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                 Name and Address of
                 Bidder:




                             MAINTENANCE: ASPHALT PAVEMENTS
                                  AT VARIOUS LOCATIONS
                 Bid for:          (CD AREAS ONLY)

                                                                             B-134-10



                 Dept. of:                                                   FINANCE
                 Opening
                 Date:                                                       MARCH 5TH.,                                                    20   10

                   All bids must be received in the Office of the City
                  Controller no later than the prevailing date and time
                            listed on the enclosed proposal.
                             PITTSBURGH, PA 15219-2468

                                                         CITY-COUNTY BLDG.

                                                                               414 GRANT STREET

                                                                                                  FIRST FLOOR

                                                                                                                OFFICE OF CITY CONTROLLER
                                                                    B-134-10

NOTICE TO PROSPECTIVE BIDDER:

Enclosed is an invitation to bid on a proposal issued by the City of Pittsburgh, Department of Finance: Bureau of Procurement, Fleet and Asset Services.
Please read all enclosed instructions and specifications carefully.



In order for your submission to be considered eligible, you must complete the following:
1. The proposal must be properly completed (in ink or typewriter);
2. Be signed by an authorized contracting agent of your company;
3. Be filed with the "City of Pittsburgh, Controller's Office, First Floor, City-County Building
    414 Grant Street, Pittsburgh, PA 15219", at the time indicated on the Proposal Cover Sheet;
   contain certain required paperwork. We have enclosed the following checklist to assist you
   in your submission. Any forms that have been check-marked (X) must be completed and returned
   with your bid package or your bid may be rejected:
 PROPOSAL CHECKLIST
                Bid Envelope
           X Notice To Prospective Bidder Letter
           X Bid Bond (When required, bid bond for amount indicated on Proposal Cover must be submitted
             with bid proposal. See paragraph 13, Articles of Agreement)
           X Proposal Cover
           X Technical Specifications
           X Articles Of Agreement (Signature Sheet must be signed, attested and returned on
             Page 15 )
           X Vendor Questionnaire (If not submitting a bid)
           X MBE/WBE Solicitation and Commitment Form–(Must be signed and returned with bid)
           X Affidavit Of Contractor
           X Sweatshop Conditions
           X Statement Of Affiliations
          X Prevailing Wage Rate Schedule included.-For additional paperwork, please contact Bureau of
               Procurement, Fleet and Asset Services
          X Section 3 Package included (Bids will NOT be accepted unless the last four (4) pages of this
               section are completed and signed by the bidder.) For additional paperwork, please contact Bureau
               of Procurement, Fleet and Asset Services
          X Bid and General Contract Conditions included-For additional paperwork, please contact the
               Bureau of Procurement, Fleet and Asset Services
The successful bidder may be required to provide a performance bond, or other acceptable security, as indicated
on the proposal sheet. Please refer to the proposal package for more information. If any of the forms listed in the
checklist are missing, please contact the Bureau of Procurement, Fleet and Asset Services at (412) 255-2485.
Should you choose not to respond to our proposal, please complete the attached "Vendor Questionnaire" and
return it in the enclosed bid envelope. Your comments will enable us to improve our ability to serve you. If you
have any questions
concerning this proposal or its requirements, please contact the Bureau of Procurement, Fleet and Asset Services
at 412-255-2485. We look forward to doing business with you.
                                               BID BOND
                                      Know All Persons by these Presents
THAT_______________________________________________________________________________
And principal, and _____________________________________________________________________
______________________________________________________________________________ as surety,
are held and firmly bound unto the City of Pittsburgh, in the sum of _______________________________
___________________________________________ to be paid to the 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 assigns, jointly and severally, 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 the Assembly and Ordinances of Council relating
thereto; now
                             THE CONDITION OF THE ABOVE OBLIGATION IS SUCH
That if 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, demands, 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 or materials to be furnished or labor to be supplied or performed under it, or the giving by
of City of Pittsburgh of any extension of time for the performance of the contract or any other forbearance
on the part of either the City of Pittsburgh or the principal to the other, shall not in any way release the
principle 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 suety or sureties of any such alteration,
extension or forbearance being hereby waived.

  ATTEST:
                                                                                       (Seal)
     SECRETARY - TREASURER                             COMPANY NAME


                                                PRESIDENT-VICE PRESIDENT               (Seal)


                                                     BONDING COMPANY                   (Seal)


      FOR SURETY COMPANY                             ATTORNEY-IN-FACT                  (Seal)
                                        CITY OF PITTSBURGH
                                          Department of Finance

                     “B” PROPOSAL FOR CITY OF PITTSBURGH CONTRACTS
Proposal #         B-134-10               Opening Date: March 5, 2010


Bid Bond: See Specification # 13          Performance Bond: See Specification # 13

                                                 NOTICE
THIS INQUIRY MUST BE DELIVERED TO THE CITY CONTROLLER’S OFFICE BY 10:00 A.M. ON
THE OPENING DATE LISTED ABOVE, TO BE READ AT 11:00 A.M., E.S.T., IN THE DEPARTMENT
OF FINANCE: BUREAU OF PROCUREMENT, FLEET AND ASSET SERVICES.

In accordance with the provisions of a Resolution of Council of the City of Pittsburgh:
No. 646, Series 2009, approved November 6, 2009.


MAINTENANCE: ASPHALT PAVEMENTS AT VARIOUS LOCATIONS FROM APRIL 1, 2008 THROUGH
MARCH 31, 2011 and/or 2012. (CD AREAS ONLY)




                              (SEE ATTACHED SPECIFICATION FOR ADDITIONAL DETAIL)



Please check the appropriate box:
   Corporation               Partnership              Sole Proprietor   Unincorporated
Include either Social Security or Federal Tax Identification Number:____________

Name of Firm:                                    E-mail address
Address:                                         Phone:
                                                 Fax:
                                                 Print name of Signatory Authorizing Contract:


EP/df (01/25/10)
B-134-10                                   BID SHEET

                                SECTION 1 – CRACK-SEALING

                                                                            (OPTIONAL)*
                                                       4/1/10-3/31/11       4/1/11-3/31/12
                                           APPROXIMATE      UNIT               UNIT
ITEM       DESCRIPTION                     QUANTITY UNIT     PRICE            PRICE______


S-1        FIBER ASPHALT JOINT & CRACK      5,000 GALLON    $___________      $__________
           CLEANING 7 SEALANT

                          ANNUAL EXTENDED PRICE TOTAL:      $__________      $___________


                              SECTION 2 – BITUMINOUS REPAIRS
                                                                            (OPTIONAL)*
                                                       4/1/10-3/31/11       4/1/11-3/31/12
                                           APPROXIMATE      UNIT                UNIT
ITEM       DESCRIPTION                     QUANTITY UNIT     PRICE             PRICE______

S-2        SAWING/SEALING OF BITUMINIOUS    5,000   LINEAL. $___________   $__________
           OVERLAYS

                          ANNUAL EXTENDED PRICE TOTAL: $__________         $___________




*OPTIONAL: BIDDERS ARE INVITED, AT THEIR OPTION, TO SUBMIT BIDS FOR A SECOND CONTRACT
          YEAR. THE CITY OF PITTSBURGH WILL CONSIDER SECOND YEAR PRICING; AND AT IT’S
          SOLE DISCRETION, AWARD FOR A TERM OF EITHER ONE (1) OR TWO (2) YEARS. THE
          SUCCESSFUL BIDDER WILL BE ADVISED OF THE CONTRACT TERM AT THE TIME OF
          INITIAL AWARD NOTIFICATION.
B-134-10                                                                                              PAGE 1
                                                GENERAL SPECIFICATIONS

1. SUMMARY OF THE WORK

  This contract shall consist of proper surface preparation and cleaning, the application of various asphaltic materials and
  techniques, and shall include any and all preparation, clean-up, maintenance of traffic, etc., required for, and incidental to,
   a proper, efficient and effective installation of such pavement courses.

2. WRITTEN ESTIMATES

  Written estimates shall be required prior to the commencement of each project performed under this contract. Final cost
  of each estimated project must be within 10% of written estimate. Only the Director of the User Department may, in
  writing to the vendor, waive this clause.

3. PROTECTION OF WORK

  This Contractor shall be held responsible for the protection of all his work prior to the final acceptance of same. He shall
  repair or replace all damaged work at his own expense.

4. TESTING

  Testing of materials, or, of the installation of same, may be required by the Director or, his/her designee, at the expense of
  the City of Pittsburgh. If the workmanship or materials are found not in accordance with the contract documents, the
  Contractor shall pay the costs of testing.

  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.

5. EXPERIENCE

  Bidders shall demonstrate competence in the type of work required by the proposed contract through the use of Section
  1.0, References, of the proposal. These references must indicate two (2) years minimum experience in flexible base
  projects similar to the type that will be undertaken under this contract.

6. GUARANTEE

  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 each job. Additional warranties of specific materials and systems may be required of the Contractor
  on a per job basis and will be so noted in the Director'’ requesting letter.

7. NOTIFICATION OF UTILITY COMPANIES

  The Contractor shall notify all utility companies seventy-two (72) hours prior to the start of their work so that precautions
  can be exercised: Pennsylvania One Call System, Inc. 1-800-242-1776.

8. LOCATION OF WORK

  The Director of the User Department or, his/her designee, reserves the right to choose the locations and between what
  points the Contractor shall work. Site renovation work shall vary from project to project; thus, the size, shape, and
  quantities of work shall vary accordingly.
B-134-10                                                                                       PAGE 2



9. AWARD OF CONTRACT

  An award of this Contract will be made to the lowest responsible bidder based upon the summation of all items in the Bid
  Item Schedule of each Contract Section. Award shall be on a Section-By-Section Basis.

10. REJECTION/CANCELLATION

  The City of Pittsburgh reserves the right to reject any/all bids. All sections must be adhered to or Bid may be subject to
  rejection, or Contract cancelled.

11. ROADWAY SURFACE PREPARATION

  Prior to applying any mixture, clean the surface of vegetation, loose materials, dirt, mud and other objectionable items.
  After a mixture cures, Contractor will insure there is no significant accumulation of fine aggregates remaining at work
  sites. It is the Contractor’s responsibility to remove loose aggregates.

  The Contractor shall submit to the Director, or, his/her designee, the method of surface preparation for approval prior to
  commencement of work on any project.

12. MAINTENANCE AND PROTECTION OF TRAFFIC DURING CONSTRUCTION

  Provide an arrow panel for all lane closures on multi-lane roads.

  When an arrow panel is required, utilize only an 8’ wide by 4’ high arrow panel.

  Ten (10) days prior to construction, erect the Advance Construction Advisory sign on Type III barricades as depicted
  below for arterials and collectors or as directed by engineer. Place signs in advance of the proposed work area in both
  directions.


                                     (Fill in name)
                                CONSTRUCTION BEGINS
                                                    (Date)


               Use 6” black letters on a reflective orange background
               with an appropriate black border.


                                        DELAYS LIKELY


               Cover the above “BEGINS (Date)” with “DELAYS LIKELY” when
               construction begins.

  The signs and traffic control devices listed in the Publication 203 represent the minimum requirements for this item and as
  such, are for information only. The number and types of traffic control signs and devices for this project will be predicated
  on the number and location of work sites, the extent of repairs and the planned sequence of operations.
   B-134-10                                                                                            PAGE 3

   Notify property owners two days in advance of driveway restrictions affecting their property. Coordinate construction
   at business drives so that drives will not be closed during business hours.

   Maintain traffic flow on all intersecting roads and streets at all times.

   Maintain a minimum of one 10 foot wide lane of unobstructed traffic in each direction during working hours on all
   roadways having more than 2 lanes in accordance with Publication 203, Figures 7,8,9,16,17,18 and 20. Do not locate
   transition within a signalized intersection.

   On roadways with one lane in each direction, maintain a minimum of one lane for alternating traffic flow around the work
   area using flaggers and traffic control signs and devices as shown in Publication 203. Figures 10a and 10b.

   Provide a minimum of two properly attired flaggers to control traffic flow as directed. Whenever the work area or
   associated traffic control passed through or is adjacent to signalized intersection, provide an off-duty uniformed policeman
   to control traffic flow in the intersection.

   Do not restrict traffic flow on any roadway during non-working hours or at times specified by the Engineer.

   Make a survey along with the Engineer and record the location of all existing pavement markings within the project limits
   prior to beginning construction. Contact the Engineer before making any additions, changes or deletions to the existing
   pavement markings. Utilize this information in placing all temporary pavement markings. This survey includes, but is not
   limited to, all long lines, left turn lanes, stop bars, cross walks, lane control arrows, and school crossing markings. Submit
   a copy of this written record to the Engineer before construction begins.

   Provide and install approved removable temporary pavement marking tape for all interim pavement markings.

   If it is necessary to utilize a portion of the shoulder to meet the minimum lane requirements specified above, perform any
   needed repairs to permit safe use of the shoulder, as directed. Repair any damage to the shoulder due to the temporary
   use by traffic.

   Open the roadway to all traffic at the end of each work day.

   Provide traffic control signs and devices which are in like new condition. Reflective sheeting cannot be dirty, scratched or
   stained.

   Do not implement any traffic restriction other than those outlined in these Special Provisions without prior approval of the
   Engineer.

   These Special Provisions require that traffic flow be maintained at all times. Do not stop or interfere with traffic flow on
   open lanes of any multi-lane roadway. Notify the Engineer five (5) working days prior to beginning work at each location.

13. BONDING REQUIREMENTS

BID BOND
A Bid Bond will be required in all cases where the grand total amount for all years bid is $200,000 or more. In such a
case, the face amount of the bond shall be equal to ten percent (10%) of the total amount of the first year bid.


PERFORMANCE BOND
A Performance Bond will be required in all cases where the grand total awarded to a contractor is $100,000 or more,
as computed from the extension of bid prices. In such cases, the face amount shall be equal to ten percent (10%) of
the total estimated value of the award as computed from pricing and/ or based on prior contract expenditures. Such
determination shall be at the sole discretion of the City of Pittsburgh.
B-134-10                                                                                          PAGE 4


14. OFF-DUTY POLICE OFFICERS

   Description

   Provide off-duty uniformed police officers to direct and control traffic as directed. Off-duty officers shall be required
   when Contractor is within 500 ft. of signalized intersections and traffic flow phasing is disturbed by micro- surface
   operations. It shall be the responsibility of the Contractor to obtain all required traffic obstruction permits from the
   City. 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 Order of Police
   Lodge #1 contract.


15. “NOT A PAY ITEM”

   Provide Maintenance and Protection of traffic in accordance with Publication 203 and applicable special provisions. The
   cost of mobilization and maintenance and protection of traffic is incidental to the work and will not be bid as a separate
   item.

   Pennsylvania Department of Transportation Specification Form 408/90 and applicable supplements thereto, and as
   further contained herein shall apply.

   The Contractor may be directed to make repairs to streets prior to application of paving materials. Items are provided for
   this work.

   Preliminary surface preparation such as sweeping and weed removal shall be performed by the Contractor. The
   Contractor shall be responsible for surface cleaning and any remaining preparation work. Such work is to be performed
   in accordance with standard practices, as well as PENNDOT specifications, Sections 460 and 468, where, and as,
   applicable. Unless otherwise specified this work shall be considered incidental to the application, and will not be
   compensated separately.

   All labor, tools, machinery and materials required to complete the contingency items of work shall be included in the
   Submitted Unit Price Bid on each item of work.

   Mobilization (truck/trailer/etc.) shall be considered incidental to the contingency item of work, and those costs shall be
   included in each of the various items of work.

   The approximate 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.

   Payment shall be made at the applicable contract unit price as bid herein. These prices shall be full and total
   compensation for furnishing all material, for all preparation, mixing and applying of said materials, and for all labor,
   equipment tools and incidentals necessary to complete the item.


16. DELIVERY OF SERVICES

   Shall be in keeping with the terms indicated in the “General Conditions for Maintenance and Repair” relative to the
   section entitled “Initiating the Work”, and shall proceed in a timely and continuous manner, unless otherwise requested
   by the City of Pittsburgh.
B-134-10                                                      PAGE 5

       SECTION 1 - FIBER ASPHALT JOINT AND CRACK CLEANING AND SEALING

1. DESCRIPTION

   THIS WORK IS CLEANING AND SEALING LONGITUDINAL AND TRANSVERSE JOINTS
   AND CRACKS IN EXISTING PAVEMENT SURFACE.

2. MATERIALS

   (A) FIBERIZED LIQUID BITUMINOUS JOINT MEMBRANE: USE EXTRUDMAT TM JOINT
       SEALING PROCESS OR BONI FIBER OR APPROVED EQUAL BY APPLYING
       ASPHALT REINFORCED WITH FIBERS TO SEAL AND PROVIDE A WATER TIGHT
       JOINT OR CRACK, IN ASPHALT OR CONCRETE.

   (B) COMPOSITION OF MEMBRANE SEALER:

      ASPHALT – PAVING GRADE AC-20 AS SPECIFIED IN SEC. 702 FROM 408.

      FIBER – SYNTHETIC

           FIBER PAVE 5010 OR BONI FIBER TYPE B
           LENGTH NOT MORE THAN 10 mm
           DENIER NOT MORE THAN 15 dpf
           CONCENTRATION 5.0% +/- 1/% BY WT. OF ASPHALT FOR BONI FIBER.
                 7.0% +/- 1% FOR HERCULES EXTRUDAMAT
           OR APPROVED REINFORCEMENT – RE: CRUMB RUBBER

   (C) FJ1 TOP: PURSUANT TO PENNDOT 408-2000, SECTION 400 FLEXIBLE PAVEMENT
      TABLE A COMPOSITION BITUMINOUS SURFACE COURSES SECTION 401

3. CONSTRUCTION REQUIREMENTS

   (A) SURFACE: APPLY MEMBRANE SEALER ONLY WHEN CRACKS, JOINTS, AND
       ADJACENT PAVEMENT SURFACES ARE DRY AND FREE OF ANY LOOSE DIRT AND
       DEBRIS. SURPLUS OLD SEALANT SHALL BE REMOVED. CRACKS AND JOINTS
       SHALL BE CLEANED BY AIR BLASTING. JOINTS AND CRACK IN EXCESS OF 1 INCH
       WIDTH SHALL BE REPAIRED WITH BITUMINOUS CONCRETE, FJ1 TOP OR
       MATERIAL DESIGNED BY THE ENGINEER BEFORE SEALING.

   (B) APPLICATION OF MEMBRANE: THE MEMBRANE IS TO BE APPLIED USING THE
       RESERVOIR FILL METHOD. SEALANT IS TO BE APPLIED TO THE CRACK OR
       JOINT, FILLING IT ONLY TO THE SURFACE WITH NO OVERBANDING. SEALANT IS
       TO BE APPLIED TO CRACKS MEASURING A MINIMUM ¼” WIDTH, TO A MAXIMUM 1”
       WIDTH.

   (C) COMPACTION: LEVEL HIGH SPOTS WITH A SQUEEGEE.
       IF THE SAMI IS TO BE OVERLAYED WITH HOT BITUMINOUS CONCRETE, COMPACT
       WITH A WATER-WETTED STEEL ROLLER IMMEDIATELY.
B-134-10                                                                     PAGE 6

            (D) MIXING PROCEDURES: BLEND THE AC-20 AND FIBERS IN AN OIL-JACKETED
                DOUBLE WALL KETTLE EQUIPPED WITH AN AGITATOR AND A 2” HOT ASPHALT
                PUMP. KETTLE MUST HAVE SEPARATE THERMOMETERS FOR OIL BATH AND

3.      CONSTRUCTION REQUIREMENTS (continued)

            MELTING CHAMBER AND A PUMP FOR CIRCULATING OIL BATH. OPERATING
            TEMPERATURE IN THE KETTLE SHOULD BE LESS THAN 280° FOR HERCULES FIBER
            OR 330°F FOR BONI FIBERS. PREMIX FIBER AND LIQUID BITUMINOUS PLUG MAY
            ALSO BE USED.

                 SECTION 2 – SAWING AND SEALING OF BITUMINOUS OVERLAYS


1. DESCRIPTION –

     THIS WORK IS THE SAW CUTTING OF NEW BITUMINOUS CONCRETE COURSES
     DIRECTLY ABOVE EXISTING OR CONSTRUCTED TRANSVERSE JOINTS IN THE
     UNDERLYING CONCRETE PAVEMENT AS DIRECTED, AND SEALING THE RESERVOIR.

2. MATERIAL (PENNDOT SPECTIFICATIONS)

     (A) SEALING MATERIALS – SECTION 705.4 (c) OR (d).

     (B) TAPE BOND BREAKER – SECTION 513.2(c)

3. CONSTRUCTION

     (A) GENERAL - LOCATE AND REFERENCE THE LOCATION OF EACH EXISTING
         TRANSVERSE JOINT PRIOR TO PLACEMENT OF ANY BITUMINOUS COURSES.
         MAKE ALL SAW CUTS DIRECTLY ABOVE THE EXISTING TRANSVERSE JOINTS.

        DO NOT PERFORM SAW CUTTING UNTIL THE BITUMINOUS COURSE HAS
        THOROUGHLY COOLED. PERFORM SAW CUTTING WITHIN SEVEN (7) DAYS
        AFTER PLACEMENT OF THE WEARING COURSE. PERFORM THIS WORK ON ALL
        FINISHED OVERLAY AREAS PRIOR TO DISCONTINUING OF WORK DUE TO
        SEASONAL PAVING LIMITATIONS.

        MAKE SAW CUTS ONLY N THE LANE IN WHICH THE EXISTING JOINT IS LOCATED.
        EXTEND THE SAW CUTS THROUGH ANY EXISTING WIDENING. PROVIDE
        SEPARATE SAW CUTS IN EACH LANE WHEN EXISTING TRANSVERSE JOINTS ARE
        OFFSET MORE THAN 1 INCH.

        IF THE WEARING COURSE IS TO BE PLACED THE FOLLOWING CONSTRUCTION
        SEASON DUE TO SEASONAL PAVING LIMITATIONS, PROVIDE A 1 INCH DEEP, 1/8-
        INCH WIDE SAW CUT IN THE LAST PLACED BITUMINOUS CONCRETE COURSE.
B-134-10                                                                          PAGE 7


      (B) SAWING- WHEN THE TOTAL DEPTH OF OVERLAY EXCEEDS 4-1/2 INCHES NOT
          INCLUDING SCRATCH OR LEVELING COURSES, MAKE A 1/8-INCH WIDE SAW CUT
          TO A MINIUMU DEPTH OF 2 INCHES OR 1/3 OF THE TOTAL OVERLAY THICKNESS
          WHICHEVER IS GREATER.

3. CONSTRUCTION

         SAW A RESERVOIR IN THE WEARING COURSE HAVING A WIDTH OF ½-INCH AND
         A DEPTH OF 1 INCH. IF WET SAWING IS USED, FLUSH THE RESERVOIR WITH
         WATER.

(C)      SEALING – DO NOT PLACE SEALING MATERIAL UNLESS THE RESERVOIR FACES
         ARE THOROUGHLY CLEAN AND DRY. DO NOT PLACE ON THE SAME DAY AS WET
         SAWING. CLEAN THE RESERVOIR BY USING COMPRESSED AIR IMMEDIATELY
         BEFORE PLACING SEALING MATERIAL. USE COMPRESSED AIR FREE OF OIL,
         MOISTURE, OR ANY OTHER SUBSTANCE THAT WOULD PREVENT BONDING OF
         SEALING MATERIAL TO THE RESERVOIR FACES.

         DO NOT PLACE SEALING MATERIALS WHEN THE AIR TEMPERATURE IS LESS
         THAN 40 F. USE HEATING EQUIPMENT OF AN INDIRECT HEATING TYPE,
         CONSTRUCTED AS A DOUBLE BOILER, PROVIDE POSITIVE TEMPERATURE
         CONTROL AND MECHANICAL AGITATION.

         OBTAIN THE SAFE HEATING TEMPERATURES AND RECOMMENDED POURING
         TEMPERATURE FROM THE MANUFACTURER’S SHIPPING CONTAINER. PLACE
         THE MATERIAL WITHIN THIS TEMPERATURE RANGE BUT AS CLOSE AS POSSBILE
         TO THE RECOMMENDED POURING TEMPERATURE. MAINTAIN A SAFE HEATING
         TEMPERATURE. MAINTAIN A SINGLE MATERIAL BATCH AT THE POURING
         TEMPERATURE FOR NOT MORE THAN FOUR (4) HOURS. HEAT MATERIAL ONLY
         ONCE.

         PLACE TAPE BONDBRAKER IMMEDIATELY PRIOR TO SEALING ON BOTTOM OF
         JOINT RESERVOIR. DO NOT ALLOW TAPE TO EXTEND UP RESERVOIR FACE
         MORE THAN 1/8-INCH.

         FILL THE RESERVOIR WITH SEALING MATERIAL TO A LEVEL 1/8-INCH TO ¼-INCH
         BELOW THE PAVEMENT SURFACE. DO NOT ALLOW SEALING MATERIAL TO
         SPREAD OVER THE PAVEMENT SURFACE.

  4.     MEASUREMENT AND PAYMENT – LINEAR FOOT.
B-134-10


                                    INDEX



1.0        GENERAL REQUIREMENTS
           1.0 GENERAL CONTRACT CONDITIONS
           1.1 EXCLUSIVITY
           1.2 AUTHORIZATION
           1.3 INITIATING THE WORK
           1.4 INVOICING
           1.5 COORDINATION WITH OTHERS
           1.6 PERMITS
           1.7 BONDING
           1.8 SAFETY AND CODE REQUIREMENTS
           1.9 EMERGENCY WORK
           1.10 CONSTRUCTION DOCUMENTS: DRAWINGS AND TECHNICAL
                         SPECIFICATIONS
           1.11 USE AND POSSESSION PRIOR TO COMPLETION
           1.12 INSPECTIONS AND PROJECT CLOSEOUT
           1.13 LIQUIDATED DAMAGES
           1.14 GUARANTEE
           1.15 CLARIFICATION OF OWNERSHIP
           1.16 QUARTERLY REPORTS

2.0        GENERAL INSTALLATION REQUIREMENTS
           2.1 TESTING
           2.2 STORAGE OF MATERIALS AND EQUIPMENT
           2.3 PROTECTION OF WORK
           2.4 RESTORATION AND MAINTENANCE OF SURFACES
           2.5 CUTTING, FITTING, AND PATCHING
           2.6 CLEANUP OF PREMISES AND EQUIPMENT

3.0        BASIS OF AWARD
           3.1 UNIT PRICES
           3.2 PERSONNEL
           3.3 OVERTIME
           3.4 MARKUP
           3.5 EQUIPMENT
           3.6 BID SUMMARY SHEET

4.0        REFERENCES



                                    PAGE 1
B-134-10
              GENERAL CONDITIONS FOR MAINTENACE AND REPAIR

1.0        GENERAL CONTRACT CONDITIONS

A.         The City of Pittsburgh Bid and General Contract Conditions (1984) revised November,
           1997.

B.         The following Sections are to be excluded from the General Contract Conditions except
           as noted below:

           1) TITLE II

           a. Article 3, Sec. 2.31                   Page 5       EXAM. OF WORKSITE
           b. Article 4, Sec. 2.41-2.44              Pages 5-6    BONDS shall be modified
                                                                  as stated herein per pp. 1.9.
           c. Article 4, Section 2.46                Page 7       INSURANCE shall be
                                                                  modified as stated in the
                                                                  "Article of Agreement".
           d. Art. 5, Sec. 2.53                      Page 8       COMMENCEMENT OF
                                                                  WORK
           e. Art. 6, Sec. 2.61-2.68                 Page 8-11    M/WBE (MBE/WBE
                                                                  language shall be modified
                                                                  as stated in “Article of
                                                                  Agreement”)
           2) TITLE III

           a. Art. 1, Sec. 3.14                      Page 13      GUARANTY
           b. Article 4, Section 3.43                Page 17      COMPENSATION FOR
                                                                  DIMINISHED/EXTRA
                                                                  WORK
           c. Art. 5, Sec. 3.51                      Page 18      MAX. UNIT PRICE
           d. Art. 5, Sec. 3.53                      Page 18      RETAINAGE




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               GENERAL CONDITIONS FOR MAINTENANCE AND REPAIR

1.1        EXCLUSIVITY

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.

1.2        AUTHORIZATION

           The award of this contract shall be such that any City Department may make use of it at
           the prices stipulated. However, all work must have prior authorization of the Director(s)
           of the Department of Public Works and/or the Department of Finance.

1.3        INITIATING THE WORK

           The procedure for initiating the work shall be as follows:

A.         The Director or his representative shall, by Request For Proposal (RFP) letter, describe
           the work for each intended project and request this Contractor to submit a not-to-exceed
           cost proposal based upon the rates and unit prices established in this bid as well as any
           other costs associated with the completion of the work. The Contractor shall follow the
           requested format for the submission of each proposal as enumerated in the RFP. Each
           proposal must include a written estimate on City forms and shall be submitted within
           seven (7) days of the request.

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.


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1.3        INITIATING THE WORK (cont.)

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 a Letter Of Acceptance (LOA) of his cost
           proposal accepting the Not-To-Exceed-Amount (NTEA) for each project. Final cost of
           each completed project may not exceed the NTEA as accepted by the LOA. Only the
           Director of the User Department may, in writing to the Contractor, waive this clause
           through the Pending Change Notice (PCN) process.

E.         Unless otherwise directed, the Contractor must begin work within ten (10) calendar days
           after the LOA notice to proceed and shall do the work in accordance with the Director's
           orders and instructions.

1.4        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 herein, material invoices,
           equipment rentals and other costs associated with the completion of the work as accepted
           and enumerated in the LOA and approved PCNs for each project. 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.        PA State taxes paid by the Contractor on material purchases or equipment rentals are
           reimbursable if included on third party invoices submitted.



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1.4        INVOICING (cont.)

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.

1.5    COORDINATION WITH OTHERS
       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.

1.6        PERMITS

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.



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            GENERAL CONDITIONS FOR MAINTENANCE AND REPAIR

1.7    BONDING
       IMPORTANT: BONDING AS DESCRIBED BELOW SHALL PREVAIL OVER
       THAT SPECIFIED IN “BID AND GENERAL CONTRACT CONDITIONS”.

A.     A Bid Bond is required in the amount of 10% of the total aggregate amount bid if over
       $200,000 for all years bid. Bids not containing a Bid Bond in the correct amount will be
       rejected. It is recommended that amounts of bid bonds read “10% of the total amount
       bid” in case of mathematical errors.

B.     If the amount awarded is over $100,000.00, a Performance Bond is required of the
       Awardee in the amount of 10% of the contract Grand Total for all years awarded as
       indicated on the bid summary sheet. For example, if a two year contract is estimated to
       be valued at a total of $125,000.00 per year, a performance bond in the amount of 10%
       of the estimated $250,000.00 total expenditure would be required (i.e.: a $25,000.00
       Performance Bond).

1.8    SAFETY AND CODE REQUIREMENTS

 A.    All Contractors shall comply with standards and regulations of Public Law 91-596,
       "Safety and Health Regulations for Construction", latest edition, Occupational Safety
       and Health Act of 1970.

 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 800-242-1776.

 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.


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1.9        EMERGENCY WORK

 A.        The Contractor must have the ability to perform emergency work within the following
           time frames, based on situation, and must verify 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.

1.10       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, backcharging 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.


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1.11       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.

1.12       INSPECTIONS AND PROJECT CLOSEOUT

 A.        During the course of the project, the City will assign an inspector to this site to monitor
           the work. The Inspector shall act as the Director's Representative on all matters in the
           field. The Inspector, however, shall not 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 Inspector. The Contractor shall fully
           cooperate with the Inspector. The Contractor's Field Representative may be requested to
           sign the Inspector'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.
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1.13       LIQUIDATED DAMAGES

 A.        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 $200.00 per day for every day of such substantial delay.
           Liquidated damages shall be deducted from payments due under this contract.

1.14       GUARANTEE

 2.        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 in the Director’s
           requesting (RFP) letter.

NOTE:      IN SOME CASES, WARRANTY PERIODS MAY COMMENCE PRIOR TO FINAL
           INSPECTION, PURSUANT TO ISSUANCE OF CERTIFICATE OF SUBSTANTIAL
           COMPLETION (AIA DOCUMENT G704).

1.15       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.

1.16       QUARTERLY REPORTS

A.         Contractor shall supply quarterly reports on contract usage. Reports shall be sent to
           the Department of Finance: Bureau of Procurement, Fleet and Asset Services, 30 days
           after the end of each quarter. Failure to supply reports may delay processing of
           invoices. Reports must show total quantities of unit prices, labor & material (T&M)
           costs, and total number of projects as of the close of the quarter. The reports should
           group the above information by department authorizing the work; i.e. Department of
           Finance, Public Works, or Parks, etc. Projects do not have to be completed but said
           costs should be incurred by you in order to include such quantities in the report.

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              GENERAL CONDITIONS FOR MAINTENANCE AND REPAIR

2.0        GENERAL INSTALLATION REQUIREMENTS

 A.        Installation shall be of a quality not less than is accepted as industry standard for any
           trade covered herein.

 B.        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.

2.1        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.

2.2        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. he 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.

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                GENERAL CONDITIONS FOR MAINTENANCE AND REPAIR

2.2        STORAGE OF MATERIALS AND EQUIPMENT (cont.)

 C.        At the end of each project, a list of all City owned equipment in the 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.

2.3        PROTECTION OF WORK
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 construction
           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.

2.4        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 relocated signs,
           fences, barriers, or other objects in order to gain access to existing equipment or to
           the proposed equipment site This Contractor shall perform such duties, within reason,
           at no additional charge and shall restore the site to it’s 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 and permission of
           the City Forester 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.


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               GENERAL CONDITIONS FOR MAINTENANCE AND REPAIR

2.5        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.

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 parts to their original (prior to the work)
           construction, finish, and to the satisfaction of the Owner.

2.6        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




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               GENERAL CONDITIONS FOR MAINTENANCE AND REPAIR

3.0        BASIS OF AWARD

A.         The following sections of the Bid shall be considered as basis for award of the Contract;

               3.1     Unit Prices
               3.2     Personnel
               3.4     Markup
               3.5     Equipment
               3.6     References

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 Unit Prices or Time & Material
            (T&M) 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.

D.         It is the intention of this contract to limit T & M 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 as specifically requested on a project by project basis.

E.         The City of Pittsburgh reserves the right to terminate this contract at the end of any
           calendar year.




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                  GENERAL CONDITIONS FOR MAINTENANCE AND REPAIR

3.1          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.

3.2 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 handles 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. City will
use extended prices to determine award.

       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

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                  GENERAL CONDITIONS MAINTENANCE AND REPAIR

3.2 PERSONNEL (continued)

        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 shall 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.


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                              GENERAL CONDITIONS MAINTENANCE AND REPAIR

3.3 OVERTIME

A. 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)

     Weekend/Holiday Overtime: 2.0 x Regular Hourly Rate
     (in excess of 40 hrs. per week.)

B. To be considered for payment, overtime must be requested and approved in writing prior to
   the performance of said work.

C. Multiples stated above shall be applicable to rates for the duration of the contract.

3.4 MARKUP – FOR ALL YEARS BID

A. Markups indicated shall apply to all material purchases (does not apply to Section 3.1 – Unit
   Prices) and subcontractor usage. Rates shown will be firm for the duration of the contract.

B. Successful manner as to maximize the economy of such purchases. 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.

C. 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. Subcontractor’s labor rates including
   overhead and profit for common labor classifications that are the same as those listed in Section 3.2 –
   Personnel Rates, may not exceed the hourly labor rates bid under that section for that particular trade. 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 as listed in Section 3.2 –
   Personnel. Subcontractors invoice 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.

D. 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.

3.5 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 60521 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.
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                                GENERAL CONDITIONS MAINTENANCE REPAIR

3.5 EQUIPMENT (cont’d)

C. The “Truck” rate (including driver) is intended to be used only when pre-approved for the hauling
   away form 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).

D. 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.

E. 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.

F. 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.

G. 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.


3.6 BID SUMMARY

        A. UNIT PRICES AND RATES 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, AND ENTERED INTO THE
            BID SUMMARY.

            IN THE EVENT OF MATHEMATICAL ERRORS ON EXTENSIONS OR PRICES, UNIT
            PRICES SHALL PREVAIL.




                                          PAGE 17
B-134-10                                                               Page 18

                     GENERAL SPECIFICATION INFORMATION

1. COMPANY NAME:     ____________________________________________________

  CONTACT PERSON: ____________________________________________________

  PHONE NUMBER:      ____________________________________________________

  EMERGENCY #:       ____________________________________________________

  FAX #:             ____________________________________________________

  PAGER #:           ____________________________________________________

  E-MAIL ADDRESS: ____________________________________________________

2. THE BIDDER DOES HEREBY PROPOSE AND AGREE TO FURNISH ALL
   MATERIALS EQUIPMENT, TOOLS AND LABOR REQUIRED TO THE CITY OF
   PITTSBURGH, THE CITY
   OF PITTSBURGH SCHOOL BOARD, ALL CITY AUTHORITIES AND ALLEGHENY
   COUNTY AT THE PRICES QUOTED IN THIS PROPOSAL.

3. LIST PRICES FOR COMMODITIES SOLD TO THE CITY IN A DATABASE OR
   DISK FORMAT, 3 ½” DISK OR CD-ROM.

             __________YES            ___________NO

4. QUESTIONS CONCERNING THIS PROPOSAL MAY BE FAXED OR E-MAILED TO
   ED PIKULA, PURCHASING AGENT NO LATER THAN FIVE (5) DAYS PRIOR TO
   THE SCHEDULED BID OPENING DATE.

      FAX (412) 255-2367 E-MAIL: edward.pikula@city.pittsburgh.pa.us

5. PLEASE INDICATE WITH AN (X) HOW YOU WERE INFORMED OF THIS
   PROPOSAL:

   POST GAZETTE        ____________        CONSTRUCTION NEWS         ____________
   PGH COURIER         ____________        PGH BUILDERS EXCHANGE ____________
   DIRECT MAIL LETTER ____________         ACCU COPY                 ____________
   CITY WEB SITE       ____________         DODGE REPORT             ____________
   WORD OF MOUTH (PLEASE LIST                      _________________________________
   CITY POSTING OR OTHER AGENCIES (PLEASE LIST)    _________________________________
   OTHER PUBLICATION (PLEASE LIST)     _________________________________
          B-134-10                                              PAGE 19
                                         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) 5 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
                     2 days prior to requested date and no later than 2 days following
                     requested date.

                     Penalty for late performance of service is *PER LIQUIDATED
                     DAMAGES CLAUSE 1.13, GENERAL REQUIREMENTS.

                     Repeated incidents of late service performances and/or unnecessary
                     delays will be construed as non-compliance 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


<> The maximum days for placement of order by the City to PERFORMANCE OF SERVICE of goods
by the vendor is 7 days.

<> 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.
       B-134-10                                                                 PAGE 20
                                           GENERAL REQUIREMENTS
4.0     REFERENCES

       PLEASE STATE FIVE (5) REFERENCES LISTING PRINCIPALS/OWNERS OF PROJECTS COMPLETED OR IN-PROGRESS
       DURING THE 3 OR 4 MOST RECENT CALENDAR YEARS. THE REFERENCES LISTED MUST INDICATE EXPERIENCE IN
       HANDICAP RAMP AND SIDEWALK PROJECTS SIMILAR TO THE TYPE THAT WILL BE UNDERTAKEN UNDER THIS
       CONTRACT.

      1. OWNER/PRINCIPAL _______________________________________________________________________________

       PROJECT TITLE ___________________________________________________________________________________

       LOCATION OF WORK SITE _________________________________________________________________________

       SCOPE OF WORK __________________________________________________________________________________

       CONTRACT VALUE _______________________________________________________________________________

      2. OWNER/PRINCIPAL _______________________________________________________________________________

       PROJECT TITLE ___________________________________________________________________________________

       LOCATION OF WORK SITE _________________________________________________________________________

       SCOPE OF WORK __________________________________________________________________________________

       CONTRACT VALUE _______________________________________________________________________________

      3. OWNER/PRINCIPAL _______________________________________________________________________________

       PROJECT TITLE ___________________________________________________________________________________

       LOCATION OF WORK SITE _________________________________________________________________________

       SCOPE OF WORK __________________________________________________________________________________

       CONTRACT VALUE _______________________________________________________________________________

      4. OWNER/PRINCIPAL _______________________________________________________________________________

       PROJECT TITLE ___________________________________________________________________________________

       LOCATION OF WORK SITE _________________________________________________________________________

       SCOPE OF WORK __________________________________________________________________________________

       CONTRACT VALUE _______________________________________________________________________________

      5. OWNER/PRINCIPAL _______________________________________________________________________________

       PROJECT TITLE ___________________________________________________________________________________

       LOCATION OF WORK SITE _________________________________________________________________________

       SCOPE OF WORK __________________________________________________________________________________

       CONTRACT VALUE _______________________________________________________________________________
                            ARTICLES OF AGREEMENT

MADE AND ENTERED INTO, this                              day of
                  , 20         , by and between 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 __________________

NOW, THEREFORE, THIS AGREEMENT WITNESSETH:

That the Contractor agrees, and by these presents does/do agree with the 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                                       Rev 2/2/07
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.

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.      The MBE/WBE SOLICITATION AND COMMITMENT FORM, (For B & C
                contracts over $10,000);
        H.      AFFIDAVIT OF CONTRACTOR;
        I.      STATEMENT OF AFFILIATIONS;
        J.      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).


                                                     2                                      Rev 2/2/07
7. LENGTH OF AGREEMENT - It is agreed that this contract shall be in effect for the term
beginning on the date on which it is countersigned by the Controller of the City of Pittsburgh and
expiring on the _________day of ______________, 20 .

8. 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.




                                                   3                                     Rev 2/2/07
        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.

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 -

                                                     4                                      Rev 2/2/07
       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: $500,000.00 each occurrence. $1,000,000.00 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 15219

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.

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

                                                    5                                      Rev 2/2/07
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) E-mail
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


                                                     6                                      Rev 2/2/07
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 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 $10,000.00 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 $75,000.00 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.

                                                    7                                      Rev 2/2/07
        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 re-awarding 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.




                                                     8                                      Rev 2/2/07
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 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.




                                                     9                                      Rev 2/2/07
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 15219

41.      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 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

                                                     10                                      Rev 2/2/07
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



                                                    11                                      Rev 2/2/07
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.

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 CITY, its officers, agents and employees from and against all liens, charges,
claims, demands, losses costs, judgments liabilities, and damages of every kind and nature
whatsoever, including court costs and attorney’s fees arising by reason of: the performance by
CONTRACTOR of any services under this 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


                                                    12                                       Rev 2/2/07
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 there-under, 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 there-under is limited to amounts
authorized by Resolutions of Pittsburgh City Council.

59. PREVAILING WAGE ORDINANCE - The Contractor agrees that section 161.16(e) of the
PITTSBURGH CODE OF ORDINANCES, stating that the Contractor shall pay at least the applicable
prevailing wages as shall have been determined by the Secretary of Labor and Industry to the
workers employed in the performance of any contract for public work subject to the Pennsylvania
Prevailing Wage Act approved August 15, 1961 (Act No. 442), as amended August 9, 1963 (Act No.
342), and the regulations issued pursuant thereto, and all supplements and amendments thereto, shall
be made a part of this 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 § 161.02(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 161.02(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

                                                     13                                      Rev 2/2/07
they pertain to the procurement and manufacturing of goods/products in compliance with the Anti-
sweatshop provisions of Pittsburgh Code Section 160.02.

61. 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 there-under 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 161.22 of the Pittsburgh
Code. An affidavit certifying compliance with this Section is attached hereto as an Exhibit and
incorporated into and made a part of this contract.

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

66. TERMINATION - 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 60 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.




                                                     14                                      Rev 2/2/07
It is agreed by the parties hereto that there is no other consideration, favors, promises, or
interest passing between the parties other than what is expressly stated in this contract.
       IN WITNESS WHEREOF, this contract is signed this ____ day of                              ,
       20____.

       CONTRACTOR:




       SECRETARY - TREASURER                        PRESIDENT - VICE PRESIDENT (SEAL)




       CITY OF PITTSBURGH:                          PROPOSAL N0.        B-134-10



       ______________________________               ____________________________________
       PROCUREMENT SERVICES                         DIRECTOR, DEPARTMENT OF FINANCE
       COORDINATOR

       Examined By:                                 Contract Approved As To Form:


       _____________________________                ____________________________________
       ASSISTANT CITY SOLICITOR                     CITY SOLICITOR


       COUNTERSIGNED BY CONTROLLER’S OFFICE and executed this
       ____ day of        , 20 :




                                               15                                   Rev 2/2/07
                               CITY OF PITTSBURGH
                 BUREAU OF PROCUREMENT, FLEET AND ASSET SERVICES

                               VENDOR QUESTIONNAIRE

                                   PROPOSAL # B-134-10

PLEASE COMPLETE THE FOLLOWING COMPANY INFORMATION:

COMPANY NAME:   _____________________________________
ADDRESS:        _____________________________________
                _____________________________________
                _____________________________________
CONTACT PERSON: _____________________________________
PHONE NUMBER:   _____________________________________

1. MY COMPANY CANNOT BID ON THIS PROPOSAL DUE TO THE FOLLOWING REASON(S):

 A. CANNOT SUPPLY GOODS/SERVICES AS SPECIFIED.                      YES     NO

 B. CANNOT HOLD PRICES FIRM FOR THE SPECIFIED CONTRACT PERIOD.      YES     NO

 C. BID SPECIFICATIONS ARE TOO VAGUE                                YES     NO

 D. OTHER         _____________________________________
                  _____________________________________
                  _____________________________________

2. MY COMPANY CHOOSES NOT TO BID ON THIS PROPOSAL DUE TO THE FOLLOWING
   REASON(S):

 A. HAVE HAD UNFAVORABLE EXPERIENCE WITH THE CITY IN THE PAST.      YES     NO

 B. DOING BUSINESS WITH THE CITY IS NOT PROFITABLE.                 YES     NO

 C. THE CITY DOES NOT PAY IN A TIMELY MANNER.                       YES     NO

 D. OTHER         _____________________________________
                  _____________________________________
                  _____________________________________

3. PLEASE ELIMINATE MY COMPANY FROM THIS PROPOSAL'S MAILING LIST
  ONLY.                                                             YES     NO

4. IF YOU HAVE ANY OTHER COMMENTS YOU MAY LIST THEM BELOW:
                  _____________________________________
                  _____________________________________
                  _____________________________________
                  CITY OF PITTSBURGH MBE/WBE SOLICITATION AND COMMITMENT FORM
                   PROPOSAL NO. B-134-10               DATE:

COMPANY NAME:


ADDRESS:


CITY, STATE AND ZIP CODE


TELEPHONE: BUSINESS AND EMERGENCY




FAX NUMBER AND E-MAIL ADDRESS


 FOR ASSISTANCE CALL THE OFFICE OF BUSINESS            FAILURE TO COMPLETE FORM MAY BE
 AND EMPLOYMENT OPPORTUNITIES AT                       SUFFICIENT CAUSE FOR BID REJECTION.
 412-255-8804


                           PLEASE LIST ALL MBE/WBE BUSINESSES SOLICITED
NAME                             ADDRESS       PHONE           FAX NO.    E-MAIL       MBE OR WBE

1.
                                                                                   EST $    EST %

                                                                                   ________
                                                                                   _________
2.
                                                                                   EST $       EST %

                                                                                   _________
                                                                                   _________
3.                                                                                 EST $    EST %


                                                                                   ________
4.                                                                                 _________
                                                                                   EST $    EST %

                                                                                   ________
                                                                                   _________
MBE/WBE HISTORY               CONTRACT NO.       DESCRIPTION              MBE USED         WBE USED
             CITY OF PITTSBURGH MBE/WBE SOLICITATION AND COMMITMENT FORM- WAIVER REQUEST


  COMPANY NAME:

  ADDRESS:

  CITY AND STATE

   TELEPHONE       FAX NUMBER E-MAIL
ADDRESS

      PLEASE EXPLAIN IN DETAIL WHY A WAIVER IS REQUESTED.




                        CITY OF PITTSBURGH MBE/WBE SOLICITATION AND COMMITMENT FORM-TRADES

 NAME                     ADDRESS          PHONE       FAX NO.
                                                                  CHECK      WORK PERFORMED___________________________
                                                                  MM
                                                                             EST. PAYMENT ______________________________
                                                                  MF
                                                                  NMF        PAYMENT % OF CONTRACT____________________

                                                                             DATE STARTED______________________________



                                                                  CHECK      WORK PERFORMED__________________________
  NAME                    ADDRESS          PHONE        FAX NO.   MM
                                                                             EST. PAYMENT______________________________
                                                                  MF
                                                                  NMF        PAYMENT % OF CONTRACT____________________

             COMMONWEALTH OR STATE OF                                        DATE STARTED______________________________

             _______________________________                      )
                                                                  )    SS:
  NAME               ADDRESS      PHONE                FAX NO.    CHECK   WORK      PERFORMED__________________________
             COUNTY OF ___________________                        )
                                                                  MM
                                                                             EST. PAYMENT_______________________________
                                                                  MF
                                                                  NMF        PAYMENT % OF CONTRACT____________________
                                           AFFIDAVIT OF CONTRACTOR
                                                                DATE STARTED______________________________
                                        UNDER PITTSBURGH CODE §161.22 (f)


  NAME                      BEFORE
                         ADDRESS                                           WORK appeared
                                       ME, the undersigned authority, personally PERFORMED___________________________
                                         PHONE       FAX NO. CHECK
                                                                MM
                                                                        EST. PAYMENT_______________________________
                     _________________________ who,        beingMF sworn according to law,
                                                                duly
                                                                NMF     PAYEMENT % OF CONTRACT ___________________

                                                                            DATE STARTED______________________________
                     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
 I HEREBY ATTEST THAT ALL THE ABOVE FORMS HAVE BEEN FILLED OUT TO THE BEST OF MY KNOWLEDGE AND I
 ACKNOWLEDGE THAT THE DOCUMENTS SUBMITTED ARE THE MBE/WBE PARTICIPATION PLAN AS REQUIRED BY THE CITY OF
 PITTSBURGH. (TYPE NAME AND SS NO.)

  SIGNED:      ____________________________________________DATE:___________________________________________________
COMMONWEALTH OR STATE OF
_______________________________                     )
                                                    )     SS:
COUNTY OF ___________________                       )


                           AFFIDAVIT OF CONTRACTOR
                        UNDER PITTSBURGH CODE §161.22 (f)


            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 §161.22 (b).


                                            _____________________________
                                            Name:
                                            Title:

     SWORN TO and subscribed

     before me this __________day

     of ______________, 20 ____.

     ____________________________
     Notary Public
          (SEAL)
               DEPARTMENT OF FINANCE
      REGULATIONS AGAINST SWEATSHOP CONDITIONS

       WHEREAS, pursuant to Pittsburgh Code § 161.02, contracts are to be awarded,
with certain exceptions, to the lowest responsible bidder; and

       WHEREAS, the term “lowest responsible bidder” has been amended to include a
requirement that the bidder has not obtained any good or products that are to be offered
for sale, lease, rental or consignment to the City, which were made under sweatshop
conditions; and

       WHEREAS, the City is committed to rejecting any proposal that clearly violates
these standards, thereby requiring the following certification in order to execute any
contracts for goods, products or services that may involve the incidental provision of
goods/products for sale or loan; and

       WHEREAS, the City is further committed to ensuring that all City contractors
continue to adhere to the City’s Anti-sweatshop policies throughout the duration of their
contract(s) with the City.

        The undersigned officer/proprietor of the below contractor hereby certifies that
nothing has come to his/her attention that would lead him/her to believe that any of the
goods/products provided herein were made or provided under sweatshop conditions.
Good/products are NOT made under sweatshop conditions if all of the conditions set
forth in § 161.02(e) of the Pittsburgh Code are applicable in the manufacturing facility in
which the goods/products are made.

        If it is discovered subsequent to the execution of this contract that any firms that
the undersigned contractor may use to provide the goods/products herein no longer
adhere to these requirements, the undersigned contractor will immediately notify the
City of Pittsburgh (the “City”). The City, at its sole discretion, may require the contractor
to replace those portions of the contract which fail to meet the requirements of the
Code.

                                           WITNESS/ ATTEST:



Signature of officer/proprietor            Signature of witness/corporate secretary


Print/type name above                      Print/type name above


Title of corporate officers/proprietor     Title of corporate officers/proprietor
                                 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
             NOTE:


  ADDITIONAL “CD” PAPERWORK IS
            REQUIRED
FOR THIS PROPOSAL. SEE FOLLOWING
 ATTACHMENTS REGARDING THESE
    DOCUMENTS. THEY MUST BE
  SUBMITTED TOGETHER WITH THE
      CONTRACT. THANK YOU.

           ED PIKULA
       PURCHASING AGENT
          412-255-8677

				
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