obey and comply with all other federal, state, and local laws, statutes, ordinances, resolutions, and administrative regulations that are applicable to any Work performed under the Contract. Contractor agrees to maintain throughout duration of the Contract, all necessary City, county, and state licenses and approvals as applicable (including required professional licenses and exams), and to immediately notify the Office of any loss or changes of licenses and approvals.

3.25. GOVERNING LAW

The Contract is to be construed and interpreted in accordance with the laws of the Commonwealth of

Pennsylvania. For any lawsuit, claim, dispute, or other matter arising under the Contract, Contractor hereby consents to the courts of Allegheny County, Pennsylvania without reference to conflict of law principles.

3.26. CONFLICT-OF-INTEREST

In accordance with applicable provisions of the City Code and Home Rule Charter, no member of the governing body of the City and no other officer, employee, or agent of the City, who exercises any functions or responsibilities in connection with the planning and carrying out of the Project, shall have any personal financial interest, direct or indirect, in…