Monday, September 30, 2013, 3:00PM

Transcription

1 RICH FITZGERALD COUNTY EXECUTIVE LUKE RAVENSTAHL MAYOR On behalf of the City of Pittsburgh DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PURCHASING AND SUPPLIES REQUEST FOR QUALIFIED VENDORS for PRE-QUALIFIED CONTRACT FOR MAINTENANCE AND REPAIRS OF STEPS, STAIRWAYS, AND OTHER RELATED CITY PROPERTY, ETC. SPECIFICATION NO DUE DATE: Monday, September 30, 2013, 3:00PM SUBMIT TO: Division of Purchasing and Supplies Allegheny County Courthouse 436 Grant Street, Room 206 Pittsburgh, PA Include one (1) original and one (1) identical photocopy of agreement. Both documents must be in one sealed envelope clearly stating the Specification Number. Nicholas Calabrese Purchasing Agent

2 DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PURCHASING AND SUPPLIES RICH FITZGERALD COUNTY EXECUTIVE 206 COURTHOUSE 436 GRANT STREET PITTSBURGH, PA PHONE (412) FAX (412) TIMOTHY H. JOHNSON DIRECTOR JOHN DEIGHAN, CPCP CHIEF PURCHASING OFFICER Dear Bidder: Allegheny County on behalf of the City of Pittsburgh invites you to participate in a new prequalified contract for PRE-QUALIFIED CONTRACT FOR MAINTENANCE AND REPAIRS OF STEPS, STAIRWAYS, AND OTHER RELATED CITY PROPERTY, ETC. In order to qualify as a bidder for said contract you must review and execute the enclosed forms and forward to the Allegheny County Purchasing Department no later than 3:00 PM on September 30, 2013, Please carefully review, sign and return the related documents which must be submitted. 1. One (1) original and one (1) photocopy of the enclosed Agreement, returned to Allegheny County Purchasing Department properly executed and attested to by the appropriate company officers (signature of President and Vice-President; attestation by Secretary, Treasurer, or Secretary/Treasurer). 2. Notarized Affidavit of Contractor. Affidavit must be executed by an officer of the company as designated by the contract signature sheet as listed below or an individual authorized to execute contracts on the company's behalf. (Form enclosed as Attachment B) 3. Financial Security (Performance Bond) in the amount of $5,000.00, completed on the enclosed form. (See Item #XI of this Agreement) 4. One (1) signature sheet enclosed, properly executed and attested to by the appropriate company officers (signature of President or Vice-President; attestation by Secretary, Treasurer, Secretary/Treasurer). Please include your Federal Identification Number or Social Security Number. (Page 15 of the Articles of Agreement) 5. Copy of Pre-printed Internal Revenue label from Tax forms. 6. One (1) original Insurance Certificate, covering general liability and property damage, workers' compensation and automotive liability, see Item #19 of the Articles of Agreement for limits. The City of Pittsburgh must be named as "additional insured".

3 7. Statement of Affiliations. Contractor must file a Statement of Affiliations with the City of Pittsburgh, attached hereto as Attachment A, in compliance with Section ( c ) of the Pittsburgh Code. 8. Anti-Sweatshop Provision. Contractor will be required to submit an executed statement of compliance attached hereto as Attachment C, required by the Allegheny County Administrative Code which certifies that any of the goods and/or products provided herein were not made under sweatshop conditions, as defined by Part 9, as amended, of Article 903 of the County s Administrative Code (Ordinance Number OR) The subject Agreement will only afford your company the opportunity to bid on PRE-QUALIFIED CONTRACT FOR MAINTENANCE AND REPAIRS OF STEPS, STAIRWAYS, AND OTHER RELATED CITY PROPERTY, ETC. and neither guarantees any award of such bids, nor that will any minimum amount of PRE-QUALIFIED CONTRACT FOR MAINTENANCE AND REPAIRS OF STEPS, STAIRWAYS, AND OTHER RELATED CITY PROPERTY, ETC. be requested. Bids will be solicited for PRE-QUALIFIED CONTRACT FOR MAINTENANCE AND REPAIRS OF STEPS, STAIRWAYS, AND OTHER RELATED CITY PROPERTY, ETC., made on an as-needed basis, with award of estimates to the lowest responsible bidder on any given day that bids are solicited by the City of Pittsburgh. Upon return of the properly executed documents to the address below, the City of Pittsburgh will contact you for a contract review meeting to discuss the operational procedures for this Agreement. Should you have questions, please call Ed Pikula, Purchasing Agent, City of Pittsburgh at Sincerely, Nicholas Calabrese Purchasing Agent Allegheny County Purchasing Department Room 206 Courthouse 436 Grant Street Pittsburgh, Pennsylvania 15219

4 CONTRACT FOR MAINTENANCE AND REPAIRS OF STEPS, STAIRWAYS, AND OTHER RELATED CITY PROPERTY, ETC. MADE THIS DAY OF, 20 BY AND BETWEEN CITY OF PITTSBURGH, a municipal corporation of the COMMONWEALTH OF PENNSYLVANIA, hereinafter referred to as "CITY". A N D VENDOR'S NAME: VENDOR'S ADDRESS: Hereinafter referred to as "Vendor" or "Contractor" WITNESSETH: WHEREAS, Vendors are providers of step/stairway maintenance and repair to include other related City property. "City" WHEREAS, the "City" desires the above-mentioned services to be available for use by the WHEREAS, the "Vendor" agrees to provide pricing for the services listed herein at the times, also, listed herein, together with several other vendors participating as specified herein; NOW, THEREFORE, in consideration of the mutual premises and intending to be legally bound hereby, the parties hereto agree as follows:

5 1. GENERAL REQUIREMENTS a. This contract for the renovation and replacement of steps, (concrete, steel, and wood, etc.), to include any such work involved with the maintenance, repair or rehabilitation of City property and related areas, etc. b. Bidders must have been in the business of Maintaining and repairing Various Steps, Stairways and other related City Property, Etc. for a minimum of five (5) years and must employ workmen qualified to perform the work specified herein and with a minimum of five (5) years related work experience. c. The successful bidder must provide the City with MSDS (Material Safety Data Sheets) for each chemical or other hazardous materials used in performing this service, prior to the commencement of any work being performed. 2. CONTRACT PERIOD a. The initial contract period shall commence upon the execution of this contract and shall terminate at midnight on September 30, The City shall have the option to renew the contract for four (4) additional one-year periods, exercisable at the sole discretion of the City, which additional periods shall expire at midnight on September 30 of the next succeeding year. b. In the event the City exercises its option to renew this contract as stated above, written confirmation will be provided by the City to the Vendor within thirty (30) days prior to the termination date. c. The City reserves the right to terminate the contract at any time in accordance with the provision of Paragraph 66 of the Articles of Agreement, which is made part of this proposal. 3 SUMMARY OF THE WORK STEP RENOVATION/REPLACEMENT ELEMENTS OF THE WORK INCLUDE BUT ARE NOT LIMITED TO RENOVATION AND/OR REPLACEMENT OF ALL TYPE OF STEPS, STAIRWAYS, ETC., EXCAVATION, SUBBASE PLACEMENT, CURB CONSTRUCTION, HANDICAP RAMP CONSTRUCTION AND OTHER WORK INCIDENTAL THERETO. THE APPROPRIATE CITY DEPARTMENT SHALL PROVIDE THE SCOPE, DRAWINGS, SEPCIFICATIONS, CONSTRUCTION OBSERVATION, AND PROJECT MANAGEMENT FOR EACH PROJECT INITIATED. THE CONTRACTOR SHALL PROVIDE ALL TOOLS, EQUIPMENT, MATERIALS AND SERVICES NECESSARY TO PERFORM THE PROJECT. NO WORK WILL BE PERFORMED IN THE DOWNTOWN AREA OF THE CITY UNDER THIS CONTRACT. THIS INCLUDES THE AREA BOUNDED BY 11 TH STREET, CROSSTOWN BLVD., ARMSTRONG TUNNELS AND THE ALLEGHENY AND MONONGAHELA RIVERS. 4. PRESERVE STREET SIGNS THE CONTRACTOR SHALL REMOVE AND PRESERVE STREET SIGNS WHERE REQUIRED THEN NOTIFY THE DEPARTMENT OF PUBLIC WORKS TRAFFIC DIVISION AT (412) , WHO WILL ARRANGE FOR THEIR DISPOSAL; NO ADDITIONAL PAYMENT. 5. ADJUSTING CASTINGS CONTRACTOR SHALL ADJUST ALL WATER VALVE BOXES, CITY OF PITTSBURGH SURVEY MONUMENT BOXES, UTILITY MANHOLES AND SEWER CASTINGS TO GRADE. NO ADDITIONAL PAYMENT. NEVER DISTRUB THE ACTUAL MONUMENT CALL SURVEY DIVISION AT: FOR DIRECTIONS.

6 6. CLEANING OF CASTINGS THE CONTRACTOR SHALL BE RESPONSIBLE FOR CLEANING ALL WATER BOX AND MANHOLE LIDS AND OTHER CASTINGS OF ALL TYPES, AFTER PAVING IS COMPLETE. NO ADDITIONAL PAYMENT. 7. EXPANSION JOINT AND JOINT SEALANT MATERIALS PAYMENT FOR ALL EXPANSION JOINT MATERIAL AND JOINT SEALANT USED IN THE PERFORMANCE OF THIS CONTRACT SHALL BE INCLUDED IN THE SPECIFIC WORK ITEM FOR WHICH THE EXPANSION JOINT MATERIALS AND SEALANT IS USED. CONTRACTOR MUST PROVIDE A PREMIUM GRADE, HIGH-ERFORMANCE, MOISTURE CURED, 1-COMPONENT, POLYURETHANE-BASE, NON-SAG ELASTOMERIC SEALANT (SIKA- FLEX, OR APPROVED EQUAL). THE COLOR WILL BE APPROVED BY THE DIRECTOR. 8. SAW CUTTING SAW-CUT EXISTING CONCRETE SIDEWALK, STAIRWAYS, STEPS, LANDINGS, DRIVEWAYS, AND/OR STREET PAVEMENT AS REQUIRED. NO ADDITIONAL PAYMENT. 9. UNDERGROUND VAULT LOCATIONS CONTRACTOR SHALL DETERMINE IN THE FIELD THE EXACT LOCATION OF VAULT WALLS AND IN THE EVENT THE LOCATION OF THE WALL MAY INTERFERE WITH THE RENOVATION/ REPLACMENT OF ANY/ALL TYPES OF STEPS, STAIRWAYS, ETC., OR THE PROPOSED CONSTRUCITON EFFECTS THE VAULT ROOF, THE CONTRACTOR SHALL DELAY OPERATION UNTIL DECISION FROM THE DIRECTOR IS OBTAINED. 10. HEATING ELEMENTS IN RAMP OR SIDEWALK AREA THE CONTRACTOR SHALL DETERMINE IN THE FIELD THE EXACT LOCATION OF SIDEWALKS WITH HEATING ELEMENTS. UNDER NO CONDITIONS SHALL SIDEWALKS WITH HEATING ELEMENTS BE DISTURBED. PROPOSED REPAIR AND/OR REPLACEMENT OF STEPS, STAIRWAYS, ETC. SHOWN ON THE PLANS WHICH INTERFERE WITH THESE LOCATIONS SHALL BE DELETED FROM THE CONTACT. 11. CATCH BASINS AND STORM INLETS INTERFERENCE THE CONTRACTOR SHALL NOT UNDER ANY CONDITIONS DISTURB, REMOVE OR RELOCATED EXISTING CATCH BASINS AND STORM INLETS. ANY PROPOSED STEPS, STAIRWAYS, ETC. SHOWN ON PLANS THAT REQUIRED DISTURBING, REMOVAL, OR THE RELOCATION OF CATCH BASINS OR STORM INLETS, SHALL APPROVED BY THE PITTSBURGH WATER AND SEWER AUTHORITY (PWSA) 1. RELAY EXISTING BRICK SIDEWALK THE CONTRACTOR SHALL RE-LAY BRICK SIDEWALK WITH EXISTING SIDEWALK BRICK PAVERS WHERE DISTURBED DUE TO CONSTRUCTION. NO ADDITIONAL PAYMENT. 2. NEW BRICK THE RENOVATION/REPLACEMENT AREA WHERE NEW BRICK PAVERS ARE REQUIRED TO REPLACE MISSING OR DESTROYED BRICK, THE PAVERS SHALL MATCH EXISTING COLOR, THICKNESS AND DESIGN, NO ADDITIONAL PAYMENT.

7 3. PROPOSED CURB RETURNS ALL NEW CURB RETURNS WHICH ARE DISTURBED DUE TO PERFORMANCE OF THIS CONTRACT ARE TO BE FEATHERED TO MATCH EXISTING SIDE STREET CURBS. NEW CURB RETURNS SHALL NOT BE HIGHER THAN SIDEWALKS, NOR MORE THAN ¼ LOWER WHERE THERE ARE PLANTING STRIPS. NO ADDITIONAL PAYMENT. 4. RELOCATE STREET LIGHT OR UTILITY POLES THE CONTRACTOR SHALL NOT, UNDER ANY CIRCUMSTANCES, DISTURB, REMOVE OR RELOCATE EXISTING STREET LIGHT POLES OR OTHER EXISTING UTILITY POLES. 5. USE OF SLAG ANY REFERENCE TO SLAG IN THESE SPECIFICATIONS OR IN THE CONTRACT PLANS IS INTERPRETED TO MEAN AIR-COOLED BLAST FURNANCE SLAG MADE AS A BY-PRODUCT OF THE CAST IRON MAKING PROCESS FROM A PENNDOT APPROVED SOURCE, AS LISTED IN PENNDOT BULLETIN NO. 14. THE CONTRACTOR MUST SUBMIT RECEIPTS PRIOR TO INSTALLATION INDICATING THE MATERIAL WAS OBTAINED FROM AN APPROVED SOURCE. NO PAYMENT WILL BE MADE FOR ANY OTHER TYPE OF SLAG WHICH HAS NOT BEEN SPECIFIED. NO SLAG IN SUB-BASE MATERIALS! 6. FORMING AND CONSTRUCTION OF CONCRETE CURB ALL CONCRETE CURBS DISTURBED OR DAMAGED DURING THE PERFORMANCE OF THIS CONTRACT SHALL BE FORMED AND CONSTRUCTED AS A SEPARATE UNIT APART FROM THE SIDEWALK RAMP AREA. THE REQUIREMENT OF THE ½ EXPANSION MATERIAL INFERS A JOINT AND PRECLUDES A MONOLITHIS POUR OF ANY DISTURBED OR DAMAGED SIDEWALK RAMP SLAB. CURBING IS TO BE POURED SEPARATELY, 7. INSPECTOR S FIELD OFFICE TYPE B FOR CITY PERSONNEL THE CONTRACTOR SHALL PROVIDE, WHEN DIRECTED, A TYPE B FIELD OFFICE FOR THE EXCLUSIVE USE OF CITY PERSONNEL, AS PER PENNDOT SPECIFICATION FORM 408, SECTION 609.1, 609.2A, 609.2B, AND UNDER INSPECTOR S FIELD OFFICE AND INSPECTION FACILITIES. 8. BITUMINIOUS MATERIAL CONTRACTOR SHALL FURNISH BITUMINOUS MATERIALS, TACK COAT AND SEALING MATERIALS. THE COST FOR BITUMINOUS MATERIALS, TACK COAT AND SEALING MATERIALS, AS WELL AS THEIR APPLICATIONS, SHALL BE INCLUDED IN EACH SPECIFIC JOB, AND NO SEPARATE PAY ITEM SHALL BE MADE FOR SUCH MATERIALS AND WORK. DUPLICATE LOAD SLIPS OF BITUMINOUS MATERIAL MUST BE PROVIDED FOR EACH TRUCK LOAD, AND SUBMITTED TO THE PROJECT INSPECTOR. EACH SLIP MUST BE STAMPED WITH THE TIME THE TRUCK WAS LOADED AT THE SITE. ASPHALT BINDER AND SURFACE MATERIAL TO BE TYPE ID2-A. 9. COMPLETION OF WORK PROJECT THE CONTRACTOR SHALL COMPLETE ALL WORK ON ANY ASSIGNED PROJECT WITHIN THE SPECIFIED PROJECT DURATION.

8 12. SUFFICIENT NUMBER OF PERSONNEL WORKFORCE THE CONTRACTOR SHALL HAVE A SUFFICIENT NUMBER OF PERSONNEL (WORK FORCE), SUPERVISION, EQUIPMENT AND TOOLS, NECESSARY FOR THE COMPLETE RENOVATION OR REPLACEMENT OF ALL STEPS, STAIRWAYS, AND RELATED CITY PROPERTY. THE CONTRACTOR MAY BE EXPECTED TO MOBILIZE AT LEAST THREE INDEPENDENT CREWS TO HANDLE CONCURRENT PROJECTS AT MULTIPLE LOCATIONS. 13. SETTING OR RESETTING MONUMENTS THE CONTRACTOR SHALL NOTIFY THE DEPARTMENT OF PUBLIC WORKS SURVEYS DIVISION, MR. LEN RECKER AT (412) , FORTH-EIGHT (48) HOURS IN ADVANCE OF CONSTRUCTION WHEN SETTING OR RESETTING CITY OF PITTSBURGH SURVEY MONUMENTS. UNDER NO CIRCUMSTANCE SHALL ANY MONUMENT BE DISTURBED, COVERED OR RELOCATED WITHOUT WRITTEN APPROVAL FROM THE DIRECTOR. ALL MONUMENT LOCATIONS WILL BE DETERMINED AND APPROVED BY THE DIRECTOR. WHEN APPROVED BY THE DIRECTOR, MONUMENTS WILL BE SET OR RESET BY THE CONTRACTOR AND PAID FOR AS A SEPARATE ITEM. MONUMENTS WILL BE SUPPLIED BY THE CITY. 14. OFF-DUTY UNIFORMED POLICE OFFICERS IF REQUIRED BY THE CITY FOR TRAFFIC CONTROL, THE DOCUMENTED CHARGES WILL BE RE-IMBURSED BY THE CITY. PLEASE BE ADVISED THAT ALL CONTRACTORS MUST, AT A MINIMUM, ADHERE TO THE PAY SCALE OF THE THEN-CURRENT FRATERNAL OF POLICE LODGE #1 CONTRACT 15. PRICE COLLECTION A. VENDOR AGREES TO SUPPLY, VIA FACSIMILE, PRICES FOR THE SERVICES LISTED UPON REQUEST AFTER A SITE VISITATION, TO DETERMINE THE PRICING TO BE SUPPLIED FOR RENOVATION AND/OR REPLACEMENT OF STEPS, STAIRWAYS AND RELATED CITY PROPERTY AT THAT JOB SITE. THE JOB SITE VISITATION WILL BE COORDINATED BY THE DEPARTMENT OF PUBLIC WORKS. IT SHALL BE THE VENDOR'S OBLIGATION TO MEET AT THE TIME AND LOCATION SPECIFIED BY THE CITY. B. VENDOR ALSO AGREES THAT PRICES RECEIVED BY CITY FOR THE CONTRACTED SERVICES WILL NOT BE LATER THAN FORTY-EIGHT (48) HOURS AFTER THE ACTUAL SITE VISITATION TO BE CONSIDERED AS AN ACCEPTABLE PRICE BY THE CITY UNLESS OTHERWISE SPECIFIED IN THE INDIVIDUAL REQUESTED QUOTES. C. VENDOR AGREES TO FAX ALL PRICING INFORMATION TO THE DESIGNATED FAX OF THE CITY. D. PRICING SHALL BE INCLUSIVE OF ALL COSTS INCLUDING BUT NOT LIMITED TO LABOR, TOOLS, EQUIPMENT, CLEAN-UP, ETC., NECESSARY TO COMPLETE THE WORK DESCRIBED AT THE TIME OF SITE VISITATION. E. THE PRICES PROVIDED SHALL BE FREE OF ALL FEDERAL, STATE AND LOCAL TAXES; THE CITY WILL PROVIDE STATE SALES TAX EXEMPTION FORM UPON REQUEST. F. ORDERS FOR SERVICES AT THE JOB SITE WILL BE PLACED BY THE CITY TO THE LOWEST RESPONSIBLE VENDOR PROVIDING PRICING WITHIN THE TIME PERIOD AS SPECIFIED IN ITEM (B) ABOVE.

9 G. ALL SERVICES PERFORMED SHALL BE INVOICED AT PRICES QUOTED, IN ACCORDANCE WITH THIS CONTRACT, ON THE DAY FOLLOWING THE COMPLETION OF THE SERVICE WITH THE AUTHORIZATION OF THE DIRECTOR OF FINANCE OR HIS ASSIGNEE. BIDDER'S NOTE: All bids for individual projects covered under this contract must be signed, in ink, by an officer, or, authorized representative of the company, or, said bid may be subject to rejection. 16. ALL SERVICES WILL BE PERFORMED AT THE JOB SITE DESIGNATED BY THE CITY BETWEEN THE HOURS OF 7:00 A.M. AND 4:00 P.M. MONDAY THROUGH FRIDAY, UNLESS AUTHORIZED BY THE CITY TO DO OTHERWISE. VENDOR WILL COMPLY WITH ANY SPECIAL REQUIREMENTS NECESSARY AND PECULIAR TO THE SPECIFIC JOB SITE, AS DESCRIBED BY CITY AT THE TIME OF THE SITE VISITATION, AND BID ACCORDINGLY. 17. ALL SERVICES MUST BE PERFORMED IN A PROFESSIONAL AND BUSINESS-LIKE MANNER. VENDOR IS RESPONSIBLE FOR CLEAN-UP OF SITE AT VENDOR'S EXPENSE AND TO THE SATISFACTION OF CITY. IN CASE OF DISPUTE, CITY MAY REMOVE DEBRIS AND CHARGE THE COST TO VENDOR, INCLUDING SETTING OFF THE COST AGAINST FUTURE PAYMENTS DUE TO VENDOR ADDRESSED IN THE PROPOSAL FOR EACH PROJECT. 18. GENERAL CONTRACT CONDITIONS A. THE CITY OF PITTSBURGH BID AND GENERAL CONTRACT CONDITIONS (1984) REVISED JUNE, B. THE FOLLOWING SECTIONS ARE TO BE EXCLUDED FROM THE GENERAL CONTRACT CONDITIONS EXCEPT AS NOTED BELOW: I) TITLE II A. ARTICLE 3, SEC EXAM. OF WORKSITE B. ARTICLE 4, SEC BONDS SHALL BE MODIFIED AS STATED IN THE "ARTICLE OF AGREEMENT" C. ARTICLE 4, SECTION 2.46 INSURANCE SHALL BE MODIFIED AS "STATED IN THE "ARTICLE OF AGREEMENT". D. ART. 5, SEC COMMENCEMENT OF WORK E. ART. 6, SEC M/WBE (MBE/WBE LANGUAGE SHALL BE MODIFIED AS STATE IN THE ARTICLE OF AGREEMENT ) II) TITLE III A. ART. 1, SEC GUARANTY B. ARTICLE 4, SECTION 3.43 COMPENSATION FOR DIMINISHED/EXTRA WORK C. ART. 5, SEC MAX. UNIT PRICE D. ART. 5, SEC RETAINAGE E. ART. 6, SEC PREVAILING WAGE AND WORKERS S COMPENSATION SHALL BE DELETED IN ITS ENTIRETY AND THE FOLLOWING PARAGRAPH INSERTED IN ITS PLACE; "3.66 WORKER'S COMPENSATION. CONTRACTOR HEREBY CERTIFIES THAT IT HAS COMPLIED WITH THE PROVISIONS OF THE PENNSYLVANIA WORKER'S COMPENSATION AND OCCUPATIONAL DISEASE ACTS."

10 19. EXCLUSIVITY 20. AUTHORIZATION A. THIS CONTRACT SHALL BE NON-EXCLUSIVE. THE CITY RESERVES THE RIGHT TO DO WORK OF THE TYPE COVERED BY THIS CONTRACT WITH CITY FORCES OR WITH OTHER CONTRACTS. B. THE CITY RESERVES THE RIGHT TO FURNISH AND/OR INSTALL ANY EQUIPMENT PARTS, MATERIALS AND ACCESSORIES OR TO PERFORM ANY REPAIRS TO EXISTING INSTALLATIONS IN ANY CASE WHERE SUCH DECISION IS TO THE CITY'S BENEFIT. THE PRE-QUALIFYING OF VENDORS FOR THIS CONTRACT SHALL BE SUCH THAT ANY CITY DEPARTMENT MAY MAKE USE OF IT. HOWEVER, ALL WORK MUST HAVE PRIOR AUTHORIZATION OF THE DIRECTOR(S) OF FINANCE AND/OR THE DEPARTMENT OF PUBLIC WORKS. 21. INITIATING THE WORK A. THE DESCRIBED SERVICES WILL BE PROVIDED UPON VENDORS RECEIPT OF AN ORDER FROM THE CITY. THIS AGREEMENT WILL PRE-QUALIFY VENDORS AND PERMIT THEM TO SUBMIT ESTIMATES FOR REQUESTED WORK. INFORMATION ABOUT THE WORK TO BE BID WILL BE EXPLAINED. IT WILL BE THE CONTRACTOR S RESPONSIBILITY TO MEET AT THE TIME AND LOCATION SPECIFIED BY THE CITY. B. SUCH ESTIMATES MUST BE IN A FORMAT ACCEPTABLE TO THE CITY OF PITTSBURGH AND SHOULD INCLUDE APPROXIMATE START AND FINISH DATES, COST BREAKDOWNS FOR LABOR, MATERIAL AND EQUIPMENT, (INCLUDING TRUCK TIME, WHEN APPLICABLE), A SCHEDULE OF VALUES WITH A TOTAL COST FOR THE PROJECT AS PER CITY SUPPLIED CONSTRUCTION DOCUMENTS, A LIST OF SHOP DRAWINGS (TO BE SUPPLIED AS REQUIRED BY THE PROJECT), A LIST OF SUBCONTRACTORS AND/OR SUPPLIERS (WHEN VALUE OF WORK IS > $1000.) TOGETHER WITH A COPY OF THEIR PROPOSAL(S) INCLUDING BREAKDOWNS, AND ANY OTHER DATA WHICH MAY BE PERTINENT AND REQUESTED.ON PROJECTS ESTIMATED TO COST-OVER $10,000. A MINIMUM OF TWO (2) SUB-CONTRACTOR AND SUPPLIER PROPOSALS MUST BE SUBMITTED FOR REVIEW AND APPROVAL. ON LARGE PROJECTS, A CONSTRUCTION SCHEDULE WITH PERIODIC UPDATES MAY BE REQUIRED TO BE PROVIDED AT NO ADDITIONAL COST. C. NON-ADHERENCE TO THE STIPULATED START AND COMPLETION DATES OR FAILURE TO SUPPLY REQUESTED DOCUMENTATION IN A TIMELY MANNER FOR THE PROPER PROGRESS OF THE WORK MAY BE CAUSE FOR IMMEDIATE CANCELLATION OF THIS CONTRACT. D. THE DIRECTOR SHALL NOTIFY THE CONTRACTOR BY TELEPHONE OR FACSIMILE OF HIS COST PROPOSAL ACCEPTANCE FOR EACH PROJECT. FINAL COST OF EACH COMPLETED PROJECT MAY NOT EXCEED THE ACCEPTED ESTIMATE. ONLY THE DIRECTOR OF THE USER DEPARTMENT MAY, IN WRITING TO THE CONTRACTOR, WAIVE THIS CLAUSE. E. UNLESS OTHERWISE DIRECTED, THE CONTRACTOR MUST BEGIN WORK WITHIN TEN (10) CALENDAR DAYS AFTER THE NOTICE TO PROCEED AND SHALL DO THE WORK IN ACCORDANCE WITH THE DIRECTOR'S ORDERS AND INSTRUCTIONS. 22. INVOICING A. THE CONTRACTOR SHALL PREPARE HIS INVOICES BASED ON THE AGGREGATE OF THOSE ITEMS COMPUTED FROM THE LABOR RATES AND THE UNIT PRICES INDICATED, MATERIAL INVOICES, EQUIPMENT RENTALS AND OTHER COSTS ASSOCIATED WITH THE COMPLETION OF THE WORK AS ACCEPTED AND APPROVED FOR EACH PROJECT.

11 THE CONTRACTOR WILL ALSO BE RESPONSIBLE FOR SUBMITTING A COMPLETE BREAKDOWN OF SUBCONTRACTING COSTS TOGETHER WITH ALL SUBCONTRACTORS DOCUMENTATION (I.E., LABOR INVOICES, MATERIAL INVOICES, EQUIPMENT RENTAL, ETC.). INVOICES SHALL BE SUBMITTED DIRECTLY TO THE DEPARTMENT INITIATING THE PROJECT AND SHOULD BE SUBMITTED NOT MORE THAN ONCE A MONTH. CONTRACTOR WILL BE RESPONSIBLE TO FOLLOW THE USER DEPARTMENT'S INVOICING PROCEDURES. PAYMENT TO THE CONTRACTOR WILL BE BASED ON THE CITY INSPECTOR'S DAILY LABOR AND MATERIAL LOGS. B. CITY BUSINESS PRIVILEGE TAX IS THE CONTRACTOR'S AND SUB-CONTRACTOR S RESPONSIBILITY AND AS SUCH IS NOT A REIMBURSABLE ITEM ON CONTRACTOR'S OR SUB-CONTRACTOR S BILLING. C. THIS CITY IS TAX EXEMPT AND CAN PROVIDE YOU WITH THE RELEVANT PAPERWORK UPON YOUR REQUEST. D. OFF-SITE FABRICATION TIME MAY BE ALLOWED, IF APPROVED BY THE DIRECTOR AND IS INCLUDED IN THE PROPOSAL. CITY INSPECTOR SHALL BE PERMITTED TO VERIFY OFF-SITE FABRICATION AS DEEMED APPROPRIATE. E. A FINAL PROJECT INVOICE MUST BE SUBMITTED WITHIN 45 DAYS AFTER THE COMPLETION OF THE WORK ON EACH PROJECT. FAILURE TO SUBMIT THE REQUIRED PRODUCT WARRANTIES, OPERATION MANUALS, AND MAINTENANCE MANUALS MAY DELAY FINAL PAYMENT. WHEN SUBMITTING THE FINAL PROJECT INVOICE, THE CONTRACTOR SHALL STATE THEREIN THAT PAYMENT OF SAID INVOICE CONSTITUTES FULL AND COMPLETE PAYMENT OF ALL MONIES OWED AND BILLABLE ON SAID PROJECT. ANY EXCEPTION TO THIS SHOULD BE SO NOTED AND TALLIED ON THE FINAL INVOICE. AFTER RECEIPT AND PROCESSING OF THE FINAL PROJECT INVOICE, THE CITY WILL NOT ENTERTAIN ANY ADDITIONAL COST FOR THAT PARTICULAR PROJECT AND WILL CONSIDER THE PROJECT CLOSED. 23. COORDINATION WITH OTHERS 24. PERMITS THIS CONTRACTOR SHALL COOPERATE WITH ALL OTHER ENTITIES INVOLVED IN THE PROJECT INCLUDING THE OWNER IN THE SCHEDULING OF THE WORK SO THAT HE DOES NOT DELAY OR INTERFERE WITH THE OTHERS' WORK. IT WILL BE THIS CONTRACTOR'S RESPONSIBILITY TO COORDINATE THE SCHEDULE FOR THE WORK WITH OTHER PRIMES AND SUBCONTRACTORS AND PROVIDE INPUT TO GENERAL CONTRACTOR FOR PREPARATION, PERIODICAL UPDATE, AND DISTRIBUTION OF A MASTER SCHEDULE FOR EACH PROJECT, IF REQUIRED, AT NO ADDITIONAL COST. THE MASTER SCHEDULE SHALL INCLUDE THE WORK OF ALL OTHER PRIMES AND SUBCONTRACTORS PARTICIPATING IN THE WORK. A. THE CONTRACTOR SHALL SECURE ALL NECESSARY PERMITS AND LICENSES REQUIRED FOR THE PERFORMANCE OF THE CONTRACT AND SHALL PAY ALL LEGAL FEES AND CHARGES THEREOF. THE CITY SHALL WAIVE ANY FEES AND CHARGES NORMALLY ASSOCIATED WITH ISSUANCE OF CITY PERMITS. ALL OTHER FEES FOR NON-CITY PERMITS SHALL BE INCLUDED BY THE CONTRACTOR IN THE PROPOSAL. B. THE CONTRACTOR SHALL LEGALLY DISPOSE OF ALL WASTE ASSOCIATED WITH THE WORK, OFF SITE, UNLESS OTHERWISE INDICATED BY THE DIRECTOR. IN SUCH DISPOSAL CASES, THE CONTRACTOR SHALL SECURE ALL PERMITS, PAY ALL FEES AND PRODUCE DOCUMENTATION ATTESTING TO THE LEGAL DISPOSAL OF SUCH WASTE. SPECIAL DISPOSAL OF TOXIC MATERIALS, DEBRIS OR EQUIPMENT MUST BE SPECIFICALLY ADDRESSED IN THE PROPOSAL FOR EACH PROJECT.

12 26. INSURANCE PRIOR TO EXECUTION OF THIS CONTRACT BY CITY, VENDOR SHALL CAUSE TO BE ATTACHED HERETO A CERTIFICATE OF INSURANCE DULY EXECUTED BY THE OFFICERS OR AUTHORIZED REPRESENTATIVES OF A RESPONSIBLE AND NON-ASSESSABLE INSURANCE COMPANY, EVIDENCING THE FOLLOWING MINIMUM COVERAGES AND SPECIFICALLY IDENTIFYING THE CITY OF PITTSBURGH AS AN ADDITIONAL INSURED, WHICH INSURANCE SHALL BE NON-CANCELLABLE, EXCEPT UPON THIRTY (30) DAYS PRIOR TO WRITTEN NOTICE TO CITY. INDIVIDUAL OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY, INCLUDING DEATH $500, $1,000, PROPERTY DAMAGE $500, $1,000,00.00 AUTOMOBILE LIABILITY BODILY INJURY, INCLUDING DEATH $500, $1,000, PROPERTY DAMAGE $500, $1,000, ALL PREMIUMS SHALL BE AT THE EXPENSE OF THE VENDOR, AND ALL SUCH INSURANCE COVERAGE SHALL BE ON AN OCCURRENCE, NOT A "CLAIMS-MADE" BASIS, AND SHALL BE INDICATED AS SUCH. IN THE EVENT THAT THE TERM OF SAID INSURANCE SHALL EXPIRE PRIOR TO THE EXPIRATION OF THE TERM OF THIS CONTRACT, OR ANY RENEWAL OR EXTENSION THEREOF, VENDOR SHALL RENEW SAID INSURANCE IN A TIMELY MANNER AND SHALL PROMPTLY CAUSE A CERTIFICATE OF INSURANCE EVIDENCING SUCH RENEWAL, AND ALSO IDENTIFYING THE CITY OF PITTSBURGH AS AN "ADDITIONAL INSURED", TO BE FORWARDED TO THE DIRECTOR OF THE DEPARTMENT OF FINANCE (HEREINAFTER, "THE DIRECTOR"). ALL INSURANCE COVERAGES ORIGINALLY REQUESTED ARE TO BE INCLUDED IN THIS RENEWAL. FAILURE TO PROVIDE AND RENEW SUCH INSURANCE, AS REQUIRED ABOVE, SHALL BE DEEMED A MATERIAL BREACH OF THE CONTRACT, AND MAY BE THE BASIS FOR IMMEDIATE TERMINATION THEREOF. 27. WORKER S COMPENSATION VENDOR HEREBY CERTIFIES THAT IT HAS ACCEPTED THE PROVISIONS OF THE PENNSYLVANIA WORKER S COMPENSATION AND OCCUPATIONAL DISEASE ACTS, AS AMENDED AND SUPPLEMENTED, INSOFAR AS THE SERVICES COVERED BY THIS CONTRACT ARE CONCERNED, AND THAT IT HAS INSURED ITS LIABILITY THEREUNDER IN ACCORDANCE WITH THE TERMS OF SAID ACTS, AS EVIDENCED BY THE CERTIFICATE OF INSURANCE IT HAS CAUSED TO BE ATTACHED HERETO. 28. AUTHORIZING RESOLUTION THIS CONTRACT IS ENTERED IN THE CITY PURSUANT TO SECTION 161.2(B) OF THE PITTSBURGH CODE AND RESOLUTION NO. 646, APPROVED NOVEMBER 06, 2009 AND EFFECTIVE NOVEMBER 13, PERFORMANCE BOND TO INSURE THE FAITHFUL PERFORMANCE OF ITS DUTIES UNDER THIS CONTRACT, VENDOR SHALL PROVIDE CITY WITH A PERFORMANCE BOND IN THE AMOUNT OF $5, WITH A CORPORATE SURETY ACCEPTABLE TO CITY, PRIOR TO EXECUTION OF THIS CONTRACT BY CITY. SAID PERFORMANCE BOND SHALL BE MAINTAINED BY VENDOR THROUGHOUT THE TERM OF THIS CONTRACT, OR, ANY RENEWAL OR

13 EXTENSION THEREOF. THE CITY RESERVES THE RIGHT TO INCREASE THE REQUIREMENT AMOUNT OF THE PERFORMANCE BOND DEPENDENT UPON ANY CHANGES IN THE VALUATION OF THIS CONTRACT. 30. SAFETY AND CODE REQUIREMENTS A. ALL CONTRACTORS SHALL COMPLY WITH STANDARDS AND REGULATIONS OF PUBLIC LAW , "SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION", LATEST EDITION, OCCUPATIONAL SAFETY AND HEALTH ACT OF B. ALL CONTRACTORS WILL COMPLY WITH ACT NO. 287 OF THE GENERAL ASSEMBLY, APPROVED DECEMBER 10, 1974, WHICH DEFINES THE PROCEDURES FOR NOTIFICATION TO PUBLIC UTILITIES PRIOR TO EXCAVATION, DRILLING OR DEMOLITION WORK BY USE OF POWERED EQUIPMENT OR EXPLOSIVES.FOR CONFIRMATION OF UTILITIES CALL C. ALL CONTRACTORS SHALL COMPLY WITH ALL FEDERAL, STATE AND LOCAL CODES, REGULATIONS AND STANDARDS AS APPROPRIATE INCLUDING THOSE IN REGARD TO ENVIRONMENTAL PROTECTION, OF THE PUBLIC, AND PROPERTY, ETC. WHERE CODES, REGULATIONS, AND STANDARDS ARE REFERRED TO HEREIN, IT SHALL BE UNDERSTOOD THAT SUCH REFERENCE IS TO THE CURRENT ISSUE IN EFFECT AT THE DATE OF THE CONTRACT INCLUDING ALL REVISIONS AND ADDENDA, IF ANY, AND ARE HEREBY MADE PART OF THIS CONTRACT AND AT NO ADDITIONAL EXPENSE TO THE CITY. 31. EMERGENCY WORK VERIFY A. THE CONTRACTOR MUST HAVE THE ABILITY TO PERFORM EMERGENCY WORK WITHIN THE FOLLOWING TIME FRAMES, BASED ON SITUATION, AND MUST THAT THEIR WORK FORCES CAN BE DISPATCHED ACCORDINGLY: 4 HOURS EMERGENCY 48 HOURS URGENT B. THE CONTRACTOR MUST HAVE TWENTY-FOUR (24) HOURS A DAY ACCESSIBILITY (ANSWERING SERVICE, OR MACHINE AND PAGING CAPABILITY). THE CONTRACTOR MUST ALSO HAVE A FAX MACHINE IN OPERATION BY TIME OF CONTRACT COMMENCEMENT. C. THE CONTRACTOR MUST ALSO HAVE THE ABILITY TO COMPLETE EMERGENCY WORK AS REQUESTED BY THE CITY WITHIN A 24 HOUR PERIOD FROM INITIATION OF REPAIR, UNLESS OTHER ARRANGEMENTS ARE APPROVED. NON- ADHERENCE TO THIS CLAUSE MAY BE CAUSE FOR CANCELLATION OF CONTRACT.

14 32. CONSTRUCTION DOCUMENTS: DRAWINGS AND TECHNICAL SPECIFICATIONS A. THE CONTRACTOR WILL BE REQUIRED TO COMPLY WITH ALL DRAWINGS AND TECHNICAL SPECIFICATIONS, WHICH MAY BE ASSOCIATED WITH EACH PARTICULAR PROJECT. FAILURE TO COMPLY MAY RESULT IN DELAY OF PAYMENTS, BACK-CHARGING FOR CORRECTIVE REMEDIAL WORK, AND/OR CANCELLATION OF THE CONTRACT. B. ON CERTAIN LARGE AND/OR COMPLEX PROJECTS, THE CONTRACTOR MAY BE REQUIRED TO PROVIDE SHOP DRAWINGS AND CATALOGUE CUTS OF THE PROPOSED EQUIPMENT AND/OR ASSEMBLIES. SUBMITTALS OF THESE TYPES SHALL BE FURNISHED IN A TIMELY MANNER FOR THE PROGRESS OF THE WORK AND AT THE DIRECTOR S REQUEST AND THE COST THEREOF WILL BE CONSIDERED AS OVERHEAD. C. WHERE STANDARDS, SPECIFICATIONS, AND CODES ARE REFERRED TO HEREIN, IT SHALL BE UNDERSTOOD THAT SUCH REFERENCE IS TO THE ISSUE IN EFFECT AS OF THE DATE OF THE PROPOSAL, INCLUDING ALL REVISIONS AND ADDENDA, IF ANY. D. THE MATERIAL, EQUIPMENT, AND INSTALLATION SHALL CONFORM TO ALL APPLICABLE REGULATIONS, AND CODES AND AS SUCH ARE HEREBY MADE A PART OF THE PROPOSAL SPECIFICATIONS. THEY SHALL TAKE PRECEDENCE OVER THESE PROPOSAL SPECIFICATIONS AND SHALL BE SATISFIED BY THE CONTRACTOR AT NO ADDITIONAL EXPENSE TO THE CITY. 33. USE AND POSSESSION PRIOR TO COMPLETION A. THE CITY SHALL HAVE THE RIGHT TO TAKE POSSESSION OF, OR USE, ANY COMPLETED OR PARTIALLY COMPLETED PART OF THE WORK. BEFORE TAKING POSSESSION OF, OR USING ANY PART OF THE WORK, THE DIRECTOR SHALL FURNISH THE CONTRACTOR WITH A CERTIFICATE OF SUBSTANTIAL COMPLETION CONTAINING A LIST OF ITEMS OF WORK REMAINING TO BE COMPLETED OR CORRECTED FOR THOSE PORTIONS OF THE WORK THAT THE CITY INTENDS TO TAKE POSSESSION OF, OR USE. HOWEVER, FAILURE OF THE DIRECTOR TO LIST ANY ITEM OF WORK SHALL NOT RELIEVE THE CONTRACTOR OF RESPONSIBILITY FOR COMPLYING WITH THE TERMS OF THE CONTRACT. THE CITY S POSSESSION OR USE OF SOME OF THE WORK SHALL NOT BE DEEMED AN ACCEPTANCE OF ALL OF THE WORK UNDER THE CONTRACT. B. FOR THOSE PORTIONS OF THE WORK WHICH THE CITY HAS SUCH POSSESSION OR USE, THE CONTRACTOR SHALL BE RELIEVED OF THE RESPONSIBILITY OF LOSS OR DAMAGE TO THE WORK RESULTING FROM THE CITY S POSSESSION OR USE, NOTWITHSTANDING THE TERMS OF ANY WARRANTIES, MAINTENANCE RESPONSIBILITIES, PROTECTION REQUIREMENTS, OR OTHER SPECIFIED DUTIES WHICH REMAIN THE CONTRACTOR S RESPONSIBILITY BEYOND THE DATE OF SUBSTANTIAL COMPLETION.

15 34. INSPECTIONS AND CLOSEOUT A. DURING THE COURSE OF THE PROJECT, THE CITY WILL ASSIGN AN INSPECTOR TO THIS SITE TO MONITOR THE WORK. THE CITY SHALL ACT AS THE DIRECTOR'S REPRESENTATIVE ON ALL MATTERS IN THE FIELD. THE INSPECTOR, HOWEVER, SHALLNOT HAVE THE AUTHORITY TO APPROVE WORK OR ACCEPT SUBSTITUTIONS AS THIS IS THE RESPONSIBILITY OF THE AWARDING DEPARTMENT PROJECT MANAGER. THE CONTRACTOR SHALL FULLY COOPERATE WITH THE CITY. THE CONTRACTOR'S FIELD REPRESENTATIVE MAY BE REQUESTED TO SIGN THE CITY S DAILY LOG AS VERIFICATION OF HOURS WORKED BY THE CONTRACTOR. ONLY THE ACTUAL HOURS THAT WORKERS ARE PRODUCTIVELY ENGAGED IN THE PROGRESS OF THE WORK WILL BE LOGGED BY THE INSPECTOR. IT IS IN THE CONTRACTOR'S BEST INTEREST TO EFFICIENTLY AND EFFECTIVELY MANAGE EACH PROJECT. B. WHEN THE WORK IS SUBSTANTIALLY COMPLETE, THE CONTRACTOR SHALL REQUEST A PRE-FINAL INSPECTION. AT THAT TIME A PUNCHLIST OF DEFICIENCIES AND/OR INCOMPLETE WORK WILL BE COMPILED AND SENT TO THE CONTRACTOR(S) FOR COMPLETION. ALL PUNCHLIST ITEMS MUST BE COMPLETED WITHIN 30 DAYS UNLESS OTHERWISE ARRANGED. IF THERE ARE NO DISCREPANCIES FOUND AT THE PRE-FINAL, THIS INSPECTION MAY BE CONSIDERED A FINAL INSPECTION AND AS SUCH FINAL ACCEPTANCE OF THE WORK. C. ONE PRE-CONSTRUCTION MEETING, ONE PRE-FINAL AND ONE FINAL INSPECTION SHALL BE CONSIDERED A PAY ITEM FOR ONE REPRESENTATIVE OF THE CONTRACTOR. 35. LIQUIDATED DAMAGES 36. GUARANTEE SUBSTANTIAL AND UNREASONABLE DELAYS IN RESPONSE TIMES, ESTIMATED TIME, OR NON-ADHERENCE THERETO SHALL CONSTITUTE CAUSE FOR THE ASSESSMENT OF LIQUIDATED DAMAGES. SUCH DAMAGES SHALL BE ASSESSED AT THE RATE OF $ PER DAY FOR EVERY DAY OF SUCH SUBSTANTIAL DELAY OR 2.5% OF ESTIMATED AMOUNT OF JOB AWARDED-WHICHEVER IS GREATER. LIQUIDATED DAMAGES SHALL BE DEDUCTED FROM PAYMENTS DUE UNDER THIS CONTRACT. THE CONTRACTOR SHALL, AT HIS COST, REPLACE ANY WORK, MATERIALS OR EQUIPMENT FURNISHED AND INSTALLED BY HIM UNDER THIS CONTRACT WHICH DEVELOPS DEFECTS, EXCEPT FROM VANDALISM OR UNUSUAL WEAR AND TEAR, WITHIN ONE (1) YEAR FROM THE DATE OF THE FINAL ACCEPTANCE OF THE WORK FOR EACH PROJECT. ADDITIONAL WARRANTIES OF SPECIFIC MATERIALS AND SYSTEMS MAY BE REQUIRED OF THE CONTRACTOR ON A PER PROJECT BASIS AND WILL BE SO NOTED AT THE SITE-VISITATION. NOTE: IN SOME CASES, WARRANTY PERIODS MAY COMMENCE PRIOR TO FINAL INSPECTION, PURSUANT TO ISSUANCE OF CERTIFICATE OF SUBSTANTIAL COMPLETION (AIA DOCUMENT G704).

16 37. CLARIFICATION OF OWNERSHIP A. PRIOR TO EXECUTION OF THE CONTRACT, THE CITY OF PITTSBURGH RESERVES THE RIGHT TO REQUIRE THE SUCCESSFUL BIDDER TO SUPPLY NAMES AND ADDRESSES OF ALL OWNERS AND/OR STOCKHOLDERS WHO OWN MORE THAN 40% OF ANY CLASS OF STOCK ISSUED AND OUTSTANDING AS WELL AS THE NAMES AND ADDRESSES OF PARTNERS AND OTHERS HAVING A FINANCIAL INTEREST IN THE BID. B. PROVIDING FALSE OR INSUFFICIENT INFORMATION MAY RESULT IN THE SUCCESSFUL BIDDER BEING SUBJECTED TO CIVIL AND/OR CRIMINAL LIABILITIES. 38. GENERAL INSTALLATION REQUIREMENTS INSTALLATION SHALL BE OF A QUALITY NOT LESS THAN IS ACCEPTED AS INDUSTRY STANDARD FOR ANY TRADE COVERED HEREIN. ALL MATERIALS FURNISHED UNDER THIS CONTRACT SHALL BE DETERMINED SAFE BY NATIONALLY RECOGNIZED TESTING LABORATORY, SUCH AS UNDERWRITER S LABORATORIES INC., OR FACTORY MUTUAL ENGINEERING CORPORATION. ALL MATERIAL SHALL BE LABELED, CERTIFIED, OR LISTED BY SUCH LABORATORY. 39. TESTING A. TESTING OF MATERIALS OR OF THE INSTALLATION OF SAME MAY BE REQUIRED BY THE DIRECTOR. IF THE MATERIALS AND INSTALLATION ARE FOUND TO BE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, THE COST OF TESTING AND REPLACEMENT OF THE INSTALLATION SHALL BE PAID BY THE CITY. IF THE WORK IS FOUND NOT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, THE CONTRACTOR SHALL PAY THE COSTS OF TESTING AND REPLACEMENT OF AN INSTALLATION THAT IS IN ACCORDANCE WITH THE CONTRACT. B. ANY MATERIAL OR EQUIPMENT, WHICH IS FOUND TO BE DEFECTIVE DURING THE TESTS, SHALL BE REMOVED AND REPLACED WITH NEW BY THIS CONTRACTOR AT NO ADDITIONAL COST TO THE CITY UNLESS IT IS FOUND THAT THIS CONDITION WAS CAUSED BY THE CITY OF PITTSBURGH OR A SEPARATE PRIME CONTRACTOR IN WHICH EVENT THE CITY SHALL BE RESPONSIBLE FOR THE PAYMENT OF SAID COSTS AND WILL PURSUE REIMBURSEMENT FROM THE CONTRACTOR (S) RESPONSIBLE. 40. STORAGE OF MATERIALS AND EQUIPMENT A. THE CONTRACTOR WILL BE REQUIRED TO STORE HIS MATERIAL AND EQUIPMENT IN A LOCATION, WHICH WILL NOT INTERFERE WITH THE NORMAL OPERATIONS OF OTHER CONTRACTORS OR EMPLOYEES OF THE CITY, AND IN A MANNER WHICH WILL AFFORD THEM MAXIMUM PROTECTION. THE CITY WILL NOT GUARANTY THE SECURITY NOR BE RESPONSIBLE FOR LOSS, DAMAGE OR THEFT OF STORED MATERIALS OR EQUIPMENT IN A CITY FACILITY. SECURITY OF MATERIALS AND EQUIPMENT IS THE CONTRACTOR'S RESPONSIBILITY. THE CONTRACTOR SHALL REPLACE SUCH ITEMS, AS REQUIRED, AT HIS OWN EXPENSE. B. WHEN CITY OWNED EQUIPMENT IS REMOVED FROM ANY PART OF THE BUILDING SYSTEMS IT SHALL BE TAKEN DOWN WITH DUE CARE IN A WORKMANLIKE MANNER, THE PARTS SHALL BE MARKED FOR IDENTIFICATION, AND THE WHOLE SHALL BE STORED IN THE CITY ' STOCK IN THE CONTRACTOR' PREMISES. SUBJECT TO FURTHER ORDERS OF THE CITY, THE CONTRACTOR MAY BE DIRECTED TO TRANSPORT THE MATERIAL DIRECTLY TO A CITY STORAGE AREA. 41. STORAGE OF MATERIALS AND EQUIPMENT (CONTINUED) C. AT THE END OF EACH PROJECT, A LIST OF ALL CITY OWNED EQUIPMENT IN THE

17 42. PROTECTION OF WORK POSSESSION OF THE CONTRACTOR SHALL BE SENT TO THE DIRECTOR OF FINANCE. SAID EQUIPMENT SHALL BE RETURNED, AT THE CONTRACTOR S EXPENSE, TO THE CITY YARD OR AS DIRECTED BY THE DIRECTOR. A. THIS CONTRACTOR SHALL BE HELD RESPONSIBLE FOR THE PROTECTION OF THE GENERAL PUBLIC AS WELL AS CITY PERSONNEL DURING CONSTRUCTION. THIS TO INCLUDE BUT NOT BE LIMITED TO ERECTION OF BARRICADES, SCREENS, OR OTHER SUCH ENCLOSURES/PRECAUTIONS TO PROTECT OTHER PORTIONS OF THE SITE OR BUILDING FROM DUST, FUMES AND ALL OTHER CONSTRUCTION DEBRIS WITHIN THE JOB-SITE AREA. B. PROTECTION OF HIS WORK PRIOR TO THE FINAL ACCEPTANCE OF SAME IS ALSO THIS CONTRACTORS RESPONSIBILITY. HE SHALL REPAIR OR REPLACE WORK DAMAGED BEFORE FINAL ACCEPTANCE AT HIS OWN EXPENSE. 43. RESTORATION AND MAINTENANCE OF SURFACES A. THE CONTRACTOR SHALL ADEQUATELY PROTECT ADJACENT WORK, EXISTING OR NEW. HE SHALL RESTORE ALL MATERIALS INCLUDING SITE PAVING, OTHER SITE IMPROVEMENTS, LANDSCAPING, EXTERIOR BUILDING COMPONENTS AND SURFACES, INTERIOR BUILDING COMPONENTS, EQUIPMENT AND SURFACES WHICH MAY HAVE BEEN DAMAGED THROUGH HIS ACTIVITIES TO A CONDITION EQUAL TO THAT BEFORE WORK BEGAN, FURNISHING ALL LABOR AND MATERIAL REQUIRED AT HIS OWN COST. B. DURING THE INSTALLATION, REMOVAL, REPAIR, OR MAINTENANCE OF EQUIPMENT UNDER THIS CONTRACT, IT MAY BE NECESSARY FOR THIS CONTRACTOR TO MOVE, REMOVE, OR RELOCATE, FENCES, BARRIERS, OR OTHER OBJECTS IN ORDER TO GAIN ACCESS TO THE PROPOSED PROJECT SITE. THIS CONTRACTOR SHALL PERFORM SUCH DUTIES, WITHIN REASON, AT NO ADDITIONAL CHARGE AND SHALL RESTORE THE SITE TO ITS ORIGINAL CONDITION. C. THE CONTRACTOR SHALL NOT INJURE TREES. TRIMMING OF TREES IN CONNECTION WITH THE WORK OR ACCESS TO THE WORK SITE SHALL BE DONE ONLY UNDER THE SUPERVISION OF THE CITY FORESTER AND/OR HIS DESIGNEE. HOWEVER, THE CONTRACT SHALL NOT BE REQUIRED TO TRIM TREES EXCEPT AT THE TIME OF THE INSTALLATION OF NEW WORK OR REPAIR AND MAINTENANCE OF EXISTING WORK. 44. CUTTING, FITTING AND PATCHING A. THIS CONTRACTOR SHALL DO ALL CUTTING AND FITTING OF ALL WORK THAT MAY BE REQUIRED TO MAKE THE RELATED PARTS COME TOGETHER PROPERLY TO RECEIVE OR BE RECEIVED BY OTHER PARTS OF THE WORK. HE SHALL ALSO DO SUCH PATCHING OF RELATED PARTS AND ASSEMBLIES THAT MAY BE REQUIRED AS A RESULT OF CUTTING AND FITTING WORK. 45. CUTTING, FITTING AND PATCHING (CONTINUED) B. HE SHALL NOT ENDANGER THE STABILITY OF EXISTING STRUCTURES OR ANY PART THEREOF BY CUTTING, DIGGING OR OTHER OPERATIONS. HE SHALL NOT CUT OR ALTER ANY STRUCTURAL COMPONENTS IN ANY WAY SAVE WITH THE WRITTEN CONSENT AND UNDER DIRECTION OF THE DIRECTOR. C. ALL PATCHING SHALL BE DONE BY MECHANICS SKILLED IN THE TRADE WHICH ORIGINALLY ERECTED THE WORK AND IN SUCH MANNER AS TO RESTORE SUCH

18 PARTS TO THEIR ORIGINAL (PRIOR TO THE WORK) CONSTRUCTION, FINISH, AND TO THE SATISFACTION OF THE OWNER. 46. CLEANUP OF PREMISES AND EQUIPMENT A. THE CONTRACTOR SHALL NOT ALLOW WASTE MATERIAL OR RUBBISH CAUSED BY WORK UNDER THIS CONTRACT TO ACCUMULATE IN OR ABOUT THE PREMISES, BUT SHALL PROMPTLY AND THOROUGHLY REMOVE RUBBISH AND EXCESS TOOLS DAILY FROM THE SITE INCLUDING IMMEDIATE WORK AREA, EQUIPMENT AND SCAFFOLDING. STOCKPILE OF STORED MATERIAL MUST BE MAINTAINED IN AN ORDERLY CONDITION. UPON FINAL COMPLETION, HE SHALL LEAVE THE SITE THOROUGHLY CLEANED AND READY FOR USE. IN CASE OF A DISPUTE, THE CITY OF PITTSBURGH MAY REMOVE THE RUBBISH AND DO SUCH CLEANUP AS REQUIRED AND BACKCHARGE THE COST THEREOF TO THE CONTRACTOR RESPONSIBLE. B. THE CONTRACTOR SHALL TAKE LEGAL RESPONSIBILITY FOR THE ENVIRONMENTALLY SAFE DISPOSAL OF CONSTRUCTION DEBRIS, RUBBISH, AND WASTE MATERIAL. SPECIAL DISPOSAL OF TOXIC MATERIALS AND/OR EQUIPMENT SHOULD BE SPECIFICALLY ADDRESSED IN THE CONTRACTOR S PROPOSAL. C. DEMOLISHED MATERIAL WITH SALVAGE VALUE SHALL BE DISPOSED OF AS INSTRUCTED BY THE DIRECTOR. SALVAGED PAYMENTS TO THE CONTRACTOR SHALL BE RETURNED TO THE CITY BY WAY OF A CREDIT PCN. 47. ON ALL PROJECTS UNDER THIS CONTRACT, ANY SUBSTITUTION MUST MEET OR EXCEED THE INTENT OF THE SPECIFICATIONS AND MUST BE SUBMITTED TO THE DIRECTOR FOR ACCEPTANCE. SUBMISSION SHALL INCLUDE COMPLETE CATALOGUE DATA, ENGINEERING DATA, AND SAMPLES, AS REQUIRED, AND SHALL BE FURNISHED IN A TIMELY MANNER FOR REVIEW AND ACCEPTANCE PRIOR TO PURCHASE AND INSTALLATION. 48. REFERENCES INABILITY TO PROVIDE REFERENCES (AS REQUIRED) OR DETERMINATION BY THE CITY OF PITTSBURGH THAT REFERENCES ARE INVALID OR IRRELEVANT SHALL REMOVE A BIDDER FROM CONSIDERATION OF THIS CONTRACT. (SEE ATTACHMENT). 49. INABILITY OF TRADES PERSON TO PROVIDE SATISFACTORY VERIFICATION UPON REQUEST (I.E., EMPLOYMENT HISTORY) OF THEIR EXPERIENCE AND ABILITIES SHALL BE GROUNDS FOR THAT TRADES PERSONS REMOVAL FROM PARTICIPATION IN THE WORK ON CITY PROJECTS. SHOULD THE CONTRACTS FAIL TO REMOVE SAID INDIVIDUAL FROM CITY PROJECTS WHEN SO REQUESTED BY THE DIRECTOR, THE CITY RESERVES THE RIGHT TO IMMEDIATELY TERMINATE THIS CONTRACT. 50. THE CITY OF PITTSBURGH RESERVES THE RIGHT TO INSPECT THE FACILITIES AND AVAILABLE EQUIPMENT TO PERFORM WORK UNDER THIS CONTRACT OF ALL BIDDERS TO DETERMINE THE BIDDERS ABILITIES TO PERFORM THE SERVICES REQUIRED. IF, IN THE OPINION OF THE USER DEPARTMENT THAT MAY RECOMMEND AWARD, THE LOWEST RESPONSIBLE BIDDER DOES NOT HAVE ADEQUATE FACILITIES AND/OR PROPER EQUIPMENT TO SERVICE THIS CONTRACT, BIDDER MAY BE SUBJECT TO REJECTION. 51. OVERTIME OVERTIME, IF APPLICABLE, MAY BE CHARGED AS A MULTIPLE OF THE APPROPRIATE HOURLY RATE AS FOLLOWS: MONDAY THRU FRIDAY OVERTIME: 1.5 X REGULAR HOURLY RATE (IN EXCESS OF 8 HRS. /DAY OR SHIFT DIFFERENTIAL)

19 52. MARKUP WEEKEND/HOLIDAY OVERTIME: 2.0 X REGULAR HOURLY RATE (IN EXCESS OF 40 HRS. PER WEEK.) TO BE CONSIDERED FOR PAYMENT, OVERTIME MUST BE REQUESTED AND APPROVED IN WRITING PRIOR TO THE PERFORMANCE OF SAID WORK. MULTIPLES STATED ABOVE SHALL BE APPLICABLE TO RATES FOR THE DURATION OF THE CONTRACT. A. MARKUPS INDICATED IN PRICE QUOTE SHALL APPLY TO ALL MATERIAL PURCHASES (DOES NOT APPLY TO, UNIT PRICES OR LABOR RATES). B. CONTRACTOR IS TO MAXIMIZE THE ECONOMY OF SUCH PURCHASES AND WILL UTILIZE A SUCCESSFUL MANNER. THE CITY MAY, AT ITS DISCRETION, SUPPLY SOME OR ALL MATERIALS REQUIRED BY THE CONTRACTOR. QUANTITY ESTIMATES FOR SAID MATERIAL WILL BE THE RESPONSIBILITY OF THE CONTRACTOR. 53. USE OF SUBCONTRACTORS MUST BE IDENTIFIED ON EACH PROJECT ESTIMATE AND APPROVED BY THE DIRECTOR. SUCH USAGE SHALL BE PERMITTED ONLY WHERE THE SUBCONTRACTED WORK IS MINOR, A SPECIALTY TRADE, INCIDENTAL TO THE TOTAL PROJECT, AND/OR MORE COST/TIME EFFECTIVE THAN OTHER MEANS AVAILABLE. BILLING RATES FOR UNLISTED COMMON AND SPECIALTY LABOR MAY NOT EXCEED INDUSTRY STANDARD RATES FOR THAT TRADE AND MUST HAVE BEEN PREVIOUSLY APPROVED BY THE DIRECTOR VIA THE LETTER OF ACCEPTANCE (LOA). PAYROLL VERIFICATION FOR UNLISTED COMMON AND SPECIALTY LABOR MUST BE SUBMITTED WITH INVOICE. UNAPPROVED OR UNVERIFIED COMMON OR SPECIALTY LABOR PAYROLL BILLINGS WILL BE PAID AT THE LOWEST CONTRACTOR S LABOR RATES. SUBCONTRACTORS INVOICES MUST BE BROKEN DOWN BY PERSONNEL (RATE AND HOURS WORKED), MATERIALS AND EQUIPMENT SIMILAR TO THE CONTRACTOR S BREAKDOWN. FAILURE TO DO SO MAY DELAY PAYMENT. 54. USE OF RENTAL FACILITIES, AS APPLICABLE, MUST BE IDENTIFIED ON EACH PROJECT ESTIMATE AND APPROVED BY THE DIRECTOR. COSTS INCURRED BY CONTRACTOR FOR TEMPORARY FACILITY RENTAL (EX: BULK STORAGE, OVERSIZE STORAGE, ETC.) INCLUDING ASSOCIATED UTILITY COSTS (IF ASSESSED), ETC. SHALL BE REIMBURSED ON A STRAIGHT COST PLUS BASIS. 55. CONTRACTOR WILL NOT BE REIMBURSED FOR THE USE OF EQUIPMENT WHICH IS NORMAL, NECESSARY, AND BASIC TO THE PERFORMANCE OF ANY TRADE COVERED HEREIN. 56. THIS CONTRACT WILL BE UNDER THE DIRECT SUPERVISION OF THE CITY OR ITS AUTHORIZED REPRESENTATIVES. ANY ALTERATIONS OR MODIFICATIONS OF THE WORK PERFORMED UNDER THIS CONTRACT SHALL BE MADE ONLY BY WRITTEN AGREEMENT BETWEEN THE CONTRACTOR AND THE CITY S AUTHORIZED REPRESENTATIVES AND SHALL BE MADE PRIOR TO COMMENCEMENT OF THE ALTERED OR MODIFIED WORK. NO CLAIMS FOR EXTRA WORK OR MATERIALS SHALL BE ALLOWED UNLESS COVERED BY WRITTEN AGREEMENT. 57. THE CONTRACTOR SHALL PROVIDE QUALIFIED SUPERVISION OF EACH CREW AT ALL TIMES WHILE WORKING UNDER THIS CONTRACT. EACH SUPERVISOR SHALL BE AUTHORIZED BY THE CONTRACTOR TO ACCEPT AND ACT UPON ALL DIRECTIVES ISSUED BY THE CITY. FAILURE OF THE SUPERVISOR TO ACT ON SAID DIRECTIVES SHALL BE SUFFICIENT CAUSE TO GIVE NOTICE THAT THE CONTRACTOR IS IN DEFAULT OF THE CONTRACT, UNLESS SUCH DIRECTIVES WOULD CREATE POTENTIAL PERSONAL INJURY OR SAFETY HAZARDS. 58.THE CONTRACTOR SHALL PLACE SUFFICIENT HIGHWAY SIGNS, FLAGS, AND BARRICADES IN CONSPICUOUS LOCATIONS AND CONTROL ALL PEDESTRIAN AND VEHICULAR TRAFFIC TO PREVENT INJURY TO THE PUBLIC OR DAMAGE TO PARK FACILITIES DURING HIS TIME OF OPERATIONS. THE STREET, SIDEWALKS, OR PARK AREAS MUST BE CLEAN OF ALL DEBRIS AT THE END OF EACH WORKING DAY.

20 59. THE CITY SHALL HAVE THE RIGHT TO TERMINATE A CONTRACT OR ANY PART THEREOF BEFORE THE WORK IS COMPLETED IN THE EVENT THAT: A. PREVIOUSLY UNKNOWN CIRCUMSTANCES MAKE IT DESIRABLE AND IN THE PUBLIC INTEREST TO VOID THE CONTRACT. B. THE CONTRACTOR IS NOT ADEQUATELY COMPLYING WITH THE SPECIFICATIONS. C. THE CONTRACTOR REFUSES, NEGLECTS, OR FAILS TO SUPPLY A PROPERLY TRAINED WORKFORCE AND/OR SKILLED SUPERVISORY PERSONNEL; OR THE EQUIPMENT SUPPLIED IS OF THE WRONG TYPE, OF INFERIOR QUALITY, OR OF INSUFFICIENT QUANTITY TO MEET SPECIFICATIONS. D. THE CONTRACTOR, IN THE JUDGEMENT OF THE CITY, IS UNNECESSARILY OR WILLFULLY DELAYING THE PERFORMANCE AND COMPLETION OF THE WORK. E. THE CONTRACTOR REFUSES TO PROCEED WITH WORK WHEN AND AS DIRECTED BY THE CITY. F. THE CONTRACTOR ABANDONS THE WORK. G. THE CONTRACTOR FAILS TO RESPOND TO EMERGENCY WORK WITHIN THE TIME SET FORTH IN THE SPECIFICATIONS. H. THE CONTRACTOR SHALL BE NON-EXCLUSIVE. THE CITY RESERVES THE RIGHT TO DO WORK OF THE TYPE COVERED BY THIS CONTRACT, WITH CITY FORCES OR WITH OTHER CONTRACTS. 60. AGGREGATE RESTRICTION DO NOT USE SLAG AS SUBBASE, COARSE AGGREGATE FOR PIPE TRENCH BACKFILL, SELECTED BORROW EXCAVATION, STRUCTURE BACKFILL OR ANY ITEM WHEERE THE AGGREGATE IS DIRECTLY BELOW PAVEMENT OF ANY TYPE, UNLESS OTHERWISE INDICATED. 61. AIR POLLUTION CONTROL FOLLOW THE ALLEGHENY COUNTY HEALTH DEPARTMENT S RULES AND REGULATIONS, ARTICLE XXI, ADOPTED FEBRUARY 1, 1994, AND ITS LATEST REVISIONS CONCERNING AIR POLLUTION CONTROL. 62. ANTICIPATED NOTICE TO PROCEED DATE THE ANTICIPATED NOTICE TO PROCEED DATE ON MAINTENANCE PROJECTS WILL BE DETERMINED BY THE DEPARTMENT ON A PER PROJECT BASIS. 63. BUSINESS PRIVILEGE TAX THE RECEIPTS GENERATED BY THIS CONTRACT MAY BE SUBJECT TO THE CITY S BUSINESS PRIVILEGE TAX AS SPECIFIED IN CHAPTER 243 OF THE CITY CODE. CONTACT THE CITY OF PITTSBURGH, DEPARTMENT OF FINANCE, AT (412) TO DETERMINE IF YOU ARE LIABLE FOR THE BUSINESS PRIVILEGE TAX. WHEN YOUR PLACE OF BUSINESS IS IN THE CITY, AND YOU ARE SELLING GOODS, WARES OR MERCHANDISE UNDER THE TERMS OF THIS CONTRACT, INCLUDE AS PART OF YOUR GROSS INCOME, THE RECEIPTS GENERATED BY THIS CONTRACT AND REPORT THESE ON YOUR MERCANTILE TAX RETURN.

21 REGISTER WITH THE CITY WHEN RECEIPTS OF YOUR CONTRACT ARE SUBJECT TO THE BUSINESS PRIVILEGE TAX. FAILURE TO REGISTER GRANTS THE DIRECTOR OF THE DEPARTMENT OF FINANCE THE RIGHT TO RE-AWARD THE CONTRACT TO THE NEXT LOWEST RESPONSIBLE BIDDER. 64. DETAILS AND DIMENSIONS THE DETAILS SHOWN ON THE CONTRACT PLANS WERE MADE TO CONFORM TO EXISTING MEASUREMENTS WITH THE IDEA OF MAKING THE MATERIAL FIT THE SITUATION AS IT EXISTS IN THE FIELD. IT IS THE CONTRACTOR S RESPONSIBILITY TO VERIFY THE DIMENSIONS IN THE FIELD AND MAKE THE NECESSARY ADJUSTMENTS TO INSURE THE CORRECT FIT OF THE MATERIAL. 65. NIGHT WORK, CITY HOLIDAYS AND WEEKEND WORK DO NOT PERFORM ANY WORK DURING THE ABOVE PERIODS EXCEPT WHEN ORDERED BY THE DIRECTOR AND/OR AT THE REQUEST OF THE CONTRACTOR, WITH APPROVAL OF THE DIRECTOR. DO NOT BEGIN WORK BEFORE 7:00 AM LOCAL TIME. PROVIDE AT LEAST TWO DAYS ADVANCE NOTICE FOR SUCH A REQUEST. 66. PAYMENT FOR INCIDENTAL WORK THE FOLLOWING WORK IS CONSIDERED INCIDENTAL TO THE ITEMS OF WORK IDENTIFIED AND WILL NOT BE PAID SEPARATELY. WORK SPECIFIED AS INCIDENTAL FOR A CONTRACT ITEM IS TO BE CONSIDERED AS AN ADDITIONAL OBLIGATION TO THE OTHER WORK REQUIRED FOR THE ITEM(S). THIS INCIDENTAL WORK IS NOT PAYABLE DIRECTLY, BUT IS TO BE CONSIDERED INCLUDED IN THE CONTRACT PRICE FOR THE ITEM(S) OF WORK SPECIFIED. WORK ENGINEERING SERVICES SAW CUTTING PROTECTION OF EXISTING, NEW AND TEMPORARY UTILITY SERVICES BONDS AND INSURANCE ACCESS TO WORK AREAS AND PERMITS ACCESS TO ADJOINING PROPERTY PROVIDE ½ EXPANSION MATERIAL & SEAL WITH SIKAFLEX 1-A DISPOSAL OF EXCAVATED MATERIALS HANDRAIL EXPANSION JOINTS SEEDING/MULCHING OF DISTURBED AREAS (EXCEPT WHERE NOTED) ADDITIONAL TRAFFIC SIGNS, AS DIRECTED PROTECTIVE COATING FOR REINFORCED CONCRETE SURFACES (BOILED LINSEED OIL) EPOXY COATED REINFORCEMENT STEEL (REBAR, DOWELS) EPOXY BONDING COMPOUND SUPPORTING EXISTING STRUCTURES CLEANING OF EXISTING REINFORCEMENT BACKFILL ALL NEW & EXISTING STRUCTURES (AS REQUIRED) APPLYING RUST INHIBITOR INCIDENTAL TO ALL ITEMS OF WORK VARIOUS ITEMS ALL INSTALLED SERVICES MOBILIZATION MOBILIZATION MAINTENANCE PROTECTION OF TRAFFIC CONCRETE ITEMS ALL ITEMS OF WORK HANDRAIL ITEM ALL ITEMS OF WORK MAINTENANCE PROECTION OF TRAFFIC CONCRETE ITEMS CONCRETE ITEMS CONCRETE ITEMS CONCRETE ITEMS CONCRETE ITEMS ALL ITEMS OF WORK CONCRETE ITEMS

22 67. SCOPE OF WORK THIS MAINTENANCE CONTRACT INVOLVES CONCRETE SPALL REPAIRS, INDIVIDUAL TREAD REPLACEMENTS, HANDRAIL AND POST REPLACEMENT IN EXISTING CONSTRUCTION, AND RECONSTRUCTION OF SECTIONS OF STEPS AND TOP PLATFORMS ON CITY OWNED STEPS IN VARIOUS LOCATIONS THROUGHOUT THE CITY. 68. MBE/WBE SOLICATION AND COMMITMENT IT IS THE CITY S CURRENT GOAL TO ENCOURAGE INCREASED MINORITY AND WOMEN S PARTICIPATION IN ALL CITY CONTRACTS. IT IS BELIEVED THAT IT IS REASONABLE TO EXPECT THAT WITHIN FIVE (5) YEARS, MINORITY PARTICIPATION WILL CONSTITUTE TWENTY-FIVE PERCENT (25%), AND WOMEN S PARTICIPATION WILL CONSTITUTE TEN PERCENT (10%) OF THE TOTAL DOLLAR OF CITY CONTRACTS. THE CITY, THEREFORE, REQUIRES THAT VENDOR DEMONSTRATE A GOOD FAITH EFFORT TO OBTAIN THE PARTICIPATION OF CERTIFIED MINORITY AND WOMEN S BUSINESS ENTERPRISES IN WORK TO BE PERFORMED UNDER THIS CONTRACT. IN ORDER TO DEMONSTRATE THIS GOOD FAITH COMMITMENT, VENDOR IS REQUIRED TO COMPLETE AND SUBMIT A MBE/WBE SOLICITATION AND COMMITMENT STATEMENT, WHICH DETAILS THE EFFORTS MADE BY VENDOR TO OBTAIN SUCH PARTICIPATION, AND INCLUDES AN MBE/WBE COMMITMENT WAIVER REQUEST. CONTRACTS MUST BE ACCOMPANIED BY EITHER MBE/WBE SOLICITATION AND COMMITMENT STATEMENT OR AN MBE/WBE COMMITMENT WAIVER REQUEST. 69. MBE/WBE REPORT BY ENTERING INTO A CONTRACT WITH CITY, VENDOR AGREES TO SUBMIT A FINAL REPORT WITHIN THIRTY (30) DAYS OF THE CITY S REQUEST, DETAILING THE ACTUAL LEVELS OF MBE AND WBE PARTICIPATION IN THE CONTRACT. ANY DISPARITY BETWEEN ACTUAL PARTICIPATION LEVELS AND THE PARTICIPATION LEVELS PROJECTED IN THE MBE/WBE SOLICITATION AND COMMITMENT STATEMENT WILL BE EXPLAINED IN THE FINAL REPORT. FAILURE TO MAKE A GOOD FAITH EFFORT TO MEET THE GOALS STATED IN THE MBE/WBE SOLICITATION AND COMMITMENT STATEMENT MAY BE CONSIDERED A MATERIAL BREACH OF THE CONTRACT RESULTING IN DEBARMENT FROM PARTICIPATION IN FUTURE CITY CONTRACTS. 70. BASIS OF AWARD A. The following sections of the Bid shall be considered as basis for award of the Contract; 76.1 Unit Prices 76.2 Personnel 76.4 Markup 76.5 Equipment 76.6 References

23 B. All Unit Prices (items), Personnel, Markup, and Equipment (Truck Time) must be bid for each year bid or your proposal may be rejected. C. The City may elect to have work performed utilizing (a) Unit Prices, (b) Time & Material (T&M) or (c) Lump Sum as the basis for determining project costs. Work performed using Unit Prices (Section 3.1) represent all costs associated with the work and are inclusive, as stated, will determine final project costs. Work performed on a T&M basis will use the Personnel Rates (Section 3.2), Overtime Rates (Section 3.3) if applicable, Markups (Section 3.4), and Equipment Rates (Section 3.5) to determine final project costs. Work performed as Lump Sum shall be based on agreed to price prior to authorization based on unit costs from Penn Dot s 408 specifications or comparable. D. It is the intention of this contract to limit T & M and Lump Sum work to those items that are not listed as unit price items. (Section 3.1) so as to use those unit price rates listed to the greatest extent possible. New items, where applicable, should be priced per unit in the proposal or as specifically requested on a project by project base. E. The City of Pittsburgh reserves the right to terminate this contract at the end of any calendar year UNIT PRICES A. The estimated annual quantities listed are for the sole purpose of evaluating the low Bidder and shall not be construed as an accurate approximation of quantities to be handled under this contract. The City of Pittsburgh reserves the right to order more or less than the quantities listed at the prices stipulated. Contractor shall bid unit price as per single unit only, (one LF, one SF etc.). Unit Prices bid shall include all labor, materials (e.g. fasteners, hardware, accessories, etc.) equipment, tools, and supplies as required to provide complete installation of the item "in place" including all contractor mark up overhead and profit. B. Manufacturer s name and catalogue number are listed to indicate the preferred type, quality, and appearance of the materials desired and are not listed with the intent to limit the materials, furnished to any particular manufacturer. However, on all projects under this contract, any substitution MUST meet or exceed the intent of the specifications and MUST be submitted to the Director for acceptance. Submission shall include complete catalogue data, engineering data, and samples, as required, and shall be furnished in a timely manner (allow minimum 2 weeks) for review and acceptance prior to purchase and installation. All model numbers specified herein are for bidding purposes only. Bidders, however, MUST BID THE ITEMS AS SPECIFIED herein PERSONNEL The approximate annual hours listed are for the purpose of evaluating the low bidder and shall not be construed as an accurate approximation of quantities to be handled under this contract. The City of Pittsburgh reserves the right to order more or less than the quantities listed at the prices stipulated. Contractor shall bid unit price as per single unit (hour) only. The rates bid are to include all Contractors overhead and profit.

24 A. A rate per hour must be bid for each trade listed. It is not necessary for the Bidder to have all trades on payroll at the time of bid. B. Personnel reporting, as directed, to the job site and work being cancelled because of inclement weather, breakdown, or any other just cause, as determined by the City of Pittsburgh, shall receive two hours report time; such personnel working two hours but less than four shall receive four hours compensation; personnel working four hours but less than six shall receive six hours compensation; personnel working six hours but less than eight hours shall be compensated for eight hours. These terms apply only to trades people (not superintendents, project managers, etc.) and only when such cancellation is so directed by the City of Pittsburgh. Work cancellation resulting from negligence on the parts of the Contractor will not receive compensation. C. Principals, project managers, estimators, expeditors, clerical and all other office personnel shall be considered Overhead. Time spent in preparation of an estimate for each project shall be considered Overhead. Time spent preparing and securing permits, drawings required thereof, shop drawings, submittals, schedules, reports and invoices shall also be considered Overhead costs. D. Superintendent s field time must be verified by Inspector s logbook entries. Only the Superintendent s actual time spent on the job site will be compensated to the nearest ¼ Hour. Superintendent s travel time and office time will be considered Overhead costs. A Superintendent shall be defined as an individual overseeing several jobs with several foremen reporting to him. E. Hauling or delivery of personnel, materials, supplies, or equipment to/from/within the job site(s) is not to be considered as billable hours. Travel time for personnel to/from/within the job site(s) is also not to be considered as billable hours. These costs incurred by the Contractor are to be included in Materials at Net Cost Plus (Section 3.4), Unit Prices (Section 3.1) and Personnel (Section 3.2). Time charged for picking-up unexpected material needs, etc., will be compensated at the lowest trade rate bid and only with prior approval of the Director s representative. F. Inability to provide references (as required) or determination by the City of Pittsburgh that references are invalid or irrelevant may remove a bidder from consideration for award of this contract. G. Inability of tradesperson to provide satisfactory verification (i.e., employment history) of their experience and abilities shall be grounds for that tradespersons removal from participation in the work on City projects. Should the Contractor fail to remove said individual from City projects when so requested by the Director, the city reserves the right to immediately terminate this contract. H. The City of Pittsburgh reserves the right to inspect the facilities and available equipment to perform work under this contract of all bidders to determine the bidders abilities to perform the services required. If, in the opinion of the user Department that may recommend award, the lowest responsible bidder does not have adequate facilities and/or proper equipment to service this contract, bidder may be subject to rejection.

25 70.3 EQUIPMENT A. Cost of equipment rental (rate per hour) shall be based on direct cost as per rental company invoice or if Contractor s own equipment (rate per hour) shall be based on RENTAL RATES & SPECIFICATIONS (Latest Edition), Associated Equipment Distributors, 615 W. 22 nd Street, Oakbrook, IL or other approved publication. Equipment rental rates shall be paid straight time plus applicable State taxes in all cases. B. Contractor will not reimbursed for the use of equipment which is normal, necessary, and basic to the performance of any trade covered herein. C. The Truck rate (including driver) is intended to be used only when pre-approved for the hauling away from the site of construction debris, including demolished materials, discarded equipment, materials and scraps, and construction generated trash and waste. The Contractor must specifically request truck time (as each project warrants) in the project proposal for approval by the Director. Approval will be so stated in the Letter of Acceptance (LOA). A. Truck time shall be bid based upon use of a minimum 6 cu. yard dump truck. Truck time shall not include idle time spent parked waiting to be loaded or unloaded. Truck (including driver) time when specifically pre-approved by the Director may be billed at the following rate per hour: (Multiply truck time hourly rate by approximate annual quantity of 10 hours to determine estimate used as basis of award. B. Non-motorized vehicles including wheelbarrows, carts, etc. and hand tools including electric motor operated hand tools, portable pipe threaders, torches for welding, cutting and soldering together with associated gas and oxygen tanks shall be considered as part of Overhead cost and will not be compensated separately. C. Trucks and trailers used for hauling, transporting or delivery of personnel, equipment and/or supplies shall be considered as part of Overhead and will not be compensated for separately without written pre-authorization from the Director as so stated in the LOA. D. All truck and passenger car time, other than that specifically pre-authorized and shown on the project estimate for removal of debris, shall be considered an Overhead cost and as such, is not billable BID SUMMARY A. UNIT PRICES BID IN THIS CONTRACT SHALL BE EXTENDED BY MULTIPYING EACH BY THE APPROPRIATE UNIT OF MEASURE LISTED. SAID EXTENSIONS SHALL THEN BE TOTALLED PER YEAR. IN THE EVENT OF MATHEMATICAL ERRORS ON EXTENSIONS OR PRICES, UNIT PRICES SHALL PREVAIL. PROJECT SPECIFICATIONS 1. PAINTING NEW/EXISTING RAILING SYTEM THIS WORK IS THE PAINTING OF THE EXISTING RAILING SYSTEM (BOTH RAILING AND POSTS). THIS INVOLVES POWER TOOL CLEANING (SP-3) ALL THE RUSTED AND PAINT FAILURE AREAS. THE APPLICATION OF AN APPROVED THREE (3) COAT ALKYD INDUSTRIAL ENAMEL PAINT SYSTEM WILL BE USED TO COAT THE CLEANED AREAS. AFTER ALL RUSTED AND PAINT FAILURE AREAS ARE CORRECTED, APPLY A FINISH

26 COAT OVER THE ENTIRE RAILING SYSTEM THAT HASN T ALREADY BEEN PAINTED WITH A THREE (3) COAT SYSTEM. NOTE: ALL OTHER AREAS THAT ARE TO BE PAINTED ARE TO BE PREPPED FOR PROPER PAINT ADHESION. A. MATERIAL *ALKYD INDUSTRIAL ENAMEL PAINT. FINISH COLOR TO BE APPROVED BY THE CITY OF PITTSBURGH S PUBLIC WORKS DEPARTMENT. CONSTRUCTION SURFACE PREPARATION. *POWER TOOL CLEANING OF RUSTED AND LAMINATED AREAS AS DEFINED IN SSPC-SP3. THESE AREAS ARE THEN TO BE PRIMER PAINTED AS RECOMMENDED BY THE MANUFACTURER. *APPLY AN INTERMEDIATE AND FINISH COAT AS RECOMMENDED BY THE PAINT MANUFACTURER. MEASUREMENT AND PAYMENT LINEAR FOOT MEASUREMENT WILL BE ALONG TOP OF RAIL FROM RAIL START TO RAIL END. HANDRAIL POSTS WILL BE PAID AT 3 FEET EACH. 2. DESCRIPTION: THIS WORK IS THE FURNISHING AND INSTALLING OF ID-2 BINDER AND WEARING MATERIALS. A. MATERIALS *BITUMINOUS MATERIAL *SEALING MATERIAL. SECTION 705.4(b) OR (c). *TAPE BOND BREAKER. SECTION (c) B. CONSTRUCTION BITUMINOUS BINDER COURSE, ID-2. BITUMINOUS WEARING COURSE ID-2. FURNISH ALL EQUIPMENT AND LABOR TO HAUL, PLACE AND FINISH ALL MATERIALS. FURNISH AND APPLY SEALING MATERIALS PROVIDE DUPLICATE LOAD SLIPS OF BITUMINOUS MATERIAL FOR EACH TRUCK AND SUBMIT LOAD SLIPS TO THE PROJECT INSPECTOR. EACH SLIP MUST BE STAMPED WITH THE TIME THE TRUCK WAS LOADED. MEASUREMENT AND PAYMENT SQUARE YARD FINAL COMPACTED THICKNESS OF EACH COURSE WILL BE AT LEAST 1 ½ INCHES (3 COMBINED THICKNESS). FURNISHING AND APPLYING SEALING MATERIALS ARE INCIDENTAL TO THESE ITEMS. 3. CONCRETE STEPS REPLACEMENT TYPE 1, 4 0 WIDTH

27 CONCRETE STEPS REPLACEMENT TYPE 1, 5 0 WIDTH CONCRETE STEPS REPLACEMENT TYPE 1, 6 0 WIDTH A. DESCRIPTION. THIS WORK COULD INVOLVE THE COMPLETE REMOVAL, DISPOSAL AND REPLACMENT OF THE EXISTING PLATFORMS, STEPS AND STRINGERS, OR AS DESIGNATED IN A WRITTEN SCOPE OF WORK. THIS ITEM IS INDEPENDENT OF ALL OTHER CONCRETE ITEMS AND WILL NOT BE PAID ADDITIONALLY TO THOSE ITEMS FOR THE SAME WORK. B. MATERIALS *CEMENT CONCRETE: CITY CLASS P CEMENT CONCRETE. *OTHER MATERIAL: REINFORCEMENT (EPOXY COATED), GRADE 60 SECTION 709. RUST INHIBITOR EPOXY BONDING COMPOUND ASTM-C881 PROTECTIVE COATING (50% KEROSENE and 50% BOILED LINSEED OIL) ALUMINUM OXIDE ABRASIVE GRAINS OR EMERY GRAINS (USE ON ALL WALKING SURFACES). C. CONSTRUCTION: FALSEWORK SUBMIT A PLAN SHOWING TEMPORARY SUPPORT FOR THE EXISTING PLATFORMS. THE PERIMETERS OF DESIGNATED INTERSECTING CONCRETE REMOVAL AREAS ARE TO BE SAW CUT ¾ INCH PRIOR TO DEMOLITION. CONSTRUCT THE TYPE 1 CONCRETE STEPS AND INDIVIDUAL PLATFORMS AS DETAILED ON THE CITY STANDARD DRAWING NUMBER H-485. CLEAN EXISTING REINFORCEMENT FREE OF RUST AND CONCRETE AND TIE TO NEW REINFORCEMENT. THE EXISTING REINFORCEMENT IS TO BE COATED WITH A RUST INHIBITOR. THIS ITEM INCLUDES EPOXY COATED REINFORCEMENT, EPOXY BONDING COMPOUND PLACED BETWEEN EXISTING AND NEW CONCRETE AS PER MANUFACTURERS SPECIFICATIONS, SUBBASE, EXCAVATION, BACKFILL WITH SUITABLE MATERIAL AND THE DISPOSAL OF ALL EXCESS OR UNSUITABLE MATERIAL. D. MEASUREMENT AND PAYMENT LINEAR FOOT THIS ITEM IS MEASURED HORIZONTALLY AND LONGITUDINALLY (ON THE PROFILE VIEW) AS INDICATED ON THE PLANS OR SKETCHES PROVIDED BY THE CITY. 4. TREAD REPLACEMENT (4-0 WIDTH), CONCRETE STEPS TYPE 2 TREAD REPLACEMENT (5-0 WIDTH), CONCRETE STEPS TYPE 2 TREAD REPLACEMENT (6-0 WIDTH), CONCRETE STEPS TYPE 2 A. DESCRIPTION. THIS WORK IS THE REMOVAL OF DESIGNATED STEP AND/OR PLATFORM TREADS AND REPLACEMENT WITH CONTRACTOR SUPPLIED PRE-CAST REPLACEMENT TREADS WITH A ¼ NON-SLIP WEARING SURFACE. THIS INCLUDES ALL SIZES OF TREADS ON CITY OWNED STEPS..

28 B. MATERIALS: CITY CLASS P CEMENT CONCRETE USE NO. 8 COARSE AGGREGATE. ALUMINUM OXIDE ABRASIVE GRAINS OR EMERY GRAINS NON-STAINING, NON-SHRINKING MORTAR REINFORCEMENT STEEL (EPOXY COATED) C. CONSTRUCTION: REMOVE THE EXISTING TREAD WITHOUT DAMAGING THE SUPPORTING STRINGERS. UPON REMOVAL OF DETERIORATED TREADS CLEAN OLD MORTAR FROM STRINGER. BLOW SUPPORTING AREAS CLEAN WITH OIL-FREE COMPRESSED AIR AND PROTECT THEM AGAINST ANY CONTAMINATES DETRIMENTAL TO THE BOND OF THE SETTING MORTAR. PRE-CAST THE REQUIRED NUMBER OF TREADS IN ACCORDANCE WITH CITY STANDARD DRAWINGS ML-191 & ML-192. SET THE TREADS IN THE STRINGERS USING A BED OF NON-STAINING, NON-SHRINKING MORTAR, FOLLOW MANUFACTURES DIRECTIONS. ALLOW THE MORTAR TO CURE FOR 5 DAYS BEFORE APPLYING ANY LIVE LOAD. D. MEASUREMENT AND PAYMENT EACH 5. EXTRA STRONG STEEL PIPE HANDRAIL (1 ½ OUTSIDE DIAMETER) A. DESCRIPTION. THIS WORK IS THE PLACEMENT AND/OR REPLACEMENT OF HANDRAIL. B. MATERIALS: RAILING ASTM-A53, TYPE 3, GRADE A, SCHEDULE 80. C. CONSTRUCTION: AS SHOWN ON CITY STANDARDS AND AS FOLLOWS: INSTALL EXPANSION JOINTS AS DIRECTED. LOCATE EXPANSION JOINT WELD TO PREVENT WATER INTRUSION INTO THE RAILING. GRIND ALL WELDS SMOOTH PRIOR TO PAINTING. APPLY ONE SHOP COAT OF PRIMER AFTER FABRICATION. FOLLOW THE MANUFACTURER S DIRECTIONS. TOUCH UP ALL PAINTED AREAS THAT WERE DAMAGED DURING FABRICATION, SHIPPING AND/OR INSTALLATION. USE PRIMER PAINT FOR TOUCH UP AND FOLLOW THE MANUFACTURER S DIRECTIONS. APPLY TWO FIELD COATS OF FINISH ENAMEL AFTER INSTALLATION AND TOUCH UP, AS PER ITEM FOLLOW THE PAINT MANUFACTURER S DIRECTIONS. D. MEASUREMENT AND PAYMENT LINEAR FOOT MEASURED ALONG TOP OF EACH LENGTH OF PIPE; INCLUDES EXPANSION JOINTS. 6. EXTRA STRONG STEEL PIPE POSTS FOR HANDRAIL (1 ½ OUTSIDE DIAMETER) A. DESCRIPTION. THIS WORK IS THE PLACEMENT AND/OR REPLACEMENT OF HANDRAIL POSTS. B. MATERIALS:

29 POSTS ASTM-A53, TYPE E, GRADE A, SCHEDULE 80, GALVANIZE BOTTOM OF POST NOT LESS THAN 18. GROUT (NON-SHRINKING, NON-STAINING) SIKAFLEX 1-A CAULKING OR EQUAL C. CONSTRUCTION AS SHOWN ON CITY STANDARD DRAWINGS AND AS FOLLOWS: PREPARE ZINC-COATED GALVANIZED STEEL SURFACES ACCORDING TO ASTM-D2092. APPLY ONE SHOP COAT OF PRIMER AFTER FABRICATION. FOLLOW MANUFACTURER S DIRECTIONS. TOUCH UP ALL PAINTED AREAS THAT WERE DAMAGED DURING FABRICATION, SHIPPING AND/OR INSTALLATION. USE PRIMER PAINT FOR TOUCH UP AND FOLLOW THE MANUFACTURER S DIRECTIONS. WHEN INSTALLING POSTS, MOUND GROUT AT BASE OF POSTS TO PREVENT WATER PONDING AROUND COLUMN. IN SITUATIONS WHERE THE POST IS MOUNTED IN A SLEEVE THE JOINT IS TO BE CAULKED TO MAINTAIN A WATERTIGHT SEAL. APPLY TWO FIELD COATS OF FINISH ENAMEL AFTER INSTALLATION AND TOUCH UP. FOLLOW THE PAINT MANUFACTURER S DIRECTIONS. D. MEASUREMENT AND PAYMENT LINEAR FOOT INCLUDES INSTALLATION IN PROPOSED OR EXISTING LOCATIONS AND ATTACHMENT OF EXISTING HANDRAILS. ALSO INCLUDES CORING OF CONCRETE FOR NEW GROUTED SLEEVES FOR POSTS. 7. TYPE A SPALL REPAIR TYPE B SPALL REPAIR A. DESCRIPTION. THIS WORK IS REMOVING AND PATCHING DESIGNATED AREAS OF DETERIORATED CONCRETE OF THE EXISTING STRUCTURE(S). SPALL REPAIRS WILL BE CLASSIFIED INTO TWO TYPE AS FOLLOWS: *THIS ITEMS IS INDEPENDENT OF ALL OTHER CONCRETE ITEMS AND WILL NOT BE PAID ADDITIONALLY TO THOSE ITEMS FOR THE SAME WORK. TYPE A. AREAS WHERE DETERIORATED CONCRETE EXTENDING DOWN TO A MAXIMUM DEPTH OF THE BOTTOM OF THE TOP MAT OF REINFORCEMENT BARS OR 3. TYPE B. AREAS WHERE DETERIORATED CONCRETE EXTENDING BEYOND THE DEPTH OF THE BOTTOM OF THE TOP MAT OF THE REINFORCEMENT BARS OR WHERE REINFORCEMENT BARS ARE UNBONDED. FOR THIS TYPE OF REPAIR, REMOVE TO A DEPTH THAT PROVIDES A MINIMUM OF ¾-INCH CLEARANCE AROUND REINFORCEMENT BARS. B. MATERIALS: PATCHING MATERIAL. NON-SHRINK, NON-STAINING GROUT FROM MANUFACTURERS LISTED IN BULLETIN 15.

30 RUST INHIBITOR LIQUID, ACRYLIC-POLYMER, BONDING ADDITIVE (REPLACES ALL OR PART OF MIXING WATER IN CONCRETE). EPOXY BONDING COMPOUND MEET THE REQUIREMENTS OF ASTM-C881. REINFORCEMENT BARS (EPOXY COATED) C. CONSTRUCTION: CLEAN EXISTING REINFORCEMENT FREE OF RUST AND CONCRETE AND TIE TO A NEW REINFORCEMENT. THE EXISTING REINFORCEMENT IS TO BE COATED WITH A RUST INHIBITOR. PLACE FORMS SO THAT THE FINISHED REPAIR SURFACE IS FORMED OUT 1 INCH FROM EXISTING CONCRETE ON PLATFORM OR STRINGER SIDES. THE WALKING SURFACE IS TO BE LEVEL WITH EXISTING CONCRETE. D. MEASUREMENT AND PAYMENT CUBIC FOOT 8. CONCRETE COLUMN AND/OR FOOTER REPLACEMENT A. DESCRIPTION. THIS WORK IS THE REPLACEMENT OF DETERIORATED STEP AND PLATFORM COLUMNS. TYPICAL CONCRETE COLUMNS MEASURE 9 X 12 AND FOOTERS ARE 1-9 X 2 0. *THIS ITEM IS INDEPENDENT OF ALL OTHER CONCRETE ITEMS AND WILL NOT BE PAID ADDITIONALLY TO THOSE ITEMS FOR THE SAME WORK. B. MATERIALS USE CITY CLASS P CEMENT CONCRETE. REINFORCEMENT STEEL (EPOXY COATED), GRADE 60 RUST INHIBITOR EPOXY BONDING COMPOUND MEET THE REQUIREMENTS OF ASTM-C881. C. CONSTRUCTION: TEMPORARILY SUPPORT ALL STRUTS AND PLATFORMS AROUND THE COLUMN TO BE REPLACED. REMOVE THE EXISTING COLUMN WITHOUT DAMAGING ANY OTHER PART OF THE STRUCTURE. DO NOT CUT OFF ANY REINFORCEMENT THAT IS STILL EMBEDDED INTO OTHER PARTS OF THE STRUCTURE, INCORPORATE THESE INTO THE NEW COLUMN. CLEAN EXISTING REINFORCEMENT FREE OF RUST AND CONCRETE AND TIE TO NEW REINFORCEMENT. THE EXISTING REINFORCEMENT IS TO BE COATED WITH A RUST INHIBITOR. FORM THE COLUMN AND ADD REQUIRED REINFORCEMENT IN ACCORDANCE WITH CITY STANDARD DRAWINGS H-485 & F-710, AND ANY OTHER CITY PROVIDED DRAWING AS REQUIRED. MAINTAIN AND PROTECT EXISTING FOOTING AND REINFORCEMENT. PLACE NEW CONCRETE ON EPOXY BONDING COMPOUND. D. MEASUREMENT AND PAYMENT VERTICAL CUBIC FOOT 9. CONCRETE STRINGER REPLACEMENT (STAIR OR PLATFORM) A. DESCRIPTION. THIS WORK IS THE REPLACEMENT OF DETERIORATED CONCRETE STRINGERS ON CITY OWNED STEPS.

31 *THIS ITEMS IS INDEPENDENT OF ALL OTHER CONCRETE ITEMS AND WILL NOT BE PAID ADDITIONALLY TO THOSE ITEMS FOR THE SAME WORK. B. MATERIALS USE CITY CLASS P CEMENT CONCRETE REINFORCEMENT STEEL (EPOXY COATED), GRADE 60 RUST INHIBITOR EPOXY BONDING COMPOUND MEET THE REQUIREMENTS OF ASTM-C881. C. CONSTRUCTION: REMOVE ALL CONCRTE TREADS THAT BEAR ON THE STRINGER THAT IS TO BE REPLACED AND STORE, IF SALVAGABLE, UNTIL REINSTALLATION. DO NOT CUT OFF ANY REINFORCEMENT THAT IS STILL EMBEDDED INTO OTHER PARTS OF THE STRUCTURE, INCORPORATE THESE INTO THE NEW COLUMN. CLEAN EXISTING REINFORCEMENT FREE OF RUST AND CONCRETE AND TIE TO NEW REINFORCEMENT. THE EXISTING REINFORCEMENT IS TO BE COATED WITH A RUST INHIBITOR. FORM THE STRINGER AND PLACE REINFORCEMENT IN ACCORDANCE WITH CITY STANDARD DRAWINGS H-485 & F-710, OR ANY OTHER CITY DRAWINGS AS PROVIDED. ALL NEW STRINGERS ARE TO HAVE A DRIP EDGE FORMED INTO THE BOTTOM EDGE BY PLACING A PIECE OF ¼ ROUND AT LEAST 2 INCHES FROM THE OUTSIDE FACE. PLACE NEW CONCRETE ON EPOXY BONDING COMPOUND. D. MEASUREMENT AND PAYMENT HORIZONTAL LINEAR FOOT (MEASURED ON THE PROFILE VIEW) 10. HANDRAIL POST SUPPORT REPAIR A. DESCRIPTION. THIS WORK IS THE REPAIR OF BROKEN OFF HANDRAIL POST SUPPORT CORNERS ON CITY OWNED STEPS. THIS MAJORITY OF REPAIRS WILL REQUIRE LESS THAN 1 CUBIC FOOT. *THIS ITEM IS INDEPENDENT OF ALL OTHER CONCRETE ITEMS AND WILL NOT BE PAID ADDITINOALLY TO THOSE ITEMS FOR THE SAME WORK. B. MATERIALS RUST INHIBITOR NON-STAINING, NON-SHRINKING MORTAR FROM MANUFACTURERS LISTED IN PA DOT BULLETIN 15 LIQUID, ACRYLIC-POLYMER, BONDING ADDITIVE (REPLACES ALL OR PART OF MIXING WATER IN CONCRETE). REINFORCEMENT STEEL (EPOXY COATED) EPOXY BONDING COMPOUND MEET THE REQUIREMENTS OF ASTM-C881.

32 C. CONSTRUCTION: SAW CUT EXISTING CONCRETE ¾ DEEP AROUND THE BREAK AREA. REMOVE ALL LOOSE CONCRETE WITHIN THE REPAIR AREA WITH AN ELECTRIC CHIPPING HAMMER. DO NOT REMOVE ANY REINFORCEMENT THAT MAY BE ENCOUNTERED IN THIS AREA. CLEAN EXISTING HANDRAIL POST AND REINFORCEMENT FREE OF RUST AND CONCRETE. PAINT ALL EXISTING HANDRAIL POST SURFACE AS PER SECTION UP TO TOP RAIL, MATCH PAINT AS DIRECTED. THE EXISTING REINFORCEMENT IS TO BE COATED WITH A RUST INHIBITOR. USE DOWELS AND EPOXY BONDING COMPOUND TO ATTACH NEW CORNER TO EXISTING STRUCTURE. PLACE FORMS SO THAT THE FINISHED REPAIR SURFACT IS FORMED OUT 1 INCH FROM EXISTING CONCRETE ON PLATFORM OR STRINGER SIDES. THE WALKING SURFACE IS TO BE LEVEL WITH EXISTING CONCRETE. FINISH THE AREA AROUND THE HANDRAIL POSTS BY MOUNDING GROUT AT BASE TO PREVENT WATER PONDING. D. MEASUREMENT AND PAYMENT EACH 11. ADDITIONAL CITY CLASS P CONCRETE (M.U.P.: $300/CU. YD.) A. DESCRIPTION. THIS WORK IS FOR ANY CONCRETE ITEM NOT IDENTIFIED IN THIS CONTRACT. *THIS ITEM IS INDEPENDENT OF ALL OTHER CONCRETE ITEMS IN THIS CONTRACT. B. MATERIALS: CITY OF PITTSBURGH CLASS P CONCRETE. C. MEASUREMENT AND PAYMENT CUBIC YARD *THE COMPENSATION IS TO INCLUDE ALL NECESSARY FORMS, BRACING, REINFORCEMENT, FINISH AND OTHER WORK INCIDENTAL TO MAKE THE WORK COMPLETE. 12. STANDARD WOODEN STEPS A. DESCRIPTION. THIS WORK IS THE CONSTRUCTION OR REPAIR OF WOODEN STEPS, COLUMNS, AND PLATFORMS IN ACCORDANCE WITH THE CITY OF PITTSBURGH STANDARDS OF CONSTRUCTION DRAWING, NO. SU-200. B. MATERIALS STRUCTURAL TIMBER: DOUGLAS FIR-LARCH, HEM-FIR, SOUTHERN PINE, MAPLE, BEECH, BIRCH, HICKORY, AND OAK SPECIES. PROVIDE SELECT STRUCTURAL, NO. 1, OR NO 2 GRADE LUMBER AND TIMBER. CONFORM SAWN LUMBER AND TIMBER TO THE SPECIFICATIONS FOR STRUCTURAL TIMBER, LUMBER AND PILING, AASHTO M 168. PRESERVATIVE TREAT LUMBER AND TIMBER BY PRESSURE PROCESS IN ACCORDANCE WITH THE AMERICAN WOOD PRESERVER S ASSOCIATION STANDARD C1, ALL TIMBER PRODUCTS PRESERVATIVE TREATMENT BY PRESSURE PROCESS. THE MINIMUM AMOUNT OF PRESERVATIVE TO BE RETAINED IN TEN POUNDS PER CUBIC FOOT OF WOOD; EXCEPT, FOR WHITE OAK HOLD THE PRESSURE TO REFUSAL. IMPRINT LEGIBLE SYMBOLS IN THE END OF ALL TREATED LUMBER AND TIMBER INDICATING THE NAME OF THE TREATING COMPANY AND THE TYPE AND YEAR OF TREATMENT, CERTIFYING ITS CONFORMANCE WITH AWPA STANDARDS. ALL MATERIAL TO BE WELL MANUFACTURED. ACCEPT ONLY PIECES CONSISTING OF SOUND WOOD, FREE OF DECAY. AVOID BOXED HEART TIMBER.

33 ACCEPT THE AMERICAN LUMBER STANDARDS ROUGH AND DRESSED SIZES AS CONFORMING TO THE NOMINAL SIZES INDICATED. ADEQUATELY PROTECT STRUCTURAL TIMBER AND LUMBER DURING TRANSIT. END COAT STRESS-GRADES OF LUMBER WITH A PROTECTIVE COATING AT THE TIME OF MANUFACTURE TO RETARD CHECKING. PROVIDE INDUSTRIAL APPEARANCE GRADE LUMBER AND TIMBER. HARDWARE: FURNISH BOLTS, NUTS, WASHERS, TIMBER CONNECTORS, DRIFT PINS, DOWELS, NAILS, SCREWS, SPIKES, OTHER METAL FASTENERS, AND WIRE ROPE AS REQUIRED. PROVIDE BOLTS AND NUTS WHICH, CONFORM TO ASTM-A307. PROVIDE MACHINE BOLT HEADS AND NUTS OF REGULAR SQUARE SERIES WITH THREADS OF COARSE THREAD SERIES, CLASS 6g AND 6H (CLASS 2 TOLERANCE), ALL CONFORMING TO APPLICABLE ANSI STANDARDS. PROVIDE AST IRON OGEE, MALLEABLE IRON, PLATE, OR CUT WASHER AS SPECIFIED. GALVANIZE ALL HARDWARE. GALVANIZING. ALL HARDWARE TO BE GALVANIZED. GALVANIZE AFTER FABRICATION. GALVANIZE IN ACCORDANCE WITH; ASTM-123; ASTMA-143; ASTM- A153; AND ASTM-A385. AFTER ERECTING GALVANIZED MATERIAL IN PLACE, CLEAN DAMAGED AREAS AND APPLY TWO COATS OF ZINC OXIDE PAINT, OR OTHER APPROVED MATERIAL. CONCRETE. CITY OF PITTSBURGH CLASS A CONCRETE IS TO BE USED FOR UNDERGROUND FOOTINGS AND TESTED ACCORDING TO THE REQUIRED SPECIFICATIONS. C. CONSTRUCTION STORING AND HANDLING: STORE LUMBER AND TIMBER NEATLY IN PILES ON SKIDS ABOVE GROUND. PROTECT FROM EXPOSURE TO THE ELEMENTS WHEN STORED FOR PROLONGED PERIODS OF TIME. STORE ALL MATERIAL SO THAT IT CAN BE READILY INSPECTED. PROVIDE MATERIAL RECEIPTS AS REQUESTED. WORKMANSHIP: PROVIDE FIRST CLASS WORKMANSHIP THROUGHOUT, AND EMPLOY ONLY COMPETENT CARPENTERS. CUT ALL LUMBER AND TIMBER ACCURATELY, AND FRAME TO A CLOSE FIT. 12. STANDARD WOODEN STEPS (CONTINUED) DESIGN AND BUILDING: ALL DIMENSIONS AND SPECIFICATIONS AS TO THE DESIGN OF THE STEPS ARE AVAILABLE IN THE CITY OF PITTSBURGH STANDARDS OF CONSTRUCTION DRAWING NO. SU-200. D. MEASUREMENT AND PAYMENT THE WOOD WILL BE PAID PER BOARD FOOT, NAILS, SCREWS AND FASTENERS WILL BE PAID PER POUND (AFTER GALVANIZATION) AND TIMBER CONNECTORS WILL BE PAID PER EACH. THE CLASS A CONCRTE FOOTERS WILL BE PAID PER CUBIC YARD TO THE DIMENSIONS SHOWN ON THE STANDARD DRAWINGS.

34 REFERENCES A. THE CITY WILL VERIFY THE BIDDERS COMPETENCE IN THE TYPE OF WORK REQUIRED BY THE PROPOSED CONTRACT THROUGH A CHECK OF THE REFERENCES SUBMITTED BELOW. B. PLEASE STATE FIVE (5) REFERENCES FOR WHOM YOU HAVE PERFORMED THE TYPE OF WORK REQUIRED IN THIS AGREEMENT: 1. OWNER/PRINCIPAL TELEPHONE PROJECT TITLE LOCATION OF WORK SITE SCOPE OF WORK CONTRACT PRICE ADDITIONAL COST FOR EXTRAS 2. OWNER/PRINCIPAL TELEPHONE PROJECT TITLE LOCATION OF WORK SITE SCOPE OF WORK CONTRACT PRICE ADDITIONAL COST FOR EXTRAS 3. OWNER/PRINCIPAL TELEPHONE PROJECT TITLE LOCATION OF WORK SITE SCOPE OF WORK CONTRACT PRICE ADDITIONAL COST FOR EXTRAS 4. OWNER/PRINCIPAL TELEPHONE PROJECT TITLE LOCATION OF WORK SITE SCOPE OF WORK CONTRACT PRICE ADDITIONAL COST FOR EXTRAS 5. OWNER/PRINCIPAL TELEPHONE PROJECT TITLE LOCATION OF WORK SITE SCOPE OF WORK CONTRACT PRICE ADDITIONAL COST FOR EXTRAS

35 PERFORMANCE OF SERVICE It is the intent of this contract to provide the service as described herein when needed by the departments. All services must be performed/ completed within the time frame below. Penalties will apply for late performance of services. Maximum days lead-time (days from placement of order by the City to service by the vendor) * days. Service date/time will be set by the City at the time of order using above lead-time as a basis. Service must be performed no more than * hours prior to requested date and no later than * days following requested date. *PER SPECIFICATION 30, and 39 Penalty for late performance of service is **. Repeated incidents of late service performances and/or unnecessary delays will be construed as noncompliance with the terms and conditions of this contract and the vendor will be in default of contract. Default of contract will result in penalties of damages incurred. Waiver of late performance of service penalty may be authorized by the Director of the Department of Finance upon receipt of written documentation and explanation of extenuating circumstance effecting service schedule. Waiver of late delivery of service penalty is at the sole discretion of the Director of Department of Finance ** PER SPECIFICATION #43 <> The maximum days for placement of order by the City to PERFORMANCE OF SERVICE of goods by the vendor is * days. *PER SPECIFICATIONS #30, and 39. <> Penalty for late PERFORMANCE is 10 per cent (10%) of dollar value of invoice for services not performed within the time specified. The above prices are submitted in accordance with Advertisement, Instruction and Proposal, which are a part hereof

36 PERFORMANCE BOND Know All Persons by these Presents THAT As principal, and as surety are held and firmly bound unto the City of Pittsburgh, in the sum of $ as a Performance Bond. Performance Bond required is as stipulated within the contract of the contract amount to be paid to said City of Pittsburgh, aforesaid, their certain attorney, successors or assigns. To which payment, well and truly to be made, we do not bind ourselves, our successors and assign, jointly and generally, firmly by these presents. WITNESS our hands and seals, the day of in the year of our Lord, Two thousand WHEREAS, the above bound has filed with the Controller of the City of Pittsburgh proposals for to be done under and in pursuance of the Acts of Assembly and Ordinances of Council relating thereto; now THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH That the said shall enter into a written contract, as required by said laws and ordinances in case the same shall be awarded to and well and faithfully perform and fulfill in all its parts, the contract to be made and entered into by and between the said City of Pittsburgh and the said for in accordance with the above mentioned contract, and shall indemnify and save harmless said City of Pittsburgh from all liens, and shall otherwise indemnify, save and hold harmless said City of Pittsburgh from all liens, charges, claims, loss, costs, and damages of every kind and nature whatsoever, then this obligation to be void, otherwise to be and remained in full force and virtue. It is further agreed that any alterations which may be made in the terms of the contract or in the work to be done and materials to be furnished or labor to be supplied or performed under it, or the giving by the City of Pittsburgh or any extension of time for the performance of the contract or any forbearance of the part of either the City of Pittsburgh or the principal to the other, shall not in any way release principal and the surety of sureties, or either or any of them, their heirs, executors, administrators, successors, or assigns, from their liability hereunder, notice to the sureties of any such alteration, extension or forbearance being hereby waived. Attest: For Bidder Secretary-Treasurer Sealed and Delivered in Presence of For Surety Company (Seal) (Seal) President Vice President (Seal) (Seal) Attorney-in-fact

37 ARTICLES OF AGREEMENT MADE AND ENTERED INTO, this day of, 20, by and between Allegheny County and the City of Pittsburgh, a municipal corporation of the Commonwealth of Pennsylvania acting in this behalf through THE DIRECTOR OF THE DEPARTMENT OF FINANCE of said City, having been duly authorized thereto by Ordinance of Council of said City (hereafter City ) AND ( Contractor ) incorporated in the Commonwealth/State of 2

38 NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That the Contractor agrees, and by these presents does/do agree with the County and City under the conditions set forth in a bond which is annexed hereto and made a part hereof, to furnish all necessary materials, labor, plant, machinery and appliances, and at its own risk and expense and to do such work and/or perform such services, and/or furnish such materials required in connection therewith as may be contemplated and described herein, the specifications and such instructions as may be issued by the Director during the term of this Contract, for the prices as shown on the attached proposal. The City of Pittsburgh reserves the right, during the period while this contract is in force, to take bids and award separate contracts for individual jobs where it may be in the best interest of the City to do so, such determination to be made at the City s sole discretion. For the purpose of this Agreement, and any Exhibits attached hereto, the following terms, phrases, and their derivations shall have the meanings given below unless the context clearly mandates a different interpretation. Where the context so indicates, the present tense shall imply the future tense, words in plural include the singular, and words in the singular include the plural. The word "will" is always mandatory and not merely directory. The definitions are applicable regardless of whether the term is capitalized. 1.DEFINITION OF DIRECTOR - It is agreed by the parties to this contract, that wherever the word Director occurs in the contract, it will be considered as referring to the City. 2. DEFINITION OF CITY - The City of Pittsburgh, a municipal corporation of the Commonwealth of Pennsylvania. It is to be understood City shall also include Allegheny County for the 3.DEFINITION OF 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.DEFINITION OF COUNCIL - Council of the City of Pittsburgh, Pennsylvania. 5.DEFINITION OF STANDARD FOR CONSTRUCTION - It is agreed by the parties to this contract that wherever the words "Standard for Construction" or the pronouns in place thereof are used in this contract, they are to be considered as referring to and reading "Part 3" of the "Contract for Construction," of the Department of Public Works, Bureau of Engineering & Construction, as contained in a separate pamphlet and as revised to date of advertisement of this contract. 6.COMPONENTS OF CONTRACT - The following documents are part of this contract and supplement one another: A. ADVERTISEMENT for proposals as published in newspapers of general circulation (for contracts with an estimated value above $10,000.00); B. PROPOSAL made by the prospective Contractor on the separate form provided by the City; C. Particular SPECIFICATIONS special to this contract (if applicable); D. STANDARD(S) FOR CONSTRUCTION (if applicable); E. ARTICLES OF AGREEMENT; The contract shall become binding upon the formal acceptance of the prospective Contractor s bid by the City as evidenced by the City's execution of the Articles of Agreement. F. FINANCIAL SECURITIES executed by the prospective Contractor (if applicable); G. AFFIDAVIT OF CONTRACTOR; H. STATEMENT OF AFFILIATIONS; I. SWEATSHOP CONDITIONS The contract sets forth all the promises, agreements, conditions and understandings between City and Contractor(s), and there shall be no promises, agreements, conditions, or understandings, either oral or written, between them other than those that are set forth in the contract. Unless provided for in the contract, no subsequent alteration, amendment, charge or addition to the contract shall be binding upon City or Contractor(s), unless expressly agreed upon and reduced to writing by the City to the Contractor(s). 3

39 7.LENGTH OF AGREEMENT - It is agreed that this contract shall be in effect for the initial contract period shall commence upon the execution of this contract and shall terminate at midnight on September 30, The City shall have the option to renew the contract for four (4) additional one-year periods, exercisable at the sole discretion of the City, which additional periods shall expire at midnight on September 30 of the next succeeding year. WHEN AND WHERE TO COMMENCE - The Contractor further agrees to commence the work described or contemplated herein at such point(s), and at such time(s) as the Director may request. 9.TIME OF BID OPENING - The separate and sealed bids or proposals will be received upon the City's blank proposal forms at the Office of the City Controller, First Floor, City-County Building, Pittsburgh, Pennsylvania, until the date and time stated in the advertisement for bids for the above, and will be opened and read upon the same date, in the place and at the time designated in said advertisement. 10.BLANK FORM OF PROPOSAL - All bids shall be made on the blank form of proposal provided for that purpose, shall give the price of each item or service to be furnished, shall be signed, in ink, by the prospective Contractors with the prospective Contractors business address or addresses, and shall also contain the full name of all persons interested with the prospective Contractors. In signing the proposal, the Contractor shall give the individual, as well as the firm or corporate name. Copies of the printed form of proposal may be obtained from the Bureau of Procurement, Fleet and Asset Services of the Department of Finance, Room 502, City- County Building, Pittsburgh, Pennsylvania. Please do not redesign the attached sheets of this proposal. All should be returned as single sized sheets. 11.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. 12.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 be accompanied by 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. 13.FINANCIAL SECURITY FOR BIDS (BID BONDS) - Prospective Contractors on contracts with a value of Two Hundred Thousand ($200,000) Dollars or more are required to file with their proposals financial security equal to Ten to Fifty percent (10% - 50%) of the total bid. This financial security shall be in the form of a bid bond, certified check or letter of credit. In order to be acceptable as financial security, a bid bond must be issued by one or more surety companies legally authorized to do business in Pennsylvania which retain as capital no less than the amount of the issued bond and said bond must be in form approved by the City of Pittsburgh. If the bonding company executes the bond through an attorney-in-fact, a Power of Attorney showing authority to act must accompany the bond. 14.PERFORMANCE BOND - Financial security shall be further required to insure faithful performance of the work provided for in the contract and to indemnify and save harmless the City from all liens, charges, claims, demands, losses, costs and damages of every kind and nature, whatsoever, except as is otherwise provided in said contract. 15.SERVICE CONTRACTS; REDUCTION IN PERFORMANCE SECURITY - In the case of service contracts where the City holds certified checks or a letter of credit as security for performance, the Director of the Department of Finance may approve reduction in the amount of the security over the term of the contract; provided, however, that at no time shall the amount of the security for performance be less than ten percent (10%) of the cost of the contract. 4

40 16.FINANCIAL SECURITY FOR PERFORMANCE AND LABOR AND MATERIAL INDEMNITY - For public works contracts exceeding Five Thousand ($5,000.00) Dollars, the successful Contractor shall furnish financial security equal to One Hundred Percent (100%) of the contract amount conditioned upon the faithful performance of the contract. The successful Contractor shall further provide financial security equal to One Hundred Percent (100%) of the contract amount for the protection of claimants supplying labor or materials to either the prime contractor or any subcontractor for work performed in furtherance of the contract. These financial securities must be in forms acceptable to the city. 17. EXECUTION OF FINANCE SECURITY - Any financial security furnished shall be an original, fully executed by both the prospective Contractor and the surety or sureties in ink and shall be in a form acceptable to the City. Where the prospective Contractor is a corporation, the security shall be signed by two officers of the corporation who have been duly authorized to do so by appropriate action of the corporation, and the seal of the corporation shall be affixed. Where the prospective Contractor is an individual or individuals, the security shall be signed by the individual or individuals affixing the signature to the bid. Changes or additions to bid security or to the signatures thereon may not be permitted after the opening of bids. 18. CONTENTS OF BID AND PERFORMANCE SECURITY - A. The financial security submitted to the City must be the originally issued document, signed in ink. B. Both the name of the contractor and the name of the issuing financial institution must appear on the financial security. C. The name of the insured and the name of the contractor must be the same. D. The bid's title, contract number or description must appear in the financial security. 19. INSURANCE (SERVICE CONTRACTS ONLY) - For all contracts in which insurance is required, 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, each occurrence. $1,000, aggregate. B. CITY OF 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. 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: Bureau of Procurement, Fleet and Asset Services Department of Finance Room 502, City-County Building 414 Grant Street Pittsburgh, PA 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 the contract. The insurance requirements of this provision shall be in addition to any other insurance requirements of the contract. 20.FICTITIOUS NAME REGISTRATION - Where a fictitious name is use certificate must be attached showing that the fictitious name is duly registered with the state. 5

41 21.TAX STATUS OF CITY - The City of Pittsburgh is exempt from all Federal Excise and Transportation Taxes, and the Pennsylvania Sales and Use Tax for purchase of tangible personal property. Therefore, a prospective Contractor should not include any such taxes in its calculations, or in the prices bid. A Pennsylvania Sales Tax Blanket Exemption Certificate is available, upon written request, from the Bureau of Procurement, Fleet and Asset Services of the Department of Finance. Only a Sales Tax Blanket Exemption Certificate will be issued by the City. Thus, if necessary to claim and secure exemption, a Sales Tax License issued by the Commonwealth of Pennsylvania, Department of Revenue will be required of the successful contractor. However, if the prospective Contractor determines that certain taxes are properly payable by, the City, the contractor must include such costs in its calculations of bid prices. The City will not be responsible or liable for the payment of any of the aforesaid taxes, or any other tax paid or payable by the contractor, unless specifically stated in bid. Nothing in this paragraph is meant to exempt a construction contractor from the payment of Sales Tax or Use Tax required to be paid by law with respect to its purchase or use of tangible personal property used or transferred in connection with the performance of a construction contract. 22.BUSINESS PRIVILEGE TAX - By entering into this agreement with the City of Pittsburgh, contractor agrees that all gross receipts generated through the provision of services hereunder shall be subject either to the City of Pittsburgh s gross receipts taxes (i.e., business privilege tax, institution and service privilege tax) or to a payment in lieu of taxes (PILOT) as described hereafter, whichever is applicable. In the event that contractor is not subject to one of the two gross receipts taxes identified above, contractor shall nevertheless make a PILOT payment to the City Treasurer equal to the amount of tax which would be due and owing if contractor were subject to one of said gross receipts taxes. Any such PILOT payment shall be made annually, in the same manner as the gross receipts taxes, and interest and penalty shall accrue on any balance not paid when due at the rate in effect for said taxes. No deductions from gross receipts may be taken with respect to any amounts paid to subcontractor(s) or material suppliers. No deductions can be made for taxes paid to other localities for services performed under this contract or any sub-contract(s). When the performance of a contract requires the hiring of subcontractor(s), such contract(s) with all subcontractors must incorporate a requirement that the subcontractor(s) pay the business privilege tax, the institution and service privilege tax or a PILOT, whichever is applicable, regardless as to whether the subcontract was initiated by the contractor or the City. Failure to include such provision shall subject the contractor to the amount of gross receipt tax, or PILOT payment, which would have been due from the subcontractor(s) if this provision had been included. The City Treasurer shall provide a method of registration and applicable forms for filing. Contractor shall provide a list of all subcontractors to the City Treasurer. The list shall include (1) Legal Name; (2) Business Name; (3) Federal Identification Number; (4) Mailing Address; (5) address; (6) Local Address, if any; (7) Business Phone Number; (8) Name of Officer or Owner Signing the Contract; (9) Monetary Value of the Contract. When (a) subcontractor(s), in turn, employ (a) subcontractor(s), they shall be bound by the same rules as a general contractor. 23.MERCANTILE TAX RETURN - For successful Contractors selling goods, wares or merchandise under the terms of this contract, whose place of business is located inside the City: receipts generated by this contract should be included as part of gross income and reported on the Mercantile tax return. 24.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 the bid which indicates that the prices are not firm may be cause for rejection of the bid. 25.PAYMENT DISCOUNTS - In determining the low bid, the City will not consider payment discounts quoted by the prospective contractors. However, the City will apply payment discounts offered by the successful bidder in the proposal to payments made in relation to the contract when appropriate. The terms of payment discounts offered by the successful contractor must be clearly stated on each invoice submitted to the City in regard to this contract. 26.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. 27.MBE/WBE SOLICITATION AND COMMITMENT - It is the City's goal to encourage increased participation of women and minority groups in all City contracts. The City, therefore, requires that all prospective Contractors demonstrate good faith efforts to obtain the participation of minority-owned business enterprises ( MBEs ) and women-owned business enterprises ( WBEs ) in work to be performed under City contracts. In order to demonstrate this good faith commitment, all prospective Contractors are required to 6

42 complete and submit with their bids either an MBE/WBE Solicitation and Commitment Statement, which details the efforts made by the prospective Contractor to obtain such participation, or an MBE/WBE Commitment Waiver Request which details why no MBE/WBE participation could be obtained. Failure to submit either an MBE/WBE Solicitation and Commitment statement or an MBE/WBE Commitment Waiver Request will result in rejection of the bid. A. Bids for $10, or more must be accompanied by either an MBE/WBE Solicitation and Commitment statement, or, an MBE/WBE Commitment Waiver Request. B. On contracts over $75,000.00, final payment will be retained by the City at least until all work is performed under the contract and the contractor submits a final report to the City detailing the actual levels of MBE and WBE participation, as well as explaining any failure to meet MBE and WBE goals which had been stated in the previously submitted MBE/WBE Solicitation and Commitment Statement. The report must be submitted within thirty (30) days after the City's request. C. On contracts for $75, or more, the performance security will be retained by the City at least until all work is performed under the contract and the contractor submits a final report to the City detailing the actual levels of MBE and WBE participation as well as explaining any failure to meet MBE and WBE goals which had been stated in the contractor s previously submitted MBE/WBE Solicitation and Commitment Statement. The report must be submitted within thirty (30) days after the City's request. D. On construction contracts over $250,000.00, the contractor may comply with stated MBE/WBE goals through the employment of twenty-five percent (25%) minority and ten percent (10%) women employees in construction related jobs. 28.MBE/WBE REPORT - By entering into a contract with the City, the prospective Contractor shall be required to submit a final report, within thirty (30) days of the City's request, detailing the actual levels of MBE and WBE participation in the contract. Any disparity between actual participation levels and the participation levels projected in the MBE/WBE Solicitation and Commitment Statement will be explained in the final report. Failure to make a good faith effort to meet the goals stated in the MBE/WBE Solicitation and Commitment Statement may be considered a material breach of the contract resulting in debarment from participation in future City contracts. Please note that final payment under the contract can be withheld for failure to submit a MBE/WBE report. 29.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 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 reawarding of any contract awarded to this Contractor to another vendor. City reserves the right to apply set-off payments in whatever manner it deems appropriate. 30.CONTRACT NOT TO BE AWARDED TO PERSONS IN ARREARS TO CITY - No contract will be awarded to any corporation, firm or individual who is, for any reason, in arrears to the City or who has failed, in any former contract with the City, to perform work satisfactorily, either as to the character of the work or the time consumed in its completion. 31.CONTRACTOR TO BE QUALIFIED AND RESPONSIBLE - Before the Contract is awarded, 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 of the contract and in conformity with the best modern practices and industry standards. 32.COLLUSION BETWEEN BIDDERS - If the City forms a reasonable belief that a prospective Contractor is interested in more than one proposal for the same item, that is sufficient cause for rejection of all proposals in which collusion between bidders is suspected. 7

43 33. AGREEMENT - WHEN TO BE SIGNED - The corporation, firm, or individual to whom the contract is awarded will be required by the Director of the Department of Finance to sign the Articles of Agreement (page 15), prior to the submission of the completed bid package. Failure to sign the Articles of Agreement will render the bid non-responsive. All other required documents must be signed and submitted within fifteen (15) days of the bid opening. 34.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. 35.PAYMENT - It is the intent of the City to pay all invoices resulting from purchases under this contract in 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. 36.AWARD - 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. 37.CITYWIDE PURCHASES - The award of this contract shall be such that any County or City department may purchase from it at the prices stipulated. The successful Contractor will be required to follow any or all Departmental invoicing procedures. Also, the successful Contractor will be required upon request, if the contract is formulated by the hourly rate and cost plus method, to submit information with its invoice(s) that will substantiate the charges indicated on the invoice(s) in regard to the contract. 38.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 services or commodities as described herein. The City also reserves, at its sole discretion, the right to bid separately any service or commodity that may be included in this contract. 39.NOTICE OF AWARD - Regardless of any notification of award to any prospective Contractor, all bids remain open and acceptable by the City for sixty (60) 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. 40.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 all chemicals that the City purchases from this contract. Submit all Material Safety Data Sheets to: Department of Finance Bureau of Procurement, Fleet and Asset Services Room 502, City-County Building 414 Grant Street Pittsburgh, PA PRICE LISTS AND CATALOGUES - When price lists are required for a proposal, price lists 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 of Pittsburgh. 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 of Pittsburgh with copies of additional catalogues and price lists as requested. 42.LOCATION OF WORK - Service and commodities may be required or deliverable anywhere in the City of Pittsburgh. In the case of Allegheny County s use of this contract services/commodities may be required or deliverable anywhere in Allegheny County. Prospective Contractors are to understand that work may be required anywhere in the City of Pittsburgh, and shall bid accordingly. 43.SCOPE OF CONTRACT - This contract will include all necessary repair, maintenance, and minor extension work as described elsewhere herein, which cannot be properly estimated or planned in advance, or which may be of any emergency nature. The Director of the Department authorizing the work to be done under this contract shall be the sole judge of repair or maintenance or minor extension work to be carried out under this contract, and shall direct same, and the successful Contractor agrees to accept such decisions as final and binding and further agrees that nothing in this contract binds the City to carry out all work of this nature under 8

44 the terms of this contract, but agrees that exceptions may be made and that the City may enter into other contracts for specific work for which plans and/or specifications are separately provided. 44.QUANTITY OF ITEMS/WORK CONTINGENT UPON NEEDS - It is hereby agreed that the City of Pittsburgh does not in any way guarantee or imply the amount of work, services, or commodities which may be required under this agreement. It is also mutually understood between the parties to this agreement that needs cannot be forecast. The intent of this proposal, and the subsequently awarded contract (if any be entered into), is to determine the lowest responsible bidder who will be able, willing, and ready to furnish proper materials, qualified persons, and/or efficient service(s) as required under this contract. No liability shall attach to the City for any decision: (a) to limit the work under the contract; (b) to decline to award the contract; or (c) to decline to order any work to be performed under an awarded contract. 45. SUPERVISION AND INSPECTION - The Contractor further agrees that the work shall be at all times under the immediate supervision of the Director, who shall at all times have free access to all parts of the work and all places where materials for the same are prepared, and shall have every facility made available for the proper inspection of (a) all materials used in, and (b) workmanship executed for the work under this contract. It is expressly understood and agreed that the inspection of the work and materials by the Director will in no way diminish the responsibility of the Contractor, or release him/her from the Contractor s obligation to perform and deliver to the City sound and satisfactory work. It is further agreed that the Contractor shall obey orders of the Director and by all persons employed on the work. 46. WORK UNNECESSARILY DELAYED - Contractor agrees that, if at any time the Director shall be of the opinion that the work or any part of it is unnecessarily delayed, or that the Contractor is willfully violating any of the conditions or covenants of this contract, or is executing the contract in bad faith, the Director shall have the power to notify Contractor to discontinue all or any part of the work under this contract. Contractor shall then cease work as notified, and will not be entitled to further compensation. The Director shall have the power to place such and as many persons as s/he may deem necessary, the same to be employed by contract or otherwise, to work at and complete the work, and to use such materials as s/he may find upon the work site, or to procure other materials for the completion of the work and to charge the expense of said labor and materials to the Contractor. Any expense so charged shall be deducted from and paid by the City, out of such moneys as may then be due or at any time there after may become due to the Contractor under and by virtue of this agreement. In case such expense shall exceed the sum which would have been payable under this contract, if Contractor had satisfactorily completed the work, the Contractor, their executors, administrators, or assigns shall pay the amount of such excess to the City, on notice of Director of the excess due. 47. FAILURE TO PERFORM CONTRACT - If the contractor fails to perform any of the elements of the contract, the City shall have the right to purchase such materials or supplies from other sources, and to charge to the contractor or the contractor s sureties any and all expenses arising from the necessity of purchasing materials or supplies, including any excess in price over the prices fixed in the contract. Contractors must remove rejected deliveries within the time specified on a written notification of rejection from the Director of the Department of Finance and/or the Controller. Rejected material left longer than 30 days will be deemed abandoned and the City shall have the right to dispose of such rejected materials as it alone deems appropriate. For perishable foodstuffs, no written notice of rejection will be given; it will be incumbent on the contractor immediately to remove or replace rejected merchandise on verbal notice from the City. 48. CONTRACTOR TO SUSTAIN ALL LOSSES - It is agreed that all loss or damage arising out of the nature of the work to be performed under this contract, or any damages to the work itself, for any unforeseen obstruction or difficulties which may be encountered in the performance of the work or from the action of the elements, or from any cause whatsoever, shall be sustained and paid for by the Contractor until the same shall have been finally accepted and final payment made. 49.CONTRACTOR RESPONSIBLE UNTIL WORK IS COMPLETED - The Contractor further agrees to assume charge of and be responsible for the entire work until completed and accepted by final payment; and that s/he will personally supervise the faithful performance of the work, and that s/he will keep it under Contractor s exclusive control. In case of absence, the Contractor will designate a competent representative to continue such supervision of the work uninterrupted, and such representative shall receive orders and instruction as appropriate from the Director, and enjoy full authority to execute any such Director s orders and to supply materials, tools and labor without delay. 50.COMPENSATION - Contractor hereby further agrees that his/her full compensation for furnishing all the required materials, labor, tools, equipment, etc., for the proper execution and completion of the whole of the work, and/or service to be performed under this agreement, will be the amount(s), as set forth in this agreement. 9

45 51. TRAVEL TIME - It is understood and agreed that time spent in travel between the Contractor's shop, or, headquarters and the job site, time spent in travel from job to job, or any other travel time shall not be included as a direct charge under the terms of this contract. The Contractor shall claim compensation to be due and payable only for such time Contractor s employees are actively performing the work, and no other charge(s) for time will be considered. 52.USE OF TRADE NAMES - The use of a name of a manufacturer, or of any special brand, model or make in describing an item or the use of detailed descriptive specifications pertinent thereto, does not restrict bidders to that manufacture or specific article of such detailed descriptive specifications. This means or method being used is simply to indicate the character or quality of the article desired; but the article on which bids are submitted must be of such character, quality and design as will serve the purpose which it is to be used for equally as well as that specified, and must be the equal of the article described and equally suitable to the needs of the City. If bidding on other than the make, model or brand specified or such detailed descriptive specifications therefore, the manufacturer s name and catalogue reference, together with specifications therefore, must be given or other information given (CLEARLY STATED ON THE PROPOSAL OR BID SHEET IN EVERY INSTANCE) to enable the Director to determine its suitability, or otherwise. The City reserves the right, through the Director of the Department of Finance to be the sole judge in such determinations. WHEN NO REFERENCE IS MADE BY THE BIDDER TO THE MAKE OR GRADE PROPOSED TO BE FURNISHED, IT IS UNDERSTOOD THAT THE SPECIFIC ARTICLE NAMED IN THE PROPOSAL OR BID SHEET WILL BE FURNISHED. 53. INDEMNIFICATION - CONTRACTOR - hereby agrees to indemnify, save and hold harmless, and defend COUNTY/CITY, its officers, agents and employees from and against all liens, charges, claims, demands, losses costs, judgements 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 Agreement; 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. 54.MONITORING AND EVALUATION - All services provided under this agreement shall be subject to monitoring and evaluation by City or its authorized representatives. Contractor shall supply City with written reports on program activity, in a form approved by City, as City may, from time to time, require. Contractor shall provide City with such additional information and data as may be periodically required by federal or state authorities, or by City itself. Authorized representatives of City shall have access to the books and records maintained by Contractor with respect to any services or materials provided to City pursuant to this Agreement at all reasonable times and for all reasonable purposes, including, but not limited to, inspecting and copying any books, records, computer disks, memoranda, checks, correspondence or other relevant documents. All such aforementioned records shall be preserved by Contractor for a period of three (3) years after the termination of this Agreement. 55.CONTRACTOR THOROUGHLY 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. 56.SETTLEMENT OF DISPUTES - It is expressly covenanted and agreed that in the event of a disagreement or controversy arising between the Contractor and the Director 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 Director s attention in writing. The Director 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. 57.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. 58.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. 10

46 59.PREVAILING WAGE ORDINANCE - The Contractor agrees that section (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 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. 60.ANTI-SWEATSHOP PROVISIONS - Contractor will be required to submit an executed statement of compliance with Pittsburgh Code (b)(4), which certifies that nothing has come to its attention that would lead it to believe that any of the goods/products provided herein were made under sweatshop conditions. Goods/products are NOT made under sweatshop conditions if all of the conditions listed in section (e) of the Pittsburgh Code apply in the manufacturing facility in which the goods/products are made. 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 WORKERS COMPENSATION - Contractor hereby agrees to perform the work described in this contract in accordance with the Articles of Agreement, 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 DEPARTMENT OF FINANCE, 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. 62.COMPLIANCE WITH LAWS - Contractor shall fully obey and comply with all laws, ordinances, resolutions, and administrative regulations, which are or should be applicable to any work performed under this contract. 63.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. 64.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 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. 65.STATEMENT OF AFFILIATIONS - Contractor hereby files a Statement of Affiliations with the City, attached hereto as an Exhibit, in compliance with Section (c) of the Pittsburgh Code. 66.TERMINATION The County and 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. 67.OPTION TO EXTEND - the City of Pittsburgh, Department of Finance, in cooperation with the successful contractor(s) in regard to this contract, reserves the right to extend this contract for up to 90 days after the indicated expiration date as described in this contract. 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 goods or services indicated on the contract. When applicable, an extension notice will be issued defining the exact extension of the contract; all other terms and conditions of the extended contract will remain in full force and effect. 68. 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 County 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 11

47 access, during normal business hours, to such books, program and financial records, documents and other evidence upon request of the County Manager, the County 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 County Manager, the County 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 County 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 County s sole discretion, may result in the County withholding future payments. 12

48 *** FOR PAYMENT PURPOSES *** Print Name of Business Business Address Remit to Address City State Zip Code City State Zip Code Contact Person Telephone Contact Person Telephone (Print Name) Number (Print Name) Number 800 number if one is applicable FAX number if one is applicable IN THE PRESENCE OF - Witness Witness Witness Witness INDIVIDUAL (Individual Principal) PARTNERSHIP (Partner) (Partner) (Partner) CORPORATION attest Secretary President (State where Incorporated) Please check the appropriated box: Corporation Partnership Sole Proprietor Unincorporated Include either Social Security or Federal Tax Identification Number: THIS PAGE MUST BE SIGNED IN BLUE INK 13

49 Attachment A STATEMENT OF AFFILIATIONS Exhibit "1" 1. Name of Contractor Office Address and Phone Number 2. List your qualifications and experience for performance of the contract 3. Please give a brief description of any contractual or business relationships you have had with the City within the past three years. Please include the dollar value of the contract or business relationship. 4. Please identify the contractor's principals, including the names and addresses of all owners or partners or shareholders and officers, or, if the contractor is a public corporation, the officers, the members of the board of directors, and shareholders holding-more than three (3) percent of the corporate stock Additional pages may be attached to complete the information herein requested.

50 Attachment B AFFIDAVIT OF CONTRACTOR UNDER PITTSBURGH CODE (f) COMMONWEALTH OR STATE OF ) ) SS: COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared who, being duly sworn according to law, and under penalty of perjury, deposes and says that neither (s)he nor, to the best of his/her actual, knowledge, information or belief, the company, corporation, partnership ("Contractor"), or any affiliated individual is prohibited from entering a bid or participating in a CITY of Pittsburgh contract by reason of disqualification as set forth at Pittsburgh Code (b). SWORN TO and subscribed before me this day of, 20. Notary Public (SEAL) Name: Title: 2

51 Attachment C ALLEGHENY COUNTY DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PURCHASING AND SUPPLIES ANTI-SWEATSHOP PROVISIONS In response to Allegheny County Invitation For Bid or Request For Quotation #, certifies that nothing has come to my / our attention that would lead I / us to believe that any of the goods or products proposed in our Bid or Quotation were made under sweatshop conditions, as defined by Part 9, as amended, of Article 903 of the County s Administrative Code (Ordinance Number OR). I /we certify that I / we have read and understand the above mentioned Administrative Code provisions. If the County/City is presented with information that would lead the County/City to reasonably believe that the Supplier or its suppliers may be obtaining goods or products for sale, re-sale, lease or rental to the County/City that where made under sweatshop condition, upon request of the County/City, the Supplier shall disclose information, data and materials reflecting Supplier s practices as they pertain to the procurement and manufacturing of goods/products in compliance with the Anti-Sweatshop provisions of the County s Administrative Code. COMPANY NAME: ADDRESS: PHONE NO: FAX NO: CONTACT PERSON: AUTHORIZED SIGNATURE TITLE OF AUTHORIZED SIGNER Jd/ anti sweatshop supdoc 3

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