Mobile_Stage.pdf

INVITATION FOR BID

2024-ELA-074

MOBILE STAGE

City of Pittsburgh

City-County Building

Pittsburgh, PA 15219

RELEASE DATE: April 23, 2024

DEADLINE FOR QUESTIONS: May 3, 2024

RESPONSE DEADLINE: May 17, 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

Mobile Stage

I. Introduction II. Instructions to Bidders

III. Equal Opportunity Review Commission Terms IV. General Terms and Conditions V. Federal Funding Requirements

VI. Scope of Work VII. Vendor Questionnaire

VIII. Pricing Proposal

Attachments:

A - Mobile Stage Specs-With Optional Banner Support

B - Mobile Stage Specs-Without Optional Banner Support

Invitation for Bid #2024-ELA-074 Title: Mobile Stage

1. Introduction

1.1. Summary

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

Equipment Leasing Authority, is soliciting bids from qualified vendors for a mobile stage system.

1.2. Contact Information

Joshua Lamonde

Sourcing Specialist

414 Grant Street

Suite 502

Pittsburgh, PA 15219

Email: joshua.lamonde@pittsburghpa.gov

Phone: (412) 255-0807

Department:

Equipment Leasing Authority

1.3. Timeline

Release Project Date April 23, 2024

Question Submission Deadline May 3, 2024, 5:00pm

Bid Submission Deadline May 17, 2024, 2:00pm

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

Bid Opening May 17, 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.

Period of Contract One Time Purchase.

mailto:joshua.lamonde@pittsburghpa.gov tel:(412)255-0807

2. Instructions to Bidders

2.1. BID SUBMISSIONS

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

2.2. BID ERRORS

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

2.3. SPECIFICATION ERRORS AND BULLETINS (AMENDMENTS)

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

2.4. CLARIFICATION

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

2.5. QUALIFIED BIDDERS

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

2.6. PRE-PRINTED TERMS AND CONDITIONS

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

2.7. SOLICITATION ONLY

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

2.8. FATAL BID ERRORS

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

2.9. CONTRACT

By submitting a bid, the bidder warrants that if the Authority makes an award to the bidder, bidder shall, at the option of the Authority, enter into a written contract with the Authority. This contract shall consist of the terms and conditions set forth in the solicitation, specifications, and these General

Conditions and Instructions to Bidders. If no bid bond or substitute is required and bidder fails or refuses to execute the required documents within thirty (30) days after award by Authority, bidder shall pay to the Authority the difference in the amount specified in bidder's bid and the amount Authority shall pay to fulfill the specifications.

2.10. ALTERATIONS/CORRECTIONS

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

2.11. COLLUSION BETWEEN BIDDERS

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

2.12. REJECTION OF BIDS

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

2.13. UNIQUE BIDS

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

3. Equal Opportunity Review Commission Terms

3.1. MWE/DBE

The Equipment Leasing Authority is committed to the ideal of providing all citizens an equal opportunity to participate in City and its Authorities' contracting opportunities. It is therefore the ELA's goal to encourage increased participation of women and minority groups in all ELA contracts.

The ELA requires that all respondents demonstrate good faith efforts to obtain the participation of

Minority-Owned Business Enterprises (MBE's) and Women-Owned Business Enterprises (WBE's) in work to be performed under ELA contracts. The levels of MBE and WBE participation will be monitored by the

City of Pittsburgh's Equal Opportunity Review Commission (EORC).

In order to ensure that there are opportunities for historically disadvantaged minority groups and women to participate on Covered Contracts, and consistent with the ELA's current equal employment opportunity practice and goals, the EORC will review contracts to include an evaluation of a developer/contractors employment of minority groups and women, encourage goals of eighteen (18) percent and seven (7) percent respectively.

3.2. Veteran-Owned Small Business

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

The ELA shall have an annual goal of not less than five (5) percent participation by veteran-owned small businesses in all contracts. The participation goal shall apply to the overall dollar amount expended with respect to the contracts.

The ELA requires that all respondents demonstrate good faith efforts to obtain the participation of veteran-owned small business in work to be performed under ELA contracts. The levels of veteran-owned participation will be monitored by the City of Pittsburgh's EORC.

3.3. Good Faith Commitment

In order to demonstrate good faith commitment to these goals, all respondents are required to complete and submit with their bids the attached MDE/WBE/Veteran-Owned Solicitation and

Commitment Form (which details the efforts made by the respondents to obtain such participation).

Failure to submit a properly completed form along with documentation of Good Faith Commitment may result in rejection of the bid. Participants are encouraged to contact the Equal Opportunity Review

Commission at 412-255-8804 to assist further. For further information, including definitions and additional requirements, please see Chapter 177A (Sections 177A.01 et. seq.) of the City Code and

Section 161.40 of the City Code.

4. General Terms and Conditions

4.1. DEFINITIONS

I. DIRECTOR: It is agreed by the parties to this contract, that unless otherwise specified, wherever the word Director occurs in the contract, it will be considered as referring to the Director of the City

Department or the Chairperson of the ELA issuing the contract.

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

III. ELA: The City of Pittsburgh Equipment and Leasing Authority, a municipal authority legally separate from the City of Pittsburgh.

IV. CONTRACTOR: It is agreed by the parties hereto that wherever the word Contractor, or the pronoun(s) in place thereof are used in this contract, they are to be considered as referring to and meaning the contracting party or parties, or such party or parties seeking to enter into a contract with the City of Pittsburgh, as the case may be, or the legal representatives of such party or parties.

4.2. ALTERATIONS/CORRECTIONS

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

4.3. EXECUTION OF BIDS

Bids are to be executed, by the following persons:

I.CORPORATION - The President or Vice President, and one of the following: Secretary, Treasurer, Assistant Secretary or Assistant Treasurer.

If a bid is executed by any other person, a power of attorney, a copy of the bylaws, or a resolution of the

Board of Directors documenting the authority of that person to sign the bid must accompany the bid.

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

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

III. SOLE PROPRIETORSHIP - The individual owner.

IV. BUSINESS OPERATING UNDER A FICTITIOUS NAME - Entities operating a business under a Fictitious

Name must execute the contract in the name of the entity trading and doing business as the Fictitious

Name.

4.4. PERFORMANCE AND BID BONDS

Whenever a bid bond or performance bond is required, the bidder may meet the requirement by submitting an acceptable cashier's check, certified check, banker's check or an irrevocable letter of credit in the amount required. Whenever a performance bond is required, the successful bidder shall keep all provisions and requirements of the bond up-to-date throughout the term of the contract.

4.5. INSURANCE

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

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

b. EQUIPMENT LEASING AUTHORITY OF THE CITY PITTSBURGH must be listed as "Additional Insured' on the insurance certificate.

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

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

d. WORKERS’ COMPENSATION: STATUTORY LIMITS.

e. AUTOMOTIVE LIABILITY INSURANCE – MINIMUM REQUIREMENTS: $500,000 for each individual occurrence and $1,000,000 in aggregate coverage.

f. PROFESSIONAL LIABILITY (Required for Professional Services Only): Coverage as shall protect the

Supplier and any subcontractor performing work under the Contract, from claims errors and omissions which arise from operation of the Contract, whether such operations are performed by the Supplier, any subcontractor, or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 each occurrence/aggregate and $1,000,000 excess liability, each occurrence/aggregate.

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

Equipment Leasing Authority of the City of Pittsburgh

414 Grant Street, Room 526

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

Contract.

4.6. TAX STATUS OF AUTHORITY

The Equipment Leasing Authority of the City of Pittsburgh is exempt from Federal excise taxes, transportation taxes and state sales taxes. Therefore, bidder should not include any such taxes in its calculations or in the prices bid. Any sales tax invoiced to the Authority shall not be paid.

4.7. FIRM PRICE BIDS

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

4.8. ANTI-DISCRIMINATION

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

Contractor shall comply with the applicable provisions of the Pittsburgh Code of Ordinances, Title Six -

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

4.9. CONTRACTOR TO BE QUALIFIED AND RESPONSIBLE

Before any Bid Agreement is awarded subsequent to the execution of this Contract, prospective

Contractors must satisfy the Authority that they have the requisite organization, capital, plant, ability and experience to satisfactorily perform the work under this Contract in accordance with the terms and conditions herein and in conformity with the best modern practices and industry standards.

Award shall be made to the lowest responsible bidder on an item by item or low total basis as the

Authority determines is in its best interests. Bidders should be mindful that the lowest-priced bidder may not be the lowest responsible bidder. “Lowest responsible bidder” is defined in Pittsburgh’s

Authority Code and via established case law.

4.10. COLLUSION BETWEEN BIDDERS

If the Authority forms a reasonable belief that a prospective Contractor is interested in more than one proposal for the same project that is sufficient cause for rejection of all proposals in which collusion between bidders is suspected.

4.11. REJECTION OF BIDS

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

4.12. PAYMENT UNDER BID AGREEMENT

It is the intent of the Authority to pay all invoices resulting from work performed under a Bid Agreement for a Project within forty-five (45) calendar days from invoicing. The Authority CANNOT pay any

INTEREST CHARGES or LATE PAYMENT CHARGES. Any inclusion of such charges may disqualify the proposal from award consideration and/or will be disregarded by the Authority. Invoices for payment must be received within thirty (30) calendar days of the completion of work or delivery. Authority reserves the right to reject, not pay, or reduce total compensation for all invoices that are submitted more than 30 days after delivery of goods or completion of services. Payment for unit(s) will be processed only after unit(s) bid has/have been verified as complying with specifications and accepted by the Authority. All invoices shall be submitted to:

4.13. NOTICE OF AWARD

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

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

The Authority of Pittsburgh is obligated to comply with the Pennsylvania Worker and Community Right to Know and Superfund Amendments and Reauthorization Act (“SARA”) Title III laws. Successful

Contractors, where applicable, must submit a Material Safety Data Sheet (“MSDS”) for hazardous chemicals. Submit all Material Safety Data Sheets to:

4.15. PRICES

All prices submitted by the Bidder shall be based upon the following:

a. No taxes of any kind shall be included in any price.

b. All transportation costs of every kind, including transit insurance, required to effectuate the delivery of the items shall be included in every price. All items shall be delivered F.O.B. destination.

c. No discounts of any kind shall be included in any price. Discounts, if any, offered to the Authority for prompt payment shall be available for a period of not less than forty five (45) days after acceptance by the Authority of the items. If offered, discounts must apply to the total price of items as to which the

Authority accepts this Proposal, which may be fewer than the total number of items as to which the

Bidder proposes. The size of discounts, but not the length of time therefore after forty five (45) days, will be considered by the Authority in determining the lowest responsible bid meeting specifications.

d. All prices quoted shall be firm prices without contingencies for increase. No reference to price increases is permitted. No price increases will be permitted for any reason, including inflation or scarcity. The Bidder hereby expressly waives its right to the defense of impracticability of performance or similar defenses. No separate terms, including, but not limited to, interest of any kind or in any amount, may be included for late or partial payments by the Authority.

4.16. USE OF TRADE NAMES

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

4.17. INDEMNIFICATION

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

4.18. CONTRACTOR THROROUGHLY INFORMED AS TO WORK

Contractor hereby affirms that s/he has read each and every clause in the advertisement, Information to

Prospective Contractors, specifications and agreements relating to this work and fully understands the meaning of each, and hereby agrees that s/he will comply with all the terms, covenants and agreements herein set forth; and that s/he fully understands the character of the work to be performed under this contract.

4.19. SETTLEMENT OF DISPUTES

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

4.20. ASSIGNMENT; SUBCONTRACTING

Contractor shall not assign this contract or any right to monies to be paid hereunder without the written consent of Authority. None of the services covered by this contract shall be subcontracted without the prior written approval of Authority. It is further agreed that no subcontract, if consented to, shall under any circumstances relieve the Contractor of any liabilities and obligations under this Contract, and should any subcontractor fail to perform the work undertaken in a satisfactory manner, such subcontract must be terminated immediately and ended by the Contractor upon notice of the Authority

Chair so to do. The successful bidder shall be responsible to require his sub-contractors to comply with all of the insurance requirements of this agreement.

4.21. HOME RULE CHARTER

This contract is subject to the provisions of the Pittsburgh Home Rule Charter where applicable.

4.22. PREVAILING WAGE ORDINANCE

The Contractor agrees that section 161.16(e) of the Pittsburgh Code of Ordinances, stating that the

Contractor shall pay at least the applicable prevailing wages as shall have been determined by the

Secretary of Labor and Industry to the workers employed in the performance of any contract for public work subject to the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442), as amended August 9, 1963 (Act No. 342), and the regulations issued pursuant thereto, and all supplements and amendments thereto, shall be made a part of this Prequalified Contract as fully as if attached hereto, and that s/he will comply in all respects with the provisions thereof, insofar as the same affects this contract.

4.23. ANTI-SWEAT SHOP PROVISIONS

The Contractor certifies that none of their goods or products were made under sweatshop conditions as defined in § 161.02(e) of the City Code.

If the Authority is presented with information that would lead the Authority to reasonably believe that the Contractor or its suppliers may be obtaining goods or products for sale, re-sale, lease or rental to the

Authority that where made under sweatshop condition, upon request of the Authority, Contractor shall disclose information, data and materials reflecting Contractor’s practices as they pertain to the procurement and manufacturing of goods/products in compliance with the Anti-sweatshop provisions of

Pittsburgh Code Section 160.02.

4.24. WORKERS COMPENSATION

Contractor hereby agrees to perform the work described in this Contract in accordance with the terms herein and further certifies that it has accepted the provisions of the Worker's Compensation and

Occupational Disease Acts, as amended and supplemented, insofar as the work covered by this contract is concerned, and that it has insured its liability thereunder in accordance with the terms of the said

Acts, as evidenced by the certificate of insurance it has caused to be attached hereto, or will file with the

Authority before the execution of this Contract, a certificate of exemption form for insurance from the

Bureau of Workmen’s Compensation of the Department of Labor and Industry.

4.25. COMPLIANCE WITH LAWS

The unit(s) proposed to be furnished shall, at the time of delivery, conform in all respects with rules, regulations, and requirements of the unit code and all other laws, regulations, etc., relating to the Motor unit Code of the Commonwealth of Pennsylvania. In addition, the unit must comply at delivery with applicable City and Federal laws and regulations. All units must be delivered with the most current

Pennsylvania State Inspection sticker affixed. Any bid submitted must meet the Pennsylvania Buy-

American Laws and the Buy American requirements of section 1605 of the American Recovery and

Reinvestment Act of 2009, to the extent applicable.

4.26. GOVERNING LAW

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

4.27. DEBARMENT

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

4.28. STATEMENT OF AFFILIATIONS

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

4.29. TERMINATION

In addition to any rights of termination set forth elsewhere in this Contract or any related Bid

Agreement, the Authority may terminate this Contract at any time, without cause or liability, by giving

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

4.30. OPTION TO EXTEND

The Equipment Leasing Authority in cooperation with the successful Contractor(s) in regard to this

Contract, reserves the right to extend this Contract for up to ninety (90) days after the indicated expiration date. This mechanism would be utilized in the event that a lapse in the current Contract occurs before a new contract can be established for the demolition services required by the Authority.

When applicable, an extension notice will be issued defining the exact extension of this Contract; all other terms and conditions of the extended contract will remain in full force and effect.

4.31. NEW MATERIAL

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

4.32. ETIMATED QUANTITIES

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

4.33. DELIVERY POINT AND TIME

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

4.34. CONFORMANCE TO SPECIFICATIONS

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

4.35. FORCE MAJEURE

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

4.36. UNIQUE BIDS

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

4.37. PIGGYBACKING

It is understood that the goods and services described in the specifications may be purchased by the

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

4.38. NON-EXCLUSIVITY

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

4.39. BID ERRORS

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

4.40. PECIFICATION ERRORS AND BULLETINS (AMENDMENTS)

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

4.41. CLARIFICATION

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

4.42. QUALIFIED BIDDERS

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

4.43. SAMPLES

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

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

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

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

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

4. The laboratory which tests the samples shall report its results directly to both Authority and bidder.

4.44. PRE-PRINTED TERMS AND CONDITIONS

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

4.45. SOLICITATION ONLY

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

4.46. FATAL BID ERRORS

The following errors shall be deemed fatal and render the bid void:

a. Failure to sign the bid, or bond or both,

b. If the signatures are those of unauthorized persons, or

c. If there is no stated pricing.

All other errors may be waived at the sole discretion of the Authority if such errors would not invalidate a fair and just competitive bidding procedure free of favoritism and fraud and a common standard for all bidders.

4.47. CONTRACT

By submitting a bid, the bidder warrants that if the Authority makes an award to the bidder, bidder shall, at the option of the Authority, enter into a written contract with the Authority. This contract shall consist of the terms and conditions set forth in the Bid, Bulletins (if applicable), specifications, and these

General Conditions and Instructions to Bidders. If no bid bond or substitute is required and bidder fails or refuses to execute the required documents within thirty (30) days after award by Authority, bidder shall pay to the Authority the difference in the amount specified in bidder's bid and the amount

Authority shall pay to fulfill the specifications.

4.48. STEEL PRODUCTS

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

4.49. LAWSUITS BY OR AGAINST THE AUTHORITY

The Bidder hereby agrees to provide, without expense to the Authority, such evidence and information as may been its possession or reasonably available to it as may be useful, in the judgment of the

Authority, in any lawsuit filed or threatened to be filed by or against the Authority.

4.50. ASSIGNMENTS OF ANTITRUST CLAIMS

By submitting this Proposal to the Authority, the Bidder hereby offers to assign, sell and transfer to the

Authority all rights, title and interest in and to all causes of action which the Bidder may have under the antitrust laws of the United States of America or the Commonwealth of Pennsylvania, or any other state, for price fixing, which causes of action have accrued prior to the effective date of said assignment, and which relate solely to the particular items purchased or procured by the Authority pursuant to this

Proposal. Such offer of assignment shall be deemed to be accepted by the Authority upon final payment by the Authority to the Bidder for such items.

4.51. SEVERABILITY

In case any one or more of the provisions contained in this Proposal shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Proposal shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein

4.52. EXAMINATION OF FINANCIAL RECORDS

Bidder/Contractor shall maintain books, program and financial records, documents and other evidence pertaining to costs and expenses related to this Bid/Agreement in such detail as will properly reflect all costs of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature for which Authority funding has been provided under the provisions of this Bid/Agreement. The

Bidder/Contractor shall maintain such books, records, documents and other materials in accordance with Generally Accepted Accounting Principles, where applicable. The Bidder/Contractor shall provide access, during normal business hours, to such books, program and financial records, documents and other evidence upon request of the Mayor, the Authority Controller or their designees upon receipt of reasonable advance notice, either oral or written. Bidder’s/Contractor’s books, records, program and financial records, documents and other evidence pertaining to services provided under this

Bid/Agreement shall be preserved and made available for a period of three (3) years following the termination of this Bid/Agreement. The Mayor, the Authority Controller or their designees may audit, examine, review, photocopy, and/or make excerpts or transcripts of any of Bidder’s/Contractor’s books, records, program and financial records, documents and other evidence. Any deficiencies noted in any audit reports or otherwise must be fully resolved by the Bidder/Contractor, to the Authority’s sole satisfaction, within thirty (30) days after the Bidder’s/Contractor’s receipt of written notice of such deficiencies. Failure of the Bidder/Contractor to comply with the provisions set forth in this paragraph may constitute a violation of this Bid/Agreement and, at the Authority’s sole discretion, may result in the Authority withholding future payments.

4.53. AUTHORIZATION

This Agreement is entered into by the City of Pittsburgh pursuant to City Code § 161.01A and subsequent authorizing resolution and the ELA by the authority granted to it under the Municipal

Authorities Law, 53 PS 301 et seq.

4.54. ENSURING EQUAL EMPLOYMENT OPPORTUNITY FOR PERSONS PREVIOUSLY

CONVICTED

CONSULTANT shall comply with Pittsburgh Code Section 161.16A.

5. Federal Funding Requirements

Note: If any of these supplemental conditions are addressed in other areas of the contract documents the more stringent of the requirements will be enforced..

5.1. Breach of Contract Terms

Any violation or breach of terms of this contract on the part of the Contractor may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this contract. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

5.2. Termination of Contract for Cause

If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this

Contract, the ELA shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor under this

Contract shall, at the option of the ELA, become its property.

Notwithstanding the above, the Contractor shall not be relieved of liability to the ELA of Pittsburgh for damages sustained by the ELA of Pittsburgh by virtue of any breach of the Contract by the Contractor, and the ELA may withhold any payment to the Contractor for the purpose of set-off until such time as the exact amount of damages due the ELA from the Contractor is determined.

5.3. Termination

The ELA may terminate this Contract at any time giving at least ten (10) days notice in writing to the

Contractor. If the Contract is terminated by the ELA as provided herein, the Contractor will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the Contractor, Paragraph 1(Breach of Contract) hereof relative to termination shall apply.

Notwithstanding the above, the Contractor shall not be relieved of liability to the ELA for damages sustained by the ELA by virtue of any breach of the Contract by the Contractor, and the ELA may withhold any payment to the Contractor for the purpose of set-off until such time as the exact amount of damages due the ELA from the Contractor is determined.

5.4. Equal Employment Opportunity

During the performance of this Contract, the Contractor agrees as follows:

A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, ancestry, place of birth, religion, sex, sexual orientation, color, age, familial status, handicap, or national origin. Contractor shall comply with the applicable provisions of the

Pittsburgh City Code, Title Six: Conduct, Article V: Discrimination, and any amendments thereto.

Contractor shall comply with the applicable provisions of Title I and Title II of the Americans with

Disabilities Act, and any amendments thereto and any regulations issued thereunder. Contractor shall incorporate in any subcontracts or purchase orders which may be permitted under the terms of this contract a requirement that subcontractors shall also comply with the provisions of this Section.

B. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, ancestry, place of birth, religion, sex, sexual orientation, color, age, familial status, handicap, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The

Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the ELA setting forth the provision of this non-discrimination clause.

C. The Contractor will, in all solicitation or advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment with regard to race, color, ancestry, place of birth, religion, sex, sexual orientation, color, age, familial status, handicap, or national origin.

D. The Contractor will cause the foregoing provisions inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontract for standard commercial supplies or raw materials.

E. The Contractor will comply with all provisions of US Executive Order 11246 of September 24, 1965, as amended by US Executive Order 11375 and as supplemented in US Department of

Labor Regulations (41 CFR, Part 60), and of the rules, regulations, and relevant orders of the US

Secretary of Labor.

F. The Contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the ELA and the

Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

G. In the event of the Contractors non-compliance with the non-compliance clauses of this

Agreement or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for future Government contracts in accordance with procedures authorized in Executive Order

11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

5.5. Civil Rights Acts of 1964 and 1988, as Amended

Under Title VI of the Civil Rights Act, as amended, no person shall, on the grounds of race, color, creed, sex, familial status, handicap, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

5.6. Section 109 of the Housing and Community Development Act of 1974, as Amended

No person in the United States shall on the grounds of race, color, national origin, familial status, handicap, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.

5.7. Section 3 Compliance in the Provision of Training, Employment, and Business Opportunities

A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the U.S. Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Community Development

Act, as amended, Section 3 requires that to the greatest extent feasible opportunities for training an employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.

B. The parties of this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of U.S. Housing and Urban Development set forth in 24

CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.

C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this

Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.

D. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of U.S. Housing and Urban

Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under

24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors, and subcontractors, its successors an assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.

5.8. MBE/WBE Participation

(Applicable only in contracts for $25,000 or more). Contractor agrees to assist ELA's efforts to encourage the participation of minorities and women in ELA contracts by making a good faith effort to utilize women and minorities in performing the work required by this Contract. The final payment under this

Contract will not be made until Contractor submits a report to ELA detailing the following information.

A. The percentage and dollar amount of the contract paid to Minority Business Enterprises along with the names, addresses and telephone numbers of said Minority Business Enterprises;

B. The percentage dollar amount of the contract paid to Womens Business Enterprises along with the name, addresses and telephone numbers of Womens Business Enterprises; and

C. The goals and timetables for MBE or WBE workforce in each trade on all construction work in the covered area. For purposes of this Notice, the covered area is Pittsburgh SMSA (Allegheny, Washington, Beaver, and Westmoreland Counties);

D. An explanation of any failure to achieve the goals for Minority Business Enterprises and Women

Business Enterprises participation which had been represented to ELA prior to the award of the contract.

5.9. Compliance with the Copeland Act

The Contractor shall comply with the Copeland Anti- Kickback Act (18 U.S.C. 874) as supplemented in

Department of Labor regulations (29 CFR. Part 3).

5.10. Compliance with the Davis-Bacon Act

The Contractor shall comply with the Davis-Bacon Act the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5) as applicable.

5.11. Compliance with §103 and §107 of the Contract Work Hours and Safety Standards Act

A. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty

(40) hours in such workweek

B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (a) of this section, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages.