SLED Opportunity · PENNSYLVANIA · PITTSBURGH PUBLIC WORKS
AI Summary
The City of Pittsburgh seeks bids for South Side Park improvements Phase 1A construction under the Department of Public Works.
The City of Pittsburgh Office of Management and Budget, on behalf of the Department of Public Works, is soliciting bids from qualified firms for South Side Park improvements Phase 1A Construction.
| Event | Date | Location |
|---|---|---|
| Bid Opening | 2026-04-15T19:00:38.997Z | Office of Management & Budget Bureau of Procurement 414 Grant Street, Room 502 Pittsburgh, PA 15219 Bids will be publicly opened in the presence of a Sourcing Specialist and a representative from the Office of the Controller, or their designee. |
Copy of prebid meeting powerpoint uploaded here for vendor reference.
Addendum 1 issued and all question responses released. Solicitation changes are as follows:
Please use the See What Changed link to view all the changes made by this addendum.
Copy of Prebid Meeting Attendance Sheet for vendor/subcontractor reference.
The bid submission deadline has been extended by one week. The new bid submission deadline is now Monday April 13th at 2:00pm.
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 responsive, 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.
Disadvantaged Business Enterprise (DBE): A business owned or controlled by a majority of persons, including but not limited to members of minority groups, women, veterans, LGBTQIA+ people who are subject to racial or ethnic prejudice or cultural bias and which is certified by a third-party certifying organization.
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.
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.
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.
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.
General Construction - Base Bid
Including, but not limited to: project coordination, permits, bonds, surveying, layout, temporary fencing, removals, erosion and sedimentation control, stake out of improvements, unclassified excavation, earthwork, grading, installation of stormwater tanks, subgrade preparation & compaction, foundations, walls, plumbing – water and sanitary, concrete paving, asphalt paving, nature surface trail, timber bridge, curbs, stone work, chain link fence, handrails, electrical for lighting and other amenities, electrical panel connection, benches, trash receptacles, lighting, signage, line striping, and seeding.
All work on the drawings shall be included in the Base Bid unless noted on the drawings as an Alternate.
A. It is the intent of the City to pay all invoices resulting from work performed under an agreement within forty-five (45) calendar days from invoicing. The City CANNOT pay any INTEREST CHARGES OR LATE PAYMENT CHARGES. Any inclusion of such charges may disqualify the proposal from award consideration and/or will be disregarded by the City.
B. Invoices for payment must be received within thirty (30) calendar days of the completion of work or delivery. City reserves the right to reject, not pay, or reduce total compensation for all invoices that are submitted more than 30 days after delivery of goods or completion of services.
C. The City preserves its rights against a prospective Contractor who fails to execute a contract once it is awarded.
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.
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.
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.
Alternate One
Including, but not limited to: Concrete walk between the serpentine steps and South 18th entrance as shown on sheet SP3. Concrete curb is included in the Base Bid.
Alternate Two
Including, but not limited to: Bituminous paving (standard duty) in lieu of geoweb in the upper parking lot as shown on sheet SP1.
Alternate Three
Including, but not limited to: Tree planting as identified on the Planting Plan Drawings.
Alternate Four
Including, but not limited to: Pole foundations, light poles, luminaires, and wire for four (4) City standard light poles as shown on electrical drawings. All work associated with lighting/electrical trench, conduit, junction boxes, and other lighting shall be included in the Base Bid.
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.
After execution of a Contract, Work will be initiated as follows:
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.
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.
After execution of a Contract, Work will be initiated as follows:
During the performance of the Contract, Contractor agrees as follows:
Bidding Contractors are required to submit a Schedule of Values (SOV) alongside their bid at the bid submission deadline.
Bidder waives any right to modify or withdraw a submitted Bid, except as specifically provided herein.
A. 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.
B. 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.
This is a Pennsylvania Prevailing Wage project. The prevailing wage rates for a project must be posted by all primes and each subcontractor on-site. The rates must be accessible to all workers. Certified copies of Payroll must be submitted with all invoices. Prevailing Wages as of February 13th 2026 are attached as attachment F. Please note that this determination is for convenience of viewing, and wage determinations are subject to change at any time by the Commonwealth of Pennsylvania. It is the obligation of each Prime Contractor to remain up to date and knowledgeable on current rates.
Invoices must include the Pennsylvania Department of Labor & Industry Certified Payroll form for each Prime Contractor and Subcontractor working on site for the particular pay period. The trade must be clearly marked, and forms must include the base hourly rate and the fringe benefits for each trade.
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.
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.
In addition to any rights of termination set forth elsewhere in this Contract, the City may terminate this Contract at any time, without cause or liability, by giving Contractor thirty (30) days' advance written notice of City's intention to terminate.
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.
Bid Bonds
A bid guarantee is required for this solicitation.
Guarantees should be in the form of a surety bond, certified check, cashier’s check or letter of credit in an exact dollar amount equal to five percent (5%) of the bid. For example, a total bid of $100,000.00 should have a bid guarantee in the amount of $5,000.00.
Please upload a copy of your bid bond with your bid submission, under the Questionnaire section.
Mail hard copies of bid bonds to:
City of Pittsburgh Procurement
414 Grant Street, Room 502
Pittsburgh, PA 15219
Performance Bond(s)
A performance bond in an exact dollar amount equal to the full amount (100%) of their contract will be required from each awarded vendor for any resulting contract.
Payment Bond(s)
A payment bond in an exact dollar amount equal to the full amount (100%) of their contract will be required from each awarded vendor for any resulting contract.
Maintenance Bond
A maintenance bond in an exact dollar amount equal to 10% of their contract will be required from each awarded vendor for any resulting contract. This bond will cover a period of one year following the completion of the project and will be returned to the awarded contractor(s) once that time period has passed.
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.
The City reserves the right to extend this Contract for up to one hundred eighty (180) 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 this Contract; upon extension, all other terms and conditions of the Contract will remain in full force and effect.
A. 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.
B. 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.
Contractor shall not assign this contract or any right to monies to be paid hereunder without the prior written consent of the departmental Director. None of the services covered by this contract shall be subcontracted without the prior written approval of the City. It is further agreed that no subcontract, if consented to, shall under any circumstances relieve the Contractor of any liabilities and obligations under this Contract and should any subcontractor fail to perorm the work undertaken in a satisfactory manner, such subcontract must be terminated immediately and ended by the Contractor upon notice of the Director to do so. The contractor shall be responsible to require sub-contractors to comply with all of the insurance requirements of this agreement.
This project will be subject to the City of Pittsburgh's "CLEAN CONSTRUCTION DIESEL OPERATIONS" code requirements.
The awarded contractor shall comply with City of Pittsburgh City Code, Title One, Article VII, Chapter 161, Section 161.42.
See specific code language available online HERE.
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.
Shipping and delivery costs must be included with vendor's submitted response pricing under the Pricing Proposals section. The City of Pittsburgh will not pay for nor reimburse separate shipping, handling, or delivery fees.
Purchase orders placed under an awarded contract will be F.O.B. Destination.
Unless otherwise provided in the Specifications, all goods to be supplied to the City shall be from new, unused, current stock.
Bidders warrant that they are merchants dealing in the goods and Work described in the Advertisement, and that they are qualified and able to immediately perform all Work within the deadlines established in the Advertisement. Bidders shall, upon request, demonstrate that they 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. If requested, within 3 business days the Bidder shall provide written response evidencing such qualifications and demonstrating ability to immediately perform all Work within the scope established in the advertisement.
B. Award will be made to the lowest responsive, 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 responsive, responsible Bidder and that the lowest-priced Bid does not entitle a Bidder to an Award.
C. A “responsible” bidder is defined as one who, in the assessment of the City, has the ability to perform the contract in accordance with the City’s specifications, in a timely and workmanlike manner, has demonstrated compliance with applicable laws and a commitment to the ideal of equal opportunity for all citizens in its own employment practices as well as its use of vendors and subcontractors, has no history of fraudulent or irresponsible behavior in previous dealings with the City, and has not obtained any goods or products offered for sale, lease, rental, or consignment to the City which were made under sweatshop conditions, as defined in Section 161.02(e) of the City Code.
D. A “responsive” bidder is defined as one whose bid meets all formal requirements listed in the Invitation For Bids (IFB). A non-responsive bid is a bid that doesn’t meet the formal requirements of an IFB. A bid may be considered non-responsive if it:
E. The City reserves the right to contact bidders who have submitted a bid, but are found to be lacking required documentation. Upon notification of such deficiency, the bidder shall have three (3) business days to submit the necessary documentation. Failure to provide the required documentation within the specified timeframe shall result in disqualification of the bid as non-responsive. All submitted documentation must bear a date prior to the bid closing date; any documentation that is not properly dated will be deemed unacceptable and will result in the bid's disqualification as non-responsive.
F. 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.
G. The bidding process shall be competitive. In the event that only one vendor is deemed responsive and responsible to a solicitation, the City reserves the right to re-issue a solicitation (rebid) without opening the cost proposals to allow for a competitive process. Under these circumstances, the original bidders must re-submit their documentation and cost proposals for the reissued solicitation in order to be considered.
Unless otherwise expressly provided in the Specifications, the goods and/or services to be delivered or provided shall be delivered to or provided at any place or places within Pittsburgh, Pennsylvania which the City may designate. All deliveries are to be F.O.B. point of delivery. Unless otherwise provided in the Specifications, the successful bidder shall provide all goods and services within thirty (30) calendar days from the date of the City's request therefore.
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).
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.
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.
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).
Bidder's pre-printed Terms and Conditions and/or Contractor's specifications material and contract documents shall have no effect.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Each Invoice will constitute an express representation by Contractor that:
Partial payment requested has been incurred by Contractor on account of the Work or is justly due to subcontractors;
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;
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
The Work which is the subject of such Invoice has been performed in accordance with the Contract.
Invoices must conform to the following requirements:
All Invoices submitted must include the City Purchase Order number (e.g., 123456OC) and the City Controller number.
If an Invoice includes labor hours, such hours must be itemized separately from the cost of materials.
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.
If an Invoice includes rental of facilities, Contractor must provide evidence of the cost, including receipts. Rental of facilities is reimbursed at cost only.
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.).
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.
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.
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.
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.
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
Bidder warrants and certifies all of the following statements are true and correct for both Bidder and Bidder’s Bid:
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.
Any City information, data, instruments, documents, studies, or reports given to or prepared or assembled by or provided to the Contractor under this Contract shall be kept confidential, used only for the purpose(s) required to perform the Contract and not divulged or made available to any individual or organization without the prior written approval of the City.
Each Bid must be accompanied by a Guarantee in the form a cashier's check or money order, in an amount not exceeding 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.
Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended.
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.
If this Contract is not renewed at the end of this term, or is canceled prior to its expiration, for any reason, Contractor shall provide, at the option of the City, up to three (3) months after such end date, all such reasonable transition assistance requested by the City, to allow for the expired or canceled portion of the services to continue without interruption or adverse effect, and to facilitate the orderly transfer of such services to the City or its designees. If the City exercises this option, the Parties agree that such transition assistance shall be deemed to be governed by the terms and conditions of this Contract (notwithstanding this expiration or cancellation), except for those Contract terms or conditions that do not reasonably apply to such transition assistance.
Upon Award, Bidder must provide, within ten (10) calendar days of Award notice, a certificate evidencing the following minimum insurance coverages:
1. One million dollars ($1,000,000.00) each occurrence.
2. Two Million Dollars ($2,000,000.00) aggregate.
Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).
Contractor warrants that qualified personnel shall provide services under this Contract in a professional manner. “Professional manner” means that the personnel performing the services shall possess the skill and competence consistent with the prevailing business standards in the industry. Contractor, and any subcontractor, shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the City. Contractor, or subcontractor, shall notify the City of any desired substitution, including the name(s) and references of Contractor’s recommended substitute personnel. The City will approve or disapprove the requested substitution in a timely manner. The City may, in its sole discretion, terminate the services of any person providing services under this Contract. Upon such termination, the City may request acceptable substitute personnel or terminate the contract services provided by such personnel.
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.
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.
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.
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.
Contractor hereby agrees to indemnify, save and hold harmless, and defend City, its officers, agents and employees from and against all liens, charges, claims, demands, losses costs, judgments liabilities, and damages of every kind and nature whatsoever, including court costs and attorney’s fees arising by reason of: the performance by Contractor of any services, or provision of goods, under this Contract; any act, error or omission of Contractor or of an agent, employee or licensee of Contractor or subcontractor of Contractor; and any breach by Contractor of any of the terms conditions or provisions of this Agreement.
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.
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.
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.
The 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 shall have been determined by the Secretary of Labor and Industry to the workers employed in the performance of any contract for public work subject to the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442), as amended August 9, 1963 (Act No. 342), and the regulations issued pursuant thereto, and all supplements and amendments thereto, shall be made a part of this agreement as fully as if attached hereto, and that Contractor will comply in all respects with the provisions thereof, insofar as the same affects this Contract.
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.
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.
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
The Contractor certifies that none of their goods or products were made under any of the sweatshop conditions as 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 were made under a sweatshop condition, upon request of the City, Contractor shall disclose information, data, and materials reflecting Contractor’s practices as they pertain to the procurement and manufacturing of goods/products in compliance with the Anti-sweatshop provisions of Pittsburgh Code Section 161.02.
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.
In accordance with Act 3 of the 1978 General Assembly of the Commonwealth of Pennsylvania, approved March 3, 1978, if any steel products are to be used or supplied in the performance of the Contract, only steel products produced in the United States of America, as defined therein, can be used or supplied in the performance of the Contract.
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.
Unless otherwise provided in the Specifications, any references in the Specifications to quantities of goods or frequency of services to be provided to the City are estimates, and the City reserves the right to require the contractor to provide more or less than the estimated quantity or frequency, or to purchase none at all.
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.
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.
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.
If Community Development Block Grant (“CDBG”) funding is used for the Project constructed under the Contract, the following process shall apply:
Contractor and all Subcontractors agree that they shall comply with section 161.16A of the Pittsburgh Code of Ordinances, Ensuring Equal Employment Opportunity for Individuals with Previous Criminal Convictions, and the regulations issued pursuant thereto, and all supplements and amendments thereto, which shall be made a part of this agreement as fully as if attached hereto. Contractor will comply in all respects with the provisions thereof, insofar as the same affects this contract, subject to exceptions for public safety agreements/contracts and those entered into with other political subdivisions, the Commonwealth of Pennsylvania or the United States of America.
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.
In addition to all laws explicitly referenced in the Contract, Contractor shall fully obey and comply with all other federal, state, and local laws, statutes, ordinances, resolutions, and administrative regulations which are or should be applicable to any Work performed under this Contract. Contractor agrees to maintain throughout duration of the Contract, all necessary City, county, and state licenses, certifications, and approvals as applicable (including required professional licenses and exams), and to immediately notify the City of Pittsburgh, Office of Management and Budget of any loss or changes of licenses, certifications, or approvals.
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.
The Contract will be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, and any civil action or legal proceeding arising out of or relating to this Agreement shall be brought only in the federal or state courts in Allegheny County, Pennsylvania.
Bidder’s Bid must include a completed Statement of Affiliations in compliance with Section 197.08 of the Pittsburgh Code.
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.
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.
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:
A. The City of Pittsburgh’s Commitment to Economic Inclusion
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 Disadvantaged Business Enterprises (DBE) in all City contracts.
B. Participation Goals
C. Demonstration of Good Faith Effort
It is the City’s standard to aspire to meet the goals outlined in Section 2.29.B. If the Contractor has failed to meet these goals, they must provide a demonstration of good faith effort. In order to demonstrate good faith commitment to these goals, all Bidders shall complete and submit with their bids the documentation that demonstrates compliance with Chapter 177A as outlined below and in the attached Good Faith Effort Checklist:
D. Post-Award Requirements
If awarded the contract, Bidders are required to provide, at a minimum, a DBE utilization report to be filed with each contractor invoice payment application. See City Code Section 177A.07.
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.
Contractor shall not discriminate in its employment on the basis of race, color, religion, ancestry, national origin, place of birth, sex, age, disability, non-job-related handicap, or sexual orientation. Contractor shall comply with the applicable provisions of the Pittsburgh Code of Ordinances, Title Six - Conduct Article V Discrimination, and any amendments thereto. Contractor shall comply with the applicable provisions of the Americans with Disabilities Act, any amendments thereto, and any regulations issued thereunder. Contractor shall incorporate in any subcontracts which may be permitted under the terms of the contract, a requirement that said subcontractors also comply with the provisions of this section.
Neither Contractor nor the City shall be held responsible for losses resulting if the fulfillment of any terms or provisions of an Award resulting from the Contract is delayed or prevented by unforeseeable causes including but not restricted to Acts of God, restraint of Government, natural disasters, war, civil unrest, or for any other causes which are unavoidable through the exercise of due care and beyond the control of the party who is to perform.
The City reserves the right at its sole discretion to utilize other contracts (such as Commonwealth of Pennsylvania or County of Allegheny contracts) for the goods or services described herein. The City also reserves, at its sole discretion, the right to solicit separately or perform itself any performance of Work that may be included in this agreement.
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.
Prior to Bid Closing, the point of contact for all related questions is the Sourcing Specialist listed in the Advertisement.
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.
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.
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.
This 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.
Contractor must not assign the Contract or any right to monies to be paid under the Contract without written consent of the City.
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.
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.
This Contract may only be amended by written agreement of all parties hereto, duly executed, and pursuant to necessary legislative action.
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.
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.
The City of Pittsburgh will only accept and approve change orders under one or more of the following circumstances:
Any request for a change order must clearly identify the applicable criterion, provide sufficient documentation to substantiate the claim, and be submitted for review and written approval by the City prior to execution of any additional work. The City reserves the right to deny any change order request that does not meet these criteria or lacks adequate justification.
Change orders may also be required for administrative purposes, in cases where there has been a reduction in services or materials, and the City receives a rebate from the Contractor as a result.
This Agreement is entered into by the City of Pittsburgh pursuant to City Code § 161.01A and subsequent authorizing resolution.
In the event any governmental restrictions are imposed which necessitate alteration of the goods, material, quality, workmanship, or performance of the Services offered prior to acceptance, it shall be the responsibility of the Contractor to notify the City immediately, in writing, indicating the specific regulation which required such alterations. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract.
Unless otherwise provided by special terms and conditions or Specifications, any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage, or shipment.
The Contract is subject to the provisions of the Pittsburgh Home Rule Charter; and the liability of the City thereunder is limited to amounts which have been, or may be, from time to time, 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.
Please download the below documents, complete, and upload.
Please upload your completed Schedule of Values here, respective of your trade. Please utilize the AIA G702 format.
Please download the below document, complete, and upload. Pursuant to Section 2.8 of this Solicitation and Section 177A of City Code, failure to complete the EORC Participation Form may result in the City deeming your proposal/response non-responsive.
NOTE: Section 2.29 of the Bid Terms & Conditions does NOT apply to this project in its entirety; Please use the attached form to demonstrate your commitment to meeting the MWDBE participation goals enumerated in 2.29B.
Please download the below document, complete, and upload.
Please download the below document, complete, and upload.
Please download the below document, complete, and upload.
Please upload your Bid Bond here. Bid Bonds must be in the exact dollar amount equal to five percent (5%) of your total cost proposal.
Hard copies should be mailed to: City County Building, 414 Grant Street, Room 502, Pittsburgh, PA 15219.
Please download the below documents, complete, and upload.
Note CD - Davis-Bacon Wage Determination, CD - Affirmative Action Requirements, and CD - 29 CFR Part 5 are attached only as a reference and do not need completed and uploaded.
Provide the name, title, & email address of the authorized signatory for your company (for details on who is considered an authorized signatory, please look at our terms & conditions section)
If you will need Federal Funding (CDBG, ARPA, etc.) Supplemental Condition please mark yes.
Click all that apply
If yes, Construction terms will be added to all applicable sections
Please select from the options below.
NOTE: This question is not intended to include fixed-price, fixed-term, indefinite-quantity City contracts, such as general asphalt paving or milling.
Is a Pre-Bid / Pre-Proposal meeting required?
Pre-Bid / Pre-Proposal meetings are required on:
Professional Services over $50,000.00
Construction over $250,000.00
Please enter the location for the meeting.
If a site visit is required, you must provide a physical address. If there is no natural location, please note that and Procurement will work with neighborhood services to determine a location.
If a site visit is not required, you may elect to hold a virtual and/or hybrid meeting.
Please enter the anticipated meeting date.
Please note: Pre-Bid / Pre-Proposal meeting date may not occur earlier than 2 weeks from the release of the solicitation live to the public.
Format of date shall be - MM/DD/YYYY
All Pre-Bid / Pre-Proposal meetings shall have a Power Point presentation. Please note any A/V needs for the location.
If unknown, please enter "Unknown at this time"
Q (Pre Bid Walkthrough (non mandatory)): Will there be a pre bid walkthrough conducted by the city to answer any questions?
A: The virtual Prebid Meeting is the only city-hosted prebid meeting for this solicitation. The site is open and available to all vendors to visit at their convenience.
Q (Topsoil Depths): 1. What are the required depths of topsoil for the Mowed Seeding, No Mowed Seeding and Planting areas? In Spec section 32 91 13.23-1 Section 3.03 D. Indicates to "Install topsoil as indicated on Drawings and as per Section 32 92 00 "Turf and Grasses". Which drawings or Spec Section are these depths listed/specified?
A: CLARIFICATION: Per Specification Section 32 92 00 – Turf and Grasses, Section 3.04 – Topsoil (Planting Soil) Installation, Item D: “In areas NOT included in the Engineered Soils Mix limits as identified on the Drawings and identified on the Planting Plan to receive Mowed Lawn, Low Mow, and Rain Garden seed, install 6 inch depth of Planting Soil.”
Q (Topsoil Depth for Naturalized Open Channel Perimeter): 2. Detail 1 on drawing C705 shows the cross section of the Naturalized Open Channel and indicates a topsoil depth of 8". What drawing does this correspond with that shows the extent of this cross section?
A: REVISION: The extents of channels CH-A, CH-B, and CH-C are shown on sheets C501- C503. Note that the depth of topsoil has been revised from 8” to 6” for consistency across seeding areas. See revised drawings C501-C503, and C705.
Q (Rain Garden Seeding Area): 3. Is there a detail or cross section for the Rain Garden Seed Mix that is adjacent to the Natural Trail?
A: REVISION: A typical section detail (4/C705) for the bioretention areas adjacent to the Nature Trail has been added to sheet C705. See revised drawing C705.
Q (ERNMX-122): 4. On Drawing ESC 7.1 it lists Wetland Meadow Mix ERNMX-122 or approved equal. Where is the seed mix located on Drawings PP1-PP3?
A: CLARIFICATION: There are 3 seed mixes included in the project: Mowed Lawn (Griffith A-Mix or approved equal), Low Mow (ERNMX-186 or approved equal), and Rain Garden (ERNMX-180 or approved equal). Use the Rain Garden Mix (ERNMX-180 or approved equal) in place of the Meadow and Wetland Meadow Mixes indicated on Sheet ESC7.1; ERNMX-122 is not used on this project. Refer to Sheet PP0 for the seed mixes and Sheets PP1-PP3 for locations of the seed mixes.
Q (Mandatory Walk-Through): Could there be another walk-through date or the mandatory nature removed?
A: The virtual Prebid Meeting held on March 10th was the only city-hosted prebid meeting for this solicitation. The City does not intend to change the mandatory attendance requirement.
Q (Bid Bond Information): Following information is required to provide a bid bond. - We could not locate a bid bond form in the specifications. Is it acceptable to use AIA version? - Is there an anticipated duration that the City has in mind for project completion? - Are there liquidated damages on the project? We cannot locate this information in the specifications.
A: AIA format is acceptable for the bid bond. The construction timeline is estimated to be June 2026 - May 2027. We did not include a section for liquidated damages on this solicitation.
Q (Missing Spec Section): Could you please address the missing spec section 04 40 00 for "Stone Assemblies"?
A: REVISION: Specification Section 04 40 00 – Stone Assemblies is included with this addendum.
Q (Unit Pricing Sheet): Unit Price #3 - Paving Subbase Repair is in SY. Need to know the depth of the repair. Or listed in CY Unit Price #22 - How do you quantify the fabric, stone and underdrain by CY? Unit Price #23 - Should this be in tonnage (Tons) instead of CY? How are we to calculate the CY of the stone we are using from the water authority (how many boulders are to be installed by GC, and how much chilling needs done to those boulders so they fit in the new "wall"?
A: REVISION: Make the following changes to Specification Section 01 22 03 – Unit Prices: 1. Item No. 3, Bituminous Paving subbase repair – revise to read “Unit of Measurement: Cubic Yard” 2. Item No. 22 , Unanticipated Seep Drainage – revise to read “Unit of Measurement: Linear Foot” 3. Item No. 23, Sandstone Boulders and Rip-Rap – revise to read “Unit of Measurement: Ton” Note, the sandstone boulders under Item No. 23 are not provided by the “water authority”, are for use in the stormwater conveyance swale, and are not intended for the stacked sandstone block compound weir detailed in 3/C705.
Q (Rubber Mulch): Detail 3 of CD1 and Spec Section 32 18 16 calls for rubber mulch. But who is responsible for furnishing and installing it? It this the responsibility of the GC or by the city hired vendor?
A: The City will purchase/install with separate vendor. GC is responsible for preparing subbase.
Q (Safety Surface Area): Can you please clarify who is responsible for furnishing and installing the safety surface? What is the thickness of new safety surface? What is the specification for the geotextile under the safety surface?
A: CLARIFICATION: Playground Safety Surface will be furnished by the Owner and installed by the Play Surface Vendor. Contractor will furnish and install underdrains, geotextile, and gravel base per Detail 3/CD1 “Bonded Rubber Mulch” and Sheet C502 (underdrain sizes and locations). Contractor shall coordinate all work with Play Surface Vendor, including thickness of new safety surface. Per Specification Section 31 32 19 – Geosynthetic Soil Stabilization and Layer Separation, Section 2.01 Materials, Item B: “Fabric for under bonded rubber mulch: PENNDOT Class IV, Type A, non-woven geotextile, Carthage Mills FX110HS, or approved equal (1-800-543-4430). Submit product literature for approval.”
Q (Drawing CD8 vs Spec Section 11 68 13 vs Cover Sheet): Who is responsible for the: Flower Chimes Tenor Tree Chimes Loose Materials for Bird Nest
A: CLARIFICATION: The Flower Chimes and Tenor Tree Chimes will be furnished and installed by the Contractor. Loose materials for the Bird Nest are not included in the project; materials will be provided by the Owner after the completion of work.
Q (Football Season): Could you please define/clarify: The football season schedule so we can coordinate the laydown area Where should the access and barricades be provided Are there any phone numbers that you could provide so GC could coordinate with the Football Teams
A: City will coordinate with the football team on behalf of Contractor. Permit schedules have not been released for Fall yet but dates will be shared when available.
Q (Winter Conditions): Will the city plow/treat the road to the park in the winter months, or should this be including in GC Winter Conditions?
A: The City will provide winter maintenance in the ROW.
Q (Job Trailer): Does the city require the GC to provide them (the city) with a job trailer and associated utilities?
A: Yes a job trailer is required that is large enough to accommodate construction meetings.
Q (Concrete Mix Designs): Could you please clarify the mix design (PSI) for Class AAA concrete called out on CD-1 detail 1 and 2?
A: CLARIFICATION: As the minimum requirement, the concrete design mix shall meet the PSI indicated in Specification Section 32 13 13 – Concrete Paving, Section 2.01, Item A.1 (4,000-5,000 psi in 28 days).
Q (Temp. Construction Fence): On Detail 3/CD4 it mentions a 6'Ht. Temp Construction fence. However, on drawings ECR1,2,3 there is only Tree Protection Fencing. Where is the Temp Construction fence located?
A: CLARIFICATION: The location of the Temporary Construction Fence is at the discretion of the Contractor as needed to secure the site and will be coordinated with the Owner’s Representative. Temporary Construction Fence locations may change during construction operations based on the Contractor’s sequence of construction.
Q (Ex. Pavement Depth): What is the depth of the existing "pavement" that is to be removed that is located on drawings ECR1,2,3?
A: CLARIFICATION: Refer to Specification Section 02 30 00 – Geotechnical Reports for pavement depths at boring locations. Pavement depths at other locations will be determined as work progresses.
Q (Football Field Staging Area): It was mentioned in the pre-bid that the football field shall be a possible staging area for this project (Drawing ESC-2). However, there is no mention of the rehabilitation of the football field. Can you please provide this information?
A: CLARIFICATION: Areas of the field disturbed for construction and/or staging shall be restored per the specifications for mowed lawn under Section 32 92 00 – Turf and Grasses, including topsoil and subgrade preparation. All active existing utilities and field features shall be protected and shall be repaired if damaged during construction except for irrigation. The existing irrigation system is not functional and therefore does not need to be repaired. Given the presence of underground utilities in proximity to the proposed rock construction entrance at the football field gate, it is recommended that the Contractor use a track out pad in lieu of a traditional rock construction entrance. The Subsurface Utility Investigation Report performed by GPRS, Inc. dated 6/22/2020, provides more detail on the extent of the underground utilities and irrigation system at the football field; it is included with this addendum. If the field is used for staging, the Contractor may also use the grassy area to the northwest of the football field (between the bleachers and concession stand) for staging to minimize disturbance to the field of play. This may require temporary removal of a section of 3’ tall chain link fence to access the northwest corner of the field area and protection of existing electrical equipment. The 3’ tall chain link fence shall be reinstalled to the pre-construction condition at no cost to the Owner.
Q (Discrepancy with the Tree Protection Fencing): On Detail 6/CD4 it shows a 6'Ht. Tree protection fence with Steel T posts. However, on Detail 2/ESC9 it is showing a 4' min. Temp Plastic Mesh Fence (Orange). Which is correct? Also the ESC drawings do not match up with the ECR drawings. Which ones should we use for Tree Protection Fencing?
A: CLARIFICATION: Use Detail 6/CD4 – Tree Protection Zone instead of Detail 2/ESC9. Refer to Sheets ECR1-ECR3 for tree protection fence locations.
Q (Inlet Protection): Which Inlet Protection Detail is associated with Ex. STORM IN-B01 - IN-B10, EX. IN-01 - IN-03, EX. IN-12 and STORM IN-A04 - IN-A06? These are found on drawings ESC1-ESC3.
A: CLARIFICATION: Type M inlet filter protection shown in detail 1/ESC8 should be used on all grate-inlets found on drawings ESC1-ESC3. IN-A06 is a maintenance access port with a solid cover and does not require an inlet filter bag if the structure remains covered during construction.
Q (Discrepancy with Compost Filter Sock size): On drawing ESC 1 there is an annotation that reads "CF-5 @ 24". However, on the chart on detail 4/ESC8 it lists #5 @ 18". Which is correct?
A: CLARIFICATION: The chart on detail 4/ESC8 is correct; CF-5 should be 18”.
Q (Wash Out Discrepancy): On drawing ESC 1-ESC 3 it appears there is only one washout. However on the chart on detail 4/ESC8 it lists 2. Which is correct? Also it references detail 6/ESC8. This should be detail 6/ESC9.
A: CLARIFICATION: Only one concrete washout is needed for Phase 1A; the correct detail is 6/ESC9.
Q (Missing Silt Socks): The chart on detail 4/ESC8 it lists CF-9 - CF-13 and CF-SS3, SS4. Where are these located?
A: CLARIFICATION: The missing silt socks in question are located in Phase 1B and should have been removed from the table in detail 4/ESC8 for Phase 1A.
Q (Discovery Garden Signs): Are the signs located on Details 3,4,5 on Drawing CD10 provided by owner or is the contractor responsible for the signs? Who is the manufacturer?
A: CLARIFICATION: The Discovery Garden Signs (Details 3/CD10, 4/CD10, and 5/CD10) will be furnished and installed by the Contractor. Per Specification Section 10 14 00 – Custom Signage, Section 2.01 Discovery Garden Signage, Item A: “Fabricated by Advance Sign (www.advancesignco.com), 1010 Saw Mill Run Boulevard, Pittsburgh, PA 15226 or approved equal.”
Q (8"d. Concrete (Located in the Unit Prices Spec)): In Spec Section 012200-2 H. (Unit Prices) Item No. 8 it lists Concrete Paving 8" Thick. However, I don't see any 8" thick concrete on drawings SP1-SP3. Can you please identify where the 8" of concrete paving is located?
A: REVISION: Make the following changes to Specification Section 01 22 03 – Unit Prices: 1. Delete Item H – Concrete Paving (8” Thick).
Q (Channel and Weir Details - C705): Could you please provide some information on the following: Where exactly are these boulders located (which DPW yard)? Whose responsibility will it be to load them and then get them to site? Roughly how many boulders do you expect to need for this project?
A: CLARIFICATION: Boulders are located on-site within the former DPW storage yard at the end of South 21st Street and near the proposed playground area and timber steps (see attachment J for general locations). Contractor will coordinate with the Owner’s Representative for boulder selection and placement, and is responsible for relocation and installation of boulders. Refer to Sheet SP2 for approximate number and location of site-salvaged boulders.
Q (C705): Page C705 shows an alternate bid for concrete weirs vs sandstone weirs across the new rip rap channel. But the alternate bid form only has 4 alternates, none of which relate to substituting concrete to sandstone. Please advise.
A: REVISION: Make the following change to the Bid Form: 1. Add Alternate Five: Including, but not limited to: Sandstone block compound weir in lieu of Reinforced concrete compound weir as shown on sheet C705.
Q (Bid Alternate 2): Bid Alternate 2 states in lieu of Geoweb to use Standard Duty Bituminous paving in the upper lot as shown on sheet SP1. Can you please clarify as the finish elevations would be different?
A: CLARIFICATION: Finish grade will be as shown on Sheets GP1, GP2, and GP3. Contractor will adjust subgrade elevations as necessary dependent on final surface.
Q (CCTV for underground piping): How should the G.C. quantify the lengths and sizes of existing underground piping that is to cleaned by water jets and inspected by CCTV? Same question with regards to manholes & inlets.
A: REVISION: Make the following changes to Specification Section 01 22 03 – Unit Prices: 1. Item No. 12, Storm and Sanitary Manhole Cleaning – revise to read “Unit of Measurement: Crew-Hour” 2. Item No. 13, TV Inspection of Sewer and Storm Pipelines – revise to read “Unit of Measurement: Crew-Hour”
Q (Tree Protection Fencing): Regarding temporary tree protection; specs call for 6' high chain link fence, but detail 2 on drawing ESC9 says the temporary fencing is to be 4' high orange plastic mesh. Please clarify.
A: CLARIFICATION: Use Detail 6/CD4 – Tree Protection Fence instead of Detail 2/ESC9. Refer to Sheets ECR1-ECR3 for tree protection fence locations.
Q (ECR1 ): It states to clean out and protect the buried concrete ditch behind the fence. And is the same as the drainage channel? Could you please elaborate on how to protect it once cleaned?
A: CLARIFICATION: There is an existing concrete ditch running the length of the fence behind the playground area. A portion of the concrete ditch is buried with leaves and other debris, while the remaining portion is holding debris but still visible. The entire length should be cleaned out to allow the concrete ditch to function. After the concrete ditch is cleaned out, protect it from damage resulting from construction operations. The concrete ditch should be free of debris at substantial completion.
Q (Fencing at Existing Playground and Basketball Area): States to protect the curb around the existing play space, does this also include the curb along the East and North side of the basketball court. But the specs call for the fence post footers to be removed.
A: CLARIFICATION: Curbs around the perimeter of the existing play space, including curbs along the east, south, and west sides of the basketball court, will be protected - except for any existing curb on the north side of the basketball court. Existing curb and fence post footers on the north side of the basketball court will be removed along with the adjacent pavement. Fence removal where curb will remain: Per Specification Section 02 41 13 – Selective Site Demolition, Section 3.06 Site Removal and Demolition, Item I: “Removal of Existing Fence Posts and Fabric at Quarry Field Playground (proposed upper parking lot): Remove fence fabric and cut posts flush with existing curb. Fill voids with non-shrink grout as described in Specification Section 033053 "Cast-in-Place Concrete”.
Q (Existing Fill Materials ): Geotechnical report mentions that man made materials are in the existing fill material found in certain test borings. If excavation and backfill operations reveal some earth fill that is deemed to be unsuitable for backfilling at paved areas, and it needs hauled away with new imported fill used in lieu of; will that be a unit price add change order? It's not currently on the Unit Price Sheet.
A: CLARIFICATION: Per Specification Section 31 29 99 – Earth Moving, Section 1.04 Definitions, Item E, the Contractor is responsible for removal of material encountered above subgrade elevation and to lines and dimensions indicated. Excavation is “unclassified” and includes (without limitation thereto) excavation and removals of soil and subsurface material encountered, regardless of classification. No additional compensation for excavation to proposed subgrades will be paid. Per Section 2.01 Soil Materials, Item A, the Contractor is also responsible for providing borrow soil materials when satisfactory soil materials are not available from excavations to meet subgrade elevations. If unsuitable materials are discovered below subgrade elevation, refer to Detail 1/CD5 – Over excavation and Backfill for Planted Areas (Unit Price Sheet, Item #1) or Detail 3/CD5 – Subgrade Undercut (Unit Price Sheet, Item #2) for paved areas.
Q (Unforeseen Conditions (Rock)): If "unrippable" rock is encountered during any excavation operations; will that be an add change order using the Unit Price Sheet, Item #18?
A: CLARIFICATION: Specification Section 31 29 99 – Earth Moving, Section 1.04 Definitions, Item H, indicates the rock-excavating equipment limits for unclassified excavation. Removal of rock exceeding the capabilities of the indicated equipment would be a unit price change order using the Unit Price Sheet, Item #18.
Q (Electrical Drawings): Electrical drawings mention that Musco will provide and program the lighting controls for the sports lighting. Please clarify who is responsible for furnishing and installing the two (2) Musco sports lighting poles and light fixtures.
A: CLARIFICATION: The Contractor will furnish and install the Musco sports lighting poles and fixtures.
Q (Alternate #4 on Bid Form): Alternate #4 on the bid form states to add four (4) "standard" City light poles, fixtures, wiring, and concrete bases. That being said; the base bid is to include trenching, underground conduits, pull strings, and junction boxes at each of the four light locations as it runs along new roadway? Or is that to be part of the add alternate #4 section on bid form?
A: CLARIFICATION: Alternate #4 includes all work relating to the four single-luminaire post light poles: light poles, fixtures, footings, and the wiring to the lights. Conduit, trenching, and all other work shown is included in the Base Bid.
Q (Extension to Bid Due Date): With the anticipation of an Addendum being issued just a couple days before the current bid due date, and next Friday being Good Friday (a lot of companies may be off), and with the bid date on Easter Monday; will the bid due date be extended?
A: The bid submission deadline has been extended by 1 week. The bid submission deadline is now Monday April 13th at 2:00pm.
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