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Formal Letter to Decline Bid Invitation document sample
Formal Letter to Decline Bid Invitation document sample
PLEASE CLIP OUT THIS PORTION, ATTACH YOUR RETURN ADDRESS MAILING LABEL AT TOP, AND THEN AFFIX THIS TO YOUR MAILING ENVELOPE AS AN ADDRESS LABEL – THANK YOU. 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: email@example.com 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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