PQ List for Plumbing Rehab/Repair/Reno

The City of Pittsburgh Office of Management & Budget is currently soliciting a list of pre-qualified contractors for Plumbing in Rehabilitation, Repair, and Renovation Services.

The initial contract period shall commence upon the execution of this contract and shall terminate at midnight on April 30th, 2028.

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.

Project Details

Reference ID: 2024-PQMA-114
Department: Office of Management & Budget
Department Head: Jake Pawlak (Deputy Mayor & Director)

Evaluation Criteria

Purpose —
This agreement will pre-qualify vendors and permit them to submit estimates for various Plumbing Rehabilitation, Repair, and Renovation Services. Such estimates may be submitted from time to time in response to City issued solicitations for pricing for individual scopes of work, as needs arise.
Definitions —
The following definitions apply in the Contract. Whenever the context may require, any pronouns used herein include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns include the plural, and vice versa.
Advertisement: This Invitation for Bid document including all terms and conditions.
Award: The City's written acceptance of a Bid as from the lowest responsible Bidder.
Bid: Offer of a Bidder returned in response to the Advertisement.
Bidder: Any individual, firm, partnership, corporation, or joint venture, including all subsidiaries, submitting a Bid to the Advertisement.
City: The City of Pittsburgh including its departments and subdivisions.
Confidential Information: Any information that must be kept confidential by Bidder or Contractor.
Contract: The written agreement between the City and Contractor for Work in the Advertisement which incorporates, Advertisement, Specifications and all of the City’s terms and conditions included therein.
Contractor: The awarded Bidder who has entered into the Contract with the City.
Director: The City department director or designee designated by the Office to administer the Contract.
Drawings: Graphic and pictorial portions of the Work showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.
Guarantee: Bonded assurance that Bidder will, upon Award, execute a Contract with all required bonds and insurance certificates within the timeframe required by the Advertisement.
Invoice: Request of payment by Contractor.
Office: The City Office of Management and Budget.
Opening: Date of Bid Opening listed in the Advertisement.
Project: The product toward which the Work is performed under the Contract.
Question Submission Deadline: Question submission deadline listed in the Advertisement.
Site: Area designated or to be designated under the Advertisement or the Contract where Contractor is to perform the Work.
Specifications: Directions, provisions, and requirements contained, or referenced, in the Advertisement or as designated under the Contract prescribing the requirements for performing the Work, or to the quantities and qualities of materials to be furnished or incorporated into the Work.
Work: All operations, materials, equipment, and labor required to complete the Project sought in the Advertisement.
DEFINITIONS (LS) —
In addition to the definitions of the Bid Terms and Conditions, which apply as though incorporated herein, the following definitions will apply to these Construction Terms and Conditions.

Certificate of Final Acceptance: A written document issued by the City certifying the City’s final acceptance of the Work.

Certificate of Substantial Completion: A written document issued by the City certifying substantial completion of the Work prior to final inspection or the City’s taking possession of partially completed Work.

Change Order: An order issued from the City, through the City’s Pending Change Notice Process, for a change in Work that will increase the Not-To-Exceed-Amount or result in an extension of the Work schedule.

Completion Date: The date set forth in the Scope of Work by which the Project must be completed.

Inspector: the City’s authorized representative to conduct inspections of the Work.

Not-To-Exceed Amount: The cost of performance for all Work that may not be exceeded under the Contract except by Change Order.

Notice-To-Proceed: A written notice from the City to Contractor to begin performance of Work.

Overhead: Cost of business operations not considered compensable or billable as a separate itemized expense.

Pending Change Notice Process: the City’s process by which a Change Order is executed.

Schedule of Values: The schedule of values prepared in accordance with Section 4.3.

Shop Drawing: Drawings prepared by Contractor upon request of the City to supplement or detail the Work, including but not limited to, catalog cuts of proposed equipment and assemblies.

Superintendent: A designated representative of Contractor who oversees Work at the Site and who is vested with full authority to act on behalf of and receive notices for Contractor.
CONTRACT TERMS APPLICATION —
The terms and conditions herein apply to the Contract. All definitions, warranties, and applicable terms and conditions from the Bid Terms and Conditions are incorporated as though set forth herein.
MWE/DBE —
The City of Pittsburgh is committed to the ideal of providing all citizens an equal opportunity to participate in City and its Authorities' contracting opportunities. It is therefore the City's goal to encourage increased participation of women and minority groups in all City contracts. The City requires that all respondents demonstrate good faith efforts to obtain the participation of Minority-Owned Business Enterprises (MBE's) and Women-Owned Business Enterprises (WBE's) in work to be performed under City contracts. The levels of MBE and WBE participation will be monitored by the City of Pittsburghs Equal Opportunity Review Commission (EORC). In order to ensure that there are opportunities for historically disadvantaged minority groups and women to participate on Covered Contracts, and consistent with the City's current equal employment opportunity practice and goals, the EORC will review contracts to include an evaluation of a developer/contractors employment of minority groups and women, encourage goals of eighteen (18) percent and seven (7) percent respectively.
INTERPRETATION —
These Federal Funding Requirements shall be construed in supplement to, and not in conflict with, the Contract. To the extent that any of the provisions in these Federal Funding Requirements directly conflict with the terms and conditions of the Contract, these Federal Funding Requirements shall control. Any definitions provided in the Contract shall apply to these Federal Funding Requirements.
Veteran Owned Small Business —
It is also the City's goal to encourage participation by veteran-owned small businesses in all contracts. The City of Pittsburgh shall have an annual goal of not less than five (5) percent participation by veteran-owned small businesses in all contracts. The participation goal shall apply to the overall dollar amount expended with respect to the contracts. The City requires that all respondents demonstrate good faith efforts to obtain the participation of veteran-owned small business in work to be performed under City contracts. The levels of veteran-owned participation will be monitored by the City of Pittsburgh's EORC.
PERFORMANCE —
Contractor will furnish material, equipment, tools, labor, and incidental work complete and in place, unless otherwise provided, and be responsible for the complete supervision, performance, and completion of the Work. Contractor must perform the Work strictly in accordance with the Contract and the Director’s orders and instructions. Contractor must strictly comply with all dates, deadlines, and milestones under the Contract as time is of the essence for each. Contractor must maintain, update, and make available upon request a copy of all documents arising under the Contract.
General Requirements for Pre-Qualification —
1. Bidders must have been in the Plumbing Rehabilitation, Repair, and Renovation business for a minimum of five (5) years and must employ workmen qualified to perform the work specified herein.
- - Inability of tradesperson to provide satisfactory verification (i.e., employment history) of their experience and abilities shall be grounds for that tradesperson’s removal from participation in the work on City projects. Should the Contractor fail to remove said individual from City projects when so requested by the Director, the City reserves the right to immediately terminate this contract.
2. The City of Pittsburgh reserves the right to inspect the facilities and available equipment to perform work under this contract prior to approval.
3. The successful bidder must provide As Built Drawings within fifteen (15) days after the City of Pittsburgh final acceptance of the work, the successful bidder must provide a set of contract plans clearly marked in red to show any differences between the original plans and the actual, as built, installation, and to show the exact location of all underground lines and facilities installed under the contract. Final payment will not be made until complete; marked up drawings have been received and approved by the City of Pittsburgh.
4. The successful bidder must provide the City with MSDS (Material Safety Data Sheets, also Operations Maintenance Manuals) for each chemical or other hazardous materials used in performing this service, prior to the commencement of any work being performed.
5. All documents in the "Application Requirements" section must be received before a vendor's application will be reviewed •
- - Applications cannot be bound or they will be rejected.
6. Completed applications must be received 90 days before the expiration of the contract to be reviewed.
DEFINITIONS (T&M) —
In addition to the definitions of the Bid Terms and Conditions, which apply as though incorporated herein, the following definitions will apply to these Construction Terms and Conditions.
Certificate of Final Acceptance: A written document issued by the City certifying the City’s final acceptance of the Work.
Certificate of Substantial Completion: A written document issued by the City certifying substantial completion of the Work prior to final inspection or the City’s taking possession of partially completed Work.
Change Order: An order issued from the City, through the City’s Pending Change Notice Process, for a change in Work that will increase the Not-To-Exceed-Amount or result in an extension of the Work schedule.
Completion Date: The date set forth in the Scope of Work by which the Project must be completed.
Inspector: the City’s authorized representative to conduct inspections of the Work.
Letter of Acceptance: the City’s acceptance of Contractor’s Proposal in a Contract for an indefinite amount of services or supplies upon request over a fixed period.
Not-To-Exceed Amount: The cost of performance for all Work that may not be exceeded under the Contract except by Change Order.
Notice-To-Proceed: A written notice from the City to Contractor to begin performance of Work.
Overhead: Cost of business operations not considered compensable or billable as a separate itemized expense.
Pending Change Notice Process: the City’s process by which a Change Order is executed.
Proposal: Response of a Contractor to a Request in a Contract for an indefinite amount of services or supplies upon request over a fixed period.
Request: A request for Work made by the City to a Contractor in Contract for an indefinite amount of services or supplies upon request over a fixed period.
Shop Drawing: Drawings prepared by Contractor upon request of the City to supplement or detail the Work, including but not limited to, catalog cuts of proposed equipment and assemblies.
Superintendent: A designated representative of Contractor who oversees Work at the Site and who is vested with full authority to act on behalf of and receive notices for Contractor.
SUBMISSION OF BID —
1. Bidder agrees that by submitting a Bid to the Advertisement, Bidder expressly agrees to abide and be bound by all terms and conditions herein.
2. The Advertisement is a solicitation setting terms and conditions for Bid submissions only and is not by itself an offer to enter into a Contract for Work.
3. All Bids must be submitted electronically in a form provided by the City. No Bids will be accepted in person, by U.S. Mail, by private courier service, via oral or email communication, telephone or fax transmission.
4. A Bidder may only submit one (1) Bid in response to an Advertisement for Work.
BREACH OF CONTRACT —
Any violation or breach of terms of the Contract on the part of Contractor may result in the suspension or termination of the Contract or such other remedies available under the Contract for a finding of default or that otherwise may be necessary to enforce the rights of the City under the Contract. The duties and obligations imposed by the Contract upon Contractor and the rights and remedies available to the City thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law.
CONTRACTOR THOROUGHLY INFORMED AS TO WORK —
Contractor affirms that Contractor has thoroughly examined the Advertisement, Specifications, and Site. Contractor fully understands the conditions to be encountered; the character, quality, and quantities of Work to be performed; the material to be furnished; and the requirements of the Site, Specifications, and Advertisement. Contractor assumes all risks and costs arising from a failure to comply with this provision, and the City will make no allowance or concession for such failure.
Licenses —
Bidders are required at minimum to have a Journeyman Plumbing License. It is preferred to have a Master Plumbing License.
Good Faith Commitment —
In order to demonstrate good faith commitment to these goals, all respondents are required to complete and submit with their bids the attached MDE/WBE/Veteran-Owned Solicitation and Commitment Form (which details the efforts made by the respondents to obtain such participation). Failure to submit a properly completed form along with documentation of Good Faith Commitment may result in rejection of the bid. Participants are encouraged to contact the Equal Opportunity Review Commission at 412-255-8804 to assist further. For further information, including definitions and additional requirements, please see Chapter 177A (Sections 177A.01 et. seq.) of the City Code and Section 161.40 of the City Code.
INITIATING WORK (LS) —
After execution of a Contract, Work will be initiated as follows:
1. the Director will issue a Notice-To-Proceed detailing the date when Work must begin and end.
2. Before the Notice-To-Proceed start date, Contractor must, at the option of the Director, attend a pre-construction conference where Contractor must provide: (i) a construction schedule including a proposed start date, phases (as applicable), and completion date in conformity with the City’s deadlines, (ii) a Schedule of Values that includes cost breakdowns for labor, material, and equipment, all in conformity with the rates and unit prices of the Contract, (iii) a list of Shop Drawings, as requested, (iv) a list of subcontractors and suppliers with their supporting documentation, and (v) contact information for Contractor personnel for the Project.
3. Contractor will not be permitted to commence Work until receiving written affirmation from the City that the requirements herein, as well as any specific requirements of the Notice-to-Proceed have been satisfied. Contractor’s failure to comply with the requirements herein or the Notice-to-Proceed will not be grounds to adjust the start date, end date, or any other deadlines of the Work.
TERMINATION —
The City may terminate the Contract for convenience without cause or liability at any time giving thirty (30) calendar days’ notice in writing to Contractor. If the Contract is terminated by the City as provided herein, Contractor will be paid for the time provided and expenses incurred up to the termination date. If the Contract is terminated due to the default of Contractor as provided under the Contract, Section 5.2 Breach of Contract shall apply.

Notwithstanding the above, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by Contractor, and the City may withhold any payment to Contractor for the purpose of set-off until such time as the exact amount of damages due the City from Contractor is determined.
EXECUTION OF 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 Bid.
PARTNERSHIP - At least one (1) of the partners and in the case of limited partnership at least one (1) general partner.
SOLE PROPRIETORSHIP - The individual owner.
BUSINESS OPERATING UNDER A FICTITIOUS NAME - Entities operating a business under a fictitious name must execute the Bid and Contract in the name of the entity trading and doing business as the fictitious name
TERMINATION AND DEFAULT —
1. The City may terminate the Contract at any time, without cause or liability, by giving Contractor thirty (30) calendar days advance written notice of its intention to terminate.
2. The City may declare Contractor in default for the following reasons:
  1. failure to begin Work within the time specified in the Contract or provided by the City in accordance with the Contract;
  2. failure to perform the Work with sufficient labor, equipment, or material to ensure the completion of the specified work according to the Contract terms;
  3. unsatisfactory performance of the Work;
  4. failure or refusal to remove material, or to repair or remove and replace any Work, rejected as defective or unsatisfactory;
  5. discontinuing Work without approval;
  6. failure to resume Work that has been discontinued within a reasonable time after notice to do so;
  7. insolvency, bankruptcy, or unapproved assignment;
  8. failure or refusal within (ten) 10 calendar days to make payment or show cause why payment should not be made, of any amounts due for material furnished, labor supplied or performed, for equipment rentals, or for utility services rendered, as covered by the Payment Bond;
  9. failure to protect, to repair, or to make good any damage or injury to property;
  10. failure to follow federal, state, or local law with relation to the Contract, including but not limited to the requirements of Section 177A of the City Code; or
  11. failure to abide by the terms and conditions of the Contract.
3. In addition to any other remedies afforded in law, equity, or within the Contract, the City may exercise the following remedies in the event of Contractor default:
  1. Cancellation of the Contract; or
  2. Performance of the Work by the City or the City’s subsequently procured independent Contractor with costs to be borne by Contractor for all amounts not otherwise covered by Contractor’s bond.
4. If the City determines to the City’s satisfaction that Contractor’s default is potentially curable, Contractor may be given a limited amount of time to cure a default in order to avoid a finding of default.
5. If the Contract is terminated by the City as provided in Subsection 3.4(A) herein, Contractor will be paid for the time provided and expenses incurred in the course of Work properly performed and accepted by the City up to the termination date.
6. In the event of any termination with or without fault, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by Contractor under the Contract shall, at the option of the City, become its property of the City.
BID MODIFICATIONS AND WITHDRAWAL —
Bidder waives any right to modify or withdraw a submitted Bid, except as specifically provided herein.
1. Prior to Opening, Bidders will be permitted to withdraw a submitted Bid if Bidder electronically withdraws the Bid prior to Opening. A Bidder will be permitted to modify a submitted Bid if Bidder withdraws its Bid and submits the modified Bid prior to the Bid Submission deadline.
2. After Opening, Bidder may not withdraw a submitted Bid unless Bidder provides a written request within three (3) business days of Opening, and the City finds that Bidder’s request presents credible evidence of an unintentional arithmetical error or an unintentional omission of a substantial quantity of Work, labor, material, or services made directly in the compilation of the Bid. Errors in Bidder’s judgment or general market volatility do not constitute the errors and omissions eligible for withdrawal hereunder.
EQUAL EMPLOYMENT OPPORTUNITY —
During the performance of the Contract, Contractor agrees as follows:
1. Contractor will not discriminate against any employee or applicant for employment because of race, color, ancestry, place of birth, religion, sex, sexual orientation, color, age, familial status, handicap, or national origin. Contractor shall comply with the applicable provisions of the Pittsburgh City Code, Title Six: Conduct, Article V: Discrimination, and any amendments thereto. Contractor shall comply with the applicable provisions of Title I and Title II of the Americans with Disabilities Act, and any amendments thereto and any regulations issued thereunder. Contractor shall incorporate in any subcontracts or purchase orders that may be permitted under the terms of the Contract a requirement that subcontractors shall also comply with the provisions of this Section.
2. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, ancestry, place of birth, religion, sex, sexual orientation, color, age, familial status, handicap, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause.
3. Contractor will, in all solicitation or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, ancestry, place of birth, religion, sex, sexual orientation, color, age, familial status, handicap, or national origin.
4. Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor's legal duty to furnish information.
5. Contractor will send to each labor union or representative of workers with which Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
6. Contractor will comply with all provisions of US Executive Order 11246 of September 24, 1965, as amended by US Executive Order 11375 and as supplemented in US Department of Labor Regulations (41 CFR, Part 60), and of the rules, regulations, and relevant orders of the US Secretary of Labor.
7. Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the City and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
8. In the event of Contractor’s non-compliance with the applicable federal laws, including but not limited to those provisions expressly provided in the Contract, or with any of such rules, regulations, or orders, the Contract may be canceled, terminated, or suspended in whole or in part, and Contractor may be declared ineligible for future government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
9. Contractor will include the provisions of this Section 5.4 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Contractor may request the United States to enter into such litigation to protect the interests of the United States.
INITIATING WORK (T&M) —
After execution of a Contract, Work will be initiated as follows:
1. Contracts for an indefinite amount of services or supplies upon request over a fixed period (i.e. multiple repeated Projects)
  1. If the Contract scope is for provision of an indefinite amount of services or supplies upon request over a fixed period , the Director will provide a description of requested Work for one or more Projects to Contractor in the form of a Request. Contractor must provide a Proposal, utilizing the City’s desired form, with a signed written Not-To-Exceed Amount for cost of performance of all necessary Work conforming to the rates and unit prices of the Contract. Unless otherwise stated in the Notice-To-Proceed, Contractor’s Proposal must be submitted within seven (7) calendar days of the Notice-To-Proceed.
  2. Contractor’s Proposal must include approximate start and finish dates, cost breakdowns for labor, material and equipment (including truck time, when applicable) a schedule of values with a total cost for the Project as per City-supplied construction documents, a list of Shop Drawings (to be supplied as required by the Project), a list of subcontractors and/or suppliers (when applicable) all in conformity with Bid submissions, a contact information for Contractor personnel for the Project, and any other data that may be pertinent and requested. On Projects estimated to cost-over $10,000 a minimum of two (2) subcontractor and supplier proposals must be submitted for review and approval. On large Projects, a construction schedule with periodic updates may be required to be provided by Contractor at no additional cost.
  3. If the City accepts Contractor’s Proposal, the Director will issue a Letter of Acceptance. The Letter of Acceptance will specify the Projects for which Contractor has been selected. Contractor understands that the City may grant Contractor all, some, or no Projects in Contractor’s Proposal. The Not-To-Exceed-Amount for each Project may not be exceeded except as provided in the Contract.
  4. In no start-date is provided in the Letter of Acceptance, Contractor must begin Work within ten (10) calendar days after provision of the Letter of Acceptance.
2. Contract for services and supplies to an individual Project
  1. The Director will issue a Notice-To-Proceed detailing the date when Work must begin and end.
  2. Before the Notice-To-Proceed start date, Contractor must, at the option of the Director, attend a pre-construction conference where Contractor must provide: (i) a construction schedule including a proposed start date, phases (as applicable), and completion date in conformity with the City’s deadlines, (ii) a schedule of values that includes cost breakdowns for labor, material, and equipment, all in conformity with the rates and unit prices of the Contract, (iii) a list of Shop Drawings, as requested, (iv) a list of subcontractors and suppliers with their supporting documentation all in conformity with Bid submissions, and (v) contact information for Contractor personnel for the Project.
  3. Contractor will not be permitted to commence Work until receiving written affirmation from the City that the requirements herein, as well as any specific requirements of the Notice-to-Proceed have been satisfied. Contractor’s failure to comply with the requirements herein or the Notice-to-Proceed will not be grounds to adjust the start date, end date, or any other deadlines of the Work.
Summary of the Work —
1. The scope of work for projects contemplated by the City of Pittsburgh under this Pre-Qualified contract could include (but are not limited to) the supply and installation/maintenance and rehabilitation/repair/renovation of interior and/or exterior elements of work as needed at various facilities wholly or partially owned by the City of Pittsburgh, and located within its limits. Generally, said facilities consist of fire stations, police stations, parks, recreational neighborhood facilities, City offices and other miscellaneous buildings and/or properties. “Elements of Work” include, but are not limited to new buildings, interior renovations and additions, as well as exterior rehabilitation such as: grading, excavation, demolition, general construction, steps, railings, trees, shrubs, seed, sod, timber, general landscaping including all related services and materials, masonry, paving, fencing, any related heating, venting, air conditioning, plumbing, lighting, power and other electrical services, and miscellaneous site- work [i.e. play equipment, skate board facilities, boat docks, etc.].
2. The appropriate City Department shall provide documentation consisting of the scope of the work, drawings, and specifications describing the work of each intended project as well as provide construction observation for each project initiated. The contractor shall provide all tools, equipment, materials and services, including construction management necessary to perform the work of each project in an efficient manner. Off-site fabrication time may be allowed if approved by the Department Director and is included in the proposal. City Inspector shall be permitted to verify off-site fabrication as deemed appropriate.
3. The City may conduct pre-bid meetings and/or job site visitations, coordinated by the Director of the Using Department or his/her designee. The City will instruct the successful bidder on a case-by-case basis as to the time when each location will be available for work. The Contractor will in no way interfere with the daily operations of any facility or event.
4. It is anticipated that the total expenditures for any one new construction project shall not exceed $250,000.00, but there is no minimum, or, limit to the dollar amount for maintenance, repair or new work that may be undertaken.
5. The purpose of this contract is to provide the City of Pittsburgh with services described and specified herein upon Vendor’s receipt of an order from a City User Department. This agreement will pre-qualify vendors and permit them to submit estimates for work.
COMPENSATION METHOD (LS) —
1. Compensation will be on a lump sum basis. The Not-to-Exceed Amount is stated in the Scope of Work and, including adjustments authorized in the Contract, is the total amount payable by the City to Contractor for performance of the Work. The City will have no liability for any fee, cost, or expense above the Not-to-Exceed Amount.
2. Contractor shall submit a Schedule of Values to the City before the first Invoice, allocating the entire Not-to-Exceed Amount to the various portions of the Work. The Schedule of Values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the City. The City shall have the opportunity to object to the Schedule of Values, and in the event of an objection, the City and Contractor will cooperate in good faith to agree upon a final Schedule of Values. The final Schedule of Values must be agreed to in writing by the City. This final Schedule of Values shall be used as a basis for reviewing Contractor’s Invoices. Any changes to the Schedule of Values must be submitted to the City and supported by such data to substantiate its accuracy as the City may require, and must be approved by the City in writing prior to implementation of such changes.
Service Schedule —
1. It is the intention of the City, under these specifications, to require the Vendor to furnish such services, as may be ordered by properly authorized representatives of the City within a specific number of calendar days which will be specified in each individual Scope of Work. If Vendor cannot furnish or deliver such services within said time period after the order has been given, City reserves the right to purchase the needed services from the next lowest bidder, or in the open market, and Vendor may be declared in default of the contract and contract may be cancelled.
2. Vendor will not be penalized for delays in furnishing services which have been ordered when such delays are due to peril of navigation, acts of Providence, fires, strikes and similar causes over which Vendor has no control, provided that in the event of such delay, Vendor immediately notifies City by the most expeditious means, and confirms said notice in writing, so that City may make other arrangements for procuring the services ordered (a facsimile is acceptable for this notice).
3. All services will be provided to the site designated by the City between the hours of 8:00 A.M. and 4:00 P.M., unless otherwise authorized by the City. Vendor will comply with any special requirements necessary and peculiar to the specific job, as may be described by the City at the time of the price request or contained within the Job Specification Sheet. Bids shall be submitted accordingly.
4. All services are to be performed in a professional and workmanlike manner and must comply with all industry standards as well as meeting the needs of the user department.
REPORTING ADVERTISEMENT SPECIFICATION ERRORS —
If Bidder identifies an alleged error in the Advertisement Specifications, Bidder must immediately email the Office contact identified in 1.2 above a description of the error. If an error is confirmed by the City, a bulletin will be sent to all Bidders.
OPTION TO EXTEND —
The City reserves the right to extend the Contract for up to ninety (90) calendar days after the expiration of the indicated period of the Contract under Section 1.3. When applicable, an extension notice will be issued defining the exact extension of the Contract; upon extension, all other terms and conditions of the Contract will remain in full force and effect.
CIVIL RIGHTS ACTS OF 1964 AND 1988, AS AMENDED —
Contractor agrees to comply with Title VII of the Civil Rights Act, as amended, which provides that 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.
SUBCONTRACTING —
1. None of the Work covered by the Contract will be subcontracted without the prior written approval of the City. It is further agreed that no subcontract, if consented to, will under any circumstances relieve Contractor of any liabilities and obligations under the Contract, and should any subcontractor fail to perform the Work undertaken in a satisfactory manner, such subcontract must be terminated immediately and ended by Contractor upon notice of the Office or Director to do so.
2. All Contractor agreements with permitted subcontractors must be in writing and must require all such subcontractors to comply with the requirements of Section 3.11 Bonds and Insurance, Section 3.17 Indemnification, Section 3.18 Prevailing Wage, Section 3.19 Anti-Sweatshop, Section 3.20 Steel Products, Section 3.23 Ensuring Equal Employment Opportunity For Persons Previously Convicted, Section 3.24 Compliance with Laws, and Section 3.16 Anti-Discrimination of the Contract Terms and Conditions and must incorporate such clauses into any subcontract.
3. All Contractor agreements with permitted subcontractors must provide that the City is an intended third-party beneficiary of such agreement.
4. Contractor shall be fully responsible to the City for the acts and omissions of subcontractors, and of persons either directly or indirectly employed by subcontractors, as Contractor is for the acts and omissions of persons Contractor directly employs. Contractor is also responsible for performance of the subcontractor for prices bid for the subcontracted work. The City may disallow use of any subcontractor by Contractor for whom no bid price was individually submitted with the Bid.
CLARIFICATION —
The City reserves the right to request clarification on any Bidder’s Bid prior to Award. Bidder must provide written clarification and any requested documentation to the City within five (5) business days of the request, or by an earlier deadline conveyed by the City if so designated.
Method of Service Order —
1. Order releases will be issued to Vendors from time to time, for such services as may be required and for which bid prices have been quoted to City. Vendor must accept as official such issued order from City with authorized signature, or, an e-mailed service request.
2. All Service Requests against this contact shall be coordinated, consolidated, and confirmed by the Director of the using Department (or his/her designee), and/or by the Director of the Office of Management & Budget (or his/her designee).
SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED —
Contractor agrees to comply with Section 109 of the Housing and Community Development Act of 1974, which provides that 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 Section 109 of the Housing and Community Development Act of 1974, as amended.
COMPENSATION METHOD (T&M) —
1. Compensation will be paid on a time and materials basis.
2. All compensation shall be subject to the Not-To-Exceed Amount. The City will have no liability for any fee, cost or expense above the Not-To-Exceed Amount.
PQ List Application Process —
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"):
- PQ List Application
- Certificate of Insurance
  - See example certificate with instructions
  - Insurance coverage must be maintained throughout the Agreement term, with the City provided an updated Certificate of Insurance as coverage periods are renewed.
- IRS Form W-9
- City-issued General Contractor License
- Electronic copy of Plumber License(s)
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.
NEW MATERIAL —
Unless otherwise specifically provided in the Specifications, all goods to be supplied to the City must be from new, unused, current stock.
SCHEDULING —
1. Contractor understands that time is of the essence for all dates, deadlines, and milestones under the Contract. Contractor must strictly comply with all dates, deadlines, and milestones.
2. Contractor must attend all Project control and progress meetings scheduled by the City, including but not limited to pre-construction meetings, pre-final inspection meetings, and final inspection meetings.
3. Contractor must provide, monthly and upon request, an updated construction schedule and progress report to the City including progress of construction activities, impacts on the current schedule, planned progress for the next month, and other related schedule and progress information.
SECTION 3 COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT, AND BUSINESS OPPORTUNITIES —
1. To the extent that the Work to be performed under the Contract is on a Project assisted under a program providing direct federal financial assistance from the U.S. Department of Housing and Urban Development (“HUD”) and is subject to the requirements of Section 3 of the Housing and Community Development Act, as amended, Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the Project area, and contracts for work in connection with the Project be awarded to business concerns that are located in, or owned in substantial part by, persons residing in the area of the Project.
2. If applicable, the parties to the Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of HUD set forth in 24 CFR Part 135, and all applicable rules and orders of HUD issued thereunder prior to the execution of the Contract. The parties to the Contract certify and agree that they are under no contractual obligation or other disability that would prevent them from complying with these requirements.
3. Contractor will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of Contractor’s commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
4. Contractor will include this Section 3 clause in every subcontract for Work in connection with the Project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary HUD, 24 CFR Part 135. Contractor will not subcontract with any subcontractor where Contractor has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided Contractor with a preliminary statement of ability to comply with the requirements of these regulations.
5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD issued thereunder prior to the execution of the Contract shall be a condition of the federal financial assistance provided to the Project, binding upon its successors and assigns. Failure to fulfill these requirements shall subject Contractor, its subcontractors, successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135.
BIDDER EXAMINATION OF DOCUMENTS AND WORK SITE —
1. Bidder warrants that Bidder has carefully examined the Advertisement, Specifications, and Site before submitting a Bid. The submission of a Bid will be considered proof that Bidder has made such examination and fully understands the conditions to be encountered; the character, quality, and quantities of Work to be performed; the material to be furnished; and the requirements of the Advertisement, Specifications, and Site.
2. Bidder’s Bid must be inclusive of all costs arising from the Work in the Advertisement including but not limited to fees for non-City permits or special disposal requirements or costs of toxic materials, debris, or equipment. Expenses for foreseeable costs not listed in the Bid are borne by Contractor.
Bid Process —
BID PROCESS OVERVIEW
1. Requests for quotations will be sent to pre-qualified vendors on the PQ List at that time. Detailed job specifications, descriptions, samples, and required delivery or completion dates, etc. will be provided by the City of Pittsburgh as part of each solicitation. Bid pricing must be submitted electronically by the deadline in each specific solicitation. Bidder will furnish the necessary equipment, tools, materials, transportation, and labor necessary (unless otherwise specified). Contractor will not be reimbursed any amount beyond the quoted bid price.
2. Pricing shall be inclusive of all costs necessary to furnish and deliver the work described. The City of Pittsburgh will pay only those charges specifically priced in any solicitation’s response. Where applicable and upon request; all Unit Prices, Personnel, Markup, and Equipment must be provided for each project bid, or such bid may be subject to rejection.
3. Use of subcontractors must be identified on each project estimate and approved by the Department Director or his/her designee. Such usage shall be permitted only where the subcontracted work is minor, a specialty trade, incidental to the total project, and/or more costime efficient than other means available.
4. The prices provided shall be free of all Federal, State and Local taxes; the City will provide State sales tax exemption form upon request.
5. Orders for individual scopes of work will be awarded by the City to the lowest responsible vendor that meets all the requirements of the specified job.
6. All services performed shall be invoiced at prices quoted, and in accordance with invoicing section of the bid solicitation.
7. With respect to a specific project, for which work and corresponding deadlines are set forth in a separate Bid Agreement or Letter of Authorization, Contractors must comply with the project deadlines set forth in the Bid Agreement and are subject to immediate termination for failure to comply therewith. Contractors may obtain a revised commencement and/or completion date under a particular Bid Agreement only if an extension is properly authorized by the Director of the Using Department or their designee.
8. The procedure for bidding for the award of project work required under a separate Bid Agreement or Letter of Authorization shall be as follows: The Director of the Using Department or their designee shall describe the work for each intended project in the relevant bid documents and request Prequalified Contractors to submit a bid based upon the costs associated with the completion of the work. Each bid proposal must include a bid in the City's online portal and shall be submitted as per the time frame indicated in the bid specifications, unless otherwise specified by the City. Failure of a bid to contain all required specifications set forth in the relevant bid documents shall cause the City to reject such bid. Said bid specifications shall be incorporated into the Bid Agreement or Letter of Authorization between the City and Contractor.
EMERGENCY WORK/CURBSIDE BIDDING
Occasionally the City will require a Contractor to perform emergency work where a dangerous condition requires that the City employs an escalated bid procedure known as a curbside bid.
1. Instead of circulating bid documents and requesting bids to be submitted at a later date, emergency work will be awarded via a “curbside” bid process whereby contractors are asked to come to a location – typically either the project site or designated City office at a specified time – where they will submit a bid directly to the Using Department.
2. Contractor must also have the ability to commence emergency work as requested by the City immediately upon winning the bid. Non-adherence to this clause may be cause for termination of the Bid Agreement.
3. The City reserves the right to award emergency services to more than one Contractor as necessary to ensure access to the required quantity of equipment and labor. The City will use Contractor’s emergency crews in such a manner as to ensure the availability of sufficient resources to meet the needs of the City.
CHANGES TO WORK (LS) —
1. A change in Work that will increase the Not-To-Exceed-Amount or may require an extension of the Work schedule may only be made with a Change Order executed by the Director and made in accordance with the City’s Pending Change Notice Process, including legislative authorization if applicable.
2. Minor changes to the Work that do not result in a change to the Not-To-Exceed-Amount or extend the Work schedule may be issued in writing by the Director. If Contractor believes that the proposed minor change will increase the Not-To-Exceed-Amount or require an extension of the schedule, Contractor must immediately provide notice prior to implementation of the order. Contractor’s implementation of the order without said notice waives any cost or time adjustment.
COMPLIANCE WITH RIGHT TO INVENTION REGULATION —
If applicable to the Contract and Work, Contractor will comply with 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the relevant agency.
DELIVERY POINT AND TIME —
Unless otherwise expressly provided in the Specifications, the Work to be delivered or provided must be delivered to or provided at any place or places within Pittsburgh, Pennsylvania that the City may designate. All deliveries are to be F.O.B. point of delivery. Unless otherwise expressly provided in the Specifications, Contractor must provide all Work within thirty (30) calendar days from the date of the City's request therefore.
QUALIFIED AND RESPONSIBLE BIDDER —
1. Bidders warrant that they and any proposed subcontractors are merchants dealing in the goods and Work described in the Advertisement, and that they and any proposed subcontractors are qualified and able to immediately perform all Work within the deadlines established in the Advertisement. Bidders must be able, upon request, to demonstrate, that they and any proposed subcontractors possess the organization, plant, ability, knowledge, experience, skill, capital, stock, charters, licenses, permits, patents, and personnel necessary to satisfactorily perform all Work in accordance with the Advertisement and in conformity with the best modern practices and industry standards. Bidder must provide a written response evidencing such qualifications within three (3) business days of the City’s request.
2. Award will 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. Bidder understands that the lowest-priced Bidder may not be the lowest responsible Bidder and that the lowest-priced Bid does not entitle a Bidder to Award.
Bidder agrees that upon notice by the City of an Award, Bidder must within ten (10) business days after receipt of the City’s agreement enter into a Contract with the City. If Bidder fails, refuses, or neglects to return an executed Contract, all required bonds, and all required insurance certificates, in such time; the amount of Guarantee will be forfeited and retained by the City as liquidated damages for such neglect, refusal or failure. Further, the City expressly reserves the right to recoup any and all actual costs associated with re-advertising or re-Award of the Contract that are not otherwise recovered through the Guarantee.
NOTICE OF AWARD —
Regardless of any notification of Award to any Bidder, all Bids are potentially acceptable by the City for ninety (90) calendar days from the Opening. Nothing in this paragraph is to be considered a waiver of the City's rights against a Bidder who fails to execute a Contract after receiving notification of an Award.
PRE-PRINTED TERMS OR CONDITIONS —
Contractor acknowledges and agrees that any term or condition included by Contractor in any communication or document transmitted to the City, including on purchase orders, Invoices, or other documentation, are void and of no effect to the extent that such term or condition conflicts with any term or condition contained in the Contract.
COMPLIANCE WITH THE COPELAND ACT —
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).
CHANGES TO WORK (T&M) —
1. A change in Work that will increase the Not-To-Exceed-Amount or may require an extension of the Work schedule may only be made with a Change Order executed by the Director and made in accordance with the City’s Pending Change Notice Process, including legislative authorization if applicable. All Change Orders must be calculated using the rates and unit prices of the Contract
2. Minor changes to the Work that do not result in a change to the Not-To-Exceed-Amount or extend the Work schedule may be issued in writing by the Director. If Contractor believes that the proposed minor change will increase the Not-To-Exceed-Amount or require an extension of the schedule, Contractor must immediately provide notice prior to implementation of the order. Contractor’s implementation of the order without said notice waives any cost or time adjustment.
COMPLIANCE WITH THE DAVIS-BACON ACT —
Contractor shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3148) as supplemented by Department of Labor regulations (29 CFR Part 5).
MAINTENANCE AND EXAMINATION OF FINANCIAL RECORDS —
1. Contractor must maintain books, program and financial records, documents, and other evidence pertaining to costs and expenses related to the Contract 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 the Contract. Contractor must maintain such books, records, documents, and other materials in accordance with Generally Accepted Accounting Principles, where applicable.
2. Contractor must 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.
3. Contractor’s books, records, program and financial records, documents, and other evidence pertaining to services or Work provided under the Contract must be preserved and made available for a period of three (3) years following the termination of the Contract.
4. 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 Contractor, to the City’s sole satisfaction, within thirty (30) calendar days after Contractor’s receipt of written notice of such deficiencies.
USE AND POSSESSION PRIOR TO FINAL ACCEPTANCE —
1. The City may at any time take possession of or use any completed or partially completed Work. Before taking possession of or using any part of the Work, the Director will furnish Contractor with a Certificate of Substantial Completion listing outstanding Work remaining to be completed or corrected. The City's possession or use of some of the Work will not be deemed an acceptance of all Work required under the Contract.
2. For any portions of Work for which the City has claimed possession or use, Contractor will be relieved of the responsibility of loss or damage to the Work resulting from the City's possession or use. Protection of all other Work prior to issuance of a Certificate of Final Acceptance remains Contractor’s responsibility. Contractor must repair or replace any Work damaged before such time at Contractor’s sole expense.
BID PROTEST —
Bidder understands and agrees that any protest arising from an Award can be made only in accordance with the City Code of Ordinances, including Section 161.02(g), and the applicable regulations and policies of the Office.
INSPECTIONS —
1. Contractor understands that an Inspector may be present at the Site at any time to monitor the Work. The Inspector will act as the Director’s representative on all matters in the field. The Inspector does not have authority to approve Work, accept substitutions, execute Change Orders, or approve time extensions. Contractor must fully cooperate with the Inspector. Contractor's field representative may be required to sign the Inspector's daily log as verification of hours worked by Contractor. Only actual hours that workers are engaged in Work will be logged by the Inspector.
2. Inspection and testing of materials may be required by the Director at the place of production or manufacture, at the shipping point, at the destination, and at the Site, whether installed or not. Inspection and testing, or lack thereof, of materials by the City does not relieve Contractor from responsibility for any defect therein or other failure to meet the requirements of the Contract and will not be considered as a guarantee of acceptance of any materials furnished by Contractor. Any material that is found to be defective during the tests must be removed and replaced with new by Contractor at no cost to the City.
3. Inspection and re-inspection of any portion of the Work may occur at any time before acceptance of the Work. If the City determines that Work does not meet the requirements of the Contract, Contractor must make such Work acceptable. Any portion of the Work may be rejected by the City if found not to meet the requirements of the Contract.
4. If the City deems it necessary to inspect any portion of the Work that is not visible or accessible, the portion of the Work in question must be uncovered by Contractor. If such portion of the Work is found to be in accordance with the Contract, the City will pay all costs incurred to perform this inspection. If such portion of the Work is not in accordance with the Contract, Contractor will pay all costs incurred to perform this inspection.
5. When a Certificate of Substantial Completion is issued, Contractor must arrange a pre-final inspection with the designated Inspector. At that time a “punch-list” of deficiencies and/or incomplete Work will be compiled and sent to Contractor for completion. All “punch-list” items must be completed within thirty (30) calendar days of issuance of the “punch-list” unless otherwise directed by the Director. If there are no discrepancies found at the pre-final inspection, this inspection may be considered a final inspection at the option of the Director.
6. Inspection or approval of any portion of the Work by the City will not relieve Contractor of its obligations to fulfill the requirements of the Contract including, but not limited to, Contractor’s warranty and guaranty obligations.
BONDS AND INSURANCE —
Contractor must maintain Bonds in the amount and form described in Section 2.17 and Insurance in the amount and form described in the Section 2.18 of the Bid Terms and Conditions throughout the term of the Contract. If insurance is 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

Such insurance requirements may be waived or altered at the City’s discretion, in writing, where appropriate or required by the specific circumstances of the Project at issue.
DISQUALIFICATION AND REJECTION OF BIDS —
1. The City may disqualify a Bidder and reject any Bids if the City deems such Bidder to not be the lowest responsible bidder for reasons including, but not limited to:
  1. submittal of more than one (1) Bid for the same Work from an individual, a firm, a partnership, an association, a subsidiary, an affiliate, or a corporation under the same or different name;
  2. any evidence of collusion among Bidders;
  3. any evidence of disclosure of Confidential Information;
  4. lack of competency, adequate machinery, plant, or other equipment;
  5. inability, in the sole judgment of the City, to promptly complete the Project, because of uncompleted Work;
  6. failure to pay, or satisfactorily settle, all bills due for material furnished, for labor supplied or performed, for rental of equipment used, or for services rendered by public utilities;
  7. failure to comply with any terms or conditions in the Advertisement;
  8. judgment of default under a previous agreement;
  9. Contractor currently debarred by Federal, State, or City government;
  10. material or intentional failure to comply with terms, Drawings, or Specifications on a previous agreement; or
  11. material or intentional failure to adequately maintain safety during performance of a previous agreement.
2. 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 at the City’s sole discretion, to do so. In addition:
  1. Bids will be rejected for any of the following reasons:
    1. failure to submit the Bid electronically;
    2. failure to properly sign the Bid, bond, or any other required documents as specified in the Advertisement;
    3. if the signatures are those of unauthorized persons,
    4. failure to include a price for each item in the Advertisement; or
    5. failure to include individual pricing and identified subcontractors for any work to be subcontracted,
    6. Failure to submit a MDE/WBE/Veteran-Owned Solicitation and Commitment Form as required in the Advertisement.
  2. Bids may be rejected for errors including, but not limited to, the following reasons:
    1. part of the Bid is omitted;
    2. the Bid contains omission(s) or alteration(s), addition(s) not specified, or deviation(s) of any other kind;
    3. the Bid is materially unbalanced;
    4. Bidder provides different Bid prices for an identical item number and description;
    5. failure to properly execute, approve, and return the Contract, together with the required disclosures, Surety Bonds, and the Insurance Certificate(s), as specified in the Advertisement; or
    6. failure to comply with any other term or condition of the Advertisement, as determined by the City.
COMPLIANCE THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT —
1. Where applicable, Contractor must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5)
2. No Contractor or subcontractor contracting for any part of the Work that may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which the individual is employed on such Work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one (1) and one-half (1/2) times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek.
3. In the event of any violation of the clause set forth in subparagraphs A and B of this section, Contractor and any subcontractor responsible for such violation shall be liable for the unpaid wages. In addition, Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph a of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in subparagraphs A and B of this section.
4. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of Work performed by Contractor or subcontractor under the Contract or any other federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph C of this section.
5. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs a through d of this section.
REPORTS AND INFORMATION —
Contractor shall furnish the City, at such times and in such forms as the City may require, such periodic reports as it may request pertaining to the Work undertaken pursuant to the Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by the Contract.
UNAUTHORIZED ALTERATIONS —
Any alteration, erasure, addition to, or omission of required information, change of the Specifications, or any schedule by Bidder is not permitted unless such changes are authorized by the Advertisement.
FINAL ACCEPTANCE —
After the City’s approval of the final inspection, receipt by the City of all concluding requested documentation from Contractor, and approval of the final Invoice for payment, the City will issue a Certificate of Final Acceptance certifying that all Work on the Contract has been completed as of the date of the Certificate of Final Acceptance, subject to any guaranty or warranty, expressed or implied, provided by Contractor or pursuant to the Contract. The issuance by the City of the Certificate of Final Acceptance will not be construed to be acceptance by the City of any defective Work, improper materials, or Work not otherwise in conformance with Contract.
TAXES CHARGED TO CITY —
Contractor warrants that no federal, state, or local taxes will be charged to the City for which the City is exempt. Contractor agrees that, at the City’s discretion, any charge wrongfully made for exempted taxes must be immediately returned by Contractor to the City or set-off by the City against any amounts owing to Contractor under the Contract.
PATENT RIGHTS —
No discovery or patent rights arising from any discovery or invention that arises or is developed in the course of performance under the Contract shall be exercised by or on behalf of Contractor.
INTEREST OR LATE PAYMENT CHARGES —
Bidder understands and agrees to strictly follow and comply with all City terms and conditions regarding invoicing and payment. Any conditions included in a Bid regarding invoicing or payment, such as interest requirements or late payment charges are void and without any effect.
INVOICING AND PAYMENT PROCESS (LS) —
1. The City shall make progress payments to Contractor at monthly intervals in accordance with the procedure set forth in this Section.
2. At least ten (10) days before the date established for each progress payment, Contractor shall submit to the City an itemized Invoice prepared in accordance with the Schedule of Values for completed portions of the Work. Invoices must be submitted directly to the Director. In addition to any invoicing procedures specifically required by the Director, Contractor must comply with all provisions in the Contract to receive payment.
3. Contractor understands that any Invoice submitted is subject to review and approval by the City. Only an Invoice reviewed and approved by the City is eligible for payment. Contractor agrees that all invoicing and payment will be governed strictly in accordance with the Contract and will not be governed by the default rules of 62 Pa. C.S. § 3932. In accordance therewith, Contractor acknowledges that the City will endeavor, but is not formally bound, to provide payment for an approved Invoice within forty-five (45) business days. Contractor understands and agrees that no interest or penalty will be due from the City for any payment regardless of date of payment.
4. Invoices must be submitted within thirty (30) calendar days of the completion of Work or delivery for which payment is requested. Contractor waives a right to payment for Invoices submitted more than thirty (30) calendar days after delivery of goods or completion of Work for which payment is requested. Contractor may not submit more than one (1) Invoice within a thirty (30) calendar day period.
5. Invoices shall be supported by all data substantiating Contractor’s right to payment that the City requires and shall reflect retainage, as provided in the Contract. Invoices must be itemized, sufficiently detailed, and accompanied by supporting documentation to allow for a reasonable audit of Work completed. All pricing on the Invoice must align to the pricing of the Contract. Invoices must also be consistent with amounts found in the Inspector's daily labor and material logs.
6. All Invoices must be certified by Contractor as to their accuracy and certified that all Work for which an Invoice is submitted are, at the time of Invoice submission, free and clear of all liens, claims, security interests, or encumbrances in favor of Contractor or any relevant third party.
7. Each Invoice will constitute an express representation by Contractor that:
  1. Partial payment requested has been incurred by Contractor on account of the Work or is justly due to subcontractors;
  2. Materials, equipment, and supplies for which such Invoice is being submitted have been installed or incorporated in the Project or have been stored at the Site, and that materials, equipment, and supplies covered by prior payments are not subject to any security interests or similar encumbrances;
  3. No claims have been filed or have been threatened to be filed by any subcontractor or anyone claiming through a subcontractor in connection with the Project, or if such claim has been filed or threatened, state in full the reasons therefore; and
  4. The Work which is the subject of such Invoice has been performed in accordance with the Contract.
8. Invoices must conform to the following requirements:
  1. All Invoices submitted must include the City Purchase Order number (e.g., 123456OC) and the City Controller number.
  2. If an Invoice includes labor hours, such hours must be itemized separately from the cost of materials.
  3. If an Invoice includes materials, equipment rental, or facilities rental, Contractor must provide evidence of the cost including receipts. These items are reimbursed at cost only.
  4. If an Invoice includes rental of facilities, Contractor must provide evidence of the cost, including receipts. Rental of facilities is reimbursed at cost only.
  5. If an Invoice includes subcontracted work, Contractor must submit a complete breakdown of subcontracting costs together with all subcontractors’ documentation including but not limited to the subcontractor’s direct invoice to the Contractor. Contractor must require subcontractor to provide supporting documentation to subcontractor’s Invoice consistent with the requirements for Contractor’s Invoice (i.e., labor Invoices, material invoices, equipment rental, etc.).
9. Contractor understands that the City at its discretion may withhold payment for any disputed items on an Invoice. The City may dispute items on an Invoice for reasons including but not limited to untimely or incomplete Invoice submission, failure to supply sufficient supporting documentation, unsatisfactory or deficient performance of Work, or failure to satisfactorily complete Work within designated deadlines. If the City disputes an item on an Invoice, the City will notify Contractor within fifteen (15) business days after receipt of an Invoice. The City’s approval of an Invoice and payment will not by itself constitute acceptance of Work.
10. Contractor shall pay each subcontractor the amount to which the subcontractor is entitled no later than seven (7) days after receipt of payment from the City, reflecting percentages actually retained from payments to Contractor on account of the subcontractor’s portion of the Work. Contractor shall, by appropriate agreement with each subcontractor, require each subcontractor to make payments to sub-subcontractors in a similar manner. Contractor’s payments to suppliers shall be treated in a manner similar to subcontractor payments provided in this Section. The provisions set forth in this Section are strictly for the benefit of the City in order that satisfactory morale and relations with subcontractors and suppliers will be maintained and will not under any circumstances confer any right upon any third party.
11. The City has the right to request written evidence from Contractor that Contractor has properly paid subcontractors and suppliers amounts paid by the City to Contractor for subcontracted Work. If Contractor fails to furnish such evidence within seven (7) days, the City shall have the right to contact subcontractors and suppliers to ascertain whether they have been properly paid. The City shall not have an obligation to pay or to see to the payment of money to a subcontractor or supplier, except as may be otherwise required by law.
PAYMENT OF CITY TAXES AND SET-OFF —
1. Contractor warrants that any and all taxes or municipal claims that may be payable to the City by Contractor are current and not delinquent. If any taxes or municipal claims become delinquent or owing during the term of the Contract or prior to final payment by the City, Contractor hereby grants the City the right to set-off that indebtedness against any amounts owing to Contractor under the terms of the Contract and/or any associated agreement. The City reserves the right to apply set-off payments in whatever manner it deems appropriate.
2. Contractor is responsible for payment of all local taxes, including but not limited to, the City Business Privilege Tax. These taxes are not reimbursable items under the Contract.
NO LIEN —
Contractor agrees not to file a lien or bond claim on any Work under the Contract and waives any such rights to file a lien or bond claim.
BIDDER TERMS AND CONDITIONS VOID —
Bidder’s terms or conditions included in Bidder’s Bid or any related communication or document will be void, disregarded, and of no effect. For avoidance of doubt, the terms and conditions include but are not limited to those commonly appearing on the reverse side of letters submitted with the Bid or supporting documents.
INVOICING (T&M) —
1. Invoices must be submitted directly to the Director. In addition to any invoicing procedures specifically required by the Director, Contractor must comply with all provisions in the Contract to receive payment.
2. Contractor understands that any Invoice submitted is subject to review and approval by the City. Only an Invoice reviewed and approved by the City is eligible for payment. Contractor agrees that all invoicing and payment will be governed strictly in accordance with the Contract and will not be governed by the default rules of 62 Pa. C.S. § 3932. In accordance therewith, Contractor acknowledges that the City will endeavor, but is not formally bound, to provide payment for an approved Invoice within forty-five (45) business days. Contractor understands and agrees that no interest or penalty will be due from the City for any payment regardless of date of payment.
3. Invoices must be submitted within thirty (30) calendar days of the completion of Work or delivery for which payment is requested. Contractor waives a right to payment for Invoices submitted more than thirty (30) calendar days after delivery of goods or completion of Work for which payment is requested. Contractor may not submit more than one (1) Invoice within a thirty (30) calendar day period.
4. An Invoice presented as a “lump sum” will not be accepted. Invoices must be itemized, sufficiently detailed, and accompanied by supporting documentation to allow for a reasonable audit of expenditures. All pricing on the Invoice must align to the pricing of the Contract. Invoices must also be consistent with amounts found in the Inspector's daily labor and material logs.
5. All Invoices must be certified by Contractor as to their accuracy and certified that all Work for which an Invoice is submitted are, at the time of Invoice submission, free and clear of all liens, claims, security interests, or encumbrances in favor of Contractor or any relevant third party.
6. Each Invoice will constitute an express representation by Contractor that:
  1. Partial payment requested has been incurred by Contractor on account of the Work or is justly due to subcontractors;
  2. Materials, equipment, and supplies for which such Invoice is being submitted have been installed or incorporated in the Project or have been stored at the Site, and that materials, equipment, and supplies covered by prior payments are not subject to any security interests or similar encumbrances;
  3. No claims have been filed or have been threatened to be filed by any subcontractor or anyone claiming through a subcontractor in connection with the Project, or if such claim has been filed or threatened, state in full the reasons therefore; and
  4. The Work which is the subject of such Invoice has been performed in accordance with the Contract.
7. Invoices must conform to the following requirements:
  1. All Invoices submitted must include the City Purchase Order number (e.g., 123456OC) and the City Controller number.
  2. If an Invoice includes labor hours, such hours must be itemized separately from the cost of materials.
  3. If an Invoice includes materials, equipment rental, or facilities rental, Contractor must provide evidence of the cost including receipts. These items are reimbursed at cost only.
  4. If an Invoice includes rental of facilities, Contractor must provide evidence of the cost, including receipts. Rental of facilities is reimbursed at cost only.
  5. If an Invoice includes subcontracted work, Contractor must submit a complete breakdown of subcontracting costs together with all subcontractors’ documentation including but not limited to the subcontractor’s direct invoice to the Contractor. Contractor must require subcontractor to provide supporting documentation to subcontractor’s Invoice consistent with the requirements for Contractor’s Invoice (i.e., labor Invoices, material invoices, equipment rental, etc.).
8. Contractor understands that the City at its discretion may withhold payment for any disputed items on an Invoice. The City may dispute items on an Invoice for reasons including but not limited to untimely or incomplete Invoice submission, failure to supply sufficient supporting documentation, unsatisfactory or deficient performance of Work, or failure to satisfactorily complete Work within designated deadlines. If the City disputes an item on an Invoice, the City will notify Contractor within fifteen (15) business days after receipt of an Invoice. The City’s approval of an Invoice and payment will not by itself constitute acceptance of Work.
9. Contractor shall pay each subcontractor the amount to which the subcontractor is entitled no later than seven (7) days after receipt of payment from the City, reflecting percentages actually retained from payments to Contractor on account of the subcontractor’s portion of the Work. Contractor shall, by appropriate agreement with each subcontractor, require each subcontractor to make payments to sub-subcontractors in a similar manner. Contractor’s payments to suppliers shall be treated in a manner similar to subcontractor payments provided in this Section. The provisions set forth in this Section are strictly for the benefit of the City in order that satisfactory morale and relations with subcontractors and suppliers will be maintained and will not under any circumstances confer any right upon any third party.
10. The City has the right to request written evidence from Contractor that Contractor has properly paid subcontractors and suppliers amounts paid by the City to Contractor for subcontracted Work. If Contractor fails to furnish such evidence within seven (7) days, the City shall have the right to contact subcontractors and suppliers to ascertain whether they have been properly paid. The City shall not have an obligation to pay or to see to the payment of money to a subcontractor or supplier, except as may be otherwise required by law.
COPYRIGHT —
No report, maps, or other documents produced in whole or in part under the Contract shall be subject of an application for copyright by or on behalf of Contractor.
CONFIDENTIAL INFORMATION —
Contractor agrees that all information provided to Contractor must be considered Confidential Information unless specifically designated by the City otherwise. Contractor must keep all such information confidential and must not disclose it to any other person. If Contractor is subject to disclosure required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, Contractor must immediately notify the City with sufficient time to give the City an opportunity to intervene in any such proceeding. Contractor may only disclose Confidential Information to its employees and subcontractors who must know the content of such information solely and exclusively for the Work and who first agree and are required to maintain the confidentiality of such information. Contractor must provide for the City’s review and pre-approval a list of all personnel and subcontractors with whom Confidential Information will be shared, in advance of such disclosure.
FINAL INVOICE (LS) —
1. A final Invoice must be submitted within forty-five (45) calendar days after the completion of final Work on a Project. Even if no item is disputed on a final Invoice, Contractor understands that the City may withhold payment if Contractor fails to submit all required product warranties, operation manuals, and maintenance manuals.
2. As a condition of submitting a final Invoice, Contractor certifies that the final Invoice constitutes full and complete payment of all monies owed and billable on the Project. Any exception to this should be so noted and tallied on the final Invoice. After receipt and processing of the final Invoice, the City will not accept any further Invoices and will consider the Project closed.
3. Upon request, Contractor must provide evidence with the final Invoice that any third-party obligations on Contractor arising from the Work (such as sub-contractor costs, material purchase, labor, equipment rental) have been paid, discharged, or waived.
4. Acceptance of final payment by the Contractor, a subcontractor, or a supplier shall constitute a waiver of claims by the payee except those claims previously made in writing and identified by that payee as unsettled at the time of the final Invoice.
COLLUSION BETWEEN BIDDERS —
Bidder warrants and certifies all of the following statements are true and correct for both Bidder and Bidder’s Bid:
1. The item prices and the total Bid amount have been arrived at independently and without consultation, communication, or agreement for the purpose of restricting competition with any other contractor, Bidder, or potential Bidder.
2. Neither the item prices nor the total Bid amount, and neither the approximate item prices nor approximate total Bid amount, have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before Opening.
3. No attempt has been made or will be made to solicit, cause, or induce any firm or person to refrain from submitting a Bid in response to the Advertisement, or to submit a Bid higher than this Bid, or to submit any intentionally high or noncompetitive Bid or other form of complementary Bid.
4. The Bid submitted by Bidder is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Bid.
5. Bidder has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any firm or person, or offered, promised, or paid cash or anything of value to any firm or person, whether in connection with the Work or any other endeavor, in consideration for an agreement or promise by any firm or person to refrain from submitting a Bid or to submit a complementary Bid on the Work in the Advertisement.
6. Bidder has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value to any firm or person, whether in connection with the Work or any other endeavor, in consideration for such firm’s submitting a complementary Bid, or agreeing to do so, on the Work in the Advertisement.
7. No attempt has been made to take any action in restraint of free competitive submission to the Advertisement in connection with the Bid.
8. Bidder has made a diligent inquiry of all members, officers, employees, and agents of Bidder with responsibilities relating to the preparation, approval, or submission of Bidder’s Bid and has been advised by each of them that Bidder has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made herein.
9. Bidder, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last three (3) years been convicted or found liable for any act prohibited by local, state, or federal law in any jurisdiction involving conspiracy or collusion with respect to submission to any public contract, except as indicated on a separate page attached to the Bid.
RECORDS AND AUDITS —
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 to assure proper accounting for all funds expended under the Contract, both federal and non-federal shares. The City, or any of its duly authorized representatives, shall have access to these records in addition to any other books, documents, papers, and records of Contractor which are directly pertinent to the Contract, for the purpose of audits, examinations, and making excerpts and transcriptions during and for up to three (3) years following the termination of the Contract or completion of the Work, whichever is later. These records be retained for three (3) years after the expiration of the Contract or completion of the Work, whichever is later, unless permission to destroy them is expressly granted by the City
FINAL INVOICE (T&M) —
1. A final Invoice must be submitted within forty-five (45) calendar days after the completion of final Work on a Project. Even if no item is disputed on a final Invoice, Contractor understands that the City may withhold payment if Contractor fails to submit all required product warranties, operation manuals, and maintenance manuals.
2. As a condition of submitting a final Invoice, Contractor certifies that the final Invoice constitutes full and complete payment of all monies owed and billable on the Project. Any exception to this should be so noted and tallied on the final Invoice. After receipt and processing of the final Invoice, the City will not accept any further Invoices and will consider the Project closed.
3. Upon request, Contractor must provide evidence with the final Invoice that any third-party obligations on Contractor arising from the Work (such as subcontractor costs, material purchase, labor, equipment rental) have been paid, discharged, or waived.
4. Acceptance of final payment by the Contractor, a subcontractor, or a supplier shall constitute a waiver of claims by the payee except those claims previously made in writing and identified by that payee as unsettled at the time of the final Invoice.
BID GUARANTEE —
Each Bid must be accompanied by a Guarantee in the form a cashier's check or money order, in an amount of five (5) percent of the Bid total, by a bond with corporate surety in an amount not exceeding five (5) percent of the Bid total, or by an irrevocable letter of credit issued by a bank or other financial institution duly recognized and authorized to do business in the Commonwealth of Pennsylvania.
ANTI-DISCRIMINATION —
1. In the provision of any Work under the Contract, including but not limited to the hiring of any employees or sub-contracting for the manufacture of supplies, performance of Work, or any other activity required under the Contract, neither Contractor nor any person on their behalf will in any manner discriminate on the basis of any protected class, such as race, color, religion, national origin, ancestry, place of birth, non-job related handicap or disability, age, pregnancy, childbirth, or related medical conditions and events, sex, sexual orientation, gender identity, gender expression, status as a victim of domestic violence, or hairstyles and protective and cultural hair textures and hair styles, per Title Six, Article V Discrimination of the Pittsburgh Code of Ordinances, and applicable state and federal law, as the same may be amended.
2. Contractor and each subcontractor must establish and maintain a written nondiscrimination and harassment policy and must inform their employees in writing of the policy. The policy must contain a provision that discriminatory harassment will not be tolerated and employees who practice it will be disciplined. The policy must also clearly establish a reporting protocol. Posting this Nondiscrimination/Harassment Clause conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where the contracted services are performed will satisfy this requirement for employees with a Site.
3. Contractor understands and agrees that no individual with a non-job related disability will, on the basis of the disability, be excluded from participation in the Contract or from activities provided for under the Contract in accordance with the Americans with Disabilities Act, as the same may be amended, and any federal regulations promulgated thereunder.
4. Contractor is obligated to immediately inform the Director if, at any time during the term of the Contract, Contractor becomes aware of any actions or occurrences that would result in violation of these provisions.
FEDERAL DEBARMENT AND SUSPENSION —
1. Pursuant to Executive Orders 12549 and 12689, a Contract must not be awarded to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.”
2. Contractor represents that it is not currently, nor was it at the time of placing a Bid or receiving an Award, listed on the government-wide exclusions in the SAM. Contractor must immediately notify the City if it is placed on government-wide exclusions in the SAM.
PERFORMANCE AND PAYMENT BOND —
1. Upon Award, Bidder will, within ten (10) calendar days of Award notice, furnish a Performance Bond using sufficient surety or sureties, in an amount equal to 100% of the Contract price. The bond must specify that the Work will be completed in a manner satisfactory to the City. The bond must also state that the City is not liable for any expenses incurred through the failure to complete the Work as specified, nor liable for any damages growing out of the carelessness of Contractor, Contractor’s employees, or subcontractors.
2. Upon Award, Bidder will also, with ten (10) calendar days of Award notice, furnish a Payment Bond in the amount of 100% of the Contract price.
INDEMNIFICATION —
1. Contractor must indemnify, defend (at its own cost and expense) and hold harmless the City, its officers, agents, directors, and employees, from liabilities, liens, claims, charges, damages, losses, judgments, and costs of any kind and nature, including, but not limited to reasonable attorney's fees and court costs, to the extent caused by:
  1. conduct of Contractor and persons employed or utilized by Contractor in the performance of the Contract;
  2. any act, error or omission of Contractor or its agents, employees, licensees, contractor or subcontractors;
  3. any breach by Contractor of the terms of the Contract; or
  4. any demands of Contractor or a subcontractor's laborers, workmen, mechanics, material persons, or furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the Work.
    
    Contractor must, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries, or damages arising or resulting from any Work under the Contract, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications will survive the cancellation and the term of the Contract. If any action or proceeding is brought against the City by reason of any such claim or demand, Contractor will, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City.
2. The indemnification provided above will obligate Contractor to defend, at its own expense, to and through appellate, supplemental, or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description that may be brought against the City whether performed by Contractor, or persons employed or utilized by Contractor.
3. Contractor agrees and recognizes that the City will not be held liable or responsible for any claims that may result from any actions or omissions of Contractor in which the City participated either through review or concurrence of Contractor’s actions. In reviewing, approving, or rejecting any submissions by Contractor or other acts of Contractor, the City in no way assumes or shares any responsibility or liability of Contractor or any subcontractor.
4. Contractor shall, at the City’s request, furnish satisfactory evidence that all obligations designated in this section above have been paid, discharged, or waived. If Contractor fail to do so, the City may, after having notified Contractor, either pay unpaid bills or withhold from 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 Contractor shall be resumed, in accordance with the terms of the Contract, but in no event shall the provisions of this section be construed to impose any obligations upon the City to either Contractor or any third party. In paying any unpaid bills of Contractor, any payment so made by the City shall be considered as a payment made under the Contract by the City to Contractor, and the City shall not be liable to Contractor for any such payments in good faith.
COMPLIANCE WITH THE CLEAN AIR ACT (42 U.S.C. 7401-7671q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251-1387) —
Contractor shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), Executive Order 11738, and Environmental Protection Agency (EPA) regulations (40 CFR, Part 15) prohibiting the use of facilities included on the EPA List of Violating Facilities.
LABOR HOURS (LS) —
1. If Contractor personnel reports, as directed, to the Site, and Work is cancelled because of inclement weather, breakdown, or any other just cause, as determined by the City, such personnel will only receive two (2) hours’ compensation; personnel working two (2) hours but fewer than four (4) will receive four (4) hours’ compensation; personnel working four (4) hours but fewer than six (6) will receive six (6) hours’ compensation; personnel working six (6) hours but fewer than eight (8) hours will be compensated for eight (8) hours. These terms apply only to trades people (not Superintendents, project managers, etc.) and only when such cancellation is so directed by the City. Loss of labor hours due to cancellations, delays, or other reasons resulting from any negligence, default, or failure to properly perform by Contractor is not compensable.
2. Expenses for labor hours of principals, project managers, estimators, expeditors, clerical personnel, and all other office personnel will be considered Overhead. Expenses for time spent in preparation of an estimate for each Project will be considered Overhead. Time spent preparing and securing permits, Shop Drawings, other submittals, schedules, reports, and Invoices will also be considered as part of Overhead. Overhead costs are not compensable as expensed line items.
3. Superintendent field time must be verified by Inspectors’ logbook entries. Only the Superintendents’ actual time spent on the Site will be compensated to the nearest quarter (1/4) hour. Superintendents’ travel time and office time will be considered Overhead.
4. Hours that are not considered compensable include but are not limited to: hauling or delivery of personnel, materials, supplies, or equipment to/from/within the Site and travel time for personnel to/from/within the Site. Time charged for picking up unexpected material needs, etc., may only be compensated at the lowest trade rate of the Bid and only with prior written approval of the Director.
5. Overtime Work will not be eligible for additional compensation unless such compensation method is approved by the City in writing prior to the performance of Work. If an opportunity for additional payment is approved, such time may be charged as a multiple of the appropriate hourly rate as per the Fair Labor Standard Act.
6. Attendance at scheduled Project control meetings, including but not limited to the pre-construction meeting, pre-final inspection, final inspection, as well as any other progress meetings, will be considered a pay item for one representative of Contractor.
7. Subcontractors’ labor rates including Overhead and profit for common labor classifications that are the same as those listed in the solicitation may not exceed the hourly labor rates placed in the Bid under that section for that particular trade. Billing rates for unlisted common and specialty labor may not exceed industry standard rates for that trade and must be previously and specifically approved by the City. Payroll verification for unlisted common and specialty labor must be submitted with an Invoice. Unapproved or unverified common or specialty labor payroll billings will be paid at the lowest labor rates in the Bid. Subcontractors’ verifying Invoices must be broken down by personnel (rate and hours worked), materials, and equipment in the same manner as Contractor’s Invoice.
8. Off-site fabrication time may be eligible for payment only if approved by the Director and is included in the Bid. Contractor must allow the Inspector to verify off-site fabrication to the satisfaction of the City.
9. Contractor’s schedule development and coordination activities with other entities are not compensable.
PREVAILING WAGE ORDINANCE —
Contractor agrees that section 161.16(e) of the Pittsburgh Code of Ordinances, stating that Contractor must pay at least the applicable prevailing wages as will have been determined by the City Controller pursuant to the City Service Worker Prevailing Wage Ordinance, Title I, Article VII, Section 161.38(I)(B), as the same may be amended, and as will 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, must be made a part of the Contract as fully as if attached hereto, and that Contractor will comply in all respects with the provisions thereof, insofar as the same implicates the Contract.
LABOR HOURS (T&M) —
1. If Contractor personnel reports, as directed, to the Site, and Work is cancelled because of inclement weather, breakdown, or any other just cause, as determined by the City, such personnel will only receive two (2) hours’ compensation; personnel working two (2) hours but fewer than four (4) will receive four (4) hours’ compensation; personnel working four (4) hours but fewer than six (6) will receive six (6) hours’ compensation; personnel working six (6) hours but fewer than eight (8) hours will be compensated for eight (8) hours. These terms apply only to trades people (not Superintendents, project managers, etc.) and only when such cancellation is so directed by the City. Loss of labor hours due to cancellations, delays, or other reasons resulting from any negligence, default, or failure to properly perform by Contractor is not compensable.
2. Expenses for labor hours of principals, project managers, estimators, expeditors, clerical personnel, and all other office personnel will be considered Overhead. Expenses for time spent in preparation of an estimate for each Project will be considered Overhead. Time spent preparing and securing permits, Shop Drawings, other submittals, schedules, reports, and Invoices will also be considered as part of Overhead. Overhead costs are not compensable as expensed line items.
3. Superintendent field time must be verified by Inspectors’ logbook entries. Only the Superintendents’ actual time spent on the Site will be compensated to the nearest quarter (1/4) hour. Superintendents’ travel time and office time will be considered Overhead.
4. Hours that are not considered compensable include but are not limited to: hauling or delivery of personnel, materials, supplies, or equipment to/from/within the Site and travel time for personnel to/from/within the Site. Time charged for picking up unexpected material needs, etc., may only be compensated at the lowest trade rate of the Bid and only with prior written approval of the Director.
5. Overtime Work will not be eligible for additional compensation unless such compensation method is approved by the City in writing prior to the performance of Work. If an opportunity for additional payment is approved, such time may be charged as a multiple of the appropriate hourly rate as per the Fair Labor Standard Act.
6. Attendance at scheduled Project control meetings, including but not limited to the pre-construction meeting, pre-final inspection, final inspection, as well as any other progress meetings, will be considered a pay item for one representative of Contractor only.
7. Subcontractors’ labor rates including Overhead and profit for common labor classifications that are the same as those listed in the solicitation may not exceed the hourly labor rates placed in the Bid under that section for that particular trade. Billing rates for unlisted common and specialty labor may not exceed industry standard rates for that trade and must be previously and specifically approved by the City. Payroll verification for unlisted common and specialty labor must be submitted with an Invoice. Unapproved or unverified common or specialty labor payroll billings will be paid at the lowest labor rates in the Bid. Subcontractors’ verifying Invoices must be broken down by personnel (rate and hours worked), materials, and equipment in the same manner as Contractor’s Invoice.
8. Off-site fabrication time may be eligible for payment only if approved by the Director and is included in the Bid. Contractor must allow the Inspector to verify off-site fabrication to the satisfaction of the City.
9. Contractor’s schedule development and coordination activities with other entities are not compensable.
ENERGY EFFICIENCY —
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).
INSURANCE AND WORKERS COMPENSATION —
Upon Award, Bidder must provide, within ten (10) calendar days of Award notice, a certificate evidencing the following minimum insurance coverages:
1. GENERAL LIABILITY: Single limit of Bodily Injury and Property Damage Combined:
  1. One million dollars ($1,000,000.00) each occurrence.
  2. Two Million Dollars ($2,000,000.00) aggregate.
2. AUTOMOTIVE LIABILITY INSURANCE: One million dollars ($1,000,000) for each individual occurrence and Two million dollars ($2,000,000) in aggregate coverage.
3. PROFESSIONAL LIABILITY (required only upon Office’s specific request): Coverage must protect Contractor and any of its subcontractors performing Work under the Contract, from claims errors and omissions which arise from operation of the Contract, whether such operations are performed by Contractor, any subcontractor, or anyone directly or indirectly employed by either. The amounts of such insurance must not be less than Three Million Dollars ($3,000,000) each occurrence/aggregate
4. UMBRELLA LIABILITY INSURANCE: Five Million Dollars ($5,000,000) excess liability, each occurrence/aggregate.
5. Any other insurance policies required in the Advertisement that are specific to the Work performed.
6. CITY OF PITTSBURGH must be named as "Additional Insured' on the insurance certificate on all general and automobile policies:
  1. NOTE: The name(s) of the insured on the certificate must be exactly the same as the name(s) of Contractor listed on the Bid.
  2. Insurance coverage must be an “OCCURRENCE POLICY". "Claims made” policies are unacceptable.
7. Bidder 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 the Contract is concerned. Bidder’s Bid must include either an insurance certificate evidencing that it has insured its liability thereunder in accordance with the statutory minimums of the said Acts or in the alternative a certificate of exemption form for insurance from the Bureau of Workmen’s Compensation of the Department of Labor and Industry or a substantially equivalent form certifying such status.
VERIFICATION OF QUALIFICATION (LS) —
At any time, the City may require Contractor to provide satisfactory verification (i.e., certification, employment history) of any employee tradesperson’s or subcontractor’s experience and abilities. The inability to provide verification satisfactory to the City will be grounds for that tradesperson’s removal from participation in the Work with replacement at Contractor’s expense.
ANTI-SWEATSHOP PROVISIONS —
Contractor certifies that none of their goods or products were made under any of the sweatshop conditions defined in Pittsburgh Code § 161.02(e), or as the same may be amended. If the City is presented with information that would lead the City to reasonably believe that Contractor or its suppliers may be obtaining goods or products for sale, re-sale, lease, or rental to the City that where made under a sweatshop condition, upon request of the City, Contractor must 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.
TAX EXEMPTION —
The City is exempt from Federal excise taxes and transportation taxes. Therefore, Bidder should not include any such taxes in its Bid prices. The City is exempt from state sales tax on certain construction materials. Therefore Bidder shall include in its Bid a separate itemized list of all estimated state sales tax to be collected on all materials to be supplied. Bidder's Bid price shall exclude the cost of any sales tax for exempted materials. Any payment of sales tax included in the Bid that should properly have been excluded shall be immediately remitted to the City by Contractor.
COMPLIANCE WITH ALL OTHER LAWS —
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 the Contract.
VERIFICATION OF QUALIFICATION (T&M) —
At any time, the City may require Contractor to provide satisfactory verification (i.e., certification, employment history) of any employee, tradesperson, or subcontractor’s experience and abilities. The inability to provide verification satisfactory to the City will be grounds for that tradesperson’s removal from participation in the Work with replacement at Contractor’s expense.
PAYMENT OF TAXES AND SET-OFF —
Bidder 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. A Bidder will not be given an Award if an outstanding delinquency is discovered and not resolved.
STEEL PRODUCTS —
In accordance with the Pennsylvania Steel Products Procurement Act, 73 P.S. §§ 1881 -1889 (“Act 3-1978"), if any steel products are to be used or supplied in the performance of the Contract, only steel products, as defined in Act 3-1978 can be used or supplied in the performance of the Contract or any subcontracts thereunder. Contractor certifies either that their iron or steel product conforms to Sections 106.01 and 106.10(a) of the Pennsylvania Department of Transportation’s Publication 408, and/or that Contractor will file the appropriate certification forms or waivers required by Act 3-1978 and the Buy American Act, or as the same may be amended.
COMPLIANCE WITH SECTION 6002 OF THE SOLID WASTE DISPOSAL ACT —
Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act and as further described in 40 CFR part 247.
WORK IN SECURE LOCATIONS AND COMPLIANCE WITH CJIS —
Contractor understands that work in secure facilities designated by the City, including but not limited to locations covered under the City’s CJIS security policy, may require Contractor to obtain security clearances for all assigned personnel. Contractor agrees that any such work will be performed in compliance with the City’s CJIS security policy, as applicable.
FIRM PRICE BIDS AND PRICE LISTS —
1. All Bids must be for fixed final prices only. Escalation of prices beyond the Bid price is not permitted. If Bidder submits any statements with a Bid indicating escalation or that Bid prices are not firm, such as "interest charges applied on accounts thirty (30) days or older" or "prices subject to revision", Bidder agrees that all such clauses are void and without any effect.
2. If the Advertisement requires that price lists be included in the Bid, Bidder understands that all price lists are firm final prices not subject to escalation regardless of any circumstance including but not limited to manufacturers’ price list changes. The City may use all price lists for price auditing purposes. Bidder agrees that any reference that may appear on any price list with the Bid to any terms and conditions, such as ”F.O.B. shipping point” or “prices subject to change”, are void. Bidder agrees to supply the City with copies of additional catalogues and price lists upon request.
3. Bidder agrees if receiving an Award, all Bids, prices, price lists, and catalogues must remain firm throughout the duration of the Contract.
INTEREST OF CONTRACTOR AND EMPLOYEES —
Contractor covenants that it presently has no interest and shall not acquire interest, direct, or indirect, in the Site or any parcels therein or any other interest which would conflict in any manner or degree with performance of the Work hereunder. Contractor further covenants that in the performance of the Contract, no person having any such interest shall be employed.
SUPERVISION —
Contractor will supervise and direct the Work. Contractor will be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor will employ and maintain on the Work a qualified Superintendent who shall have been designated in writing by Contractor. The Superintendent shall have full authority to act on behalf of Contractor and all communications given to the Superintendent shall be binding as if given to Contractor. The Superintendent shall be present on the Site at all times as required to perform adequate supervision and coordination of the Work.
PROHIBITION RELATED TO CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT —
Contractor shall comply with the provisions of 2 CFR § 200.216 which prohibits the procurement or obtaining of certain telecommunications and video surveillance services or equipment.
COMPLIANCE WITH PENNSYLVANIA “SARA” LAW —
The City is obligated to comply with the Pennsylvania Worker and Community Right to Know and Superfund Amendments and Reauthorization Act Title III laws. Bidder warrants and agrees if receiving an Award to submit a Material Safety Data Sheet for hazardous chemicals, if applicable. Submit all Material Safety Data Sheets to:

Office of Management & Budget, Procurement
Room 502, City-County Building
414 Grant Street
Pittsburgh, PA 15219
RIGHT-TO-KNOW ACT —
Contractor understands that the City is subject to the Pennsylvania Right-to-Know Act and that the Contract may be subject to public disclosure thereunder.
COORDINATION —
1. Contractor must cooperate with any and all other entities involved in the Project, including the City, in the scheduling of Work such that Contractor’s activities remain on schedule while not delaying or interfering with the activities of any other entity.
2. If requested, Contractor must assist in the formation, periodic updating, and distribution of a master Project schedule through coordination with other primes and subcontractors or provision of input to general contractors.
USE OF TRADE NAMES —
Bidder agrees that if the Bid describes goods by trade name, catalog number, or "as per sample", the goods so described will conform to the Specifications.
ENSURING EQUAL EMPLOYMENT OPPORTUNITY FOR PERSONS PREVIOUSLY CONVICTED —
Contractor shall comply with Section 161.16A of the Pittsburgh City Code.
PERMITTING —
1. Contractor must secure all necessary permits and licenses required for the performance of all Work under the Contract and must pay all fees, charges, and expenses arising therefrom.
2. Although the City will waive any fees and charges normally associated with issuance of City Work-related permits, Contractor is still responsible to apply for and receive such permits.
PERSONNEL —
1. Contractor represents that it has, or will secure at its expense, all personnel required in performing the Work under the Contract. All of the Work required hereunder will be performed by Contractor or under its supervision, and all personnel engaged in the Work shall be fully qualified and shall be authorized or permitted under state and local law to perform such Work.
2. The personnel involved in the Contract must not include any City elected or appointed official, officer, or employee, or any corporation, partnership, or other nongovernmental entity of which the official, officer, or employee is a member. A proprietary or pecuniary interest, whether in the Contract or a subcontract, will cause the official, officer or employee to forfeit their office or employment; such interest will also render the Contract voidable per 65 Pa. C.S. 1103(f), Home Rule Charter Sections 706, 805, and Code Section 161.17, and as the same may be amended.
COMPLIANCE WITH LAW AND SAFETY REQUIREMENTS —
1. Contractor must comply with all applicable federal, state, and local codes, regulations, and standards, including those in regard to protection of the environmental and public. Where codes, regulations, and standards are referred to herein, it is understood that such reference is to the current issue in effect at the date of the Contract, including all revisions and addenda, if any.
2. Contractor will be held responsible for the protection of the public as well as City personnel during construction. Appropriate protection includes, but is not limited to, erection of barricades, screens, or other such enclosures/precautions to protect other portions of the Site or building from dust, fumes, and all other construction debris within the Site.
3. Contractor must comply at all times with applicable federal, state, and local laws and regulations, provisions, and policies governing worker safety and health, including the Federal Construction Safety Act (Public Law 91-54), 29 CFR Chapter XVII, Part 1926, Occupational Safety and Health Regulations for Construction, and the Occupation Safety and Health Act (Public Law 91-596), 29 CFR Chapter XVII, Part 1910 Occupational Safety and Health Standards for General Industry, and subsequent publications updating these regulations. Contractor must also take any other needed action or proceed as directed to protect the life, health, and general occupational welfare of personnel employed on the Project.
4. Contractor must comply with Act No. 287 of the General Assembly, approved December 10, 1974, which defines the procedures for notification to public utilities prior to excavation, drilling, or demolition Work by use of powered equipment or explosives. For confirmation of utilities call 800-242-1776.
DOMESTIC PREFERENCE FOR PROCUREMENT —
1. As appropriate and to the extent consistent with law, Contractor should, to the greatest extent practicable under the Contract, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Contractor shall include the requirements of this section in all sub-contracts, including all contracts and purchase orders for Work.
2. For purposes of this section:
  1. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
  2. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
ESTIMATED QUANTITIES —
Unless expressly provided otherwise in the Specifications, any references to quantities of goods or frequency of Work to be provided to the City are estimates, and the City reserves the right to increase or decrease any or all of the quantities of Work, materials, and equipment or to omit any of them, as it may deem necessary, and such increase or decrease of the quantities given for any of the items will not be considered as sufficient grounds for granting an increase in the prices of the Bid. Bidder understands and agrees that there is no guarantee that any estimated quantities will in fact be realized or ordered during the Work.
COMPLIANCE WITH LAWS —
In addition to all laws explicitly referenced in the Contract, Contractor must fully obey and comply with all other federal, state, and local laws, statutes, ordinances, resolutions, and administrative regulations that are applicable to any Work performed under the Contract. Contractor agrees to maintain throughout duration of the Contract, all necessary City, county, and state licenses and approvals as applicable (including required professional licenses and exams), and to immediately notify the Office of any loss or changes of licenses and approvals.
GOVERNING LAW —
The Contract is to be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. For any lawsuit, claim, dispute, or other matter arising under the Contract, Contractor hereby consents to the courts of Allegheny County, Pennsylvania without reference to conflict of law principles.
SAMPLES —
1. Bidder agrees to deliver to the City, at the City’s request and at no cost to the City, samples of any or all items listed in the Bid. Said samples may not be returned to Bidder, at the discretion of the City. Inspection or testing by the City does not constitute a waiver of any claims or rights which the City otherwise would have with respect to the quality of goods or workmanship. The City will specify the quantity of samples. If Bidder inadvertently provides an incorrect sample or wishes to exchange the submitted sample with a correct sample, Bidder must provide a written request and explanation to the City, which may be accepted at the discretion of the City. Bidder will have only one opportunity to perform such an exchange.
2. The City, at its sole discretion, has the right to arrange for testing of samples to determine whether the samples are within Specification. The City will indicate to Bidder that the City desires testing and advise which samples are to be tested and for what purpose. The following additional guidelines must be followed:
  1. Laboratory/testing facility used must be pre-approved by the City; and
  2. Bidders are solely and fully responsible for the expenses of testing regardless of whether or not the tested sample(s) meets Specifications; and
  3. The City and Bidder must immediately communicate upon the City’s request for testing to determine which laboratory/testing facility will be used, as well as the time frame in which tests are to be conducted and reported to the City.
SUBCONTRACTING —
Contractor shall not sublet, sell, transfer or assign any portion of the Contract without prior written consent of the City and after verification of the subcontractor's current eligibility status, and after submission of all certifications as required under the Contract.
EMERGENCY WORK —
1. An emergency exists if there is a threat to life, public health or safety, improved property, or some other form of dangerous situation as determined by the Director that requires immediate action to alleviate the threat. Contractor must be prepared at any time to perform emergency Work at the Site within a four (4) hour notice.
2. Contractor must have twenty-four (24) hours a day in-person accessibility and must provide the City with the name and contact information for the designated on-call individual.
3. Contractor must be prepared to respond within twenty-four (24) hours to any requests by the City.
WORK INSPECTION AND PAYMENT PROCESS FOR CDBG PROJECTS —
If Community Development Block Grant (“CDBG”) funding is used for the Project constructed under the Contract, the following process shall apply:
1. Upon receiving the Notice-to-Proceed, Contractor must submit to the City a cost breakdown showing the amount assigned to each portion of the Work. This breakdown is not required when per unit prices form the basis of payment under the Contract. This breakdown must be reviewed by the City and any individuals so designated by the City of Pittsburgh and used as the basis for requests for payment. This breakdown should be submitted within ten (10) calendar days of the Notice-to-Proceed.
2. Contractor must furnish inspectors who must check for quality and quantity control. Quality control must include quality tests as necessary to verify conformance with technical Specifications concerning minimum quality requirements. Quantity control must include verification of in-place quantities and other records reflecting the as-built facility.
3. Upon completion or partial completion of agreed Work, Contractor shall submit to the City a certified statement itemizing rates and charges accompanied by a written inspection report. Upon the City’s determination of satisfactory work and receipt and approval of the statement certified, the City shall pay applicable fees monthly or as soon as practicable.
4. Inspection reports, copies of field measurement notes, and test results used to verify Contractor’s periods pay estimate for partial payment should be attached and filed with the periodic estimate for partial payment.
5. Upon receipt of certificates for partial payment and necessary documentation, the locality must check Equal Opportunity and Labor Standards compliance files to ensure that all requirements have been met
6. Payment to Contractor shall be made by the City according to the following schedule (as determined by the City).
7. The City shall certify on the pay request that it approved the completed work prior to making payment. If applicable, upon receipt of an approved progress schedule from Contractor, the City shall submit a drawdown request to the City for CDBG funds to pay Contractor. A turnaround time of twenty (20) to thirty (30) business days is expected before said funds are forwarded to the City.
CONFLICT-OF-INTEREST —
In accordance with applicable provisions of the City Code and Home Rule Charter, no member of the governing body of the City and no other officer, employee, or agent of the City, who exercises any functions or responsibilities in connection with the planning and carrying out of the Project, shall have any personal financial interest, direct or indirect, in the Contract; and Contractor shall take appropriate steps to assure compliance.
PIGGYBACKING —
Bidder understands and agrees that the goods and services described in the Specifications may be purchased by the City and any other governmental bodies at the prices set forth in the Bid. If receiving an Award, Bidder agrees to supply the goods and services to governmental bodies on the same terms and conditions supplied to the City pursuant to the Contract. Bidder understands that to the extent other municipal bodies purchase goods or services, such purchase would be through a separate agreement with said municipal bodies that would not include or involve the City in any form.
DRAWINGS AND TECHNICAL SPECIFICATIONS —
1. Contractor must fully comply with all Drawings and Specifications listed or associated with each Project, including but not limited to compliance in materials, equipment, and installation. Where specific standards, Specifications, and codes are referred to herein, it is understood that such reference is to the version as of the City’s Request or Notice-To-Proceed, including all revisions and addenda, if any.
2. Upon request of the Director, Contractor must provide Shop Drawings. These submittals must be furnished in a timely manner so as not to delay the progress of the Work.
3. If specifically indicated in writing by the Director, Contractor may be required to comply with the provisions of PennDOT Publication 408, as amended. In such case, if there is a conflict between Publication 408 and the Contract, the decision of the Director will control.
FORCE MAJEURE —
Neither Contractor nor the City will be held responsible for losses resulting if the fulfillment of any terms or provisions of an Award resulting from the Contract is delayed or prevented by unforeseeable causes including but not restricted to Acts of God, natural disasters, war, civil unrest, or for any other causes that are unavoidable through the exercise of due care and beyond the control of the party who is to perform.
DEBARMENT —
Bidder warrants and certifies that Bidder is not prohibited from and has no reason to believe that Bidder is prohibited from providing a submission in response to the Advertisement or entering into any Contract with the City by reason of disqualification under subsection (b) of Section 161.22 of the Pittsburgh Code.
GUARANTEES AND WARRANTIES —
1. Contractor guarantees and warrants the Work to be in accordance with the requirements of the Contract, to be fit for its intended purpose and to be free from defective and inferior materials, equipment and workmanship. Work, materials, and equipment not conforming to these requirements, including substitutions not properly approved in accordance with the Contract, will be considered defective.
2. If, during any applicable guarantee or warranty period or within two (2) years from the date of issuance of the Certificate of Final Acceptance, whichever is later, the City determines that the Work is defective, not fit for its intended purpose, or not in accordance with the requirements of the Contract, the City will inform Contractor in writing, and Contractor must promptly repair or replace such Work to the satisfaction of the City and any collateral or additional damage resulting from the defective Work within a time specified by the City, without additional expense to the City.
3. Contractor warrants that materials and equipment are of good quality, and unless specifically provided otherwise in the Specifications, all materials are from new unused stock.
4. Contractor must assign the City any warranties applicable to Work, materials, and equipment from any manufactures, suppliers, vendors, subcontractors, or otherwise. Contractor must perform Work so as to not void or otherwise invalidate such warranties.
5. Contractor understands that additional warranties of specific materials and systems may be required in Specifications of particular Projects.
INSURANCE —
1. Contractor shall not commence work under the Contract until it has obtained all the required insurance and such insurance has been reviewed and approved by the City. Contractor shall not allow any subcontractor to commence work on its subcontract until all insurance required of the subcontractor has been obtained, reviewed, and approved by the City.
2. Contractor shall file with the City all certificate(s) of insurance as are necessary to document the required insurance coverage, subject to the approval of the City and receipt of any additional forms/documentation requested, prior to final execution of the Contract and issuance of the Notice-to-Proceed. If the term of insurance expires prior to the expiration of the term of the Contract or the completion of all Work required hereunder, whichever shall occur later, Contractor shall renew said insurance in a timely manner and promptly deliver a certificate of insurance evidencing such renewal to the City.
3. Worker's Compensation. Contractor certifies that it has accepted the provisions of the Workers compensation and Occupational Disease Acts, as amended and supplemented, insofar as the work covered by the Contract. Contractor shall maintain throughout the term of the Contract, Worker's Compensation insurance in full compliance with the laws of the Commonwealth of Pennsylvania, including the Workers Compensation and Occupational Disease Acts, or shall either provide a proper certificate of exemption from insurance with the Pennsylvania Department of Labor and Industry or sign a substantially equivalent form included in the Contract certifying such status.
4. Contractor's Liability Insurance
  1. Contractor shall acquire and maintain during the term of the Contract Bodily Injury, Including Death and Property Damage Liability Insurance from a responsible and non-assessable insurance company which shall provide and include coverage on all Contractor’s Operations, Contractors Protective (Sublet) Liability, Contractual Liability, Completed Operations Liability, Owned Automobiles and Non-owned and Hired Automobiles, and other applicable coverage.
  2. Property Damage Liability Insurance shall be provided on any demolition, blasting, excavating, shoring or similar operation on an "if any" or occurrence basis. Claims made policies are not acceptable.
  3. Bodily Injury Liability limits shall be for an amount of no less than One Million Dollars ($1,000,000) for injuries, including wrongful death to any one person and subject to the same limit for each person, in an amount of not less than Two Million Dollars ($2,000,000) on the account of any one occurrence. Bodily Image Liability Insurance (i.e., General Liability Insurance) shall include the City as an additional insured.
  4. Property Damage Liability insurance shall be in an amount of not less than One Million Dollars ($1,000,000) per occurrence. General Liability shall be extended to provide "Broad Form Property Damage Liability," in an amount of not less than Two Million Dollars ($2,000,000) aggregate for damage on account of all occurrences. Property Damage Liability Insurance (i.e., General Liability Insurance) shall include the City as an additional insured.
  5. Any combination of underlying Comprehensive General/Automobile Liability coverage with Umbrella/Excess Liability coverage which provides no less than Eight Million ($8,000,000) Dollars Single Limit Bodily Injury and Property Damage Liability Insurance for Contractor will also be acceptable.
  6. The City may adjust the liability limits to coincide with local government procurement policies and practice within the limits of state and local law, or as may be appropriate under the specific circumstances of the Project at issue.
5. Builder's Risk Insurance. If indicated in the Scope of Work, Contractor shall maintain insurance to protect itself and the City, jointly, from loss incurred by fire, lightning, extended coverage hazards, vandalism, theft, explosion and malicious mischief in the full amount of the Contract and such insurance shall cover all labor and material connected with the Work, including materials delivered to the Site, but not yet installed.
6. Installation Floater Insurance. When Contractor is involved solely in the installation of materials and not in the construction of a building, an Installation Floater is required in lieu of a Builder's Risk Policy with the same general conditions applying as set forth in Paragraph E.
7. The Policies as listed above shall all contain all the following special provisions:
  1. "The Company agrees that thirty (30) calendar days prior to cancellation or reduction of the insurance afforded by this policy with respect to the Contract involved, written notice will be mailed to the City.”
  2. “The maintaining of such insurance as outlined herein shall in no way constitute a waiver of legal liability for damage to any adjoining buildings or their contents or the work and property of others on the Site beyond the limits of insurance thus maintained. Contractor shall hold the City free and harmless from any injury and damage resulting from the negligent or faulty performance of the Contract by Contractor or by its subcontractors.”
  3. “Each Contractor shall hold the City harmless from all payments for patents, either as royalty or otherwise, in the use of materials, methods, appliances, etc., that Contractor may be in any way involved in or connected with any part of its work or the work of its subcontractors.”
  4. Prior to commencement of any work under the Contract, Contractor shall furnish an electronic copy of its Insurance Certificate as evidence of coverage.
ACKNOWLEDGMENTS —
In the event that the Work hereunder is associated with the CDBG Program, where applicable, 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 a grant from the City through the Community Development Block Grant (CDBG) Program” In order to comply with ethics laws, Contractor agrees to not individually name any elected official associated with funding the Contract, regardless of whether such official holds local, state, or federal office.
INSTALLATION AND MATERIAL REQUIREMENTS —
1. Notwithstanding prior inspection or approval by the City, only materials conforming to the requirements of the Contract may be incorporated into the Work
2. Installation must be of a quality not less than industry standard for any trade covered herein.
3. All materials furnished under the Contract must be determined safe by nationally recognized testing laboratory. All material must be labeled, certified, or listed by such laboratory.
4. The City may, at its discretion, supply some or all materials required by the Contract. Quantity estimates for said material will be the responsibility of Contractor.
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 performance of the Work described in the Contract. The City also reserves, at its sole discretion, the right to solicit separately or perform itself any performance of Work that may be included in the Contract.
STATEMENT OF AFFILIATIONS —
Bidder’s Bid must include a completed Statement of Affiliations in compliance with Section 197.08 of the Pittsburgh Code.
REVERSION OF ASSETS —
If the Contract utilizes CDBG funding, upon expiration of the Contract, pursuant to applicable federal regulations including but not limited to 24 CFR 570.503 (b)(7), Contractor shall transfer to the City 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) calendar days of termination. Contractor shall give a check made payable to Treasurer, City of Pittsburgh. At the expiration of the Contract, pursuant to 24 CFR 570-503 (b)(7), any real property in Contractor’s control that was acquired or improved in whole or part with City CDBG funds in excess of $25,000.00 must either:
1. Be used to meet one of the national objectives listed in 24 CFR 570.208 until five (5) years after expiration of the Contract, or for such longer period of time determined to be appropriate by the City; or
2. If not used in accordance with subparagraph A of this section, Contractor shall pay the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. Such transfer shall occur within thirty (30) calendar days of termination. Contractor shall give a check made payable to Treasurer of the City of Pittsburgh.
SEVERABILITY —
The invalidity or unenforceability of any provision of the Contract will in no way affect the validity or enforceability of any other provision in the Contract.
EQUAL OPPORTUNITY COMMISSION GOALS AND GOOD FAITH EFFORT —
1. MBE/WBE. The City is committed to the ideal of providing all citizens an equal opportunity to participate in City contracting opportunities. Therefore, it is the City's goal to encourage increased participation of women and minority groups in all City contracts. The City requires that Bidders demonstrate good faith efforts to obtain the participation of Minority-Owned Business Enterprises (MBE's) and Women-Owned Business Enterprises (WBE's) in work to be performed under City contracts. The levels of MBE and WBE participation will be monitored by the City’s Equal Opportunity Review Commission (EORC). In order to ensure that there are opportunities for historically disadvantaged minority groups and women to participate on contracts, and consistent with the City's current equal employment opportunity practice and goals, the EORC will review contracts to include an evaluation of a Bidder’s employment of minority groups and women, to encourage goals of eighteen (18) percent and seven (7) percent respectively.
2. It is also the City's goal to encourage participation by veteran-owned small business enterprises (“VBE”) in all contracts. The City maintains an annual goal of not less than five (5) percent participation by VBEs in all contracts. The participation goal will apply to the overall dollar amount expended with respect to the contracts. The City requires that all Bidders demonstrate good faith efforts to obtain the participation of VBEs in work to be performed under City contracts. The levels of VBE participation will be monitored by the EORC.
3. Good Faith Commitment. In order to demonstrate good faith commitment to these goals, all Bidders are required to complete and submit with their Bids the attached MDE/WBE/VBE Solicitation and Commitment Form (which details the efforts made by Bidders to obtain such participation). Participants are encouraged to contact the EORC at 412-255-8804 to assist further. For further information, including definitions and additional requirements, please see Chapter 177A (Sections 177A.01 et. seq.) of the City Code and Section 161.40 of the City Code.
TESTING —
All materials must be tested in accordance with the requirements of the Contract and at the request of the Director. If testing is required, Contractor must inform the City at the pre-construction meeting of the testing laboratory it proposes to use and obtain the City's written approval of the laboratory prior to conducting tests. Any testing laboratory proposed by Contractor must be accredited by applicable states, agencies, and/or associations for the material to be tested. Contractor must notify the City designee of the date and time arranged for all testing no less than forty-eight (48) hours in advance of each event so that the Inspector may be present to observe the testing.
FEDERAL FUNDS —
The City shall incur no obligation or duty to make any disbursement whatsoever under the Contract until, pursuant to applicable law including but not limited 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 the City for said disbursements.
INTEGRATION —
The Contract embodies the entire Contract between the parties hereto and supersedes any and all prior or contemporaneous, oral or written understandings, negotiations, or communications on behalf of such parties.
STORAGE OF MATERIALS —
1. Contractor will be required to store all material and equipment in a location that will not interfere with the normal operations of other contractors, employees, or operations of the City, and in a manner that will afford such items maximum protection. The City will not guaranty the security of nor be responsible for loss, damage, or theft of stored materials or equipment in a City facility. Security of materials and equipment is Contractor's responsibility. Contractor must replace such items, as required, at Contractor’s own expense.
2. When City-owned materials are relocated by Contractor, such materials must be transported with due care in a workmanlike manner, the parts must be marked for identification, and the whole must be stored in the City’s designated stock location in Contractor's premises. Contractor may be directed to transport the material directly to a separate City-designated storage area.
3. Prior to issuance of a Certificate of Final Acceptance, a list of all City-owned materials in the possession of Contractor must be sent to the Director. Said materials must be returned, at Contractor’s expense, to the designated City facility or as directed by the Director.
COUNTERPART —
The Contract may be executed in several counterparts, each of which will be deemed original, but all of which together will constitute one and the same instrument. Signatures to the Contract transmitted by electronic means shall be valid and effective to bind the party so signing.
FEDERAL GRANT REQUIREMENTS —
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.
EQUIPMENT AND RENTAL (T&M) —
1. Contractor will not be reimbursed for the use of equipment or facilities that are normal, necessary, and basic to the performance of any trade covered herein. Non-motorized vehicles including wheelbarrows, carts, etc., and hand tools including electric motor operated hand tools, portable pipe threaders, torches for welding, cutting and soldering together with associated gas and oxygen tanks will be considered as Overhead. Trucks and trailers used for hauling, transporting, or delivery of personnel, equipment, and/or supplies will be considered as Overhead.
2. Rental of any special equipment and facilities beyond that which is normal, necessary, and basic to the performance of any trade covered herein, must be approved in writing by the Director to be eligible for compensation. Any costs arising from failure to expeditiously return any rental equipment will not be compensated by the City.
RESTORATION AND MAINTENANCE OF SURFACES —
1. Contractor must adequately protect adjacent Work, existing or new. Contractor must restore all materials, including Site paving, other Site improvements, landscaping, exterior building components and surfaces, interior building components, equipment, and surfaces that may have been damaged through Contractor’s activities to a condition equal to that before Work began, furnishing all labor and material required at Contractor’s sole cost.
2. During the installation, removal, repair, or maintenance of equipment under the Contract, it may be necessary for Contractor to move, remove, or relocate signs, fences, barriers, or other objects in order to gain access to existing equipment or to the proposed equipment Site. Contractor must perform such duties at no additional charge and must restore the Site to its original condition at the earliest opportunity.
3. Contractor must not injure trees except as may be necessary to perform Work as determined by the City. Trimming or alteration of any trees in connection with the Work or access to the Site will be done only after obtaining necessary permitting and must be performed in accordance with applicable law, including but not limited to Chapter 483 of the City Code of Ordinances and any regulations issued thereunder. under the supervision of an Inspector.
COMPLIANCE WITH BYRD ANTI-LOBBYING AMENDMENT —
1. Contractor will comply with applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).
2. 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 the Contract shall include this certification.
ASSIGNMENT —
Contractor must not assign the Contract or any right to monies to be paid under the Contract without written consent of the City.
WAIVER —
The waiver by the City of any breach or violation of any provision of the Contract will not operate or be construed as a waiver of any subsequent breach or violation hereof.
CUTTING, FITTING, AND PATCHING —
1. Contractor must do all cutting and fitting of all Work that may be required to make the related parts come together properly to receive or be received by other parts of the Work. Contractor must also do such patching of related parts and assemblies that may be required as a result of cutting and fitting Work.
2. Contractor must not endanger the stability of existing structures or any part of the Work thereof by cutting, digging, or other operations. Contractor must not cut or alter any structural components in any way save with the written consent and under direction of the Director.
3. All patching must be performed by skilled labor in the trade that originally erected the Work. Patching must be performed so as to restore any parts to their original condition prior to the Work or better.
COMPLIANCE WITH BUILD AMERICA/BUY AMERICA ACT —
Contractor will comply with the requirements of the Build America, Buy America (BABA) Act (41 U.S.C. 8301) and all applicable rules and notices, as may be amended, as applicable.
AMENDMENT —
The Contract may only be amended by written agreement of all parties to the Contract executed in the same form as the Contract.
CLEANUP OF SITE AND DISPOSAL —
1. Contractor must not allow waste material or rubbish caused by Work under the Contract to accumulate in or about the Site but must promptly and thoroughly remove rubbish and tools daily from the Site, including the immediate Work area, equipment, and scaffolding, unless otherwise approved in writing by the Director. The stockpile of stored material must be maintained in an orderly condition. Prior to a final inspection, Contractor must present the Site thoroughly cleaned and ready for use. The City may remove rubbish or perform cleanup at any time and deduct the City’s costs from Contractor’s final payment.
2. Contractor will be responsible for removal and disposal of all waste associated with the Work to an off-site location, unless otherwise indicated by the Director. Contractor will bear all responsibility, legal or otherwise, for the environmentally safe disposal of construction debris, rubbish, and waste material. Contractor must secure all permits, pay all fees, and produce documentation attesting to the legal and safe disposal of such waste.
3. Material with salvage value must be disposed of as instructed by the Director. Salvaged payments to Contractor will be returned to the City by way of a credit.
4. Special conditions for disposal of toxic or hazardous materials and/or equipment must be specifically addressed by Contractor at the pre-construction meeting, or as soon as Contractor knows or should have known about the presence of unforeseen toxic or hazardous materials. All such special conditions are subject to the approval of the City.
INDEPENDENT CONTRACTOR STATUS —
Contractor is performing as an independent contractor under the Contract. The Contract will not render Contractor an employee, partner, agent of, or joint venture with the City for any purpose.
LIQUIDATED DAMAGES —
Substantial or unreasonable delays in response times, estimated time, or non-adherence thereto, in addition to any failure to meet Project schedule deadlines or other failure to comply with the terms and conditions of the Contract will constitute cause for the assessment of liquidated damages. Contractor agrees to the Completion Date set out in the Scope of Work and acknowledges that if the Project is not completed by the Completion Date, the delay will materially interfere with the City’s operations. In the event of any such delay, it would be difficult to establish the actual damage for which Contractor is the material cause. Contractor and the City therefore agree that in the event of such delay in completion of the Project beyond the Completion Date, the amount of damages shall be as set forth in the Scope of Work and agree that Contractor shall pay such amount as liquidated damages, not as a penalty. The amount of liquidated damages if the Project is not completed by the Completion Date shall be the amount set out in the Scope of Work, which amount shall be paid for each calendar day following the Completion Date. Assessment of liquidated damages does not require filing a claim, and any such assessed damages will be immediately deducted from payments due under the Contract. The City may set off any amounts owed by Contractor for liquidated damages against any amounts owed to Contractor by the City under the Agreement. The liquidated damages provision in this Section is also subject to the provisions related to Force Majeure set out in the Contract and shall not be construed to limit any other remedy of City under the Contract included finding of default and termination under Section 3.4.
AUTHORIZATION —
The Contract, and the City’s entering into the Contract, is subject to and in accordance with a specific authorizing resolution of the City Council.
CLAIMS —
1. For any claim, dispute, or other matter arising under the Contract, Contractor must follow the procedures set forth herein.
2. Contractor must provide to the City, within thirty (30) calendar days of Contractor’s first knowledge of the beginning of the event giving rise to such claim, a written claim, which must set forth, in detail, the amount of additional compensation or time claimed, the basis for the claim and the amount claimed, and evidence regarding liability, causation, and damages, sufficient to enable the City to render a decision with respect to such claim. Contractor must also provide all documents and information supporting the claim as well as cooperate fully with the City’s requests for additional information.
3. Within ninety (90) calendar days of receiving all such information and evidence, the City will render a written decision with respect to the claim. Failure by Contractor to comply with Subsection B will be just cause for the City to deny the claim outright.
4. Unless otherwise agreed by the City in writing, Contractor must carry on and maintain the progress of the Work during any claim, dispute, or court proceeding.
RETAINAGE —
The City shall be entitled to withhold retainage in connection with applications for payment as follows: partial payment to Contractor for labor performed under either a unit or lump sum price contract shall be made at a rate of ninety-two percent of the estimates prepared by Contractor and approved by the architect/engineer. All labor performed after the Project is fifty percent (50%) completed shall be paid for at the rate of one hundred percent (100%) of the estimates submitted by the Contractor and approved by the architect/engineer. Retainage shall held until the City’s issuance of the Certificate of Final Acceptance.
HOME RULE CHARTER AND LIABILITY OF CITY —
The Contract is subject to the provisions of the Pittsburgh Home Rule Charter; and the liability of the City thereunder is limited to amounts appropriated specifically for the Contract by legislation of the Pittsburgh City Council. Contractor agrees that the City will not be made subject to any late fee, penalty, or interest charge as a condition of payment, delay, or for any other reason. In addition, in no event will Contractor hold the City liable for any special, indirect, incidental, reliance, lost profits, or other business interest damages under any circumstance.

Submission Requirements

Vendor Submission Through Email (required) —
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.
Will you need Federal Funding Supplemental Conditions (required) —
If you will need Federal Funding (CDBG, ARPA etc.) Supplemental Condition please mark yes.
Is this a Construction Project? (required) —
If yes, Construction terms will be added to all applicable sections
Will this be a one time purchase? (required) —
Please select Yes or No.
Equal Opportunity Review Commission Terms (required)

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