Active SLED Opportunity · PENNSYLVANIA · PITTSBURGH PUBLIC WORKS
AI Summary
The City of Pittsburgh seeks qualified lawn service businesses and community organizations for a Pre-Qualified List for Land Maintenance. Contracts run until December 31, 2027. Bids must be emailed to contracts@pittsburghpa.gov; submissions via OpenGov Procurement are not accepted.
The City Of Pittsburgh Office of Management & Budget, on behalf of the Department of Finance is seeking proposals from qualified lawn service businesses and/or community-based organizations for the Pre-Qualified List for Land Maintenance.
The initial contract period shall commence upon the first executed contract and shall terminate at midnight on December 31st, 2027.
The City is not accepting responses through OpenGov Procurement. All bids must be submitted electronically by emailing your completed application packet to contracts@pittsburghpa.gov. Failure to submit the PQMA packet to contracts@pittsburghpa.gov shall result in significant delays in processing the application.
Please use the See What Changed link to view all the changes made by this addendum.
The Contractor will also be responsible for submitting a complete breakdown of subcontracting costs together with all subcontractors documentation (i.e., labor invoices, material invoices, equipment rental, etc.). Invoices shall be submitted directly to the Department initiating the project and should be submitted not more than once a month. Contractor will be responsible to follow the user Department's invoicing procedures. Payment to the Contractor will be based on the City Inspector's daily labor and material logs.
City Business Privilege Tax is the Contractor's and Sub-Contractors responsibility and as such is not a reimbursable item on Contractor's or Sub-Contractors billing.
PA State taxes paid by the Contractor on material purchases or equipment rentals are reimbursable if included on third party invoices submitted.
Off-site fabrication time may be allowed, if approved by the Director and is included in the proposal. City Inspector shall be permitted to verify off-site fabrication as deemed appropriate.
A Final project invoice MUST be submitted within 45 days after the completion of the work on each project. Failure to submit the required product warranties, operation manuals, and maintenance manuals may delay final payment. When submitting the Final project invoice, the Contractor shall state therein that payment of said invoice constitutes full and complete payment of all monies owed and billable on said project. Any exception to this should be so noted and tallied on the Final invoice. After receipt and processing of the Final project invoice, the City will not entertain any additional cost for that particular project and will consider the project closed.
Worksheets must be provided on all T&M and unit price projects prior to payment. Travel time is not a compensatory item.
Personnel reporting, as directed, to the job site and work being cancelled because of inclement weather, breakdown, or any other just cause, as determined by the City of Pittsburgh, shall receive two hours report time; Personnel working two hours but less than four shall receive four hours compensation; Personnel working four hours but less than six shall receive six hours compensation; personnel working six hours but less than eight hours shall be compensated for eight hours. These terms apply only to trades people (not superintendents, project managers, etc.) and only when such cancellation is so directed by the City of Pittsburgh. Work cancellation resulting from negligence on the parts of the Contractor will not receive compensation.
Principals, project managers, estimators, expeditors, clerical and all other office personnel shall be considered Overhead. Time spent in preparation of an estimate for each project shall be considered Overhead. Time spent preparing and securing permits, drawings required thereof, shop drawings, submittals, schedules, reports and invoices shall also be considered Overhead costs.
Superintendents field time must be verified by Inspectors logbook entries. Only the Superintendents actual time spent on the job site will be compensated to the nearest 1/4 hour. Superintendents travel time and office time will be considered overhead costs. A Superintendent shall be defined as an individual overseeing several jobs with several foremen reporting to him.
Hauling or delivery of personnel, materials, supplies, or equipment to/from/within the job site(s) is not to be considered as billable hours. Travel time for personnel to/from/within the job site(s) is also not to be considered as billable hours. Time charged for picking-up unexpected material needs, etc., will be compensated at the lowest trade rate bid and only with prior approval of the Directors representative.
Use of rental facilities, as applicable, must be identified on each project estimate and approved by the Director. Costs incurred by Contractor for temporary facility rental (ex: bulk storage, oversize storage, etc.) including associated utility costs (if assessed), etc. shall be reimbursed at cost. Receipts will be required.
If any rental equipment is needed, it must be pre-approved by the Director. Costs incurred by Contractor for approved rentals shall be reimbursed at cost with no markup. Receipts will be required for payment.
All bids must be submitted electronically. No bids shall be accepted in person, by U.S. Mail, by private courier service, via oral or email communication, telephone or fax transmission.
Any violation or breach of terms of this contract on the part of the Contractor may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this contract. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
All invoices must contain the following information. The City of Pittsburgh will no longer accept "lump sum" invoicing:
The purpose of this posting is to compile a list of pre-qualified vendors ("PQ List") under agreement with the City to be on the eligibility list for LandCare Maintenance Program. The program runs for the growing season for City Owned properties for the 3TB (Three Taxing Bodies) within the City of Pittsburgh. Growing-season maintenance of the real estate portfolio is defined in the Scope of Services and includes removing debris and vegetation on a routine basis, by request of the City and on an emergency basis.
Overall, there are approximately 3,100 properties to be maintained within geographic clusters throughout the City of Pittsburgh. A listing of properties and geographic clusters is included in this proposal package (Appendix A) and is also available for review online. Parcel quantities within geographic clusters are subject to change at any time at the City's discretion. Up-to-date parcel lists and maps will be posted online by the Department of Finance. Any awarded vendors will be contacted on an as-needed basis regarding any changes.
Please note that all pre-qualified vendors will be compensated at the rate of $25/hour/person.
All awarded vendors are limited to a maximum of 5 assigned employees to conduct work within an assigned geographic cluster. Any/All requests for additional employees to conduct work within an assigned geographic cluster must be authorized by the Department of Finance or their designee. Only upon obtaining proper authorization can additional employees conduct work within an assigned geographic cluster.
Geographic clusters/work will be distributed amongst vendors who have qualified for the PQ List at the discretion of the City of Pittsburgh. Assignments are subject to change at any time at the discretion of the City.
If a Bidder submits a bid with a price that is patently incorrect, such that a “reasonable person” would recognize the error, the Bidder shall be given the opportunity to withdraw the entire bid or only the incorrect line item in a bid. If the Bidder wishes to withdraw the entire bid or only a line item, the Bidder shall, within five working days of bid opening, state in a letter to the City the reason for the mistake and request that the City not consider the bid or line item for award.
If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the City of Pittsburgh shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor under this Contract shall, at the option of the City of Pittsburgh, become its property.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City of Pittsburgh for damages sustained by the City of Pittsburgh by virtue of any breach of the Contract by the Contractor, and the City of Pittsburgh may withhold any payment to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City of Pittsburgh from the Contractor is determined.
The procedure for initiating work shall be as follows:
This Contractor shall cooperate with all other entities involved in the project including the Owner in the scheduling of the work such that Contractor’s work does not delay or interfere with the work of any other entity. It will be the Contractor's responsibility to coordinate the schedule for the work with other primes and subcontractors and provide input to general contractors for preparation, periodical update, and distribution of a master schedule for each project, if required, at no additional cost. The master schedule shall include the work of all other primes and subcontractors participating in the work.
If any alleged errors are noted in the bid specifications, bidder should immediately notify the City and, if confirmed, a bulletin shall be sent to all bidders. A copy of all bulletins issued shall be submitted electronically with the suppliers bid.
The City of Pittsburgh may terminate this Contract at any time giving at least ten (10) days notice in writing to the Contractor. If the Contract is terminated by the City of Pittsburgh as provided herein, the Contractor will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the Contractor, Paragraph 1(Breach of Contract) hereof relative to termination shall apply.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City of Pittsburgh for damages sustained by the City of Pittsburgh by virtue of any breach of the Contract by the Contractor, and the City of Pittsburgh may withhold any payment to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City of Pittsburgh from the Contractor is determined.
During the performance of this Contract, the Contractor agrees as follows:
LAND MAINTENANCE SPECIFICATIONS
This PQ List involves routine and emergency maintenance for the majority of the City of Pittsburgh’s real property portfolio, divided into geographic clusters.
Compensation for the Scope of Services will be proposed as “Geographic Cluster Selection and Fee” in response to this PQ List.
Routine Maintenance Activities:
Routine maintenance shall mean on a monthly basis, and Routine Maintenance Activities include, but are not limited to:
Time-bound required services to be performed:
Cut and clean all assigned properties in proximity (500 feet) to all publicly funded schools, senior centers, churches and bus stops.
Vendor shall submit a monthly Parcel Checklist at the time of invoicing. Updated Parcel Checklist will be provided to awarded vendors by the City. Sample parcel checklist will be included in the application packet. Vendor will have check-ins with a City representative to discuss any contract issues or concerns.
Parcel Checklist to include:
The City reserves the right to request clarification of any bid before bid award.
CITY: The City of Pittsburgh, a municipal corporation of the Commonwealth of Pennsylvania.
CONTRACTOR: 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.
Emergency Maintenance Activities will be performed when a Code violation notice or other direct request for maintenance is received by the City of Pittsburgh and shared with contractor. Emergency maintenance will be prompted by 3-1-1 calls fielding by the City. The contractor must field verify and assess property conditions within two (2) business days of being notified and address the maintenance requested within seven (7) calendar days from date of initial request. It is the vendor's responsibility to inform the City that the emergency maintenance work has been completed and to close the 3-1-1 ticket.
All bidders must be merchants dealing in the goods and services on which they bid, and must be qualified to advise as to their application and use. Bidders warrant, and must be able, upon request, to demonstrate, that they possess the knowledge, experience, skill, capital, stock, charters, licenses, permits, patents and personnel necessary to satisfactorily perform the contract for which they submit bids.
Bids are to be executed by the following persons:
CORPORATION – A corporate officer with authority to make binding agreements for the corporation.
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 accompany 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.
PARTNERSHIP - At least one (1) of the partners.
SOLE PROPRIETORSHIP - The individual owner.
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
Under Title VI of the Civil Rights Act, as amended, no person shall, on the grounds of race, color, creed, sex, familial status, handicap, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
The Purchasing Officer may require, after consultation with supervisory personnel, that bids be accompanied by a cashier's check or money order, in an amount not exceeding five (5) percent of the bid, by a bond with corporate surety in an amount not exceeding five (5) percent of the amount bid, or by an irrevocable letter of credit in such form as previously approved by the County issued by a bank or other financial institution duly recognized and authorized to do business in the Commonwealth of Pennsylvania.
Contractors must provide all labor, tools, equipment, materials and technology needed to carry out the Scope of Services. Contractor has access to all equipment necessary to carry out the work of this contract.
A sample equipment list to perform this type of work could include:
No person in the United States shall on the grounds of race, color, national origin, familial status, handicap, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.
Bidder’s pre-printed Terms and Conditions or restrictions commonly appearing on the reverse side of letters submitted with the bid and/or bidder’s specifications material and contract documents shall be disregarded and have no effect.
The Contractor must have the ability to perform emergency work on-site within a four hour period of notice.. The Contractor must have twenty-four (24) hours a day in-person accessibility (Answering service, or Machine and paging capability). The Contractor must also have a fax machine in operation by time of contract commencement. The Contractor must also have the ability to respond to requests by the City within a 24 hour period, unless other arrangements are approved. Non-adherence to this clause may be cause for cancellation of contract or any other remedies provided to the City by contract or law.
The submission of the PQMA Application will only afford your company, if ultimately approved, the opportunity to later bid on the award of specific projects as needs arise. The submission of the PQMA Application does not guarantee placement on the Prequalified Contract List, any award of future bids under the Prequalified Contract, or that any minimum amount of bids will be solicited by the City. The City reserves the right to reject all bids for a particular project when it is in the best interests of the City to do so.
A certificate evidencing the following minimum insurance must be provided when award is made, unless otherwise specified:
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:
Office of Management & Budget, Procurement
Room 502, City-County Building
414 Grant Street
Pittsburgh, PA 15219
Failure to provide and renew such insurance as required shall be deemed a material breach of contract and shall be a basis for immediate termination of this Contract and any related agreement. The insurance requirements of this provision shall be in addition to any other insurance requirements of this Contract.
The successful bidder may be required to furnish a performance and/or payment bond with suitable reasonable requirements guaranteeing performance of the contract, with sufficient surety in the amount of one hundred (100) percent of the amount of the contract, within thirty (30) days after the contract has been awarded, unless the Purchasing Officer shall prescribe a shorter period. Upon failure to furnish any required bond within such time, the previous award shall be void and the contract may be awarded to the next lowest responsible bidder meeting the specifications.
The City of Pittsburgh is exempt from Federal excise taxes, transportation taxes and state sales taxes. Therefore, bidder should not include any such taxes in its calculations or in the prices bid. Any sales tax invoiced to the City shall not be paid.
The following errors shall be deemed fatal and render the bid void: Failure to sign the bid, or bond or both, If the signatures are those of unauthorized persons, or If there is no stated pricing. All other errors are waivable at the sole discretion of the City if such errors would not invalidate a fair and just competitive bidding procedure free of favoritism and fraud and a common standard for all bidders.
The City will periodically inspect work to verify that service has been completed in a manner consistent with program standards.
Contractors and their crew(s) must have access to technology, such as smart phones or tablets, in the field to document the work conducted under the terms of this RFP’s resulting contracts.
Selected contractors will communicate on a weekly basis, at minimum, with the City regarding concerns or feedback.
(Applicable only in contracts for $25,000 or more). Contractor agrees to assist City of Pittsburgh's efforts to encourage the participation of minorities and women in City of Pittsburgh contracts by making a good faith effort to utilize women and minorities in performing the work required by this Contract. The final payment under this Contract will not be made until Contractor submits a report to City of Pittsburgh detailing the following information.
The Contractor shall comply with the Copeland Anti- Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR. Part 3).
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 Contract and/or any associated agreement. If, at any time, the Contractor fails (or has failed) to enter into any contract awarded by the City, the City expressly reserves the right to recoup any and all costs associated with rebidding or re-awarding of any contract awarded to this Contractor to another Contractor. City reserves the right to apply set-off payments in whatever manner it deems appropriate.
By submitting a bid, the bidder warrants that if the City makes an award to the bidder, bidder shall, at the option of the City, enter into a written contract with the City. This contract shall consist of the terms and conditions set forth in the solicitation, specifications, and these General Conditions and Instructions to Bidders. If no bid bond or substitute is required and bidder fails or refuses to execute the required documents within thirty (30) days after award by City, bidder shall pay to the City the difference in the amount specified in bidder's bid and the amount City shall pay to fulfill the specifications.
Contractor must dispose of vegetation and debris at a landfill cited in the Allegheny County Solid Waste Management Plan, most current edition, or at a City-approved location.
A list of Allegheny County landfills can be found here:
https://pittsburghpa.gov/dpw/disposal-resources
The Department of Public Works Division yards referenced as City-approved locations are as follows:
Terms and conditions of disposal at City-approved locations are subject to advance approval by the Department of Public Works and obtaining a dump permit from the Department of Finance is required.
Substantial or unreasonable delays in response times, estimated time, or non-adherence thereto, in addition to any failure to meet project schedule deadlines or otherwise fail to comply with the terms and conditions of the contract shall constitute cause for the assessment of liquidated damages. Such damages shall be assessed on a per project basis based on pre-scheduled uses of the project, projected lost revenues, cost of alternative space, opportunity costs, etc. Liquidated damages shall be deducted from payments due under this scope of work.
The Contractor shall comply with the Davis-Bacon Act the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5) as applicable.
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 a bid indicating that the prices are not firm may be cause for rejection of the bid.
It is the intent of the City that Contractors be paid monthly. Monthly invoices must be submitted electronically to the City by the 15th day of the month for work performed in the month prior for review and payment.
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.
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 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.
Geographic cluster inventory lists and classifications are subject to change at any point during the contract term. Contractors will be notified in writing via email of any changes to their respective geographic cluster, and the changes will be reflected in the GIS web-based application.
If the City develops reason to believe that a single prospective Contractor is involved in the submission of more than one proposal for the same project, which is sufficient cause for rejection of all proposals in which collusion between bidders is suspected.
The Contractor shall, at his cost, replace any work, materials or equipment furnished and installed by him under this contract which develops defects, except from vandalism or unusual wear and tear, within one (1) year from the date of the Final Acceptance of the work for each project. Additional warranties of specific materials and systems will be required of the Contractor on a per project basis and will be so noted in the Director’s requested scope of work. Please note that in some cases, warranty periods may commence prior to final inspection, pursuant to issuance of certificate of substantial completion.
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.
Before any agreement is awarded subsequent to the execution of this Contract, 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 herein and in conformity with the best modern practices and industry standards. 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. “Lowest responsible bidder” is defined in Pittsburgh’s City Code and via established case law.
The Contractor, at such times and in such forms as the City of Pittsburgh may require, shall furnish the City of Pittsburgh such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract.
Minimum Requirements:
The selected contractor(s) should be familiar with the physical layout of the City as well as the various City departments that will be encountered daily while performing this work.
To be considered for this work, the business or organization must be:
It is the intent of the City to pay all invoices resulting from work performed under an agreement within 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.
Invoices for payment must be received within thirty (30) calendar days of the completion of work or delivery. City reserves the right to reject, not pay, or reduce total compensation for all invoices that are submitted more than 30 days after delivery of goods or completion of services.
No discovery or patent rights arising from any discovery or invention which arises or is developed in the course of or under this contract shall be exercised by or on behalf of the contractor.
The selected contractor shall purchase and maintain the following insurance coverage and minimum limits during the contract period. The City must be named as “additional insured” and “certificate holder” for both Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance on the contractor’s policy.
A certificate of insurance specifying these coverages must be provided at the time of award, but is not required to submit a proposal.
Each bidder may only submit one (1) bid on behalf of the organization and all subsidiaries.
Testing of materials may be required by the Director. Any material or equipment, which is found to be defective during the tests, shall be removed and replaced with new by this Contractor at no additional cost to the City unless it is found that this condition was caused by the City of Pittsburgh in which event the City shall be responsible for the payment of said costs..
STORAGE OF MATERIALS AND EQUIPMENT
Regardless of any notification of award to any prospective Contractor, all bids remain open and acceptable by the City for ninety (90) 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.
The terms of the PQ List Agreement shall be further incorporated by reference into all work orders that may later be awarded to Contractor. Land Maintenance work for which pre-qualified vendors are eligible shall conform with the provisions of this Pre-Qualified List Agreement (referred to herein as "PQ List Agreement") and the separate corresponding Bid Award, subject to the precedence set forth as follows:
Land Maintenance Process
Performance Based Metrics
No report, maps, or other documents produced in whole or in part under this Contract shall be subject of an application for copyright by or on behalf of the Contractor.
The City of Pittsburgh, or any of its duly authorized representatives, shall have access to any books, documents, papers and records of the Contractor which are directly pertinent to this specific contract, for the purpose of audits, examinations, and making excerpts and transcriptions during and for up to three (3) years following the termination of this Contract or completion of the work, whichever is later.
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 hazardous chemicals.
Submit all Material Safety Data Sheets to:
Office of Management & Budget, Procurement
Room 502, City-County Building
414 Grant Street
Pittsburgh, PA 15219
The Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the City of Pittsburgh to assure proper accounting for all project funds, both Federal and non Federal shares. These records will be made available for audit purposes to the City of Pittsburgh or any authorized representative, and will be retained for three years after the expiration of this Contract unless permission to destroy them is granted by the City of Pittsburgh.
When price lists are required for a proposal, they 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. Any attempts to enforce such terms and conditions will be considered a material breach of the contract and may result in termination of the contract. Contractors agree to supply the using departments of the City with copies of additional catalogues and price lists as requested.
APPLICATION
The City of Pittsburgh (“City”) invites you to apply to participate in a new Pre-Qualified (PQ) List (referred to herein as the “PQ List Agreement” or “Agreement”).
See attached file for details.
APPLICATION PACKET
The documents listed below combine to make up the Pre-Qualified List Application Packet (referred to herein as "PQ List Application Packet" or "Application Packet"):
Email the above to the City of Pittsburgh's Procurement Bureau at contracts@pittsburghpa.gov with email subject reference the PQMA Application Number by the application deadline.
The City will review completed application packets delivered to contracts@pittsburghpa.gov and let each applicant know whether their company is approved or denied to enter into a PQ List Agreement for Demolition Services.
APPROVED APPLICATIONS
A vendor will be added to the PQ List after its PQ List Agreement is fully executed, and remain on the list until it expires, unless determined during that period not to be a responsive and responsible bidder.
Bidder agrees and warrants that whenever the bidder, in its Bid, describes goods by trade name, catalog number, or "as per sample", the goods so described conform to the specifications. The unauthorized use of any patented articles is done entirely at the risk of the successful bidder.
The Contractor shall comply with all applicable standards, orders, or requirements issued of the Clean Air Act (42 USC 1857 et. seq.), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15) prohibiting the use of facilities included on the EPA List of Violating Facilities.
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 Contract; 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.
Overtime, if applicable, may be charged as a multiple of the appropriate hourly rate as per the Fair Labor Standard Act (FLSA).
To be considered for payment, overtime must be requested and approved in writing prior to the performance of said work.
The Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).
Contractor hereby affirms that s/he has read each and every clause in the advertisement, 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.
The Contractor shall comply with all applicable laws, ordinances, codes, and administrative regulations of the Federal, State and, Local governments which are or become applicable to the work done under this Contract.
It is expressly covenanted and agreed that in the event of a disagreement or controversy arising between the Contractor and the City 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 City’s attention in writing. The City shall decide upon the dispute and such decision shall be final and conclusive, as to all matters in controversy, without exception or appeal, and all right(s) of action at law, in equity or otherwise, under and by virtue of this contract are hereby expressly waived.
No member of the governing body of the City of Pittsburgh and no other officer, employee, or agent of the City of Pittsburgh, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and the Contractor shall take appropriate steps to assure compliance.
No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct, or indirect, in this Contract; and the Contractor shall take appropriate steps to assure compliance.
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. The successful bidder shall be responsible to require his sub-contractors to comply with all of the insurance requirements of this agreement.
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.
The Contractor covenants that he presently has no interest and shall not acquire interest, direct, or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with performance of his services hereunder. The Contractor further covenants that in the performance of this Contract, no person having any such interest shall be employed.
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 City Controller pursuant to the City of Pittsburgh Service Worker Prevailing Wage Ordinance, Title I, Article VII, Section 161.38(I)(B), and 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 agreement 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.
This agreement 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 agreement, shall be deemed to exist or to bind any of the parties hereto. This agreement may not be changed, modified, discharged, or extended except by written amendment, duly executed by the parties.
The Contractor certifies that none of their goods or products were made under sweatshop conditions as defined in § 161.02(e) of the City Code. If the City is presented with information that would lead the City to reasonably believe that the Contractor or its suppliers may be obtaining goods or products for sale, re-sale, lease or rental to the City that where made under sweatshop condition, upon request of the City, Contractor shall disclose information, data and materials reflecting Contractor’s practices as they pertain to the procurement and manufacturing of goods/products in compliance with the Anti-sweatshop provisions of Pittsburgh Code Section 160.02.
Contractor hereby agrees to perform the work described in this Contract in accordance with the terms herein 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 Office of Management and Budget 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.
The Contractor shall not assign any interest on this Contract, and shall not transfer any interest in the same without the prior written consent of the City of Pittsburgh.
The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor or the Contractors representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be a binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the work.
Contractor shall fully obey and comply with all Federal, State and Local laws, statutes, ordinances, resolutions, and administrative regulations, which are or should be applicable to any work performed under this Contract. Contractor agrees to maintain throughout duration of the contact, all necessary city, county and state licenses and approvals as applicable (including required professional licenses and exams), and to immediately notify the City of Pittsburgh, Office of Management & Budget of any loss or changes of licenses and approvals.
The Contractor shall indemnify, save, and hold harmless the City of Pittsburgh or its agents from all claims, liens, charges, claims, demands, losses, costs, judgments, liabilities, and damages of every kind and nature, including court costs and attorney fees arising by reason of:
The Contractor shall, at the City of Pittsburghs request, furnish satisfactory evidence that all obligations in subsection (d) designated above have been paid, discharged, or waived. If the Contractor fail to do so, the City of Pittsburgh, may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the City of Pittsburgh to either the Contractor or any third party. In paying any unpaid bills of the Contractor, any payment so made by the City of Pittsburgh shall be considered as a payment made under the Contract Documents by the City of Pittsburgh to the Contractor and the City of Pittsburgh shall not be liable to the Contractor for any such payments in good faith.
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.
The Contractor agrees not to file a lien or bond claim on the project, and waives any rights to file a lien or bond claim.
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. A document certifying compliance with this Section is attached hereto as an Exhibit and incorporated into and made a part of this Contract.
The Contractor shall not sublet, sell, transfer or assign any portion of the contract without prior written consent of the City of Pittsburgh and after verification of the subcontractor's current eligibility status, and after submission of all certifications as required. The Contractor shall be fully responsible to the City of Pittsburgh for the acts and omissions of the subcontractor(s), and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. No subcontract, or transfer of contract, shall in any way release the Contractor of his/her liability under the contract and bonds
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.
1.The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed.
2.The Contractor will proceed with the work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between the Contractor and the City of Pittsburgh, that the Contract Time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work.
3.If the Contractor shall fail to complete the work within the Contract Time, or extension of time granted by the City of Pittsburgh, the Contractor will pay to the City of Pittsburgh for liquidated damages for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents.
In addition to any rights of termination set forth elsewhere in this Contract or any related agreement, the 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.
The City, reserves the right to extend this Contract for up to ninety (90) days after the indicated expiration date. This mechanism would be used in the event that a lapse in the current Contract occurs before a new contract can be established for the services required by the City. When applicable, an extension notice will be issued defining the exact extension of this Contract; all other terms and conditions of the current contract will remain in full force and effect.
Unless otherwise provided in the specifications, all goods to be supplied to the City shall be from new, unused, current stock.
Unless otherwise provided in the specifications, any references in the specifications to quantities of goods or frequency of services to be provided to the City are estimates, and the City reserves the right to require the successful bidder to provide more or less than the estimated quantity or frequency, or to purchase none at all.
Unless otherwise stated in the Bid Documents, the Contractor is responsible for obtaining and paying for all necessary permits and licenses for the proper authorities. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the contract documents are at variance therewith, he/she shall promptly notify the City of Pittsburgh in writing.
Unless otherwise provided in the specifications, the goods and services to be delivered or provided shall be delivered to or provided at any place or places within Pittsburgh, Pennsylvania, which the City may designate. All deliveries are to be F.O.B. point of delivery. Unless otherwise provided in the specifications, the successful bidder shall provide all goods and services within thirty (30) days from the date of the City's request therefore.
Neither Contractor nor the City shall be held responsible for losses resulting if the fulfillment of any terms or provisions of an award resulting from this Contract is delayed or prevented by unforeseeable causes including but not restricted to Acts of God, restraint of Government, or for any other causes which are unavoidable through the exercise of due care and beyond the control of the party who is to perform.
It is understood that the goods and services described in the specifications may be purchased by the City and any other municipal bodies as set forth in the specifications and bidder agrees to supply the goods and services to the municipal bodies on the same terms and conditions as if they were to be supplied to the City. To the extent that the municipal bodies purchase goods or services, then the municipal bodies, and not the City, shall be liable to the bidder.
Agency warrants that it is not prohibited from entering into this Agreement 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 Exhibit C and incorporated into and made a part of this Agreement.
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 goods or services described herein. The City also reserves, at its sole discretion, the right to solicit separately any services that may be included in this agreement.
All promotional flyers, news releases, advertisements, brochures, posters, letters, printed materials and electronic media, radio and television broadcasts associated with these activities shall include the following acknowledgment prominently displayed with other credits. This is being financed in part with federal grant funding appropriated to the City of Pittsburgh, The Honorable Ed Gainey, Mayor.
Agency shall file a Statement of Affiliations with the City of Pittsburgh Board of Ethics which shall include the following:
If Community Development Block Grant Funds (CBDG) are being utilized, upon expiration of this agreement, pursuant to 24CFR 570.503 (b)(7), the Contractor shall transfer to the City of Pittsburgh any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Such transfer shall occur within thirty (30) days of termination. AGENCY shall give a check made payable to Treasurer, City of Pittsburgh to the City of Pittsburgh. At the expiration of this agreement, pursuant to 24 CFR 570-503 (b)(7), any real property in the Contractors control that was acquired or improved in whole or part with CITY CDBG funds in excess of $25,000.00 must either:
Bidder’s pre-printed Terms and Conditions or restrictions commonly appearing on the reverse side of letters submitted with the bid and/or bidder’s specifications material and contract documents shall be disregarded and have no effect
In accordance with Act 3 of the 1978 General Assembly of the Commonwealth of Pennsylvania, approved March 3, 1978, if any steel products are to be used or supplied in the performance of the contract, only steel products produced in the United States of America, as defined therein, shall be used or supplied in the performance of the contract.
City of Pittsburgh shall incur no obligation or duty to make any disbursement whatsoever under this Agreement until, pursuant to the Metropolitan Entitlement Grant Agreement under Title I of the Housing and Community Development Act of 1974 as amended, federal funds are received by City of Pittsburgh for said disbursements.
Contractor shall comply with all applicable provisions of the laws, regulations and Executive Orders cited, and agrees to be subject to all other applicable requirements and provisions set forth in Circular No. A-110, Grants and Agreements with Institutions of Higher Education, Hospital and other Nonprofit Organizations, Circular A-122, Cost Principles for Nonprofit Organizations and OMB Circular A-133, Audits of Institutions of Higher Education and Other Non-Profit Institutions.
Contractor shall maintain books, program and financial records, documents and other evidence pertaining to costs and expenses related to this Agreement in such detail as will properly reflect all costs of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature for which City funding has been provided under the provisions of this Agreement. The Contractor shall maintain such books, records, documents and other materials in accordance with Generally Accepted Accounting Principles, where applicable. The Contractor shall provide access, during normal business hours, to such books, program and financial records, documents and other evidence upon request of the Mayor, the City Controller, or their designees upon receipt of reasonable advance notice, either oral or written. Contractor’s books, records, program and financial records, documents and other evidence pertaining to services provided under this Agreement shall be preserved and made available for a period of three (3) years following the termination of this Agreement. The Mayor, the City Controller, or their designees may audit, examine, review, photocopy, and/or make excerpts or transcripts of any of Contractor’s books, records, program and financial records, documents and other evidence. Any deficiencies noted in any audit reports or otherwise must be fully resolved by the Contractor, to the City’s sole satisfaction, within thirty (30) days after the Contractor’s receipt of written notice of such deficiencies. Failure of the Contractor to comply with the provisions set forth in this paragraph may constitute a violation of this Agreement and, at the City’s sole discretion, may result in the City withholding future payments.
This Agreement is entered into by the City of Pittsburgh pursuant to City Code § 161.01A and subsequent authorizing resolution.
No federal appropriated funds have been paid, or will be paid, by Contractor to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Contractor hereby agrees that all subcontracts under this Agreement shall include this certification
In the event the work herein contemplated, or any part thereof, shall be interrupted, postponed, or abandoned due to circumstances which City of Pittsburgh considers to be to its best interests, AGENCY shall not be entitled to any further payment for such work or part hereof beyond and in excess of the amount due at that time, and final payment shall be based on the actual time spent to such date.
Non-Collusion Affidavit: Affidavit should state that the bid or proposal is genuine, is not done in the interest or on behalf of any unnamed person, and that the bidder has not conspired with or solicited another company to create a fake bid for comparative purpose, has not asked competitors to refrain from bidding, and has not conspired with a competitor or other company to create an unfair advantage over other bidders
Delinquent Tax Certification: Bidders must warrants that any and all taxes or municipal claims that may be payable to the City of Pittsburgh by Bidder are current and not delinquent. If City of Pittsburgh determines Bidder has an outstanding delinquency or if any taxes and claims become delinquent and owing during the term of this contract or prior to final payment by City of Pittsburgh, Bidder grants City of Pittsburgh the right to offset the indebtedness against any amounts owing to Bidder under the terms of this contract. City of Pittsburgh reserves the right to apply offset payments in whatever manner it deems appropriate.
Workers Compensation Certification: Pennsylvania law requires bidders who operate within the state to provide workers compensation coverage for their employees. A certificate of premium paid must be retained with the contract document.
Handicapped Access Certification: Upon completion of the working drawings, the architect or engineer shall execute a certification to the effect that applicable standards of accessibility by the handicapped. If the project is exempt from these standards, the basis for this exemption must be specified. This certification must be co-signed by a local official.
Attorneys Review Certification:For procurement of construction costing over $5,000, the contract documents must be reviewed in their entirety by the City of Pittsburghs attorney prior to contract signing to ensure compliance with applicable law. The City of Pittsburgh reserves the right to review the package to ensure inclusion of all applicable Federal terms and conditions.
Auditors Certification: The availability of funds for the contract must be certified by the localitys financial officer.
Notice of Award:
Notice to Proceed:
Bid Bonding/Guarantees: A bid guarantee shall be in the form of either a surety bond, certified check, cashiers check, or letter of credit in the amount of five percent of the bid, and a contract bond/performance bond or letter of credit for the full amount of the contract including all items of overhead.
Timelines: Bid proposal after the time and date specified in the notice will not be considered.
Guarantees should be in the form of a surety bond, certified check, cashier’s check or letter of credit in an exact dollar amount equal to five percent (5%) of the bid. For example, a total bid of $100,000.00 should have a bid guarantee in the amount of $5,000.00.
Please mail/deliver bid bonds to:
City of Pittsburgh Procurement
414 Grant Street, Room 502
Pittsburgh, PA 15219
A performance bond in the full amount of the project is required from the winning vendor for this solicitation.
The City is not collecting responses for this PQMA through OpenGov Procurement Software.
Please confirm that you have emailed the PQMA packet directly to contracts@pittsburghpa.gov.
If you will need Federal Funding (CDBG, ARPA etc.) Supplemental Condition please mark yes.
If yes, Construction terms will be added to all applicable sections
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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