Steel_and_Wood_Park_Benches.pdf

INVITATION FOR BID

2023-IFB-115

STEEL AND WOOD PARK BENCHES

City of Pittsburgh

City-County Building

Pittsburgh, PA 15219

RELEASE DATE: August 10, 2023

DEADLINE FOR QUESTIONS: August 25, 2023

RESPONSE DEADLINE: September 7, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of Pittsburgh

INVITATION FOR BID

Steel and Wood Park Benches

I. Introduction II. Instructions to Bidders

III. Equal Opportunity Review Commission Terms IV. General Terms and Conditions V. Scope of Work

VI. Vendor Questionnaire VII. Pricing Proposal

Attachments:

A - 8' Bench Spec

B - 6' Bench Spec

Invitation for Bid #2023-IFB-115 Title: Steel and Wood Park Benches

1. INTRODUCTION

1.1. Summary

The City of Pittsburgh Office of Management and Budget, on behalf of the Department of Public Works, is soliciting bids from qualified vendors for Steel and Wood Park Benches.

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:

Office of Management & Budget

1.3. Timeline

Release Project Date August 10, 2023

Question Submission Deadline August 25, 2023, 5:00pm

Bid Submission Deadline September 7, 2023, 2:00pm

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

Bid Opening September 7, 2023, 3:00pm

Office of Management & Budget

Bureau of Procurement

414 Grant Street, Room 502

Bids will be publicly opened in the presence of a

Sourcing Specialist and a representative from the

Office of the Controller, or their designee.

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

Period of Contract September 1, 2023 through August 31, 2025 with two, one-year options to renew.

2. INSTRUCTIONS TO BIDDERS

2.1. BID SUBMISSIONS

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

2.2. BID ERRORS

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

2.3. SPECIFICATION ERRORS AND BULLETINS (AMENDMENTS)

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

2.4. CLARIFICATION

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

2.5. QUALIFIED BIDDERS

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

2.6. PRE-PRINTED TERMS AND CONDITIONS

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

2.7. SOLICITATION ONLY

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

2.8. FATAL BID ERRORS

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

2.9. CONTRACT

By submitting a bid, the bidder warrants that if the City makes an award to the bidder, bidder shall, at the option of the City, enter into a written contract with the City. This contract shall consist of the terms and conditions set forth in the solicitation, specifications, and these General Conditions and Instructions to Bidders. If no bid bond or substitute is required and bidder fails or refuses to execute the required documents within thirty (30) days after award by City, bidder shall pay to the City the difference in the amount specified in bidder's bid and the amount City shall pay to fulfill the specifications.

2.10. ALTERATIONS/CORRECTIONS

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

2.11. COLLUSION BETWEEN BIDDERS

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

2.12. REJECTION OF BIDS

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

2.13. UNIQUE BIDS

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

3. EQUAL OPPORTUNITY REVIEW COMMISSION TERMS

3.1. MWE/DBE

The City of Pittsburgh is committed to the ideal of providing all citizens an equal opportunity to participate in City and its Authorities' contracting opportunities. It is therefore the City's goal to encourage increased participation of women and minority groups in all City contracts. The City requires that all respondents demonstrate good faith efforts to obtain the participation of Minority-Owned

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

Pittsburghs Equal Opportunity Review Commission (EORC). In order to ensure that there are opportunities for historically disadvantaged minority groups and women to participate on Covered

Contracts, and consistent with the City's current equal employment opportunity practice and goals, the

EORC will review contracts to include an evaluation of a developer/contractors employment of minority groups and women, encourage goals of eighteen (18) percent and seven (7) percent respectively.

3.2. Veteran-Owned Small Business

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

The City of Pittsburgh shall have an annual goal of not less than five (5) percent participation by veteran-owned small businesses in all contracts. The participation goal shall apply to the overall dollar amount expended with respect to the contracts. The City requires that all respondents demonstrate good faith efforts to obtain the participation of veteran-owned small business in work to be performed under City contracts. The levels of veteran-owned participation will be monitored by the City of Pittsburghs EORC.

3.3. Good Faith Commitment

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

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

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

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

Section 161.40 of the City Code.

4. GENERAL TERMS AND CONDITIONS

4.1. INVOICING TERMS

All invoices must contain the following information. The City of Pittsburgh will no longer accept "lump sum" invoicing:

• The City of Pittsburgh Purchase Order Number (e.g. 123456OC)

• The City Controller Number

• Pricing breakdown on the invoice is to align to the pricing listed on the contract o For all Cost Plus Percent line items, you must list both the cost of the item and the price we are being charged on the invoice so we can ensure we are getting the contracted price o If you have labor hours, they should be separated from the cost of parts

• The awarded supplier should provide proof of the cost of goods along with the invoice

• Payment will be Net 45 days

4.2. DEFINITIONS

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

CONTRACTOR: The contracting party or parties, or such party or parties seeking to enter into a contract with the City of Pittsburgh, as the case may be, or the legal representatives of such party or parties.

4.3. EXECUTION OF BIDS

Bids are to be executed by the following persons:

CORPORATION – A corporate officer with authority to make binding agreements for the corporation.

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

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

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

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

SOLE PROPRIETORSHIP - The individual owner.

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

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

Name

4.4. PERFORMANCE AND/OR PAYMENT BOND

The successful bidder may be required to furnish a performance and/or payment bond with suitable reasonable requirements guaranteeing performance of the contract, with sufficient surety in the amount of one hundred (100) percent of the amount of the contract, within thirty (30) days after the contract has been awarded, unless the Purchasing Officer shall prescribe a shorter period. Upon failure to furnish any required bond within such time, the previous award shall be void and the contract may be awarded to the next lowest responsible bidder meeting the specifications.

4.5. INSURANCE

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. CITY OF PITTSBURGH must be listed as "Additional Insured' on the insurance certificate on all policies except those in which no additional insured is permitted (e.g., some professional liability)

1. 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.

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

C. WORKERS’ COMPENSATION: STATUTORY LIMITS.

D. AUTOMOTIVE LIABILITY INSURANCE – MINIMUM REQUIREMENTS: $500,000 for each individual occurrence and $1,000,000 in aggregate coverage. This requirement may be explicitly waived by the City when appropriate. •PROFESSIONAL LIABILITY (required at City request): 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:

Office of Management & Budget, Procurement

Room 502, City-County Building

414 Grant Street

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 agreement. The insurance requirements of this provision shall be in addition to any other insurance requirements of this

Contract.

4.6. TAX STATUS OF CITY

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

Pittsburgh by the bidder.

4.7. PAYMENT OF TAXES AND SET-OFF

Contractor warrants that any and all taxes or municipal claims that may be payable to the City of

Pittsburgh by Contractor are current and not delinquent. If the City determined that there is an outstanding delinquency, that delinquency must be satisfied before a contract will be awarded to the delinquent Contractor. If any taxes or municipal claims become delinquent or owing during the term of this agreement or prior to final payment by City, Contractor hereby grants City the right to set-off that indebtedness against any amounts owing to contractor under the terms of this Contract and/or any associated agreement. If, at any time, the Contractor fails (or has failed) to enter into any contract awarded by the City, the City expressly reserves the right to recoup any and all costs associated with rebidding or re-awarding of any contract awarded to this Contractor to another Contractor. City reserves the right to apply set-off payments in whatever manner it deems appropriate.

4.8. FIRM PRICE BIDS

The City cannot allow escalation of prices during the contract term. All contracts are for fixed prices.

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

4.9. ANTI-DISCRIMINATION

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

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

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

4.10. CONTRACTOR TO BE QUALIFIED AND RESPONSIBLE

Before any agreement is awarded subsequent to the execution of this Contract, prospective Contractors must satisfy the City that they have the requisite organization, capital, plant, ability and experience to satisfactorily perform the work under this Contract in accordance with the terms and conditions herein and in conformity with the best modern practices and industry standards. Award shall be made to the lowest responsible bidder on an item by item or low total basis as the City determines is in its best interests. Bidders should be mindful that the lowest-priced bidder may not be the lowest responsible bidder. “Lowest responsible bidder” is defined in Pittsburgh’s City Code and via established case law.

4.11. PAYMENT UNDER AGREEMENT

It is the intent of the City to pay all invoices resulting from work performed under an agreement within forty-five (45) calendar days from invoicing. The City CANNOT pay any INTEREST CHARGES or LATE

PAYMENT CHARGES. Any inclusion of such charges may disqualify the proposal from award consideration and/or will be disregarded by the City.

Invoices for payment must be received within thirty (30) calendar days of the completion of work or delivery. City reserves the right to reject, not pay, or reduce total compensation for all invoices that are submitted more than 30 days after delivery of goods or completion of services.

4.12. NOTICE OF AWARD

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

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

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

Know and Superfund Amendments and Reauthorization Act (“SARA”) Title III laws. Successful

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

Submit all Material Safety Data Sheets to:

Office of Management & Budget, Procurement

Room 502, City-County Building

414 Grant Street

4.14. PRICE LISTS AND CATALOGUES

When price lists are required for a proposal, they are submitted with the bid for the sole purpose of providing an audit reference for the various items on the price list and the manufacturer's price for each item. Price list pricing, as the price list and pricing is stated in the contract, will remain firm for the duration of the contract regardless of manufacturers’ price list changes that may occur during the term of the contract, unless otherwise agreed in the contract. Any reference, which may appear on any price list, to any terms and conditions, such as F.O.B. shipping point or prices subject to change, will not be part of any contract with successful bidders and will be disregarded by the City. Any attempts to enforce such terms and conditions will be considered a material breach of the contract and may result in termination of the contract. Contractors agree to supply the using departments of the City with copies of additional catalogues and price lists as requested.

4.15. USE OF TRADE NAMES

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

4.16. INDEMNIFICATION

Contractor hereby agrees to indemnify, save and hold harmless, and defend City, 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.

4.17. CONTRACTOR THOROUGHLY INFORMED AS TO WORK

Contractor hereby affirms that s/he has read each and every clause in the advertisement, specifications and agreements relating to this work, and fully understands the meaning of each, and hereby agrees that s/he will comply with all the terms, covenants and agreements herein set forth; and that s/he fully understands the character of the work to be performed under this contract.

4.18. SETTLEMENT OF DISPUTES

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

4.19. ASSIGNMENT; SUBCONTRACTING

Contractor shall not assign this contract or any right to monies to be paid hereunder without the written consent of City. None of the services covered by this contract shall be subcontracted without the prior written approval of City. It is further agreed that no subcontract, if consented to, shall under any circumstances relieve the Contractor of any liabilities and obligations under this Contract, and should any subcontractor fail to perform the work undertaken in a satisfactory manner, such subcontract must be terminated immediately and ended by the Contractor upon notice of the Director so to do. The successful bidder shall be responsible to require his sub-contractors to comply with all of the insurance requirements of this agreement.

4.20. HOME RULE CHARTER: LIABILITY OF CITY

This contract is subject to the provisions of the Pittsburgh Home Rule Charter; and the liability of City thereunder is limited to amounts authorized by Resolutions of Pittsburgh City Council.

4.21. PREVAILING WAGE ORDINANCE

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

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

Controller pursuant to the City of Pittsburgh Service Worker Prevailing Wage Ordinance, Title I, Article

VII, Section 161.38(I)(B), and as shall have been determined by the Secretary of Labor and Industry to the workers employed in the performance of any contract for public work subject to the Pennsylvania

Prevailing Wage Act approved August 15, 1961 (Act No. 442), as amended August 9, 1963 (Act No. 342), and the regulations issued pursuant thereto, and all supplements and amendments thereto, shall be made a part of this agreement as fully as if attached hereto, and that s/he will comply in all respects with the provisions thereof, insofar as the same affects this contract.

4.22. ANTI-SWEATSHOP PROVISIONS

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

City, Contractor shall disclose information, data and materials reflecting Contractor’s practices as they pertain to the procurement and manufacturing of goods/products in compliance with the Anti-sweatshop provisions of Pittsburgh Code Section 160.02.

4.23. WORKERS COMPENSATION

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

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

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

Director of the Office of Management and Budget before the execution of this Contract, a certificate of exemption form for insurance from the Bureau of Workmen’s Compensation of the Department of

Labor and Industry.

4.24. COMPLIANCE WITH LAWS

Contractor shall fully obey and comply with all Federal, State and Local laws, statutes, ordinances, resolutions, and administrative regulations, which are or should be applicable to any work performed under this Contract. Contractor agrees to maintain throughout duration of the contact, all necessary city, county and state licenses and approvals as applicable (including required professional licenses and exams), and to immediately notify the City of Pittsburgh, Office of Management & Budget of any loss or changes of licenses and approvals.

4.25. GOVERNING LAW

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

4.26. DEBARMENT

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

4.27. STATEMENT OF AFFILIATIONS

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

4.28. TERMINATION

In addition to any rights of termination set forth elsewhere in this Contract or any related agreement, the City may terminate this Contract at any time, without cause or liability, by giving Contractor thirty

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

4.29. OPTION TO EXTEND

The City, reserves the right to extend this Contract for up to ninety (90) days after the indicated expiration date. This mechanism would be used in the event that a lapse in the current Contract occurs before a new contract can be established for the services required by the City. When applicable, an extension notice will be issued defining the exact extension of this Contract; all other terms and conditions of the current contract will remain in full force and effect.

4.30. NEW MATERIAL

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

4.31. ESTIMATED QUANTITIES

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

4.32. DELIVERY POINT AND TIME

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

4.33. FORCE MAJEURE

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

4.34. PIGGYBACKING

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

4.35. NON-EXCLUSIVITY

The City reserves the right at its sole discretion to utilize other contracts (such as Commonwealth of

Pennsylvania or County of Allegheny contracts) for the goods or services described herein. The City also reserves, at its sole discretion, the right to solicit separately any services that may be included in this agreement.

4.36. SAMPLES

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

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

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

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

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

4.37. PRE-PRINTED TERMS AND CONDITIONS

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

4.38. STEEL PRODUCTS

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

4.39. EXAMINATION OF FINANCIAL RECORDS

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

Accounting Principles, where applicable. The Contractor shall provide access, during normal business hours, to such books, program and financial records, documents and other evidence upon request of the

Mayor, the City Controller, or their designees upon receipt of reasonable advance notice, either oral or written. Contractor’s books, records, program and financial records, documents and other evidence pertaining to services provided under this Agreement shall be preserved and made available for a period of three (3) years following the termination of this Agreement. The Mayor, the City Controller, or their designees may audit, examine, review, photocopy, and/or make excerpts or transcripts of any of

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

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

4.40. AUTHORIZATION

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

5. SCOPE OF WORK

5.1. Definitions

General: Standard coating terms defined in ASTM D16 (https://www.astm.org/Standards/D16) apply to this Section.

"Flat" means a lusterless or matte finish with a gloss range below 15 when measured at an 85-degree meter.

"Eggshell" means a low-sheen finish with a gloss range between 20 and 35 when measured at a 60-degree meter.

"Semi-gloss" means a medium-sheen finish with a gloss range between 35 and 70 when measured at a

60-Degree meter.

"Full gloss" means a high-sheen finish with a gloss range more than 70 when measured at a 60-degree meter.

5.2. Bench Specifications

Please see attachments A and B for further details.

Pittsburgh Historic Bench-6' Bench

Pittsburgh Historic Bench-8' Bench

Frame: Painted Steel, zinc primed and powder coated black (2 coats)

Wood Seat and Back: Unfinished Quartersawn White Oak: select grain or better, vertical grain.

Arms: Painted Steel (3 on 6' bench; 4 on 8' bench; inner arms align with all legs)

Seat Height: As indicated on drawings.

Overall Height: As indicated on drawings.

Overall Width: As indicated on drawings.

Overall Depth: As indicated on drawings.

Seat Surface Shape: Flat, contoured to metal frame shape as indicated on drawings.

Unit Configuration: Curved concave/ convex to radius indicated on drawings.

Assembled Configuration: To match historic bench as indicated on Drawings and in historic photograph.

Steel Finish: Primed and painted.

Color: As selected by Representative of the City of Pittsburgh Department of Public Works from manufacturer's full range.

*See painting specification section for painting requirements

5.3. Manufacturers

The acceptable manufactures (or approved equal) are listed below:

Architectural Iron Company, Milford, PA 18337, (800) 442-4766

Furniture Pro Corp., Spring Valley, NY 10977, (800) 737-96 98

5.4. Performance Requirements

General: Fabricate bench to withstand loads indicated, determine allowable design working stresses of metal and wood materials based on the following.

Steel: 72 percent of minimum yield strength

Structural Performance: Provide bench capable of withstanding the effects of gravity loads and the following loads and stresses within limits and under conditions indicated: Uniform load of 50 lbf/ft.

(0.73kN/m) applied in any direction.

Concentrated load of 200 lbf (0.89kN) applied in any direction.

Uniform and concentrated loads need not be assumed to act concurrently.

Concentrated load of 200 lbf (0.89kN) applied in any direction.

Uniform and concentrated loads need not be assumed to act concurrently.

Control of Corrosion: Prevent galvanic action and other forms of corrosion by insulating metals and other materials from direct contact with incompatible materials.

Applicator Qualifications: A firm or individual experienced in applying paints and coatings similar in material, design, and extent to those indicated for this Project, whose work has resulted in applications with a record of successful in-service performance.

5.5. Submittals

Product Date: For each type of product indicated, include construction details, material descriptions dimensions of individual components and profiles, finishes, field-assembly requirements and installation details.

Samples for Initial Selection:

Clear unfinished quartersawn white oak wood, select grade or better, as specified on bench drawings

Submit sample showing overall form and quality of wood to be used. Include samples of beveled and

Radius edges as indicated on bench drawing and historic photograph.

Submit not less than three planks of 4'-0" in length to show full range of wood characteristics and quality.

Samples for Verification: For each type of exposed finish required, prepared on samples of size indicated below.

• Size: Not less than 12-inch- (300-mm-) long linear

• Steel: steel frame/standard components used in bench fabrication and assembly.

• Steel Rivets: for bench assembly.

• Sample of riveted connection.

• Sample of bolted connection (steel and wood).

Painted metal; for color and finish

Material Certificates: For furnishings construction, signed by manufacturers.

Sustainably Harvested Wood: Include certification by manufacturer and from sources that participate in sustained yield programs.

Mock-up of component parts: Provide a full-size assembled bench, metal assembly of the leg, seat/back support and arm rest as indicated on the drawings.

Make minor modifications to bench as directed by the Representative of the City of Pittsburgh

Department of Public Works.

Modifications to comply with the design intent as indicated on contract drawings and to match prototype bench as made available by the Pittsburgh Department of Public Works.

Failure to provide a satisfactory component assembly shall be sufficient reason for termination of the contract.

Mockup is only needed from companies who have not yet produced these benches for the City of

Pittsburgh.

5.6. Quality Assurance

Source Limitations: Engage site furnishing manufacturer or fabricator with 5 years in experience in construction, fabrication and installation of similar public furnishings.

Provide a list of similar products fabricated a regional locations of fabrication installations.

Obtain materials through one source for each material used in fabrication and installation.

5.7. Materials

Steel: Free from surface blemishes and complying with the following:

Shapes and bars: ASTM A36 (https://www.astm.org/Standards/A36), hot rolled.

Welded frame

Fabricated with 1 ½” x 3/8” steel frame

Wood: Surfaced smooth on four sides with eased edges; kiln dried; free of sapwood, knots, cracks and surface checking; solid stock of species indicated.

Unfinished Quarter sawn White Oak: select grade or better, vertical grain.

Finish: none

Top Slat: 1-1/4" x 3-3/4" x 6' or 8'

Bench Slat: 1-1/4" x 2-1/2" x 6' or 8'

1/4" Beveled edges and ends of bench back and seat slats.

Pocket recesses on underside of front bench seat plank (three [3] locations on six-foot bench, four [4] location on eight-foot bench).

Fasteners: Nuts, Bolts, and Washers are to be Black powder coated Stainless Steel

5.8. Fabrication and Assembly

Steel Components: Form to required shapes and sizes with true, consistent curves, lines, and angles.

Separate metals from dissimilar materials to prevent electrolytic action.

Steel Bar and Bench Frame Standards: Form simple and compound curves by bending members in jigs to produce uniform curvature for each repetitive configuration required; maintain cross section of member throughout entire bend without buckling, twisting, cracking, or otherwise deforming exposed surfaces of bench components.

Steel Surfaces: Maintain prime coat on steel during fabrication operations to prevent full oxidation of metal surfaces. Re-prime as necessary. Bare metal steel components are not permitted.

Connections – All frame components are to be welded.

Exposed Surfaces: Sanded, or otherwise finished; smooth all surfaces, free from burrs, barbs, splinters, and sharpness: all edges and ends rolled, rounded, or capped.

Shop Assembly: Item #1-8 and #25-28 Assemble components in the shop; field assembly is not permitted.

Shipping: Complete and in a protected manner to prevent scratches and damage.

5.9. General Finishes

Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" https://www.naamm.org/ for recommendations for applying and designating finishes.

Appearance of Finished Work: Variations in appearance of abutting or adjacent bench component pieces are acceptable if they are within one-half of the range of approved Samples. Noticeable variations in the same piece are not acceptable. Variations in appearance of other components are acceptable if that they are within the range of approved Samples and are assembled or installed to minimize contrast.

Steel components to be primed and painted.

5.10. Examination

Examine full size bench mock-up with Representative of the City of Pittsburgh Department of Public

Works present, for compliance with requirements for correct fabrications to drawings and specifications as provided and agreed to, including tolerances and other conditions affecting performance. Proceed with installation only after unsatisfactory conditions have been corrected.

5.11. General Packaging and Delivery

Deliver fabricated benches to location as determined and agreed to with the City of Pittsburgh

Department of Public Works. Unless otherwise indicated, carefully unload benches to avoid any damage to finishes or materials. Remove packing and transport materials from benches including any tape or binding materials that may have caused damage to finish or materials. Make necessary repairs and I or replacement of materials or finishes that have been damaged during packaging and delivery operations. Arrange benches in the location agreed to, arranging them on level ground and in a way to avoid any dislodging or damage. Secure approval of shipment by signed receipt of authorized representative of the City of Pittsburgh Department of Public Works. Remove all packing debris and/or equipment and dispose of same legally and off-site.

5.12. Submittals

All submittals must be provided to the City of Pittsburgh upon request.

Product Data: For paint system indicated, include primers.

Paint for metal components.

Manufacturer’s Information: Manufacturer's technical information, including label analysis and instructions for handling, storing, and applying each coating material.

Samples for Initial Selection: For type of finish-coat material indicated.

Contractor to provide chip samples of the manufacturer's standard color for initial selection by a

Representative of the City of Pittsburgh Department of Public Works.

Samples for Verification: For color and finishes on actual substrate material, to simulate actual conditions of finished product.

Submit three (3) samples on the following substrates for Representative of the City of Pittsburgh

Department of Public Works, review of color and texture only:

• Ferrous Metal: 6-inch (150-mm-) long by full width and thickness, samples of painted metal.

• Final approval of color and finish will be based on acceptance of finish samples.

Qualification Data: For applicator.

5.13. Quality Assurance

Source Limitations: Obtain primer and finish coat materials from the same manufacturer.

MPI Standards: https://ihsmarkit.com/products/mpi-standards.html#

Products: complying with MPI Standards indicated and listed in its "MPI Approved Products List".

5.14. Acceptable Paint Manufacturers

Available Products: subject to compliance with requirements, products that may be incorporated into the work.

Manufacturers' Names: shortened version (shown in parentheses) of the following manufacturers' names.

• Benjamin Moore & Co. (Benjamin Moore)

• PPG Industries, Inc. (Pittsburgh Paints)

• Sherwin-Williams Co. (Sherwin-Williams)

• Dunn Edwards Corporation

• Valspar/ McCloskey

• Janovic Plaza

5.15. General Paint Materials

Material Compatibility: Provide primers and finish-coat materials that are compatible with one another and with the substrates indicated under conditions of service and application as demonstrated by manufacturer, based on testing and field experience.

Material Quality: Provide manufacturer's best-quality paint and varnish material of the various coating types specified that are factory formulated and recommended by manufacturer for application indicated. Paint and Polyurethane material containers not displaying manufacturer's product identification will not be acceptable.

Proprietary Names: Use of manufacturer's proprietary product names to designate colors or materials is not intended to imply that products named are required to be used to the exclusion of equivalent products of other manufacturers. Furnish manufacturer's material data and certificates of performance for proposed substitutions.

Colors: As selected by Representative of the City of Pittsburgh Department of Public Works from manufacturer's full range.

5.16. Application Conditions

Apply waterborne paints only when temperatures of surfaces to be painted and surrounding air are between 50 and 90 deg F (10 and 32 deg C).

Apply solvent-thinned paints only when temperatures of surfaces to be painted and surrounding air are between 45 and 95 deg F (7 and 35 deg C).

Do not apply paint in snow, rain, fog, or mist; or when relative humidity exceeds 85 percent; or at temperatures less than 5 deg F (3 deg C) above the dew point; or to damp or wet surfaces.

Painting may continue during inclement weather if surfaces and areas to be painted are endosed and heated within temperature limits specified by manufacturer during application and drying periods.

5.17. Exterior Paint Schedule

Ferrous Metal: Provide the following finish systems over exterior ferrous metal.

Primer is not required on shop primed items.

Primer: Exterior ferrous-metal primer.

Finish Coats: Gloss epoxy modified enamel Black.

5.18. Exterior Primers

Exterior Ferrous-Metal Primer: Factory-formulated rust-inhibitive metal primer for exterior application. Must be one of the three manufacturers below.

• Benjamin Moore: Moore's IMC Alkyd Metal Primer No. M06: Applied at a dry film thickness of not less than 2.0mils (0.051 mm)

• Pittsburgh Paints; 90-712 Pitt-Tech One Pack Interior/ Exterior Primer Finish DTM Industrial

Enamel; Applied at a dry film thickness of not less than 3.0 mils (0.076 mm)

• Sherwin-Williams; Kem Kromik Universal Metal Primer B50NZ6/B50WZ1: Applied at a dry film thickness of not less than 3.0 mils (0.076 mm)

5.19. Examination

Examine substrates and conditions for compliance with requirements for paint application, including compliance with requirements for maximum moisture content and other conditions affecting performance of work.

Maximum Moisture Content of Wood Substrates:15 percent when measured with electronic moisture meter

Verify compatibility with and suitability of substrate.

Proceed with paint application only after unsatisfactory conditions have been corrected and surfaces receiving finishes are thoroughly dry.

Notify City of Pittsburgh Department of Public Works Representative about anticipated problems when using the materials specified over substrates if primed by others in advance a/finish application.

Coordination of Work: Schedule work to allow for full painting of metal bench components prior to assembly including attachment of wood slats.

Repair and correct any painted surfaces that become damaged, or finish blemished from assembly operations.

5.20. Preparation

General: Comply with manufacturer's written instructions and recommendations in "MPI Architectural

Painting Specification Manual" applicable to substrates in use.

Apply paint in advance of bench assembly. Touch up and repair any damaged painted surfaces as a result of assembly operations.

Paint exposed nut and bolt connections at the rear and underside of bench following assembly.

Surface Preparation: Clean and prepare surfaces to be painted according to manufacturer's written instructions for each particular substrate condition and as specified.

Ferrous Metals: Clean ungalvanized ferrous-metal surfaces that have not been shop coated; remove oil, grease, dirt, loose mill scale, and other foreign substances. Use solvent or mechanical cleaning methods that comply with SSPC's. recommendations. (https://sspc.org/standards/)

Blast steel surfaces clean as recommended by paint system manufacturer and according to SSOC-

SP10/NACE No. 2. (https://sspc.org/standards/)

Treat bare and sandblasted or pickled clean metal with a metal treatment wash coat before priming.

Touch up bare areas and shop-applied prime coats that have been damaged. Wire-brush, clean with solvents recommended by paint manufacturer and touch up with same primer as the shop coat.

Material Preparation: Mix and prepare paint materials according to manufacturer's written instructions.

Maintain containers used in mixing and applying paint in a clean condition, free of foreign materials and residue.

Stir material before application to produce a mixture of uniform density. Stir as required during application. Do not stir surface film into material. If necessary, remove surface film and strain material before using.

Use only thinners approved by paint manufacturer and only within recommended limits.

5.21. Application Conditions

Scheduling Painting and Polyurethane Applications: Apply first coat to surfaces that have been cleaned, pretreated, or otherwise prepared for paint and varnish as soon as practical after preparation and before subsequent surface deterioration.

The number of coats and film thickness required are the same regardless of application method. Do not apply succeeding coats until previous coat has cured as recommended by manufacturer. If sanding is required to produce a smooth, even surface according to manufacturer's written instructions, sand between applications.

Omit primer over metal surfaces that have been shop primed and touchup painted.

If undercoats, stains, or other conditions show through final coat of paint, apply additional coats until paint film is of uniform finish, color, and appearance. Give special attention to ensure that edges, https://sspc.org/standards/) https://sspc.org/standards/) corners, crevices, welds, and exposed fasteners receive a dry film…