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                Name and Address of Bidder:




                            THE PROCESSING OF RECYCLABLE
                Bid for             MATERIALS

                                                                                 B-106-10



                Dept. of                                     FINANCE
                Opening Date                                                     MARCH 26, 2010

                 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-106-10

NOTICE TO PROSPECTIVE BIDDER:
Enclosed is an invitation to bid on a proposal issued by the City of Pittsburgh, Department 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 must be completed and returned
    with your bid package or your bid may be rejected:

 PROPOSAL CHECKLIST
     X      Label for 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 AND
            ATTESTED 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
            Prevailing Wage Rate Schedule
            Bid and General Contract Conditions

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-106-10______________                    Opening Date:        MARCH 26, 2010.

Bid Bond: See Page 5, Section 2.3 (Part 2)              Performance Bond: $150,000.00
                                                        AUTOMATIC ANNUAL RENEWAL

                                              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 13, 2009.



      THE PROCESSING OF RECYCLABLE MATERIALS FROM APRIL 1, 2010
                   THROUGH MARCH 31, 2011, OR 2013



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

PR 3/10/10
B-106-10                                                                          PAGE 1

                                              BID FORM

AT BIDDER’S OPTION, BIDS MAY BE SUBMITTED ON FIXED OR ADJUSTABLE PRICING,
 AND FOR ONE (1) OR THREE (3) YEARS, OR ON ALL FOUR OPTIONS. NOTE THAT AN
ADJUSTED BASE PRICE MUST BE SUBMITTED IN ORDER TO BID ADJUSTABLE PRICING.

OPTION 1A: FIXED PRICE FROM APRIL 1, 2010 THROUGH MARCH 31, 2011(1 year)

$_________________ PRICE PER TON FOR SINGLE STREAM MATERIAL. ONE LOCATION
WITH BOTH RECYCABLE PAPER AND BLUE BAG OR CLEAR PLASTIC BAG WITH CO-
MINGLED MATERIALS.

OPTION 1B: FIXED PRICE FROM APRIL 1, 2010 THROUGH MARCH 31, 2013 (3 years)

$_________________ PRICE PER TON FOR SINGLE STREAM MATERIAL. ONE LOCATION
WITH BOTH RECYCABLE PAPER AND BLUE BAG OR CLEAR PLASTIC BAG WITH CO-
MINGLED MATERIALS.


OPTION 2A: ADJUSTED BASE PRICE FROM APRIL 1, 2010 THROUGH MARCH 31, 2011
     (1 year)

i- BASE PRICE $_________________ PER TON FOR SINGLE STREAM MATERIAL. ONE
LOCATION WITH BOTH RECYCABLE PAPER AND BLUE BAG OR CLEAR PLASTIC BAG
WITH CO-MINGLED MATERIALS.

ii-   CITY’S SHARE: _______(%) PERCENT OF THE NET OF THE COMPOSITE INDEX PRICE MINUS THE BASE PRICE

OPTION 2B: ADJUSTED BASE PRICE FROM APRIL 1, 2010 THROUGH MARCH 31, 2013
     (3 years)

i- BASE PRICE: $_________________ PER TON FOR SINGLE STREAM MATERIAL. ONE
LOCATION WITH BOTH RECYCABLE PAPER AND BLUE BAG OR CLEAR PLASTIC BAG
WITH CO-MINGLED MATERIALS.

ii- CITY’S SHARE:       _______(%) PERCENT OF THE NET OF THE COMPOSITE INDEX PRICE MINUS THE BASE PRICE


BY SUBMISSIONOF A BID HEREUNDER, THE CONTRACTOR AGREES TO
PARTICIPATE IN AN ANNUAL AUDIT IN ORDER TO REVISE AND IMPROVE THE
CITY OF PITTSBURGH’S COMPOSITION INDEX.


THE CITY OF PITTSBURGH RESERVES THE RIGHT TO AWARD THIS CONTRACT
FOR ONE (1) OR THREE (3) YEARS, AT THE SOLE DISCRETION OF THE CITY, IF
SUCH OPTIONAL YEARS HAVE BEEN BID.
B-106-10                                                  PAGE 2


                          TABLE OF CONTENTS

1.0   INTRODUCTION
2.0   INSTRUCTIONS TO BIDDERS
      2.1   GENERAL
      2.2   BIDDER'S SIGNATURES
      2.3   FINANCIAL SECURITY
      2.4   BID DUE DATE AND TIME
      2.5   PUBLIC OPENING OF BIDS
      2.6   PURCHASER'S CONTACT
      2.7   COST OF PROPOSAL PREPARATION
      2.8   PROPOSALS ARE THE PROPERTY OF THE PURCHASER
3.0   PROPOSED PURCHASE AGREEMENT TERMS AND CONDITIONS
      3.1   STRICT PERFORMANCE
      3.2   CONTRACT ASSIGNMENT
      3.3   PERIOD OF CONTRACT
      3.4   DISPUTES
      3.5   DEFAULT
      3.6   FORCE MAJEURE
      3.7   QUALIFICATIONS OF BIDDERS
4.0   CITY OBLIGATIONS
      4.1   CITY'S EFFORTS TO DELIVER RECYCLABLES ONLY
      4.2   DELIVERY OF RECYCLABLES
5.0   CONTRACTOR OBLIGATIONS
      5.1   CONTRACTOR OBLIGATION TO ACCEPT RECYCLABLES
      5.2   WEIGHING OF RECYCLABLES
      5.3   MARKETING RECYCLABLES
      5.4   MONTHLY REPORTS
      5.5   PARTICIPATION IN PILOT PROGRAMS
      5.6   COMPENSATION
      5.7   PAYMENT/INVOICING PROCEDURES
      5.8   PRIORITIZING
      5.9   SAFETY AND EFFICIENCY
      5.10 DRIVER ACCOMMODATION
      5.11 ANTI-DISCRIMINATION
      5.12 SANITATION REQUIREMENTS
      5.13 PERMITS
      5.14 TAXES
      5.15 LAWS
      5.16 INSURANCE
      5.17 RECORDS
      5.18 INDEMNITY
6.0   INDEPENDENT CONTRACTORS
7.0   NOTICES
8.0   AMENDMENTS
B-106-10                                                                            PAGE 3

1.0    GENERAL

       The City of Pittsburgh Department of Finance has prepared and issued this Request For
       Proposals ("RFP"), designated as BID # B-106-10 PROCESSING OF RECYCLABLE
       MATERIALS, for and on behalf of all City of Pittsburgh Departments.

       The City invites bids from qualified contractors to provide all facilities, equipment, labor and
       services required to receive, process, use and/or market for recycling all of the following,
       Which will be delivered together as a single stream.

       A.      COMINGLED MATERIALS, consisting of glass containers, aluminum containers, tin
               and bi-metal containers, and plastic bottles, jugs and jars primarily consisting of HDPE
               and PET containers, but generally include all plastic bottles, as well as the bags in
               which the containers are collected.

       B.      GLASS, consisting of clear, amber, green, and mixed glass, and included in
               commingled materials.

       C.      .RECYCLABLE PAPER consisting of ONP (#8 Newspaper) - consisting of #8
               newspaper and all inserts that are delivered with newspaper, OCC (Corrugated
               Cardboard) – consisting of corrugated containers having liners of either test liner, jute
               or kraft, (Mixed Paper) – consisting of white ledger, mixed color ledger, coated
               magazines, brochures, catalogues, paperboard, phone books, yellow or white, and
               including cover and enclosed glossy sheets, junk mail as per contents of all unwanted
               mail and hard-back books.

The Recyclables are part of a mandatory program for City residents, both single and multi-units, and
various other qualifying institutions, including, but not limited to schools, civic organizations,
government facilities, and City Authorities. The City's program consists of participants separating
their commingled recyclables from the waste stream and placing them in an LDPE or LDPE/HDPE
mix see-through blue plastic bags (and sometimes in clear plastic bags). Also, participants may place
newspapers and other recyclable paper in brown paper bag or tie them with string. Blue bags are
collected from the curb in twenty-five (25) cubic yard packer trucks.

The following is a breakdown, by tons, of the particular items in the recycling stream ( 2008 totals).
This serves as a low estimate for future totals of recyclable material.

Comingled:
1)   HDPE             568 tons                5)     Clear Glass             472 tons
2)   PET              529 tons                6)     Amber Glass             399 tons
3)   Bi Metals        1024 tons               7)     Green Glass             213 tons
4)   Aluminum         133 tons                8)     Mixed Glass             2620 tons
                                              9)     Plastics 3-7            122 tons

Recyclable Paper:
1)    ONP (#8)    3810 tons
2)    OCC         146 tons
3)    Mixed Paper 256 tons
B-106-10                                                                            PAGE 4

Based on numbers of material collected over the past years, it is anticipated that the City will deliver
approximately 13,000 tons annually of recyclable material to the Contractor. This number, however,
cannot be guaranteed.

The City will be responsible for the collection of Recyclables with its own work force and equipment
or with those of its contractors. Recyclables may be collected and transported in a variety of vehicles,
i.e., with and without compaction, with rear-loaders, front-loaders, etc. Recyclables will be delivered
to the processing facility or other receiving site of the successful bidder for appropriate upgrading,
processing, use and/or marketing.


2.0    INSTRUCTIONS TO BIDDERS

2.1    GENERAL

       Bidders should read the following instructions and follow them closely. Failure to do so may
       result in a proposal's disqualification.

       A Bidder who submits a proposal does so without recourse against the City, its staff or
       contractors for either rejection by the City or failure to execute an agreement with such Bidder.

       The City reserves all rights in accordance with the requirement of the laws of the
       Commonwealth of Pennsylvania and the City of Pittsburgh Code, without qualification,
       including but not limited to the following:

               1)      Select any proposal

               2)      Waive any formality, technicality, or irregularity in proposals received

               3)      Reject any proposals which are not legible, not complete or contain irregularities

               4)      Reject any proposals not received on or before the due date and time specified.

               5)      Obtain clarification from Bidders concerning proposals

       Bidders are reminded that this is a formal competitive bid and that any changes, deletions or
       additions made by a Bidder to these bid specifications may be cause for
       rejection of the bid. All bids must follow the format prescribed on the Bid Form.

2.2    BIDDER'S SIGNATURES

       Each Bidder shall sign the proposal with its usual signature and shall give its full business
       address. Bids by a corporation shall be signed in the full corporate name of the corporation
       followed by the signature and title designation of a person authorized to bind the corporation.

       Bidding corporations shall designate the state in which they are incorporated and the address of
       its principal office. The Bidder's name stated on the proposal shall be the exact legal name of
       the firm.
B-106-10                                                                             PAGE 5

2.3      FINANCIAL SECURITY

      1) Financial security for the bid must be included with the contractor's bid in accordance with the
         proposal cover sheet (see Bonding Information). The awarded Contractor shall submit an
         executed AUTOMATIC ANNUAL RENEWAL performance bond in the amount of One
         Hundred Fifty Thousand Dollars ($150,000) within 14 calendar days following notification of
         award in a form acceptable to the City. Said form must be issued by a surety company
         approved by the City. Each renewable performance bond thereafter must be submitted to the
         Department of Finance, Bureau of Procurement, Fleet and Asset Services.

      2) BONDING INFORMATION

             a)      The estimated annual expenditures under this contract are to be determined by
                     extending the quantities times the unit prices and totaling the results.

             b)      These requirements supercede any and all other bonding requirements, which may
                     be listed elsewhere in this contract, wherever conflict may occur.

             c)      Bid Bond

                     I.     If the total amount bid for all years of this contract should exceed
                            $200,000.00, then a Bid Bond shall be required and must be submitted with
                            the bid documents.

                     II.    Such Bid Bond shall be equal to no less than 10% of the total bid submitted
                            for the first contract year only.

2.4      BID DUE DATE AND TIME

         In order to receive consideration, Proposals must be filed on or before 10:00 A.M.
         PREVAILING TIME ON THE DATE INDICATED HEREIN . Proposals should be delivered
         or mailed, postage pre-paid to:
                                The City of Pittsburgh
                                Controller's Office
                                First Floor, City County Building
                                414 Grant Street
                                Pittsburgh, PA 15219

         Electronically transmitted (fax) proposals will not be accepted. The City will not accept
         responsibility for any bid received late due to delays in the U.S. Mail, overnight delivery
         services, or in any other form of delivery service used by the Bidder.

2.5      PUBLIC OPENING OF BIDS

         Bids will be opened at the date and time specified on the cover sheet at The City of Pittsburgh
         Department of Finance Bureau of Procurement, Fleet and Asset Services offices in the City-
         County Building Room 502.
B-106-10                                                                          PAGE 6

2.6   PURCHASER'S CONTACT

      The contact person for the City is:
                            Patrick Rodgers, Purchasing Agent
                            City of Pittsburgh
                            Department of Finance Bureau of Procurement, Fleet and Asset Services
                            Room 502, City County Building
                            Pittsburgh, PA 15219
                            Telephone:     (412) 255-2483
                            Facsimile:     (412) 255-2367

2.7   COST OF PROPOSAL PREPARATION

      The City will not be liable in any way to bidders for any cost incurred in the preparation or
      submission of a proposal and/or any subsequent negotiations regarding a proposal.

2.8   PROPOSALS ARE THE PROPERTY OF THE PURCHASER

      All proposals submitted shall become the property of the City.


3.0   PROPOSED PURCHASE AGREEMENT TERMS AND CONDITIONS

      Attached hereto is a BID FORM consisting of one page. The BID FORM must be completed
      in full in ink by the bidder.

      The Bidder shall state a fixed price per ton (Option 1) and a revenue sharing percentage
      (Option 2) for the services provided under this contract in accordance with Section 5.6.


3.1   STRICT PERFORMANCE

      The failure of the City to insist upon strict performance of any one or more of the provisions of
      the Contract shall not be construed as a waiver of that or any other provision, or as a waiver of
      any claim the City has to damages or for other relief due to any prior or subsequent breach or
      with respect to termination.

3.2   CONTRACT ASSIGNMENT

      The Contract shall be binding upon the parties hereto, their heirs, administrators, successors
      and assigns.

      The Contractor shall not sell, assign, pledge, transfer or encumber the Contract, or any part
      thereof, without the prior written approval of the City.
B-106-10                                                                           PAGE 7

3.3   PERIOD OF CONTRACT

      Except as otherwise provided in this Proposal and Specifications, the City shall have the right
      to deliver Recyclables to the Contractor commencing upon the award of the Contract and
      terminating on March 31, 2011, or 2013 (the "Term"), as may be determined upon award.

      The City shall have the right, after one (1) year, to terminate the Contract upon thirty (30) days
      written notice to the Contractor.

      Option to Extend - The City of Pittsburgh, Department of Finance, in cooperation with the
      successful vendor(s) in regard to this contract, reserves the right to extend this Contract for up
      to sixty (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.

3.4   DISPUTES

      Any dispute arising under the Contract shall be decided by the Director of the Department of
      Finance ("Director") or his/her designated representative who shall reduce his/her decision to
      writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the
      director or his/her designated representative shall be final and binding.

3.5   DEFAULT

      (i)    If the Contractor shall become or be declared insolvent, or make an assignment for
             benefit of creditors, or if proceedings are commenced for appointment of a receiver or
             Contractor, or if proceedings for arrangement, reorganization, or composition of
             creditors under any laws be instituted by or against the Contractor; or (ii) if the
             Contractor is not fully operational upon award date of the Contract or (iii) if the
             Contractor refuses or fails to perform any other part or portion of its obligations under
             the contract and does not remedy such breach to the satisfaction and approval of the
             City within ten (10) days or twenty-four (24) hours in the event of an emergency as
             determined by the City, after receipt of written notice specifying the nature of such
             breach, the city may, at its option, immediately declare the Contractor in default.

      (ii)   In the event of any default by the Contractor hereunder, the City may, in addition to any
             other rights or remedies the City may have under any statute or at common law, or
             under any bond filed by the Contractor, all of which are reserved to the City, to
             terminate the Contract and solicit bids (if circumstances will allow) and to award a new
             contract, in which case the Contractor shall be liable to the city, including, but not
             limited to, all loss (including loss of revenue), cost expense, legal fees, or damage
             suffered or incurred by the City by reason of the Contractor's default.

             Termination of the Contract shall not affect the Contractor's obligation to pay the City
             in full for all amounts the Contractor may be liable for hereunder.
B-106-10                                                                           PAGE 8

3.6   FORCE MAJEURE

      In the event that either of the parties shall be prevented or delayed from performing any
      obligations under the Contract by reason of acts of God, war, fire, epidemic, civil disturbance,
      strike, flood, earthquake, interference by a civil or military authority, such party shall not be
      liable by reason thereof. The determination of a Force Majeure shall be made solely by the
      Director of the Department of Finance.

3.7   QUALIFICATIONS OF BIDDERS

      The Contractor's facility shall be located within a fifteen (15) mile radius from the City's
      Department of Public Works, Bureau of Environmental Services, located at 30th and A.V.R.R.


4.0   CITY OBLIGATIONS

4.1   CITY'S EFFORTS TO DELIVER RECYCLABLES ONLY

      The City shall make reasonable efforts to ensure that only Recyclables, as listed above in
      Section 1.0, are brought to the Contractor's processing facility or other receiving site. The City
      will take reasonable steps to discourage the delivery of non-designated Recyclables and other
      materials through its public education and training campaign which shall inform residents and
      collection crews not to place such waste in with recyclables. The Contractor shall also have the
      right to conduct such public education programs as the Contractor may choose, subject to the
      City's prior written approval thereof.

      The City shall or shall cause its agents, including but not limited to crews collecting and
      delivering Recyclables, to carry out the program in a responsible and efficient manner.
      However, there is no guarantee or warranty made as to levels of participation or compliance
      with applicable laws by persons from whom the City collects Recyclables nor as to the
      effectiveness of the City's enforcement of said laws.

4.2   DELIVERY OF RECYCLABLES

      It is the intent of the City to deliver the Recyclables on the same day they are collected;
      however, no guarantee is made as to when, within each weekly period, deliveries will be made.

      Reyclables will be collected and hauled to the Contractor's processing facility or other
      receiving site by the City in accordance with existing collection policies and practices and
      conducted in the best interests of the City. The processing facility or other receiving site shall
      be available to receive the City collected Recyclables Monday through Friday from 7:00 A.M.
      until 5:00 P.M. including holidays on which City work forces make collections. Recyclables
      shall be accepted during the same hours on Saturday at the City's sole option. In exercising its
      option to deliver Recyclables on a Saturday, the City will notify the Contractor before 4:00
      P.M. of the Thursday preceding that Saturday when Recyclables will be delivered.
B-106-10                                                                           PAGE 9

      When a holiday, on which City work forces do not make collections, occurs, the processing
      facility or other receiving site shall be available to receive City collected Recyclables on the
      same weekday of the following week from the hours of 7:00 A.M. until 8:00 P.M.


5.0   CONTRACTOR OBLIGATIONS

      Contractor, while providing all the facilities, equipment, labor and services necessary to
      receive, process, use and/or market delivered Recyclables, shall be responsible for satisfying
      the following requirements at all times during the term of this contract:

      The awarded vendor must be prepared to accept the City's Recyclables immediately upon
      Award.

5.1   CONTRACTOR OBLIGATION TO ACCEPT RECYCLABLES

      Contractor shall be obligated to accept all Recyclables collected in the aforementioned
      collection project which the City or its contractors may deliver to Contractor's processing
      facility or other receiving site. City shall deliver Recyclables exclusively to Contractor.

      The Recyclables will be taken to Contractor's processing facility or other receiving site in an
      "as picked up" condition to be deposited in a physical location adequate to receive such
      Recyclables; no processing, bundling, or baling will be done by the City. All processing and/or
      other operational costs incurred upon or after delivery of Recyclables to the processing facility
      or the receiving site shall be the obligation of the Contractor. No adjustment shall be allowed
      for the moisture content due to inclement weather conditions.

      The Recyclables delivered to the Contractor under the Contract shall be accepted by the
      Contractor "as is" without warranty (expressed or implied) of any kind, and the Contractor shall
      handle the same at its own risk and shall be responsible for the proper disposal of any and all
      contaminants or residuals, at no additional cost to the City. The net weight of recyclables
      delivered to the Contractor is the weight to be used for all invoicing or payment purposes with
      the City of Pittsburgh.

5.2   WEIGHING OF RECYCLABLES

      The Contractor shall maintain certified weight scales at the processing facility or other
      receiving site, calibrated in accordance with procedures established by the applicable State and
      local authorities, to weigh vehicles delivering Recyclables to said processing facility or other
      receiving site and weighted after tipping the recyclable materials. All weights shall be recorded
      and imprinted automatically by the scales upon weight slips.
      The net tip weight (not the processed or market weights) is to be used for invoicing or payment
      purposes with the City of Pittsburgh and should be reflected in the total bid price. The City
      shall have the right to have City representatives monitor the operation of the scales and the
      recording of the weight slips, and the City representatives shall have the right to inspect the
      Contractor's facility upon reasonable notice to determine Contractor’s compliance with this
      contract as well as to inspect the Recyclables delivery by City vehicles to evaluate the
      effectiveness of the City's collection methods. All scales shall be tested for accuracy and a
B-106-10                                                                         PAGE 10

      certificate of such testing shall be provided to the City twenty (20) days after award date of
      Contract and may be required any time during the term of the Contract at the City's request.

5.3   MARKETING RECYCLABLES

      The Contractor shall provide or act as a recycling market outlet for the Recyclables during the
      Term of the Contract regardless of market fluctuations. The Contractor shall provide evidence
      that the Recyclables have been used or marketed for use for legitimate recycling purposes (e.g.
      reuse, use in manufacture of a new product), upon request of the City.

5.4   REPORTS

      The Contractor shall submit the following reports to:

                             The Department of Public Works
                             Bureau of Environmental Services
                             Recycling Division
                             3001 Railroad Street
                             Pittsburgh, PA 15201

      A.     Daily Report

             The Contractor shall submit a daily report to the City within one (1) working day after
             deliveries are completed which shall include:

             1.       The date, time at weighing and route number for each recycling truck that
                      delivered recyclables on that specific day.

             2.      The amount of single stream tonnage delivered on that specific day.

             The contractor shall e-mail the daily report to the Assistant Director, Recycling
             Supervisor, or any other City-designated recipient at Environmental Services, and/or
             send a hard copy. The Contractor should ensure that arrangements are made to obtain
             the e-mail of the person serving in the above capacity if e-mail is used. The report shall
             be compatible with Microsoft Excel or dBase.


      B.     Monthly Report

             The Contractor shall submit a monthly report consisting of the following within ten (10)
             days of each calendar month.

             1.      The total amount in tons of Recyclables delivered to the Contractor’s processing
                     facility or other receiving site by the City and by all others in the preceding
                     calendar month.

             2.      The total of volumes in tons of each of the following materials that were
                     processed by the Contractor in the preceding calendar month: clear glass, amber
B-106-10                                                                         PAGE 11

                     glass, green glass, mixed glass, aluminum cans, steel and bi-metal cans, HDPE,
                     PET, plastics 3-7, newspaper, corrugated cardboard, mixed paper and residual
                     waste.

             3.       The total volume in tons of each of the materials in (2) that were marketed by
                      the Contractor in the preceding calendar month.

             4.      Estimates of the City’s shares of the volumes of materials identified in (2) and
                     (3).

             5.      Copies of the Market Board: Yellow Sheet for the Chicago Market and the
                     Secondary Materials Pricing for Region 2 New York (NE USA/Maritimes) as
                     published by Waste and Recycling News used to calculate the average for each
                     month of commodities INDEX prices.

      C.     An electronically submitted report in which the information contained in the weight
             slips submitted with the invoice or check for the preceding month should be recorded.
             The program used for recording of the information shall be compatible with the
             following programs: Microsoft Excel, dBase, and the Contractor shall specify the
             program used. The Contractor may substitute a different software package so long as
             the package is compatible with the City’s (IBM PC Compatible) System. The
             Contractor is still required to submit a paper copy of the report and invoice or check
             regardless of media used for backup.

5.5   PARTICIPATION IN PILOT PROGRAMS

      The Contractor recognizes the City's interest in expanding the number of items its residents
      recycle and understands that the City may participate in pilot programs to research and develop
      methods to more efficiently sort, process, recycle and market said additional materials. The
      Contractor shall cooperate with the City and with any third parties with whom the City may
      conduct such programs and shall provide such assistance and facilities as may reasonably be
      required.

5.6   COMPENSATION

             OPTION 1: FIXED PRICE The Contractor shall offer a fixed price for processing
      and marketing of Recyclables to be stated as a positive number if a payment to the city or a
      negative number if a charge to the City. such price shall be firm for the term of the contract.

      OPTION 2: ADJUSTED BASE PRICE: The Contractor shall offer a fixed BASE PRICE
      which represents the fully burdened cost of processing the City of Pittsburgh’s recyclables per
      ton over the term of contract. The BASE PRICE represents a charge to the City and shall
      remain firm for the term of the contract.
B-106-10                                                                                      PAGE 12

        COMPUTING THE ADJUSTED BASE PRICE:

                          City of Pittsburgh’s (COP) Composition Index =
                          Aluminum                                                        1.2%
                          Bi-Metal                                                        9.1%
                          Glass                                                          32.7%
                          PET                                                              4.7%
                          HDPE                                                             5.0%
                          Mixed Plastic #3-5                                               1.1%
                          OCC                                                              1.3%
                          ONP                                                            33.6 %
                          Mixed paper                                                      2.3 %
                          Residue                                                          9%

        Using the COP COMPOSITION INDEX (above), which is the historical material
        composition of an average ton of recyclables delivered by the City of Pittsburgh, a
        COMPOSITE INDEX PRICE will first be calculated for delivered recyclables on the average
        for each month of commodities INDEX prices using the following published indexes:
                1.) For ONP, OCC and Mixed Paper, - Market Board: Yellow Sheet for the Chicago
        Market;
                2.) For Glass, Aluminum, Bi-Metal, Plastics - Secondary Materials Pricing for Region 2
        New York (NE USA/Maritimes) as published by Waste and Recycling News;
                3.) Residue will have a fixed value of $0
      The Composite Index Price shall be computed as follows:

                 Composite Index Price = (Average of commodities prices each month) x Composite Index

        The ADJUSTED BASE PRICE will be the CITY’S SHARE of the net price of the
        COMPOSITE INDEX PRICE minus the BASE PRICE. The Contractor will indicate the
        CITY’S SHARE of the net price as a fixed percentage over the term of the contract on the BID
        FORM. When the net is a negative number it will result in a payment of the ADJUSTED
        BASE PRICE by City to the Contractor. When the net is a positive number it will result in a
        payment of the ADJUSTED BASE PRICE by the Contractor to the City.

        Adjusted Base Price   = (Composite Index Price- Base Price) x (City’s percentage share)

        COMPENSATION & TERMS OF CONTRACT

        The Contractor agrees by submission of a bid, to have the City’s COMPOSITION INDEX
        reviewed through an annual audit to be conducted after each year ending March 31, but priorto
        May 31 of that year. The audit may be conducted through independent contractor or by a team
        agreed upon by both the Contractor and the City. The COMPOSITE INDEX PRICE will be
        adjusted for the remainder of the contractyear to reflect the City’s revised COMPOSITION
        INDEX.

5.7     PAYMENT / INVOICING PROCEDURES

        The Contractor shall submit an invoice with payment and original certified weight slips to the
        City within ten (10) days after the end of each calendar month to:
B-106-10                                                                           PAGE 13


                              The Department of Public Works
                              Bureau of Environmental Services
                              3001Railroad Street
                              Pittsburgh, PA 15201

       Certified weight slips shall show date, vehicle's gross and tare weights punched automatically
       from the scale, truck route numbers and truck identification numbers, time of truck arrival and
       departure. The invoices shall be on Company letterhead showing the amount of Recyclables
       delivered by the City and the amount of payment due. The invoice shall also contain an
       itemized listing per vehicle per delivery of the items of information contained on each weight
       slip and a final tabulation for all deliveries of each information category. If the Contractor is
       required to make payment to the City in any calendar month, the Contractor's payment shall be
       submitted with the invoice and certified weight slips for that month.

       Failure of the Contractor to make payments, if applicable, within the prescribed time period
       shall constitute a substantial breach of the contract, permitting the City to suspend deliveries
       until such breach is cured, and/or to declare the Contractor in default and proceed in accordance
       with Section VI of these bid specifications.

5.8    PRIORITIZING

       The Contractor shall give the City priority consideration in weighing and off-loading
       operations. The maximum total waiting/tipping time from arrival at the Contractor's processing
       facility or receiving site, to departure from said facility or receiving site, shall not exceed one-
       half hour per truck. The information called for in Section 5.2 shall be recorded on a weight slip.
       A copy of the completed weight slip shall be presented to the truck driver delivering said load
       at the time of departure from the Contractor's processing facility or other receiving site.

5.9    SAFETY AND EFFICIENCY

       The Contractor shall make every effort to maximize safety and minimize driver loss of time.
       All roads into and out of the site shall be maintained in good condition and remain passable
       without incurring vehicle damage. The roadways and dumping areas shall be kept free of
       debris that could potentially damage tires. All roads into and out of the site(s) shall, at
       minimum, be paved with slag and maintained to expedite the entering and exiting of City refuse
       trucks. The road shall be of adequate width so that two refuse trucks can safely pass without
       stopping.

       City drivers may not be unreasonably detained at the site. The Contractor shall do everything
       within his power to minimize the time spent by City vehicles at the site. No vehicles arriving at
       the site after City trucks shall be allowed to dump prior to City trucks. The site shall be
       designed to accommodate a minimum of ten (10) City trucks per 2-hour period.

5.10   DRIVER ACCOMMODATIONS
B-106-10                                                                          PAGE 14

       The site shall have a parking area of sufficient size to accommodate a minimum of fifteen (15)
       trucks. An area shall be provided for minimum maintenance requirements of vehicles while at
       the facility.
       Sanitary facilities shall be provided and maintained for the use of the City's collection
       personnel. The waste shall be disposed of properly.

       The Contractor shall also provide a drinking fountain that shall be in service on a year-round
       basis, and shall supply potable water for such fountain. A telephone shall also be provided for
       City personnel, contractors and agents, to be used for City business at no cost to the City or to
       said personnel, contractors and agents.

5.11   ANTI-DISCRIMINATION

       The Contractor shall conform with all applicable discrimination provisions of the Pittsburgh
       Code, specifically, those appearing in Title Six, "Conduct", Article V, "Discrimination", and
       any amendments thereto , and shall incorporate in any subcontract which may be permitted
       under the terms of this Contract a requirement that said subcontractors also comply with said
       provisions.

5.12   SANITATION REQUIREMENTS

       Design, construction and operation of the processing facility or other receiving site shall meet
       Local, County and State fire, safety and health requirements, and shall be acceptable to the
       City. The design shall ensure ease of cleaning, the elimination of spillage and provisions for
       suitable control of vermin, insects, rodents, birds, etc.

5.13   PERMITS
       The Contractor shall have and maintain, at its own expense, all licenses, registrations, permits
       and authorizations necessary for the receiving, purchasing and processing of Recyclables. The
       Contractor shall perform all of its obligations hereunder in accordance with any and all
       requirements, including amendments, thereto, of the constituted public authorities and with all
       Federal, State, City and Local laws and ordinances and the applicable rules, regulations,
       methods and procedures of all governmental boards, bureaus, offices, commissions and other
       agencies now or hereafter in effect.

5.14   TAXES

       The contractor shall pay any and all Federal, State, City and Local taxes, fines penalties and
       assessments, including all fees and charges related to the Municipal Waste Planning, Recycling
       and Waste Reduction Act, 53 P.S. 4000.101 et seq. ("Act 101"), arising from the operation of
       the Contractor's business pursuant to the Contract.

5.15   LAWS

       The Contract shall be governed by and interpreted in accordance with the Pittsburgh Home
       Rule Charter and the laws of the Commonwealth of Pennsylvania.
B-106-10                                                                           PAGE 15

       If any provision of the Contract is found to be illegal or unenforceable, then, notwithstanding
       such provision, the contract shall remain in full force and effect, and such offensive provision
       shall be deemed stricken.

5.16   INSURANCE

       The Contractor, at its own cost and expense, shall obtain and maintain in full force and effect,
       insurance coverage which will satisfactorily insure the Contractor and the City against any and
       all claims and liabilities which could arise out of the Contract including, but not limited to,
       claims and liabilities for injury (including death) or damage to persons and property which
       could arise because of the Contractor's receiving, purchasing, processing, use and/or marketing
       of Recyclables, and such other insurance as is necessary to insure any other obligation incurred
       by the Contractor herein. The insurance coverage required herein must be in the minimum
       amounts set forth below:

       A.     A comprehensive General Liability Insurance Policy (including Completed Operations
              and Contractual Liability Coverage). Said policy of insurance shall be on an
              "occurrence" basis, not a "claims made" basis. Shall have minimum limits of
              $1,000,000.00 per occurrence, combined single limit for bodily injury (including death)
              and property damage, with a contractual liability endorsement, and shall name the City
              as an additional insured.

       B.     A Worker's Compensation and Employer's Liability Insurance Policy with a Statutory
              Limit of Coverage.

       C.     An Automobile Liability Insurance Policy covering owned, non-owned and hired
              vehicles. Said policy of insurance shall have minimum limits of $500,000.00 per
              person, $1,000,000.00 per occurrence bodily injury (including death), and $500,000.00
              per occurrence property damage and shall name the City as an additional insured.

       All Contractor's insurance policies shall be on an "occurrence basis, not a "claims made" basis
       and shall provide that the City be given at least sixty (60) days written notice prior to any
       change or cancellation of such policies.

       Where policies are written for a period less than the term of the Contract, the Contractor shall
       submit, at least thirty (30) days prior to expiration of the policy, renewal insurance certificates
       and such other evidence as the City may require to verify the renewal of the required coverage.

5.17   RECORDS

       The Contractor shall keep full and complete books of account and other records relating to this
       contractor and in so doing shall comply with the minimum procedural requirements prescribed
       by the City. In order to verify the Contractor's compliance with the terms and conditions of the
       Contract, the City, through its duly authorized representatives, shall have access to the books
       and records maintained by the Contractor with respect to any services provided to the City
       pursuant to the Contract at all reasonable times and for all reasonable purposes, including, but
       not limited to, inspecting and copying any books, records, memorandum checks,
       correspondence or other relevant documents.
B-106-10                                                                            PAGE 16

5.18    INDEMNITY

        The Contractor shall indemnify, defend and save harmless, the City, its agents, officials and
        employees, against all injuries, deaths, losses, damages, claims, suits, patent claims and suits,
        liabilities, judgments, costs and expenses that may, in any way accrue against the City as a
        result of the Contractor's receiving, purchasing, processing, use and/or marketing of
        Recyclables, or in consequence of the granting of the contract or which may in any way result
        therefrom, whether or not it shall be alleged or determined that the act was caused through
        negligence or omission of the Contractor or its employees, or of the subcontractor, or its
        employees, if any, or the City, or its employees, and the Contractor shall, at its own expense,
        appear, defend and pay all charges of attorneys and all costs and other expenses arising
        therefrom or incurred in connection therewith, and if any judgment shall be rendered against
        the City in any such action, the Contractor shall, at its own expense, satisfy and discharge the
        same. The Contractor expressly understands and agrees that any performance bond or
        insurance protection required by the contract, or otherwise provided by the Contractor, shall in
        no way limit the responsibility to indemnify, defend, and save harmless and defend the City as
        herein provided.


6.0     INDEPENDENT CONTRACTORS

        The Contract does not make the Contractor (or any of the Contractor's officers, agents,
        employees or subcontractors) an employee, agent or legal representative of the City for any
        purpose whatsoever. The Contractor acts as an independent contractor and is not granted any
        right or authority to assume or create any obligation, duty or responsibility, expressed or
        implied, on behalf of, or in the name of the City, or to bind the City in any manner or thing
        whatsoever.


7.0     NOTICES

        Notices provided for herein shall be sufficient if sent by certified mail, postage prepaid, to the
        Contractor at the address listed on the BID FORM submitted by the Contractor and for the
        City, addressed to Director of the Department of Finance, 526 City-County Building,
        Pittsburgh, PA 15219, or to such other respective addresses as the parties may, from time to
        time, designate to each other in writing.


8.0    AMENDMENT

        The Contract contains all the terms and conditions agreed upon by the parties hereto, and no
        other agreement, oral or otherwise, regarding the subject matter of the Contract, shall be
        deemed to exist or to bind any of the parties hereto. The Contract may not be changed
        modified, discharged or extended except by written amendment, duly executed by the parties.
B-106-10                                                                 PAGE 17

                     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 AND
   ITS AUTHORITIES, THE CITY OF PITTSBURGH SCHOOL BOARD, AND ALLEGHENY
   COUNTY AND ITS AUTHORITIES AT THE PRICES QUOTED IN THIS PROPOSAL.

3. LIST PRICES FOR COMMODITIES SOLD TO THE CITY IN AN ELECTRONIC
   DATABASE OR DISK OR CD-ROM.

             __________YES              ___________NO

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

      FAX (412) 255-2367                E-MAIL: william.clark@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-106-10                                                                              PAGE 18


                                    PERFORMANCE OF SERVICE

                           It is the intent of this contract to provide the service
                           as described herein when needed by the departments.
                           All services must be performed/completed within the
                           time frame below. Penalties will apply for late
                           performance of services.

                           Maximum days lead-time (days from placement of
                           order by the City to service by the vendor) * days.
                           *SEE SECTION 5

                           Service date/time will be set by the City at the time
                           of order using above lead-time as a basis. Service
                           must be performed no more than * hours prior to
                           requested date and no later than * days following
                           requested date.

                           Penalty for late performance of service is *10% OF
                           VALUE OF SERVICE NOT COMPLETED.

                           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.

                           *SEE BID SPECIFICATIONS #5


<> The maximum days for placement of order by the City to PERFORMANCE OF SERVICE by the
  vendor is * days. *SEE BID SPECIFICATIONS #5.

<> 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.
                            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
and

THE DIRECTOR OF THE DEPARTMENT OF
                                                                          of said City, having been
duly authorized thereto by Ordinance of Council of said City
(hereafter “City”)

AND




_

incorporated in the Commonwealth/State of __________________
(“Contractor”),

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                                        REVISED 1/29/10
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 or the Department of Engineering &
Construction, as the case may be, 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;
        K.      Y2K COMPLIANCE FORM.

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                                       REVISED 1/29/10
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-sided sheets.

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

12.    EXECUTION OF BIDS - Bids are to be executed, by the following persons:

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

               Secretary, Treasurer, Assistant Secretary or Assistant Treasurer.

               If a bid is executed by any other person, a power of attorney, a copy of the bylaws, or
               a resolution of the Board of Directors documenting the authority of that person to
               sign the bid must be accompanied by the bid. The power of attorney, bylaw, or
               resolution must be certified by the Corporate Secretary as a true and correct copy,
               still in force as of the date of the execution of the contract.
       II.     PARTNERSHIP - At least one (1) of the partners.

       III.    SOLE PROPRIETORSHIP - The individual owner.

       IV.     BUSINESS OPERATING UNDER A FICTITIOUS NAME - Entities operating a
               business under a Fictitious Name must execute the contract in the name of the entity
               trading and doing business as the Fictitious Name.



                                           3                                       REVISED 1/29/10
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 -

        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.




                                           4                                       REVISED 1/29/10
        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
                      5th Floor, 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
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

                                           5                                       REVISED 1/29/10
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 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 that
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) subcontract(s), in turn, employ
(a) subcontractor(s), they shall be bound by the same rules as a general contractor.

23.     MERCANTILE TAX RETURN - For successful Contractors selling goods, wares or
merchandise under the terms of this contract, whose place of business is located inside the City:
receipts generated by this contract should be included as part of gross income and reported on the
Mercantile tax return.

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

25.     PAYMENT DISCOUNTS - In determining the low bid, the City will not consider payment
discounts quoted by the prospective contractors. However, the City will apply payment discounts
offered by the successful bidder in the proposal to payments made in relation to the contract when
appropriate. The terms of payment discounts offered by the successful contractor must be clearly
stated on each invoice submitted to the City in regard to this contract.


                                           6                                        REVISED 1/29/10
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.

       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.




                                           7                                      REVISED 1/29/10
28.     MBE/WBE REPORT - By entering into a contract with the City, the prospective Contractor
shall be required to submit a final report, within thirty (30) days of the City's request, detailing the
actual levels of MBE and WBE participation in the contract. Any disparity between actual
participation levels and the participation levels projected in the MBE/WBE Solicitation and
Commitment Statement will be explained in the final report. Failure to make a good faith effort to
meet the goals stated in the MBE/WBE Solicitation and Commitment Statement may be considered a
material breach of the contract resulting in debarment from participation in future City contracts.
        Please note that final payment under the contract can be withheld for failure to submit a
MBE/WBE report.

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

30.      CONTRACT NOT TO BE AWARDED TO PERSONS IN ARREARS TO CITY - No
contract will be awarded to any corporation, firm or individual who is, for any reason, in arrears to
the City or who has failed, in any former contract with the City, to perform work satisfactorily, either
as to the character of the work or the time consumed in its completion.

31.     CONTRACTOR TO BE QUALIFIED AND RESPONSIBLE - Before the Contract is
awarded, prospective Contractors must satisfy the City that they have the requisite organization,
capital, plant, ability and experience to satisfactorily perform the work under this contract in
accordance with the terms and conditions of the contract and in conformity with the best modern
practices and industry standards.

32.     COLLUSION BETWEEN BIDDERS - If the City forms a reasonable belief that a
prospective Contractor is interested in more than one proposal for the same item, that is sufficient
cause for rejection of all proposals in which collusion between bidders is suspected.


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.



                                           8                                       REVISED 1/29/10
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.

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


                                           9                                       REVISED 1/29/10
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
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

                                           10                                      REVISED 1/29/10
virtue of this agreement. In case such expense shall exceed the sum which would have been payable
under this contract, if Contractor had satisfactorily completed the work, the Contractor, their
executors, administrators, or assigns shall pay the amount of such excess to the City, on notice of
Director of the excess due.

47.     FAILURE TO PERFORM CONTRACT - If the contractor fails to perform any of the
elements of the contract, the City shall have the right to purchase such materials or supplies from
other sources, and to charge to the contractor or the contractor’s sureties any and all expenses arising
from the necessity of purchasing materials or supplies, including any excess in price over the prices
fixed in the contract. Contractors must remove rejected deliveries within the time specified on a
written notification of rejection from the Director of the Department of Finance and/or the Controller.
Rejected material left longer than 30 days will be deemed abandoned and the City shall have the
right to dispose of such rejected materials as it alone deems appropriate. For perishable foodstuffs,
no written notice of rejection will be given; it will be incumbent on the contractor immediately to
remove or replace rejected merchandise on verbal notice from the City.

48.     CONTRACTOR TO SUSTAIN ALL LOSSES - It is agreed that all loss or damage arising
out of the nature of the work to be performed under this contract, or any damages to the work itself,
for any unforeseen obstruction or difficulties which may be encountered in the performance of the
work or from the action of the elements, or from any cause whatsoever, shall be sustained and paid
for by the Contractor until the same shall have been finally accepted and final payment made.

49.     CONTRACTOR RESPONSIBLE UNTIL WORK IS COMPLETED - The Contractor
further agrees to assume charge of and be responsible for the entire work until completed and
accepted by final payment; and that s/he will personally supervise the faithful performance of the
work, and that s/he will keep it under Contractor’s exclusive control. In case of absence, the
Contractor will designate a competent representative to continue such supervision of the work
uninterrupted, and such representative shall receive orders and instruction as appropriate from the
Director, and enjoy full authority to execute any such Director’s orders and to supply materials, tools
and labor without delay.

50.     COMPENSATION - Contractor hereby further agrees that his/her full compensation for
furnishing all the required materials, labor, tools, equipment, etc., for the proper execution and
completion of the whole of the work, and/or service to be performed under this agreement, will be
the amount(s), as set forth in this agreement.

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

                                          11                                      REVISED 1/29/10
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, judgements liabilities, and damages of every kind and nature
whatsoever, including court costs and attorney’s fees arising by reason of: the performance by
CONTRACTOR of any services under this Agreement; any act, error or omission of
CONTRACTOR or of an agent, employee or licensee of CONTRACTOR or subcontractor of
CONTRACTOR; and any breach by CONTRACTOR of any of the terms conditions or provisions
of this Agreement.

54.     MONITORING AND EVALUATION - All services provided under this agreement shall
be subject to monitoring and evaluation by City or its authorized representatives. Contractor shall
supply City with written reports on program activity, in a form approved by City, as City may, from
time to time, require. Contractor shall provide City with such additional information and data as may
be periodically required by federal or state authorities, or by City itself. Authorized representatives
of City shall have access to the books and records maintained by Contractor with respect to any
services or materials provided to City pursuant to this Agreement at all reasonable times and for all
reasonable purposes, including, but not limited to, inspecting and copying any books, records,
computer disks, memoranda, checks, correspondence or other relevant documents. All such
aforementioned records shall be preserved by Contractor for a period of three (3) years after the
termination of this Agreement.

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

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

57.     ASSIGNMENT; SUBCONTRACTING - Contractor shall not assign this contract or any
right to monies to be paid hereunder without the written consent of City. None of the services
covered by this contract shall be subcontracted without the prior written approval of City. It is
further agreed that no subcontract, if consented to, shall under any circumstances relieve the
Contractor of any liabilities and obligations under this Contract, and should any subcontractor fail to


                                           12                                       REVISED 1/29/10
perform the work undertaken in a satisfactory manner, such subcontract must be terminated
immediately and ended by the Contractor upon notice of the Director so to do.

58.     HOME RULE CHARTER: LIABILITY OF CITY - This contract is subject to the
provisions of the Pittsburgh Home Rule Charter; and the liability of CITY thereunder is limited to
amounts authorized by Resolutions of Pittsburgh City Council.

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 as required by 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 were made under sweatshop conditions, upon request of the City, Contractor shall
disclose information, data and materials reflecting Contractor’s practices as they pertain to the
procurement and manufacturing of goods/products in compliance with the Anti-sweatshop provision
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 thereunder in accordance with the terms of the said Acts, as evidenced by the certificate of
insurance it has caused to be attached hereto, or will file with the DIRECTOR OF THE
DEPARTMENT OF FINANCE, before the execution of this contract, a certificate of exemption form
for insurance from the Bureau of Workmen’s Compensation of the Department of Labor and
Industry.

62.    COMPLIANCE WITH LAWS - Contractor shall fully obey and comply with all laws,
ordinances, resolutions, and administrative regulations, which are or should be applicable to any
work performed under this contract.

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




                                          13                                      REVISED 1/29/10
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                                      REVISED 1/29/10
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-106-10



 ______________________________             ____________________________________
 PROCUREMENT SERVICES                       DIRECTOR, 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                                 REVISED 1/29/10
                      CITY OF PITTSBURGH
        BUREAU OF PROCUREMENT, FLEET AND ASSET SERVICES

                        VENDOR QUESTIONNAIRE

                        PROPOSAL # B-106-10

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.                        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 SUFFICIENT
     AND EMPLOYMENT OPPORTUNITIES AT                    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
                                                                     CHECK       WORK
 NAME                    ADDRESS        PHONE       FAX NO.                      PERFORMED______________________________________
                                                                     MM
                                                                     MF          EST. PAYMENT ___________________________________
                                                                     NMF
                                                                                 PAYMENT % OF CONTRACT________________________

                                                                                 DATE STARTED__________________________________

                                                                     CHECK       WORK
 NAME                   ADDRESS         PHONE       FAX NO.                      PERFORMED_______________________________________
                                                                     MM
                                                                     MF          EST. PAYMENT_____________________________________
                                                                     NMF
                                                                                 PAYMENT % OF CONTRACT_________________________

                                                                                 DATE STARTED____________________________________


 NAME                   ADDRESS        PHONE        FAX NO.          CHECK       WORK
                                                                                 PERFORMED______________________________________
                                                                     MM
                                                                     MF          EST. PAYMENT____________________________________
                                                                     NMF
                                                                                 PAYMENT % OF CONTRACT________________________

                                                                                 DATE STARTED___________________________________



NAME                  ADDRESS          PHONE       FAX NO .         CHECK        WORK
                                                                                 PERFORMED______________________________________
                                                                    MM
                                                                    MF           EST. PAYMENT___________________________________
                                                                    NMF
                                                                                 PAYEMENT % OF CONTRACT ______________________

                                                                                 DATE STARTED__________________________________



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




     Additional pages may be attached to complete the information herein requested.

								
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