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            Name and Address of Bidder:




                                   DISPOSAL OF MUNICIPAL SOLID
             Bid for                         WASTE

                                                                            (B-097-10)



            Dept. of                                                        FINANCE
            Opening Date                                               NOVEMBER 6                                                          , 20 09

            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-097-10

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

In order for your submission to be considered eligible, you must complete the following:
1. The proposal must be properly completed (in ink or typewriter);
2. Be signed by an authorized contracting agent of your company;
3. Be filed with the "City of Pittsburgh, Controller's Office, First Floor, City-County
    Building, 414 Grant Street, Pittsburgh, PA 15219", at the time indicated on the
    Proposal Cover Sheet; Contain certain required paperwork. We have enclosed the
    following checklist to assist you in your submission. Any forms that have been check-
    marked 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
             Bid Bond (When required, bid bond for amount indicated on Proposal Cover must be
     X
             submitted with bid proposal. See paragraph 13, Articles of Agreement)
     X       Proposal Cover

     X       Technical Specifications
             ARTICLES OF AGREEMENT (SIGNATURE SHEET MUST BE SIGNED AND
     X
             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

                                  Article I.
             Prevailing Wage Rate Schedule

                                  Article II.
             Bid and General Contract Conditions X

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 surety 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-097-10                       Opening Date     November 6           ,2009

              See Pages #18 & 19, Bid and                           See Pages #18 & 19, Bid and
   Bid Bond: Performance Bond Specifications      Performance Bond: Performance Bond Specifications


                                               NOTICE
   THIS INQUIRY MUST BE DELIVERED TO THE CITY CONTROLLER’S OFFICE BY 10:00
   A.M. PREVAILING TIME ON THE OPENING DATE LISTED ABOVE, TO BE READ AT
   11:00 A.M. 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.                  , Series               , approved                                .


                    DISPOSAL OF MUNICIPAL SOLID WASTE
      FROM MARCH 1, 2010 THROUGH FEBRUARY 28 OR 29, (DEPENDING ON THE
             OCCURRENCE OF LEAP YEAR) 2011, 2012, AND/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 Firm:                                     E-mail address
 Address:                                          Phone:
                                                   Fax:
                                                   Print name of Signatory Authorizing
                                                   Contract:


WC/df (10/08/09)
 B-097-10        DISPOSAL OF MUNICIPAL SOLID WASTE   PAGE 3



(REQUEST FOR PROPOSAL B-097-10: DISPOSAL OF MUNICIPAL SOLID
WASTE)



A PRE-BID MEETING FOR ALL INTERESTED BIDDERS WILL BE HELD ON
OCTOBER 20, 2009 AT 10:00 A.M. IN THE DEPARTMENT OF FINANCE
LOCATED AT 414 GRANT STREET, ROOM 502 CITY-COUNTY BUILDING,
PITTSBURGH, PA 15219. ALL QUESTIONS CONCERNING THE ABOVE
MENTIONED PROPOSAL MAY BE ADDRESSED AT THAT TIME.

THIS IS NOT A MANDATORY MEETING; HOWEVER, VENDORS THAT DO
NOT ATTEND WILL BE BIDDING AT THEIR OWN RISK.

PLEASE READ AND BE FAMILIAR WITH THE DOCUMENT PRIOR TO
ATTENDING THIS MEETING

 (PLEASE USE THE ROSS STREET ELEVATOR TO GET TO ROOM 502,
 BUREAU OF PROCUREMENT, FLEET AND ASSET SERVICES)
B-097-10               DISPOSAL OF MUNICIPAL SOLID WASTE                        PAGE 4


Article 1.    INSTRUCTIONS TO BIDDERS
GENERAL

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

OBTAINING COPIES OF BIDDING DOCUMENTS

Copies of the Contract and the Bidding Documents contained in the Contract may be obtained
from:

       The City of Pittsburgh                       City of Pittsburgh
       Department of Finance                        Website address at:
       Bureau of Procurement,         OR
       Fleet & Asset Services                        www.city.pittsburgh.pa.us
       Room 502, City County Building                click on – Bid and Contracts
       414 Grant Street
       Pittsburgh, PA 15219

BID DUE DATE AND TIME

Sealed bids will be received by Purchaser until 10:00 a.m. Prevailing Time on November 6,
2009, at:

              The City of Pittsburgh
              Controller’s Office
              First Floor, City County Building
              414 Grant Street
              Pittsburgh, PA 15219

SUBMITTAL PROCEDURE

Proposals must be sealed and received by no later than the time and date shown in BID DUE
DATE AND TIME above. Proposals should be clearly labeled: B-097-10: DISPOSAL OF
MUNICIPAL SOLID WASTE. DELIVER TO ADDRESSEE UNOPENED.”

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. Purchaser 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 Bidder.
B-097-10               DISPOSAL OF MUNICIPAL SOLID WASTE                         PAGE 5

NUMBER OF COPIES

Each Bidder must submit ONE ORIGINAL, designated as “Original” and one (1) additional
copy of their proposal, each separately bound to the address above.

QUESTIONS ABOUT THE INTERPRETATION OR CORRECTION OF BIDDING
    DOCUMENTS

Bidders shall promptly notify the Purchaser of any ambiguity, inconsistency or error which they
may discover upon examination of the Bid Specifications and Bidding Documents, including all
Addenda. Bidders requiring clarification or interpretation of the Bidding Documents shall make
a written request to Purchaser’s Contact at the address shown below. Written requests sent by
facsimile will be accepted. No clarification or interpretation of the Bidding Documents shall, in
any circumstance, be made to a Bidder orally.

Copies of such responses will be sent to all prospective Bidders. All clarification requests must
identify prospective bidder company name and contact person.

Any clarification, interpretation, correction or change of the Bidding Documents will be made
only by Addenda.

PURCHASER’S CONTACT

The official contact for the Purchaser (“Purchaser’s Contact”) is:

               Mr. William Clark, 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) 255-2482
               Facsimile:      (412) 255-2367

COST OF PROPOSAL PREPARATION

Purchaser 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.

PROPOSALS ARE THE PROPERTY OF THE PURCHASER

All proposals submitted shall become the property of the Purchaser.

PROPOSAL SUPPORT DOCUMENTATION

Bidders must complete applicable portions of the Bidding Documents including the Bid Forms,
and Bidders are cautioned that accurate and complete responses to all applicable questions are
mandatory. Proposals that do not include a complete set of responses may be considered non-
B-097-10                DISPOSAL OF MUNICIPAL SOLID WASTE                          PAGE 6

responsive and may be disqualified. Additional supporting documentation regarding the
Bidder’s proposal may be provided in the amount and format deemed appropriate by the Bidder,
but should be submitted separately and clearly labeled “Support Documentation.”

PUBLIC OPENING OF BIDS AND EVALUATION OF PRICING

All bids received by the designated time will be opened. After the public opening, Purchaser
will rank bids based on the pricing proposed. The Bidder(s) with the lowest total confirmed
prices will be ranked first.

Once a ranking of effective pricing has been prepared, the Bidder(s) with the lowest total
confirmed price will be identified. Purchaser will then evaluate bids in order to verify Bidder’s
ability to perform to the proposed contract terms.

Only bids received by the bid due date and time will be evaluated.

VERIFICATION OF BIDS

Purchaser may request additional information from a Bidder in order to assist in the evaluation
and qualification of proposals.

The Purchaser reserves the right to reject any bid that fails to meet or agree to the proposed terms
and conditions contained in this Bid Specification.

METHOD OF AWARD

The Purchaser will award the Contract(s) to the qualified Bidder(s) whose Price when used to
calculate the cost of disposal from each City Division, or any combination of City Divisions,
together with transportation mileage cost adjustments, results in the lowest total cost per ton to
the Purchaser.

BACKGROUND INFORMATION

Background information contained in this Bid Specification is provided for reference only.
Purchaser makes no representation that the information is complete or applicable to any specific
Bidder’s proposal. Actual quantities may vary from the estimated or historic usage’s described
throughout this Bid Specification. However, Bidders will be required to provide the full
requirements for disposal of the Purchaser’s municipal solid waste for each zone at all times.

PROPOSAL VALIDITY

All bids must be valid for a minimum period of sixty (60) days from the Bid Due Date and, once
opened by the Purchaser, may not be withdrawn by a Bidder.
B-097-10               DISPOSAL OF MUNICIPAL SOLID WASTE                         PAGE 7

(A) SPECIAL SPECIFICATIONS FOR DISPOSAL OF MUNICIPAL SOLID WASTE

GENERAL INFORMATION

The City of Pittsburgh ("City") invites bids from qualified contractors to provide all facilities,
equipment, labor and services, required to receive and dispose of Municipal Waste at the
successful contractor's site/s by the City and/or its contractors. Such waste may consist of that
which is generated at residences, or other additional collections points, not for profit locations
and municipal operations. The City of Pittsburgh implemented a mandatory curbside recycling
program in the fall of 1990, which has resulted in the diversion of material from the municipal
waste stream. Additionally the City no longer collects any refrigerant containing appliances.

The City will be responsible for the collection of the waste with its own workforce or that of its
contractors. The waste may be delivered in a variety of vehicles; rear loaders, top loaders etc.
The City makes no projections or guarantees with regard to the total volume of Municipal Waste
that will be available for disposal under this contract; however, the City's past history is as
follows:

       TONNAGE BY DIVISION ANNUALLY

DIVISION                  2006              2007              2008
Northern/Southern        54,500            52,500            50,500
Eastern/Central          54,500            55,500            55,500
___________________________________________________________________
ANNUAL TOTALS           109,000           108,000           106,000


BID ALTERNATIVES

The initial starting date for each alternative is March 1, 2010. The ending date for each
respective year bid is February 28 or 29, depending on the occurrence of Leap Year. The City is
seeking two alternative bids as follows:


BID ALTERNATIVE 1:            Price per ton for all waste, use of one landfill, for years ending
                              February 2011, February 2012, and February 2013;

BID ALTERNATIVES 2: Price per ton for all waste per division, use of same or different
                     landfills for each division, Bidder may bid on any one or both
                     divisions for years ending February 2011, February 2012, and
                     February 2013.

                 Attachment A depicts a map of the City of Pittsburgh’s Geographic
                           Divisions for Municipal Waste Collection.
B-097-10                DISPOSAL OF MUNICIPAL SOLID WASTE                          PAGE 8

       A)     SPECIFIC INSTRUCTIONS

Attached hereto are BID FORMS consisting of six (6) pages. The BID FORMS must be
completed in full by the bidder for any or all alternatives being bid.

The bidder shall state a bid in prices per ton in conformance with the BID FORM(S), although
failure to bid all alternatives will not be cause for rejection of the bid. The City, at its choice,
may execute a single agreement that covers the purchase of landfill services for all municipal
waste generated by the City; or may execute individual agreements that cover the purchase of
landfill services for each division; or may execute a combination of joint and individual
agreements. The City may also choose not to enter into a contract at all.

Award under any alternative bid shall be made by the City to the bidder(s) charging the lowest
price based upon the following formula:

For Bid Alternatives Nos. 1 & 2.

Evaluated price        [(Bid price per ton) x (estimated quantity of tons per year)] + [(Distance of
                       site from listed starting point in each Bid Alternative) x (estimated
                       transportation cost to City per mile) x (estimated number of routes per day
                       {36}) x (1.5trips) x (total work days in year {261})]

The following are the tons per day per division to be used in the evaluated price formula stated
above:

DIVISION_                     Tons per Day             Routes per Day
Northern/Southern                 200                       18
Eastern/Central                   212                       18
____________________________________________________________________
Total all Divisions Combined      412                       36

The bidder shall also state the distance in miles and a company tested driving time between the
site(s), (i.e. transfer facility or disposal site) at which the City will deliver its
Municipal Waste to the bidder, and the specific starting point listed for each Bid Alternative.
The City of Pittsburgh’s Office of Management and Budget, Department of Public Works, and
Department of Finance will verify and correct, if necessary, the actual distance. The City’s
distance figures shall prevail and be used in final bid calculations. The miles shall equal the
actual road miles between the facilities measured from a route which the bidder shall plot on a
map that shall also be submitted with the bidder's bid. A detailed route description including
street names, direction (i.e. north, south, left, right, etc.) and distances between changes in
directions for each starting point must be submitted with the bid. The City reserves the right to
select the most appropriate route for travel. A cost of $4.74 per mile shall be used in the
calculation of evaluated price formula stated in this proposal. The route shall not include streets
that by law are not open to truck traffic.
B-097-10                DISPOSAL OF MUNICIPAL SOLID WASTE                          PAGE 9

DIVISION                              Specific Starting Point

Northern/Southern             Intersection of Route 51 and Liberty Tunnels
Eastern/Central               Intersection of Wilkins Avenue and Shady Avenue
City-wide                     Eazor Building, 30th Street and A.V.R.R.

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 in the Bid Form(s) for each of the two prescribed bid
alternatives. Any other alternative bids, regardless of dollar value, will be disqualified from the
bidding process.

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

TERM

Except as otherwise provided in these bid specifications, the City shall have the right to deliver
Municipal Waste to the Contractor within five (5) days after the award and terminating February
28 or 29, (depending on the occurrence of Leap Year) of the final year of the term of the
Alternative Bid that the City awards (the "Term"). Contractor must be able to demonstrate that it
is fully operational prior to AWARD. The City shall have the right, at its sole option, to
terminate the contract upon Ninety (90) days written notice.

DEFAULT

If 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 if proceedings for
arrangement, reorganization, or composition of creditors under any laws be instituted by or
against Contractor, or if 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 Contractor in default.

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 Contractor all of which are reserved to the City, terminate the contract and solicit bids (if
circumstances will allow) and award a new contract, in which case the Contractor shall be liable
to the City for all loss (including loss of revenue), cost expense, or damage suffered or incurred
by the City by reason of the Contractor's default.

Termination of the contract shall not affect Contractor's obligation to pay the City in full for all
amounts Contractor may be liable for hereunder.
B-097-10               DISPOSAL OF MUNICIPAL SOLID WASTE                          PAGE 10

DISPUTES

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

FORCE MAJEURE

The term force majeure as employed in the Contract shall mean: Acts of God; strikes; lockouts
or other industrial disturbances; acts of public enemy, wars, blockades, insurrections, civil
disturbances, and riots, and epidemics; landslides, lightning, earthquakes, fires, storms, flood,
and washouts.

In the event that either of the parties shall be prevented or delayed from performing any
obligation under the contract by reason of the above occurrences, such party shall not be liable in
carrying out the contract in the ordinary course of business.

Neither party shall be entitled to the benefit of the provisions of this paragraph under any or all
of the following circumstances:

Unless as soon as possible after the happening of the occurrence relied upon or as soon as
possible after determining that the occurrence was in the nature of force majeure and would
affect the claiming party’s ability to observe or perform any of its covenants or obligations under
the Contract, the party claiming suspension shall have given to the other party notice, in writing,
to the effect that such party is unable by reason of force majeure (the nature whereof shall be
therein specified) to perform the particular covenants or obligations. The party claiming
suspension shall likewise give notice as soon as possible after the force majeure condition shall
have been remedied, to the effect that the same has been remedied and that such party has
resumed, or is then in a position to resume, the performance of such covenants or obligations; or
to the extent that the failure was caused by the party claiming suspension having failed to
diligently attempt to
remedy the condition and to resume the performance of such covenants or obligations with
reasonable dispatch.

Should the Purchaser be forced to purchase disposal of Municipal solid waste services from other
sources due to reasons other than the force majeure, the Seller agrees to pay the Purchaser the
difference in price, if the price is from the new source, and until the Purchaser is once again
purchasing from the Seller.

QUALIFICATION OF BIDDERS

Bidders will be required to demonstrate that they are responsible and capable of performing the
services to be performed under the contract, and that they have the necessary expertise,
equipment, site, labor and financial resources to perform the services in a proper and satisfactory
manner, in accordance with these bid specifications and the contract documents.
B-097-10               DISPOSAL OF MUNICIPAL SOLID WASTE                          PAGE 11

In particular, bidders need to demonstrate that they have the permitted capacity(s) to receive a
minimum daily volume of 750 tons per day (at one or more locations) of Municipal Waste from
the City for Alternatives 1 and 2, a permitted capacity(s) to receive a minimum daily volume of
300 tons per day of Municipal Waste from the City for EACH DIVISION bid in Alternative 2,
and are included in the Allegheny County Solid Waste Management Plan of 1990 or revisions
thereto.

Each bidder must submit with its bid a specific statement (hereinafter referred to as the
"Qualification Statement") containing the information set forth below. If the City determines in
its sole judgment, from the Qualification Statement or other relevant information, that a bidder is
not sufficiently equipped or qualified to enter into or perform the contract, such bidder will be
ineligible for contract award.

All Qualification Statements submitted by bidders in accordance with the above should
address each of the following requested items in the order as presented below:

(1) A description of past experience, particularly experience directly or indirectly related to the
    receiving and disposing of Municipal Waste;

(2) An indication of past and current contracts that would illustrate bidder's ability to perform
    and deliver the services required herein;

(3) Ownership and title or a firm lease or purchase agreement guaranteeing availability of all
    necessary property and equipment prior to the contract starting date. Such title, lease or
    purchase agreement shall cover the duration of the term of the contract;

(4) Technical qualifications, including description of transfer and disposal facilities, processing
    or use capabilities, work force, equipment and other facilities. Information should provide
    sufficient detail so that the design capacity and performance expectations of the various
    components and the overall system can be evaluated, including information pertaining to
    traffic pattern for collection vehicles
    off-loading, total time for collection vehicle to complete all functions from arrival to
    departure;

(5) Current valid permits or approvals from federal, state or local agencies required for the
    operation of the site;

(6) A geographical map which specifically identifies the location of the bidder's disposal facility
    or other receiving site;

(7) A financial profile which should include copies of financial statements for at least the last
    two years certified to be true and correct by an authorized representative of the bidder. The
    Annual Report for the Corporation/Company/Etc., for at least the last two (2) years, would
    satisfy the financial profile requirements.

(8) Management plan, including organizational format, lines of authority and communication,
    and division of responsibility.
B-097-10                DISPOSAL OF MUNICIPAL SOLID WASTE                          PAGE 12

All statements, commitments and other representations contained in the successful bidder's
Qualification Statement and any materials or information submitted in connection therewith,
shall be binding upon the successful bidder.

The Director reserves the right, in his sole discretion, to request any information
inadvertently omitted from a bidder's Qualification Statement or to request clarifications or
supplemental information relating to the information submitted. The items requested must be
received in writing by the City within 48 hours of the request.

CONTRACT SERVICES

The Contractor(s), while providing all the facilities, equipment, labor and services
necessary to receive, process, and disposal of Municipal Waste, shall be responsible for
satisfying the following requirements at all times during the Term of the contract:

(1) The Contractor shall be obligated to accept all Municipal Waste collected in the
    aforementioned collection program which the City or its contractors may deliver to the
    Contractor's transfer facility or disposal site;

(2) The Municipal Waste will be taken to the Contractor's transfer facility or disposal site in an
    "as picked up" condition to be deposited in a physical location adequate to receive such
    Municipal Waste; no processing will be done by the City. All processing and/or other
    operational costs incurred upon or after delivery of Municipal Waste to the transfer facility or
    the disposal site shall be the obligation of the Contractor. In the event of an incident
    involving the accidental delivery of hazardous waste, Environmental Services personnel will
    cooperate with the vendor in the procedure to rectify the situation.

The Municipal Waste delivered to the Contractor under this contract shall be accepted by
Contractor "as is" without warranty (express or implied) of any kind, and Contractor shall handle
the same at its own risk and shall be responsible for the proper disposal of any and all waste.

The City shall make reasonable efforts to ensure that only the Municipal. Waste as defined in
Chapter 619 of the Pittsburgh Code is brought to the Contractor's transfer facility or other
receiving site. The City will take reasonable steps to discourage the delivery of non-designated
waste and other unacceptable materials through its public
education and training campaign which shall inform residents and collection crews not to place
such materials in the waste. The Contractor shall also have the right to conduct such public
education programs as Contractor may choose, subject to the City's prior written approval
thereof.

The City shall cause its agents, including but not limited to crews collecting and delivering
Municipal Waste, to carry out the program in a responsible and efficient manner; however, no
guarantee or warranty is made as to compliance with applicable laws by persons from whom the
City collects Municipal Waste nor as to the effectiveness of the City's enforcement of said laws.
B-097-10                DISPOSAL OF MUNICIPAL SOLID WASTE                           PAGE 13

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

The Contractor shall maintain certified weight scales at the transfer facility or other disposal site,
calibrated in accordance with procedures established by the applicable State and Local
authorities, to weigh vehicles delivering Municipal Waste to said facility or site. Each loaded
vehicle shall be weighed upon entering the Contractor's transfer facility or disposal site and
weighed after tipping the Municipal Waste. All weights shall be recorded and imprinted
automatically by the scales upon weight slips. The City shall have the right to have City
representatives monitor the operation of the scales and the recording of the weight slips, and City
representatives shall have the right to inspect Contractor's facility upon reasonable notice to
determine Contractor's compliance with this contract as well as to inspect the Municipal Waste
delivered by City vehicles to evaluate the effectiveness of the City's collection methods. All
scales shall be tested for accuracy and a certificate of such testing, dated no more than twelve
(12) months prior to the bid opening date, shall be provided to the City prior to award and each
anniversary thereof.

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 transfer facility or
disposal site, to departure from said facility or disposal site, shall not exceed one-half hour per
truck. The information called for in Section 11 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 transfer facility or other disposal site. The Contractor shall
maintain daily records of the total tons delivered by the City.

Municipal Waste will be collected and hauled to Contractor's transfer facility or disposal site by
the City in accordance with existing collection policies and practices and conducted in the best
interests of the City. The transfer facility or other disposal site shall be available to receive City
collected Municipal Waste Monday through Friday from 6:00
A.M. until 5:00 P.M., and Saturdays from 6:00 A.M. until 4:00 P.M., including holidays on
which City work forces make collections. Municipal Waste shall be accepted until 4:00 P.M. on
Saturday at the City's sole option. In exercising its option to deliver Municipal Waste beyond
12:00 P.M. on Saturday, the City will notify the Contractor before 4:00 P.M. of the Thursday
preceding that Saturday when Municipal Waste will be delivered.

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 which
could potentially damage tires. The vendor will supply a spotter to assist drivers with backing up
when unloading.

All roads into and out of site(s) shall, at minimum, be paved with slag and maintained in such
condition 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.
B-097-10                DISPOSAL OF MUNICIPAL SOLID WASTE                          PAGE 14

City drivers may not be unreasonably detained at the site. The Contractor shall do everything
within its 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 the City trucks. The site shall be
designed to accommodate a minimum of twenty (20) City trucks per 2 hour period.

The site shall have a parking area of sufficient size to accommodate a minimum of twenty (20)
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
which 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.

Design, construction and operation of the transfer facility or other disposal site shall meet local,
County and State and Federal, safety and health requirements, and shall be acceptable to the
City. The property shall be maintained in a manner acceptable to the City.

The City will deliver Municipal Waste to the site identified in the Contractor’s Bid Form for
such deliveries. Nevertheless, the City may subsequently agree to deliver such waste to an
alternative site proposed by the Contractor, provided that the site satisfies all of the Standards
prescribed in this Contract and provided, further, that such deliveries as proposed by the
Contractor, will not, as determined in the City’s sole discretion, increase the City’s cost.

COMPENSATION

The Contractor(s) shall be paid a firm price, expressed in dollars per ton for Municipal Waste
received at bidder's site for the contract term, for the services provided herein. The price shall be
the price bid by the Contractor(s) for the alternative bid(s) accepted by the City, which upon
award shall be noted on the Bid Form which is attached hereto.

PAYMENT/INVOICING PROCEDURES

Contractor(s) shall submit an invoice and original certified weight slips to the City within ten
(10) days after the end of each calendar month to the City of Pittsburgh, Department of Public
Works, Room 640 City County Building, 414 Grant Street, Pittsburgh, PA 15219. 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 invoice shall be on company letterhead showing amount of Municipal Waste 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.
B-097-10                DISPOSAL OF MUNICIPAL SOLID WASTE                          PAGE 15

It is the intent of the City to pay all invoices resulting from purchases under this contract within
forty-five (45) calendar days from invoicing. The City of Pittsburgh will not accept finance
charges, even in the form of pre-set interest charges for late payments. Any inclusion of such
charges may disqualify the proposal from award consideration.

MONTHLY REPORTS

The Contractor(s) shall submit the following within fifteen (15) days after the end of each
calendar month to the City of Pittsburgh, Department of Public Works, Room 640 City County
Building, 414 Grant Street, Pittsburgh, PA

(1) A statement that includes the total volume in tons of Municipal Waste delivered to the
    Contractor's transfer facility or disposal site by the City.

(2) A CD Rom upon which the information contained in the weight slips submitted with the
    invoice for the preceding month should be recorded. 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 PC (IBM Compatible) system, and subject to approval
    by the City.

(3) The vendor will submit daily, by e-mail to Environmental Services a statement as
   described in (1) for each day of disposal.

LAWS, REGULATIONS, PERMITS AND TAXES

Contractor(s) shall have and maintain, at its own expense, all licenses, registrations, permits and
authorizations necessary for the receiving, purchasing and processing of Municipal Waste.
Contractor(s) 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.

Contractor(s) 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 out of the operation of
Contractor's business pursuant to the contract.

The contract shall be governed by and interpreted in accordance with the Pittsburgh Home Rule
Charter and the laws of the Commonwealth of Pennsylvania. Should any of these laws and/or
regulations change during the term of this contract, certain effected specifications may be
adjusted to reflect the change.

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.
B-097-10                DISPOSAL OF MUNICIPAL SOLID WASTE                          PAGE 16

INSURANCE (Supersedes paragraph 19 of the ARTICLES OF AGREEMENT )

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 this 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 and disposing of solid waste,
and such other insurance as is necessary to insure any other obligation incurred by Contractor
herein. The insurance coverage required herein must be in the minimum amounts set forth
below:

(1) 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;

(2) A Worker's Compensation and Employer's Liability Insurance Policy with a Statutory Limit
    of coverage;

(3) 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.

Contractor shall submit within fifteen (15) days after award, and for approval by the City,
certificates of insurance or such other evidence as the City may require to verify that the above
insurance is in full force and effect.

Where policies are written for a period less than the term of the contract, 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 required coverages.


INDEPENDENT CONTRACTOR

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, and Contractor acts as an independent contractor and is not granted any right or
authority to assume or create any obligation, duty or responsibility, express or implied, on behalf
of or in the name of the City or to bind the City in any manner or thing whatsoever.
B-097-10                DISPOSAL OF MUNICIPAL SOLID WASTE                          PAGE 17

RECORDS

Contractor shall keep full and complete books of account and other records relating to this
contract and in so doing shall comply with the minimum procedural requirements prescribed by
the City. In order to verify Contractor's compliance with the terms and conditions of this
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 City pursuant to
this 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. Contractor shall retain all records for a period of three (3) years after the
expiration of the Term.

INDEMNITY

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 which may in any way accrue against the City as a
result of Contractor's receiving, purchasing, processing, use, or in consequence of the granting of
this contract or which may in anyway 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 of Pittsburgh, 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. Contractor expressly understands and agrees
that any performance bond or insurance protection required by the contract, or otherwise
provided by Contractor, shall
in no way limit the responsibility to indemnify, defend, and save harmless and defend the City as
herein provided.

ASSIGNMENT

Contractor shall not sell, assign, pledge, transfer or encumber the contract, or any part thereof,
without the prior written approval of the City

NOTICES

Notices provided for herein shall be sufficient if sent by certified mail, postage prepaid, for
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, 502 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.


GOVERNING LAWS

This contract shall be governed by the laws of the United States and the Commonwealth of
Pennsylvania.
B-097-10                DISPOSAL OF MUNICIPAL SOLID WASTE                          PAGE 18

ANTI-DISCRIMINATION

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 subcontracts which may be permitted under the
terms of this Contract a requirement that said subcontractors also comply with said provisions.

AMENDMENT

This 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 this Contract, shall be deemed
to exist or to bind any of the parties hereto. This Contract may not be changed, modified,
discharged or extended except by written amendment, duly executed by the parties.

CONTRACT ASSIGNMENT

Any successor, representative or assignee which shall succeed by purchase, merger or
consolidation to the properties, substantially as an entirety, of Seller or Purchaser, as the case
may be, shall be entitled to the rights and shall be subject to the obligations of its predecessor in
title under the Contract. Otherwise, neither party shall assign the Contract or any of its rights,
duties or obligations under the Contract unless it shall have first obtained the consent in writing
of the other party to the Contract.

Seller shall not subcontract its obligations hereunder.

BID AND PERFORMANCE BOND

The initial starting date for each alternative is March 1, 2010. Bid Bond(s) will be required for all
alternatives listed below:

BID ALTERNATIVE 1:             Single price per ton for all waste,           $1,500,000.00
                               use of one landfill, for years ending
                               February 28 or 29 (depending on the
                               occurrence of Leap Year 2011,
                               2012, and 2013;

BID ALTERNATIVE 2:             Price per ton for all waste per division,       $750,000.00
                               use of same or different landfills for            per each
                               each division, Bidder may bid on any            division bid
                               one or more than one divisions, for
                               years ending February 28 or 29
                               (depending on the occurrence of Leap)


Performance Bond(s) will be required as follows:

Awarded vendor(s) will be required to supply a Performance Bond in the same amount as
stipulated for Bid Bonds based on the specific award made to the vendor(s). The Performance
B-097-10               DISPOSAL OF MUNICIPAL SOLID WASTE                        PAGE 19

Bond is to be delivered within fifteen (15) days after notification of award in a form acceptable
to the City issued by a surety company approved by the City. The Performance Bond is
automatic annually renewable. Please refer to “Articles of Agreement” section of this proposal
for further information.

A SINGLE BID AND PERFORMANCE BOND FOR THE MAXIMUM BOND AMOUNT
OF $1,500,000 MAY BE SUBMITTED TO COVER ANY/ALL BID ALTERNATIVE
SCENARIOS.

                           BIDDER’S RESPONSE DOCUMENTS

GENERAL

Bidders are required to answer all of the questions and provide all of the information requested
on the Bid Form(s).

Completed copies of Bidder’s responses and authorizations must be submitted in accordance
with the requirements contained in the INSTRUCTIONS TO BIDDERS and SPECIAL
SPECIFICATIONS FOR DISPOSAL OF MUNICIPAL SOLID WASTE sections. Bidders may
include additional supporting information that they reasonably believe may enhance the
evaluation of their qualifications and experience.

Responses must be submitted on the Bid Sheets provided as part of this Bid Specification.
Qualification Statements must be attached to the Bid Form(s). All responses must be type-written
or printed in black ink. Each sheet must bear the Bidder’s name and refer to the question being
answered.

Bidder is cautioned that failure to provide the necessary information required in the
Qualifications of Bidders Section may result in automatic disqualification of the bid.

BID FORM(S)

All of the following questions and information requirements must be completed and provided in
Bidder’s proposal. Bidder should respond on the forms provided. Qualification Statements
should be attached to the Bid Sheets.
  B-097-10               DISPOSAL OF MUNICIPAL SOLID WASTE                          PAGE 20



              BID FORM(S) FOR DISPOSAL OF MUNICIPAL SOLID WASTE
                           IN RESPONSE TO BID # B-097-10
                          FOR THE CITY OF PITTSBURGH


                                   BIDDER INFORMATION:
Complete Corporate Name of Bidder:
Principal Address of Bidder:


Telephone Number:
Facsimile Number:
Local Office Address:



Local Telephone Number:
Local Facsimile Number:
Name of Account Representative:
Bidder Form (check appropriate form and           Corporation
provide details):                                 Partnership
                                                  Sole Proprietor
                                                  Other (explain)
If Corporation, State of incorporation:
If State of incorporation is not                  yes                no (explain)
Pennsylvania, is corporation registered to
perform business in Pennsylvania?
If Partnership, state names and addresses of
principal partners.




City of Pittsburgh emergency                   Emergency contact name:
Telephone: (     )

Pager number: (     )                          Name of pager contact person:
B-097-10               DISPOSAL OF MUNICIPAL SOLID WASTE                        PAGE 21




             BID FORM(S) FOR DISPOSAL OF MUNICIPAL SOLID WASTE
                          IN RESPONSE TO BID # B-097-10
                         FOR THE CITY OF PITTSBURGH


                  Please bid on one or more of the following Bid Alternatives



                                 BID ALTERNATIVE 1:

           Price per ton for all waste, use of one landfill, for years ending February 28 or
           29, (depending on the occurrence of Leap Year) 2011, 2012, and 2013;

$_________________Price per ton through February 28, 2011
$_________________Price per ton through February 28, 2012
$_________________Price per ton through February 28, 2013

_________________ Number of miles* (to the nearest tenth) from the Eazor Building, 30th and
                  A.V.R.R. Streets, to the Bidder’s proposed location. (*Indicates mileage
                  under typical road access conditions.) Map of route from Eazor Building
                  to transfer facility or disposal site shall be attached.



Address for Delivery of City’s Municipal Waste:




Manufacturer and Model Number of Scales:
B-097-10              DISPOSAL OF MUNICIPAL SOLID WASTE                        PAGE 22




           BID FORM(S) FOR DISPOSAL OF MUNICIPAL SOLID WASTE
                        IN RESPONSE TO BID # B-097-10
                       FOR THE CITY OF PITTSBURGH

                    Please bid on one or more of the following Bid Alternatives


                                 BID ALTERNATIVE 2A:

     Price per ton for all waste per division, use of same or different landfills for each
   Division. Bidder may bid on any one or more than one division, for years ending
   February 28 or 29, (depending on the occurrence of Leap Year) 2011, 2012, and 2013

                       b) NORTHERN/SOUTHERN DIVISION

$_________________Price per ton through February 28, 2011
$_________________Price per ton through February 28, 2012
$_________________Price per ton through February 28, 2013

_________________ Number of miles* (to the nearest tenth) from the intersection of Route 51
                  and the Liberty Tunnels to the Bidder’s proposed location. (*Indicates
                  mileage under typical road access conditions.) Map of route from the
                  intersection of Route 51 and
                  the Liberty Tunnels to transfer facility or disposal site shall be attached.



Address for Delivery of City’s Municipal Waste:




Manufacturer and Model Number of Scales:
B-097-10               DISPOSAL OF MUNICIPAL SOLID WASTE                       PAGE 23




                 BID FORM(S) FOR DISPOSAL OF MUNICIPAL SOLID WASTE
                         IN RESPONSE TO BID # B-097-10
                         FOR THE CITY OF PITTSBURGH


                                  BID ALTERNATIVE 2B:

Price per ton for all waste per division, use of same or different landfills for each division,
Bidder may bid on any one or more than one Division, for years ending February 28 or 29,
(depending on the occurrence of Leap Year 2011, 2012 and 2013



                                  EASTERN/CENTRAL DIVISION

$_________________Price per ton through February 28, 2011
$_________________Price per ton through February 28, 2012
$_________________Price per ton through February 28, 2013

_________________ Number of miles* (to the nearest tenth) from the intersection of Wilkins
                  Avenue and Shady Avenue to the Bidder’s proposed location(* Indicates
                  mileage under typical road access conditions.) Map of route from Wilkins
                  Avenue and Shady Avenue to transfer facility or disposal site shall be
                  attached.




Address for Delivery of City’s Municipal Waste:




Manufacturer and Model Number of Scales:
B-097-10   DISPOSAL OF MUNICIPAL SOLID WASTE   PAGE 24
B-097-10            DISPOSAL OF MUNICIPAL SOLID WASTE                    PAGE 29



                           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 A DATABASE OR DISK
   FORMAT, 3 ½” DISK OR CD-ROM.

                                        __________YES               ___________NO

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

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

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

   POST GAZETTE       ____________     CONSTRUCTION NEWS             ____________
   PGH COURIER        ____________     PGH BUILDERS EXCHANGE         ____________
   DIRECT MAIL LETTER ____________      ACCU COPY                    ____________
   CITY WEB SITE      ____________     DODGE REPORT                  ____________
   WORD OF MOUTH (PLEASE LIST)                   _________________________________
   CITY POSTING OR OTHER AGENCIES (PLEASE LIST)  _________________________________
   OTHER PUBLICATION (PLEASE LIST)               _________________________________
B-097-10              DISPOSAL OF MUNICIPAL SOLID WASTE                             PAGE 30




              PERFORMANCE OF SERVICE

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

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

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

              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 SPECIFICATION


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

<> 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 2/2/07
1.     DEFINITION OF DIRECTOR - It is agreed by the parties to this contract, that wherever
the word “Director” occurs in the contract, it will be considered as referring to the City.

2.   DEFINITION OF CITY - The City of Pittsburgh, a municipal corporation of the
Commonwealth of Pennsylvania.

3.     DEFINITION OF CONTRACTOR - It is agreed by the parties hereto that wherever the
word “Contractor,” or the pronoun(s) in place thereof are used in this contract, they are to be
considered as referring to and meaning the contracting party or parties, or such party or parties
seeking to enter into a contract with the City of Pittsburgh, as the case may be, or the legal
representatives of such party or parties.

4.     DEFINITION OF COUNCIL – Council of the City of Pittsburgh, Pennsylvania.

5.      DEFINITION OF STANDARD FOR CONSTRUCTION - It is agreed by the parties to
this contract that wherever the words "Standard for Construction" or the pronouns in place thereof
are used in this contract, they are to be considered as referring to and reading "Part 3" of the
"Contract for Construction," of the Department of Public Works Bureau of Transportation and
Engineering as contained in a separate pamphlet and as revised to date of advertisement of this
contract.

6.     COMPONENTS OF CONTRACT - The following documents are part of this contract and
supplement one another:

       A.      ADVERTISEMENT for proposals as published in newspapers of general circulation
               (for contracts with an estimated value above $10,000.00);
       B.      PROPOSAL made by the prospective Contractor on the separate form provided by
               the City;
       C.      Particular SPECIFICATIONS special to this contract (if applicable);
       D.      STANDARD(S) FOR CONSTRUCTION (if applicable);
       E.      ARTICLES OF AGREEMENT;
               The contract shall become binding upon the formal acceptance of the prospective
               Contractor’s bid by the City as evidenced by the City's execution of the Articles of
               Agreement.
       F.      FINANCIAL SECURITIES executed by the prospective Contractor (if applicable);
       G.      The MBE/WBE SOLICITATION AND COMMITMENT FORM, (For B & C
               contracts over $10,000);
       H.      AFFIDAVIT OF CONTRACTOR;
       I.      STATEMENT OF AFFILIATIONS;
       J.      SWEATSHOP CONDITIONS;


The contract sets forth all the promises, agreements, conditions and understandings between City and
Contractor(s), and there shall be no promises, agreements, conditions, or understandings, either oral
or written, between them other than those that are set forth in the contract. Unless provided for in the
contract, no subsequent alteration, amendment, charge or addition to the contract shall be binding
upon City or Contractor(s), unless expressly agreed upon and reduced to writing by the City to the
Contractor(s).



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

8.     WHEN AND WHERE TO COMMENCE - The Contractor further agrees to
commence the work described or contemplated herein at such point(s), and at such time(s) as the
Director may request.

9.      TIME OF BID OPENING - The separate and sealed bids or proposals will be received
upon the City's blank proposal forms at the Office of the City Controller, First Floor, City-County
Building, Pittsburgh, Pennsylvania, until the date and time stated in the advertisement for bids for the
above, and will be opened and read upon the same date, in the place and at the time designated in
said advertisement.

10.     BLANK FORM OF PROPOSAL - All bids shall be made on the blank form of
proposal provided for that purpose, shall give the price of each item or service to be furnished,
shall be signed, in ink, by the prospective Contractors with the prospective Contractors
business address or addresses, and shall also contain the full name of all persons interested
with the prospective Contractors. In signing the proposal, the Contractor shall give the
individual, as well as the firm or corporate name. Copies of the printed form of proposal may
be obtained from the Bureau of Procurement, Fleet and Asset Services of the Department of
Finance, Room 502, City-County Building, Pittsburgh, Pennsylvania. Please do not redesign
the attached sheets of this proposal. All should be returned as single 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.




                                                    3                                 REVISED 2/2/07
        IV.     BUSINESS OPERATING UNDER A FICTITIOUS NAME - Entities operating a
                business under a Fictitious Name must execute the contract in the name of the entity
                trading and doing business as the Fictitious Name.

13.     FINANCIAL SECURITY FOR BIDS (BID BONDS) - Prospective Contractors on
contracts with a value of Two Hundred Thousand ($200,000) Dollars or more are required to file
with their proposals financial security equal to Ten to Fifty percent (10% - 50%) of the total bid.
This financial security shall be in the form of a bid bond, certified check or letter of credit. In order
to be acceptable as financial security, a bid bond must be issued by one or more surety companies
legally authorized to do business in Pennsylvania which retain as capital no less than the amount of
the issued bond and said bond must be in form approved by the City of Pittsburgh. If the bonding
company executes the bond through an attorney-in-fact, a Power of Attorney showing authority to act
must accompany the bond.

14.    PERFORMANCE BOND - Financial security shall be further required to insure faithful
performance of the work provided for in the contract and to indemnify and save harmless the City
from all liens, charges, claims, demands, losses, costs and damages of every kind and nature,
whatsoever, except as is otherwise provided in said contract.

15.     SERVICE CONTRACTS; REDUCTION IN PERFORMANCE SECURITY - In the
case of service contracts where the City holds certified checks or a letter of credit as security for
performance, the Director of the Department of Finance may approve reduction in the amount of the
security over the term of the contract; provided, however, that at no time shall the amount of the
security for performance be less than ten percent (10%) of the cost of the contract.

16.     FINANCIAL SECURITY FOR PERFORMANCE AND LABOR AND MATERIAL
INDEMNITY - For public works contracts exceeding Five Thousand ($5,000.00) Dollars, the
successful Contractor shall furnish financial security equal to One Hundred Percent (100%) of the
contract amount conditioned upon the faithful performance of the contract. The successful
Contractor shall further provide financial security equal to One Hundred Percent (100%) of the
contract amount for the protection of claimants supplying labor or materials to either the prime
contractor or any subcontractor for work performed in furtherance of the contract. These financial
securities must be in forms acceptable to the city.

17.     EXECUTION OF FINANCE SECURITY - Any financial security furnished shall be an
original, fully executed by both the prospective Contractor and the surety or sureties in ink and shall
be in a form acceptable to the City. Where the prospective Contractor is a corporation, the security
shall be signed by two officers of the corporation who have been duly authorized to do so by
appropriate action of the corporation, and the seal of the corporation shall be affixed. Where the
prospective Contractor is an individual or individuals, the security shall be signed by the individual
or individuals affixing the signature to the bid. Changes or additions to bid security or to the
signatures thereon may not be permitted after the opening of bids.

18.     CONTENTS OF BID AND PERFORMANCE SECURITY -

        A.      The financial security submitted to the City must be the originally issued document,
                signed in ink.



                                                     4                                 REVISED 2/2/07
       B.      Both the name of the contractor and the name of the issuing financial institution must
               appear on the financial security.

       C.      The name of the insured and the name of the contractor must be the same.

       D.      The bid's title, contract number or description must appear in the financial security.

19.     INSURANCE (SERVICE CONTRACTS ONLY) - For all contracts in which insurance is
required, a certificate evidencing the following minimum insurance must be provided when award is
made, unless otherwise specified:

       A.      GENERAL LIABILITY Single limit of Bodily Injury and Property Damage
               Combined: $500,000.00 each occurrence. $1,000,000.00 aggregate.

       B.      CITY OF PITTSBURGH must be listed as "Additional Insured' on the insurance
               certificate.
               NOTE: The name(s) of the insured on the certificate must be the same as the
               name(s) of the Contractor listed on the bid document.

       C.      Insurance coverage must be an “OCCURRENCE POLICY". "Claims Made” policies
               are unacceptable.

       D.      WORKERS’ COMPENSATION STATUTORY LIMITS.

       E.      AUTOMOTIVE LIABILITY INSURANCE – MINIMUM REQUIREMENTS:
               $500,000 for each individual occurrence and $1,000,000 in aggregate coverage.

Insurance must be maintained in full force and effect throughout the term of the contract. If
insurance must be renewed during the term of the contract, the new certificate of insurance must be
forwarded to:

                       Bureau of Procurement, Fleet and Asset Services
                       Department of Finance
                       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


                                                    5                                 REVISED 2/2/07
written request, from the Bureau of Procurement, Fleet and Asset Services of the Department of
Finance. Only a Sales Tax Blanket Exemption Certificate will be issued by the City. Thus, if
necessary to claim and secure exemption, a Sales Tax License issued by the Commonwealth of
Pennsylvania, Department of Revenue will be required of the successful contractor. However, if the
prospective Contractor determines that certain taxes are properly payable by, the City, the contractor
must include such costs in its calculations of bid prices. The City will not be responsible or liable for
the payment of any of the aforesaid taxes, or any other tax paid or payable by the contractor, unless
specifically stated in bid. Nothing in this paragraph is meant to exempt a construction contractor
from the payment of Sales Tax or Use Tax required to be paid by law with respect to its purchase or
use of tangible personal property used or transferred in connection with the performance of a
construction contract.

22.     BUSINESS PRIVILEGE TAX - By entering into this agreement with the City of
Pittsburgh, contractor agrees that all gross receipts generated through the provision of services
hereunder shall be subject either to the City of Pittsburgh’s gross receipts taxes (i.e., business
privilege tax, institution and service privilege tax) or to a payment in lieu of taxes (PILOT) as
described hereafter, whichever is applicable. In the event that contractor is not subject to one of the
two gross receipts taxes identified above, contractor shall nevertheless make a PILOT payment to the
City Treasurer equal to the amount of tax which would be due and owing if contractor were subject
to one of said gross receipts taxes. Any such PILOT payment shall be made annually, in the same
manner as the gross receipts taxes, and interest and penalty shall accrue on any balance not paid
when due at the rate in effect for said taxes. No deductions from gross receipts may be taken with
respect to any amounts paid to subcontractor(s) or material suppliers. No deductions can be made for
taxes paid to other localities for services performed under this contract or any sub-contract(s).

        When the performance of a contract requires the hiring of subcontractor(s), such contract(s)
with all subcontractors must incorporate a requirement that the subcontractor(s) pay the business
privilege tax, the institution and service privilege tax or a PILOT, whichever is applicable, regardless
as to whether the subcontract was initiated by the contractor or the City. Failure to include such
provision shall subject the contractor to the amount of gross receipt tax, or PILOT payment, 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) subcontractor(s), in turn,
employ (a) subcontractor(s), they shall be bound by the same rules as a general contractor.

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

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


                                                     6                                 REVISED 2/2/07
25.     PAYMENT DISCOUNTS - In determining the low bid, the City will not consider payment
discounts quoted by the prospective contractors. However, the City will apply payment discounts
offered by the successful bidder in the proposal to payments made in relation to the contract when
appropriate. The terms of payment discounts offered by the successful contractor must be clearly
stated on each invoice submitted to the City in regard to this contract.

26.     ANTI-DISCRIMINATION - Contractor shall not discriminate in its employment on the
basis of race, color, religion, ancestry, national origin, place of birth, sex, age, disability, non-job
related handicap, or sexual orientation. Contractor shall comply with the applicable provisions of the
PITTSBURGH CODE OF ORDINANCES, Title Six - Conduct Article V Discrimination, and any
amendments thereto. Contractor also shall comply with the applicable provisions of Title I and Title
II of the Americans with Disabilities Act, any amendments thereto and any regulations issued
thereunder. Contractor shall incorporate in any subcontracts which may be permitted under the terms
of the contract, a requirement that said subcontractors also comply with the provisions of this section.

27.     MBE/WBE SOLICITATION AND COMMITMENT - It is the City's goal to encourage
increased participation of women and minority groups in all City contracts. The City, therefore,
requires that all prospective Contractors demonstrate good faith efforts to obtain the participation of
minority-owned business enterprises (“MBEs”) and women-owned business enterprises (“WBEs”) in
work to be performed under City contracts. In order to demonstrate this good faith commitment, all
prospective Contractors are required to complete and submit with their bids either an MBE/WBE
Solicitation and Commitment Statement, which details the efforts made by the prospective
Contractor to obtain such participation, or an MBE/WBE Commitment Waiver Request which details
why no MBE/WBE participation could be obtained. Failure to submit either an MBE/WBE
Solicitation and Commitment statement or an MBE/WBE Commitment Waiver Request will result in
rejection of the bid.

       A.      Bids for $10,000.00 or more must be accompanied by either an MBE/WBE
               Solicitation and Commitment statement or an MBE/WBE Commitment Waiver
               Request.

       B.      On contracts over $75,000.00, final payment will be retained by the City at least until
               all work is performed under the contract and the contractor submits a final report to
               the City detailing the actual levels of MBE and WBE participation, as well as
               explaining any failure to meet MBE and WBE goals which had been stated in the
               previously submitted MBE/WBE Solicitation and Commitment Statement. The
               report must be submitted within thirty (30) days after the City's request.

       C.      On contracts for $75,000.00 or more, the performance security will be retained by the
               City at least until all work is performed under the contract and the contractor submits
               a final report to the City detailing the actual levels of MBE and WBE participation as
               well as explaining any failure to meet MBE and WBE goals which had been stated in
               the contractor’s previously submitted MBE/WBE Solicitation and Commitment
               Statement. The report must be submitted within thirty (30) days after the City's
               request.

       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 2/2/07
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 2/2/07
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 2/2/07
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


                                                    10                                  REVISED 2/2/07
moneys as may then be due or at any time there after may become due to the Contractor under and by
virtue of this agreement. In case such expense shall exceed the sum which would have been payable
under this contract, if Contractor had satisfactorily completed the work, the Contractor, their
executors, administrators, or assigns shall pay the amount of such excess to the City, on notice of
Director of the excess due.

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

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

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

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

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.




                                                   11                                 REVISED 2/2/07
52. USE OF TRADE NAMES - The use of a name of a manufacturer, or of any special brand,
model or make in describing an item or the use of detailed descriptive specifications pertinent
thereto, does not restrict bidders to that manufacture or specific article of such detailed descriptive
specifications. This means or method being used is simply to indicate the character or quality of the
article desired; but the article on which bids are submitted must be of such character, quality and
design as will serve the purpose which it is to be used for equally as well as that specified, and must
be the equal of the article described and equally suitable to the needs of the City. If bidding on other
than the make, model or brand specified or such detailed descriptive specifications therefore, the
manufacturer’s name and catalogue reference, together with specifications therefore, must be given
or other information given (CLEARLY STATED ON THE PROPOSAL OR BID SHEET IN
EVERY INSTANCE) to enable the Director to determine its suitability, or otherwise. The City
reserves the right, through the Director of the Department of Finance to be the sole judge in such
determinations. WHEN NO REFERENCE IS MADE BY THE BIDDER TO THE MAKE OR
GRADE PROPOSED TO BE FURNISHED, IT IS UNDERSTOOD THAT THE SPECIFIC
ARTICLE NAMED IN THE PROPOSAL OR BID SHEET WILL BE FURNISHED.

53.     INDEMNIFICATION - CONTRACTOR - hereby agrees to indemnify, save and hold
harmless, and defend CITY, its officers, agents and employees from and against all liens, charges,
claims, demands, losses costs, judgments liabilities, and damages of every kind and nature
whatsoever, including court costs and attorney’s fees arising by reason of: the performance by
CONTRACTOR of any services under this Agreement; any act, error or omission of
CONTRACTOR or of an agent, employee or licensee of CONTRACTOR or subcontractor of
CONTRACTOR; and any breach by CONTRACTOR of any of the terms conditions or provisions
of this Agreement.

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


                                                     12                                  REVISED 2/2/07
exception or appeal, and all right(s) of action at law, in equity or otherwise, under and by virtue of
this contract are hereby expressly waived.

57.     ASSIGNMENT; SUBCONTRACTING - Contractor shall not assign this contract or any
right to monies to be paid hereunder without the written consent of City. None of the services
covered by this contract shall be subcontracted without the prior written approval of City. It is
further agreed that no subcontract, if consented to, shall under any circumstances relieve the
Contractor of any liabilities and obligations under this Contract, and should any subcontractor fail to
perform the work undertaken in a satisfactory manner, such subcontract must be terminated
immediately and ended by the Contractor upon notice of the Director so to do.

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

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.




                                                    13                                 REVISED 2/2/07
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 GOVERNING LAW – The Contract that is formed subject to these
articles of Agreement will be construed and interpreted in accordance with the laws of the
Commonwealth of Pennsylvania.

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

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

66.     TERMINATION - City may terminate this contract at any time, without cause or liability,
by giving Contractor thirty (30) days advance written notice of its intention to terminate.

67.     OPTION TO EXTEND - the City of Pittsburgh, Department of Finance, in cooperation with
the successful contractor(s) in regard to this contract, reserves the right to extend this contract for up
to 60 days after the indicated expiration date as described in this contract. This mechanism would be
utilized in the event that a lapse in the current contract occurs before a new contract can be
established for the goods or services indicated on the contract. When applicable, an extension notice
will be issued defining the exact extension of the contract; all other terms and conditions of the
extended contract will remain in full force and effect.




                                                    14                                  REVISED 2/2/07
It is agreed by the parties hereto that there is no other consideration, favors, promises, or
interest passing between the parties other than what is expressly stated in this contract.


 IN WITNESS WHEREOF, this contract is signed this ____ day of                        , 20____.

 CONTRACTOR:



                                               ____________________________________
 SECRETARY - TREASURER                         PRESIDENT - VICE PRESIDENT (SEAL)




 CITY OF PITTSBURGH:                           PROPOSAL N0.           B-097-10



 ______________________________                ____________________________________
 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 2/2/07
                              CITY OF PITTSBURGH
                BUREAU OF PROCUREMENT, FLEET AND ASSET SERVICES

                          VENDOR QUESTIONNAIRE
                                 PROPOSAL # B-097-10

PLEASE COMPLETE THE FOLLOWING COMPANY INFORMATION:

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

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

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

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

 C. BID SPECIFICATIONS ARE TOO VAGUE                                YES     NO

 D. OTHER         _____________________________________
                  _____________________________________
                  _____________________________________

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

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

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

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

 D. OTHER         _____________________________________
                  _____________________________________
                  _____________________________________

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

4. IF YOU HAVE ANY OTHER COMMENTS YOU MAY LIST THEM BELOW:
                  _____________________________________
                  _____________________________________
                  _____________________________________
               CITY OF PITTSBURGH MBE/WBE SOLICITATION AND COMMITMENT FORM

                    PROPOSAL NO. B-097-10               DATE:

COMPANY NAME:

ADDRESS:


CITY, STATE AND ZIP CODE


TELEPHONE: BUSINESS AND EMERGENCY




FAX NUMBER AND E-MAIL ADDRESS


     FOR ASSISTANCE CALL THE OFFICE OF BUSINESS         FAILURE TO COMPLETE FORM MAY BE 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.
            COMMONWEALTH OR STATE OF
            _______________________________                          )
                                                                     )      SS:
            COUNTY OF ___________________                            )


                                           AFFIDAVIT OF CONTRACTOR
                                        UNDER PITTSBURGH CODE §161.22 (f)
                 CITY OF PITTSBURGH MBE/WBE SOLICITATION AND COMMITMENT FORM-TRADES

NAME                     ADDRESS        PHONE     FAX NO.       CHECK      WORK
                           BEFORE      ME, the undersigned authority, personally appeared
                                                                           PERFORMED_________________________________
                                                                    MM
                                                                    MF
                    _________________________ who, being duly swornEST. PAYMENT _______________________________
                                                          NMF       according to law,
                                                                               PAYMENT % OF CONTRACT____________________
                    and under penalty of perjury, deposes and says that neither (s)he nor,
                                                                           DATE STARTED______________________________

                                                                             belief,
                    to the best of his/her actual, knowledge, information orWORK the
                                                                  CHECK
NAME                    ADDRESS         PHONE       FAX NO.                    PERFORMED__________________________________
                                                                  MM
                    company, corporation, partnership             MF
                                                         ("Contractor"),   or any affiliated
                                                                               EST. PAYMENT________________________________
                                                                  NMF
                                                                               PAYMENT % OF CONTRACT_____________________
                    individual is prohibited from entering a bid or participating in a CITY
                                                                               DATE STARTED_______________________________

                    of Pittsburgh contract by reason of disqualification as set forth at
NAME                    ADDRESS        PHONE        FAX NO.         CHECK      WORK
                                                                               PERFORMED__________________________________
                                                                    MM
                    Pittsburgh Code §161.22 (b).
                                                                    MF         EST. PAYMENT________________________________
                                                                    NMF
                                                                               PAYMENT % OF CONTRACT_____________________
                                                              _____________________________
                                                                            DATE STARTED_______________________________
                                                              Name:
                                                              Title:
NAME                   ADDRESS         PHONE       FAX NO .        CHECK       WORK
                                                                               PERFORMED__________________________________
                    SWORN TO and subscribed                        MM
                                                                   MF          EST. PAYMENT________________________________
                                                                   NMF
                    before me this __________day                               PAYEMENT % OF CONTRACT ___________________

                                                                               DATE STARTED_______________________________
                    of ______________, 20 ____.

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 IS 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 GENERAL SERVICES
      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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