County of Allegheny City of Pittsburgh RICH FITZGERALD

COUNTY EXECUTIVE WILLIAM PEDUTO

MAYOR

On behalf of the City of Pittsburgh

DEPARTMENT OF ADMINISTRATIVE SERVICES

DIVISION OF PURCHASING AND SUPPLIES

REQUEST FOR QUALIFIED VENDORS

for

PRE-QUALIFIED CONTRACT FOR TREES AND TREE SERVICES

SPECIFICATION NO. 7791

DUE DATE: Friday, June 28, 2019 @ 3:00 P.M.

BID SUBMITTAL: All documents must be submitted to the City of Pittsburgh Procurement

Unit via mail using the information below:

Attention: Thoryn Simpson-Spec# 7791

City-County Building, Room 502 414 Grant Street

Pittsburgh, PA 15219

Thoryn Simpson

City Purchasing Agent

412-255-2458

Thoryn.Simpson@pittsburghpa.gov

DEPARTMENT OF ADMINISTRATIVE SERVICES

DIVISION OF PURCHASING AND SUPPLIES

County of Allegheny RICH FITZGERALD 201 COUNTY OFFICE BUILDING ♦ 542 FORBES AVENUE

COUNTY EXECUTIVE PITTSBURGH, PA 15219 PHONE (412) 350-4495 ♦ FAX (412) 350-5883

JERRY TYSKIEWICZ DIRECTO R JOHN DEIGHAN, CPCP CHIEF PURCHASING OFFICER

Dear Bidder:

Allegheny County on behalf of the City of Pittsburgh invites you to participate to be eligible for

the PRE-QUALIFIED CONTRACT FOR TREES AND TREE SERVICES.

In order to be considered to become a pre-qualified bidder for said contract you must review and execute the

enclosed forms and forward to the City of Pittsburgh Procurement unit on June 28, 2019. Please carefully review,

sign and return the related documents which must be submitted.

1. One (1) original document of the enclosed Agreement mailed to the address on the cover page

of this document and One (1) original document of the enclosed Agreement, scanned and

emailed to procurement@pittsburghpa.gov, properly executed and attested to by the

appropriate company officers (signature of President and Vice-President; attestation by

Secretary, Treasurer, or Secretary/Treasurer).

2. Notarized Affidavit of Contractor.

Affidavit must be executed by an officer of the company as designated by the contract signature

sheet as listed below or an individual authorized to execute contracts on the company's behalf.

(Form enclosed as Attachment C)

3. One (1) original Insurance Certificate, covering general liability and property damage, workers'

compensation and automotive liability, see Item #19 of the Articles of Agreement for limits. The

City of Pittsburgh must be named as "additional insured".

4. Statement of Affiliations. Contractor must file a Statement of Affiliations with the City of

Pittsburgh, attached hereto as Attachment B, in compliance with Section 197.08 ( c ) of the

Pittsburgh Code.

5. Anti-Sweatshop Provision. Contractor will be required to submit an executed statement of

compliance attached hereto as Attachment D, required by the Allegheny County Administrative

Code which certifies that any of the goods and/or products provided herein were not made under

sweatshop conditions, as defined by Part 9, § 5-903.02 as amended, of Article 903 of the County’s

Administrative Code (Ordinance Number 08-07-OR)

6. Signed Vendor Information Sheet (Attachment A)

7. Reference Sheet (Attachment E)

8. Completed W-9 (https://www.irs.gov/pub/irs-pdf/fw9.pdf)

9. Financial Security (Performance Bond) in the amount of $5,000.00.

The subject Agreement will only afford your company the opportunity to bid on jobs that fall under the PRE-

QUALIFIED CONTRACT FOR TREES AND TREE SERVICES and neither guarantees any award of such

bids, nor that will any minimum amount of jobs under the PRE-QUALIFIED CONTRACT FOR TREES AND

TREE SERVICES be requested. Individual bids that fall into this category will be solicited and made on an as-

needed basis, with award of estimates to the lowest responsible bidder on any given day that bids are solicited by the

City of Pittsburgh.

Should you have questions, please contact the City of Pittsburgh, Procurement Unit at

procurement@pittsburghpa.gov. All questions must be received no later than 7 days prior to the proposal due date.

Sincerely,

John Deighan, CPCP

Chief Purchasing Officer

PRE-QUALIFIED CONTRACT FOR TREES AND TREE SERVICES

MADE THIS DAY OF , 20

BY AND BETWEEN

CITY OF PITTSBURGH, a municipal corporation of the COMMONWEALTH OF PENNSYLVANIA, hereinafter

referred to as "the CITY".

A

N

D

VENDOR'S NAME:

VENDOR'S ADDRESS:

Hereinafter referred to as "Vendor" or "Contractor"

WITNESSETH:

WHEREAS, Vendors are providers of the contract subject title

WHEREAS, the "City" desires that the such goods and/or services be available for use when, and as, needed

by the "City" WHEREAS, the "Vendor" agrees to provide pricing for said services at, such times as may be

required, together with any, and all, other vendors participating as specified herein;

WHEREAS, the City has applied for and received funds from the United States Government under Title I of

the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and

WHEREAS, the City wishes to engage the Contractor to assist the City in utilizing such funds;

NOW, THEREFORE, in consideration of the mutual premises and intending to be legally bound hereby, the

parties hereto agree as follows:

1. SCOPE

Vendor hereby agrees to furnish Trees and Tree Services as described herein to the City of Pittsburgh at any

location within the City of Pittsburgh.

1. PURPOSE

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 form the City.

This agreement will pre-qualify vendors and permit them to submit estimates for various requests for Trees and

Tree Services. Such estimates are to be submitted from time to time in response to City issued requests for

pricing.

2. CONTRACT PERIOD

A. The initial contract period shall commence upon the execution of this contract and shall terminate at midnight

on June 28, 2019. The City shall have the option to renew the contract for one (1) additional two - year

period, exercisable at the sole discretion of the City. The additional contract renewal period shall be July 1,

2019 through June 30, 2021.

B. In the event the City exercises its option to renew this contract as stated above, written confirmation of

agreement to extend will be provided by the City to the Vendor within thirty (30) days prior to the

termination date.

C. The City reserves the right to terminate the contract at any time in accordance with the provision of

Paragraph 66 of the “Articles of Agreement”, which is made part of this proposal.

3. SPECIFICATIONS

A. Scope of Work

The scope of work for projects contemplated by the Department of Public Works, City of Pittsburgh,

includes the furnishing and/or installation of trees at various locations within the limits of the public rights-

of-way of the City of Pittsburgh, and/or within the confines of parks and playgrounds, maintenance and

guarantee of plants, and all related work thereof. “Related work” shall include, but is not limited to: saw-

cutting and removal of sidewalk surfaces, removal and replacement of tree grates and/or tree guards,

installation of block stone and/or brick surfaces within the tree pit area, removal of existing dead trees that

fall within the planting areas, spoil removal, placement of topsoil mixture and soil amendments, tree stakes

and all site protection, clean-up and maintenance requirements (i.e. watering, re-mulching, pruning,

tightening of guys, removal of guys, weeding and settlement correction, etc.). Graphics are available from

the department upon request for various standard requirements.

B. General Specifications

1. The appropriate City Department shall provide documentation consisting of the written scope of 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 (when

directed), and services, including construction management necessary to perform the work of each project

in an efficient, cost effective, and timely manner.

Properties. An Information Sheet for each location with applicable Tree Planting Specifications, detailing

specific requirement of each job site will be provided with each job request.

2. The City of Pittsburgh will pay only those charges which are specifically detailed and included in the

“Job Quote”.

3. All contractors shall comply with all Federal, State and Local Codes, Regulations and Standards as

appropriate including those in regard to the environmental protection of the public and property.

4. All Provisions of General Conditions for Maintenance and Repairs, (attached) will apply, unless

otherwise specified.

C. Bid Process

1. The job site visitation will be coordinated by the Director of the User Department, or his designee.

2. Vendor agrees to submit a sealed bid, for each site bid, returned in the addressed envelope (supplied with

each job site specification sheet), to the Office of City Controller no later than 9:00 AM on the date

indicated in the proposal specifications.

3. Pricing shall be inclusive of all costs necessary to complete the work described at the time of visitation.

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 services at the job site will be placed by the City to the lowest responsible vendor providing

pricing within the time period as specified in item (b) above.

6. All services performed shall be invoiced at prices quoted, in accordance with this contract, on the day

following the completion of the service with the authorization of the Director of the User Department,

or his assignee.

BIDDER'S NOTE:

All bids for individual projects covered under this contract shall be signed in ink by an officer or authorized

representative of the company, or said bid may be subject to rejection.

D. 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 the prescribed time frame

(reference section B)” of Specifications. 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 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 makes other arrangements for

procuring the services ordered (a facsimile is acceptable for this notice).

3. Vendor will comply with any special requirements necessary and peculiar to the specific job site, as

described by the City at the time of the site visitation or contained within the Job Specification Sheet, and

quote accordingly.

4. All services must be performed in a professional and business-like manner. Vendor is responsible for

clean-up of site at Vendor’s expense and to the satisfaction of the City. In case of dispute, the City may

remove debris and charge the cost to Vendor, including setting off the cost against future payments due to

Vendor.

E. Emergency Work

Throughout the term of the contract it may be necessary for Vendors to assist the City in providing

emergency tree planting services. All Awarded Vendors of this contract shall provide a list of telephone

numbers at which a representative can be reached on a 24-hour emergency basis.

1. The City reserves the right to award emergency services to more than one Vendor as necessary to

insure access to the required quantity of equipment and labor.

2. Please note: the City will use Vendor’s emergency crews in such a manner as to insure the availability

of sufficient resources to meet the needs of the city.

3. Unless otherwise specified within the proposal, the Contractor must perform emergency

work within the following time frames, based on situation, and must verify that their

work forces can be dispatched accordingly:

Four (4) hours EMERGENCY

Forty-Eight (48) hours URGENT

4. The Contractor must have twenty-four (24) hours a day accessibility (Answering service, or Machine

and paging capability). The Contractor must also have a FAX machine in operation by time of

contract commencement.

5. The Contractor must also have the ability to complete emergency work as requested by the City

within a 24-hour period from initiation of repair, unless other arrangements are approved. Non-

adherence to this clause may be cause for cancellation of contract.

F. Witholding Payment

City may withhold payment in whole or in part of this contract to such extent as may be necessary to

protect City from loss. When grounds are removed, a payment shall be made for amounts withheld

because of them.

G. Method of Service Order

Order releases will be issued to Vendor from time to time, for such services as may be required, by

City using fax machines or e-mail. Vendor must accept as official the faxed service request from the

City with authorized signature, or an e-mailed service request.

All Service Requests against this contact shall be coordinated, consolidated, and made via telephone by the

Director of the User Department, or his designee, or by the Director of Finance, or his designee.

H. Billing and Payment

Payment shall be made after satisfactory performance of service (job signoff by an Inspector from the

using Department), in accordance with all of the provisions herein, and upon receipt of a properly

completed invoice in duplicate by City. The City will endeavor to process payment promptly. However,

Vendor shall not assess late payment charges of any kind, for any reason.

Vendor shall, following acceptance of performance of service by City, submit an invoice to the City of

Pittsburgh (Requesting Department). Each invoice shall include the following information:

-Site Location -Service Order Number (if applicable) and/or Project Number -Date Order was Placed and Completed

-Job Signoff by an Inspector of using Department

I. PERFORMANCE BOND

To insure the faithful performance of its duties under this contract, Vendor shall provide City with a

Performance Bond in the amount of $5,000.00 with a corporate surety acceptable to City, prior to

execution of this contract by City. Said performance bond shall be maintained by Vendor throughout the

term of this contract, or, any renewal or extension thereof. The City reserves the right to increase the

requirement amount of the Performance Bond dependent upon the individual TREE PLANTING project.

J. LIQUIDATED DAMAGES

Substantial and unreasonable delays in response times, estimated time, or non-adherence thereto shall

constitute cause for the assessment of liquidated damages. Such damages shall be assessed at the rate of

$100.00 per day for the first five (5) days and $200 per day for each additional day until completion of

contract. Liquidated damages shall be deducted from payments due under this contract.

K. EXCLUSIVITY

This contract shall be non-exclusive. The City reserves the right to do work of the type covered by this

contract with City forces or with other contracts.

L. AUTHORIZATION

The award of this contract shall be such that any City Department may make use of it under the terms

stipulated. However, all work (i.e., trees planted on City-owned properties) must have prior authorization

of the City Forester and the Department Director(s), or their designee.

M. INITIATING THE WORK

1. The procedure for initiating the work shall be as follows:

2. The Department Director or his representative shall, by Request For Quote (RFQ) letter, describe the

work for each intended project and request this Contractor to submit a not-to-exceed cost proposal

based upon the rates and unit prices established in this bid as well as any other costs associated with

the completion of the work. The Contractor shall follow the requested format for the submission of

each proposal as enumerated in the RFQ. Each proposal must include a written estimate on City forms

and shall be submitted as per the time frame indicated in the proposal specifications, unless otherwise

specified by the city.

3. Such estimates must be in a format acceptable to the City of Pittsburgh and should 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 value of work is > $1000.) together with a copy of their

proposal(s) including breakdowns, and any other data which may be pertinent and requested. On

projects estimated to cost-over $10,000. a minimum of two (2) sub- contractor and supplier proposals

may be requested for review and approval. On large projects, a construction schedule with periodic

updates may be required to be provided at no additional cost.

4. Non-adherence to the stipulated start and completion dates or failure to supply requested

documentation in a timely manner for the proper progress of the work may be cause for immediate

cancellation of an individual project or of a bidder’s entire contract. Liquidated damages may also

apply.

5. The Department Director may notify the Contractor by a Letter Of Acceptance (LOA) of his cost

proposal accepting the Not-To-Exceed-Amount (NTEA) for each project. Final cost of each

completed project may not exceed the NTEA as accepted by the LOA.

6. Unless otherwise directed, the Contractor must begin work within the time frame indicated in the

proposal specifications and shall perform the work in accordance with the Department Director's

orders and instructions.

N. INVOICING

1. The Contractor shall prepare his invoices based on the aggregate of those items computed from the

project quote as accepted and enumerated in the LOA. Detailed breakdowns consistent with the initial

price proposals are required with each invoice. Each invoice page must also show contract number, project

number, company name and contact person, etc. The Contractor will also be responsible for submitting a

complete breakdown of subcontracting costs together with all subcontractors documentation (i.e., labor

invoices, material invoices, equipment rental, etc.). Invoices shall be submitted directly to the Department

initiating the project and should be submitted not more than once a month, or at project completion,

whichever comes first. Contractor will be responsible to follow the user Department's invoicing

procedures. Payment to the Contractor shall be consistent with the City Inspector's daily labor and

material logs. Itemized payroll records must be available, when, and as, required.

2. City Business Privilege Tax is the Contractor's and Sub-Contractor’s responsibility and as such is not a

reimbursable item on Contractor's or Sub-Contractor’s billing.

3. PA State Sales taxes paid by the Contractor on material purchases or equipment rentals are

reimbursable if included on third party invoices submitted.

4. 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.

5. A Final project invoice MUST be submitted within 45 days after the completion of the work on each

project. Failure to submit the required product warranties, operation manuals, and maintenance

manuals may delay final payment. When submitting the Final project invoice, the Contractor shall

state therein that payment of said invoice constitutes full and complete payment of all monies owed and

billable on said project. Any exception to this should be so noted and tallied on the Final invoice. After

receipt and processing of the Final project invoice, the City will not entertain any additional cost for that

particular project and will consider the project closed.

O. COORDINATION WITH OTHERS

This Contractor shall cooperate with all other entities involved in the project including the Owner in the

scheduling of the work so that he does not delay or interfere with the others' work. It will be this Contractor's

responsibility to coordinate the schedule for the work with other primes and subcontractors and provide

input to General Contractor for preparation, periodical update, and distribution of a master schedule for each

project, if required, at no additional cost. The master schedule shall include the work of all other primes and

subcontractors participating in the work.

P. PERMITS

1. The Contractor shall secure all necessary permits and licenses required for the performance of the contract

and shall pay all legal fees and charges thereof. The City shall waive any fees and charges normally

associated with issuance of City permits. All other fees for Non-City permits shall be included by the

Contractor in the proposal.

2. The Contractor shall legally dispose of all waste associated with the work, off site, unless otherwise

indicated by the Department Director. In such disposal cases, the Contractor shall secure all permits,

pay all fees and produce documentation attesting to the legal disposal of such waste. Special disposal of

toxic materials, debris or equipment must be specifically addressed in the proposal for each project.

BONDING AND INSURANCE

IMPORTANT: BONDING AS DESCRIBED BELOW SHALL PREVAIL OVER THAT SPECIFIED IN

“BID AND GENERAL CONTRACT CONDITIONS”.

No Bid Bond is required

The Performance Bond amount shall be as indicated in the Proposal specifications.

Insurance requirements shall be as indicated in the Proposal/ project specifications.

Q. SAFETY AND CODE REQUIREMENTS

1. All Contractors shall comply with standards and regulations of Public Law 91-596, "Safety and Health

Regulations for Construction", latest edition, Occupational Safety and Health Act of 1970.

2. All Contractors will 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.

3. All Contractors shall comply with all federal, state and local codes, regulations and standards as

appropriate including those in regard to environmental protection, of the public, and property, etc. Where

codes, regulations, and standards are referred to herein, it shall be understood that such reference is to the

current issue in effect at the date of the contract including all revisions and addenda, if any, and are hereby

made part of this contract and at no additional expense to the City.

R. CONSTRUCTION DOCUMENTS: DRAWINGS AND TECHNICAL SPECIFICATIONS

1. The Contractor will be required to comply with all drawings and technical specifications, which may be

associated with each particular project. Failure to comply may result in delay of payments, backcharging

for corrective remedial work, and/or cancellation of the contract.

2. On certain large and/or complex projects, the contractor may be required to provide shop drawings and

catalogue cuts of the proposed equipment and/or assemblies. Submittals of these types shall be furnished in

a timely manner for the progress of the work and at the Department Director's request and the cost thereof

will be considered as Overhead.

3. Where standards, specifications, and codes are referred to herein, it shall be

understood that such reference is to the issue in effect as of the date of the

proposal, including all revisions and addenda, if any.

4. The material, equipment, and installation shall conform to all applicable regulations,and codes and as such

are hereby made a part of the proposal specifications. They shall take precedence over these proposal

specifications and shall be satisfied by the contractor at no additional expense to the City.

S. USE AND POSSESSION PRIOR TO COMPLETION

1. The City shall have the right to take possession of or use any completed, or partially completed part of

the work. Before taking possession of, or using any part of the work, the Department Director shall

furnish the Contractor with a Certificate of Substantial Completion containing a list of items of work

remaining to be completed or corrected for those portions of the work that the City intends to take

possession of, or use. However, failure of the Director to list any item of work shall not relieve the

Contractor of responsibility for complying with the terms of the Contract. The City's possession or use

of some of the work shall not be deemed an acceptance of all of the work under the Contract.

2. For those portions of the work which the City has such possession or use, the Contractor shall be

relieved of the responsibility of loss or damage to the work resulting from the City's possession or use,

notwithstanding the terms of any warranties, maintenance responsibilities, protection requirements, or

other specified duties which remain the Contractor's responsibility beyond the Date of Substantial

Completion.

T. INSPECTIONS AND CLOSEOUT

1. Prior to purchase, delivery and/or installation, the City reserves the right to inspect and reject all materials

due to poor quality, undersized, or mechanical damage.

2. During the course of the project, the City will designate an employee to this site to monitor the work.

The Designee shall act as the Director's Representative on all matters in the field. The Contractor shall fully

cooperate with the Designee. The Contractor's Field Representative may be requested to sign the

Designee's daily log as verification of hours worked by the Contractor. Only the actual hours that workers

are productively engaged in the progress of the work will be logged by the Designee. It is in the

Contractor's best interest to efficiently and effectively manage each project.

3. When the work is substantially complete, the Contractor may request a Pre-Final Inspection. At that time a

punch-list of deficiencies and/or incomplete work will be compiled and sent to the Contractor(s) for

completion. All punch-list items must be completed within 30 days unless otherwise arranged. If there are

no discrepancies found at the Pre-Final, this inspection may be considered a Final Inspection and as such

Final Acceptance of the work.

4. One (1) Initial Project Meeting, and one (1) Pre-Final and/or Final Inspection shall be a requirement for

every project. Only line items submitted as part of the original project estimate as awarded, will be

considered pay items.

U. GUARANTEE

The Contractor shall, at his cost, replace any work, materials or equipment furnished and installed by him under

this contract which develops defects, except from vandalism or unusual wear and tear, within one (1) year from

the date of the Final Acceptance of the work for each project. Additional warranties of specific materials and

systems may be required of the Contractor on a per project basis and will be so noted in the Department

Director’s requesting (RFQ) letter.

V. WATERING REQUIREMENTS

Contractor shall be responsible for watering newly planted trees. Gator bags or approved equal shall be placed

and secured at the bottom of each tree and filled regularly during establishment period. Extra watering may be

required during periods of extreme drought or excessive temperatures. It shall be the contractor's responsibility to remove watering bags at end of 1year warranty period when required by the department.

W. CLARIFICATION OF OWNERSHIP

Providing false or insufficient information may result in the successful Bidder being subjected to civil and/or

criminal liabilities.

X. GENERAL INSTALLATION REQUIREMENTS

1. Installation shall be of a quality not less than is accepted as industry standard for any trade covered herein.

2. All materials furnished under this contract shall be determined safe by nationally recognized testing

laboratory, such as underwriter’s laboratories inc. or factory mutual engineering corporation. All material

shall be labeled, certified, or listed by such laboratory.

Y. TESTING

1. Testing of materials or of the installation of same may be required by the Department Director. If the

materials and installation are found to be in accordance with the contract documents, the cost of testing and

replacement of the installation shall be paid by the City. If the work is found not in accordance with the

Contract Documents, the Contractor shall pay the costs of testing and replacement of that installation in order

to meet current specifications.

2. Any material or equipment, which is found to be defective during the tests, shall be removed and replaced

with new by this Contractor at no additional cost to the City unless it is found that this condition was

caused by the City of Pittsburgh or a separate prime contractor in which event the City shall be

responsible for the payment of said costs and will pursue reimbursement from the contractor(s)

responsible.

Z. STORAGE OF MATERIALS AND EQUIPMENT

1. The Contractor will be required to store his material and equipment in a location, which will not interfere with

the normal operations of other contractors or employees of the City, and in a manner which will afford them

maximum protection. The City will not guaranty the security nor be responsible for loss, damage or theft of

stored materials or equipment in a City facility. Security of materials and equipment is the Contractor's

responsibility. The Contractor shall replace such items, as required, at his own expense.

2. When City-owned equipment is removed from any part of the building systems it shall be taken

down with due care in a workman-like manner, the parts shall be marked for identification, and the whole

shall be stored in the City stock in the contractor premises. Subject to further orders of the City, the

contractor may be directed to transport the material directly to a City storage area.

3. At the end of each project, a list of all City-owned equipment in the possession of the Contractor shall be sent

to the Director of Finance. Said equipment shall be returned, at the Contractor’s expense, to the City yard or

as directed by the Department Director.

AA. PROTECTION OF WORK

1. This Contractor shall be held responsible for the protection of the General Public as well as City personnel

during construction. This to include but not be 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 construction area.

2. Protection of his work prior to the final acceptance of same shall be the Contractor’s responsibility. He shall

repair or replace work damaged before final acceptance at his own expense.

AB. RESTORATION AND MAINTENANCE OF SURFACES

1. The Contractor shall adequately protect adjacent work, existing or new. He shall restore all materials

including site paving, other site improvements, landscaping, exterior building components and surfaces,

interior building components, equipment and surfaces which may have been damaged through his activities

to a condition equal to that before work began, furnishing all labor and material required at his own cost.

2. During the installation, removal, repair, or maintenance of equipment under this contract, it may be

necessary for this contractor to move, remove, or relocated signs, fences, barriers, or other objects in

order to gain access to existing equipment or to the proposed equipment site. The Contractor shall

perform such duties, within reason, at no additional charge and shall restore the site to its original

condition.

3. The Contractor shall not injure trees. Trimming of trees in connection with the work or access to the

work site shall be done only under the supervision of a City Forester. However, the Contract shall not

be required to trim trees except at the time of the installation of new work or repair and maintenance of

existing work.

AC. CUTTING, FITTING AND PATCHING

1. This Contractor shall 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. He shall also do such

patching of related parts and assemblies that may be required as a result of cutting and fitting work.

2. He shall not endanger the stability of existing structures or any part thereof by cutting, digging or other

operations. He shall not cut or alter any structural components in any way save with the written consent

and under direction of the Department Director.

3. All patching shall be done by mechanics skilled in the trade which originally erected the work and in such

manner as to restore such parts to their original (prior to the work) construction, finish, and to the

satisfaction of the Owner.

AD. CLEANUP OF PREMISES AND EQUIPMENT

1. The Contractor shall not allow waste material or rubbish caused by work under this contract to accumulate in

or about the premises, but shall promptly and thoroughly remove rubbish and excess tools daily from the site

including immediate work area, equipment and scaffolding. Stockpile of stored material must be maintained

in an orderly condition. Upon Final Completion, he shall leave the site thoroughly cleaned and ready for use.

In case of a dispute, the City of Pittsburgh may remove the rubbish and do such cleanup as required and

charge the cost thereof back to the Contractor responsible.

2. The Contractor shall take legal responsibility for the environmentally safe disposal of construction debris,

rubbish, and waste material. Special disposal of toxic materials and/or equipment should be specifically

addressed in the Contractor's proposal.

3. Demolished material with salvage value shall be disposed of as instructed by the director. Salvaged

payments to the contractor shall be returned to the city by way of a credit.

AE. BASIS OF ACCEPTANCE

1. The basis for acceptance of the contractors pre-qualified hereunder shall be Experience and References. The

basis for award on each of the subsequent project estimates shall be the low bid price and timely

completion dates as viewed in light of the following requirements

(NOTE THAT ALL REFERENCES TO REIMBURSEMENTS, RATE OF PAY,

OR PRICING OF ANY SORT, IS INTENDED AS A GUIDELINE FOR BIDDING AND

ESTIMATING. THE CITY WILL PAY ONLY THOSE CHARGES WHICH HAVE BEEN

INCLUDED IN THE ORIGINAL PROJECT ESTIMATE AS AWARDED):

2. Where applicable, all Unit Prices, Personnel, Markup, and Equipment must be provided for each

project bid, or, such bid may be subject to rejection.

3. Principals, project managers, estimators, expeditors, clerical and all other office personnel shall be

considered Overhead. Time spent in preparation of an estimate for each project shall be considered

Overhead. Time spent preparing and securing permits, drawings required thereof, shop drawings,

submittals, schedules, reports and invoices shall also be considered Overhead costs.

4. Hauling or delivery of personnel, materials, supplies, or equipment to/from/within the job site(s) is

not to be considered as billable. Travel time for personnel to/from/within the job site(s) is also not

to be considered as billable hours. These costs incurred by the Contractor are to be included in

project bid price.

5. Use of subcontractors must be identified on each project estimate and approved by the Department

Director. Such usage shall be permitted only where the subcontracted work is minor, a specialty trade,

incidental to the total project, and/or more cost/time effective than other means available.

ARTICLES OF AGREEMENT

MADE AND ENTERED INTO, this day of , 20 , by and between Allegheny County and the

City of Pittsburgh, a municipal corporation of the Commonwealth of Pennsylvania acting in this behalf through THE

DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET of said City, having been duly authorized

thereto by Ordinance of Council of said City (hereafter “City”)

AND

(“Contractor”)

incorporated in the Commonwealth/State of

NOW, THEREFORE, THIS AGREEMENT WITNESSETH:

That the Contractor agrees, and by these presents does/do agree with the County and City under the conditions set forth in a bond which is

annexed hereto and made a part hereof, to furnish all necessary materials, labor, plant, machinery and appliances, and at its own risk and

expense and to do such work and/or perform such services, and/or furnish such materials required in connection therewith as may be

contemplated and described herein, the specifications and such instructions as may be issued by the Director during the term of this Contract,

for the prices as shown on the attached proposal.

The City of Pittsburgh reserves the right, during the period while this contract is in force, to take bids and award separate contracts for individual

jobs where it may be in the best interest of the City to do so, such determination to be made at the City’s sole discretion.

For the purpose of this Agreement, and any Exhibits attached hereto, the following terms, phrases, and their derivations shall have the meanings

given below unless the context clearly mandates a different interpretation. Where the context so indicates, the present tense shall imply the

future tense, words in plural include the singular, and words in the singular include the plural. The word "will" is always mandatory and not

merely directory. The definitions are applicable regardless of whether the term is capitalized.

1. DEFINITION OF DIRECTOR - It is agreed by the parties to this contract, that wherever the word “Director” occurs in the contract,

it will be considered as referring to the City.

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

understood “City” shall also include Allegheny County for the

3. DEFINITION OF CONTRACTOR - It is agreed by the parties hereto that wherever the word “Contractor,” or the pronoun(s) in

place thereof are used in this contract, they are to be considered as referring to and meaning the contracting party or parties, or such

party or parties seeking to enter into a contract with the City of Pittsburgh, as the case may be, or the legal representatives of such party

or parties.

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

5. DEFINITION OF STANDARD FOR CONSTRUCTION - It is agreed by the parties to this contract that wherever the words

"Standard for Construction" or the pronouns in place thereof are used in this contract, they are to be considered as referring to and

reading "Part 3" of the "Contract for Construction," of the Department of Public Works, Bureau of Engineering & Construction, as

contained in a separate pamphlet and as revised to date of advertisement of this contract.

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

A. ADVERTISEMENT for proposals as published in newspapers of general circulation (for contracts with an estimated

value above $10,000.00);

B. PROPOSAL made by the prospective Contractor on the separate form provided by the City;

C. Particular SPECIFICATIONS special to this contract (if applicable);

D. STANDARD(S) FOR CONSTRUCTION (if applicable);

E. ARTICLES OF AGREEMENT;

The contract shall become binding upon the formal acceptance of the prospective Contractor’s bid by the City as evidenced

by the City's execution of the Articles of Agreement.

F. FINANCIAL SECURITIES executed by the prospective Contractor (if applicable);

G. AFFIDAVIT OF CONTRACTOR;

H. STATEMENT OF AFFILIATIONS;

I. SWEATSHOP CONDITIONS

The contract sets forth all the promises, agreements, conditions and understandings between City and Contractor(s), and there shall be no

promises, agreements, conditions, or understandings, either oral or written, between them other than those that are set forth in the contract.

Unless provided for in the contract, no subsequent alteration, amendment, charge or addition to the contract shall be binding upon City or

Contractor(s), unless expressly agreed upon and reduced to writing by the City to the Contractor(s).

7. LENGTH OF AGREEMENT - It is agreed that this contract shall be in effect for the initial contract period shall commence

upon the execution of this contract and shall terminate at midnight on June 30, 2019. The City shall have the option to renew the

contract for one (1) additional two-year period, exercisable at the sole discretion of the City. Each of these additional periods shall

expire at midnight on April 1 of the next succeeding year.

8. WHEN AND WHERE TO COMMENCE - The Contractor further agrees to commence the work described or contemplated herein

at such point(s), and at such time(s) as the Director may request.

9. TIME OF BID OPENING - The separate and sealed bids or proposals will be received upon the City's blank proposal forms at the

Office of the City Controller, First Floor, City-County Building, Pittsburgh, Pennsylvania, until the date and time stated in the

advertisement for bids for the above, and will be opened and read upon the same date, in the place and at the time designated in said

advertisement.

10. BLANK FORM OF PROPOSAL - All bids shall be made on the blank form of proposal provided for that purpose, shall

give the price of each item or service to be furnished, shall be signed, in ink, by the prospective Contractors with the prospective

Contractors business address or addresses, and shall also contain the full name of all persons interested with the prospective

Contractors. In signing the proposal, the Contractor shall give the individual, as well as the firm or corporate name. Copies of the

printed form of proposal may be obtained from the Bureau of Procurement of the Office of Management & Budget, Room 502, City-

County Building, Pittsburgh, Pennsylvania. Please do not redesign the attached sheets of this proposal. All should be returned as single

sized sheets.

11. ALTERATIONS/CORRECTIONS - Any alteration, erasure, addition to or omission of required information, change of the

specifications or bidding schedule, is made at the risk of the prospective contractor and may result in the rejection of the bid, unless such

changes are authorized by the specifications.

12.EXECUTION OF BIDS - Bids are to be executed, by the following persons:

I.CORPORATION - The President or Vice President, and one of the

following:

Secretary, Treasurer, Assistant Secretary or Assistant Treasurer.

If a bid is executed by any other person, a power of attorney, a copy of the bylaws, or a resolution of the Board of Directors

documenting the authority of that person to sign the bid must be accompanied by the bid. The power of attorney, bylaw, or

resolution must be certified by the Corporate Secretary as a true and correct copy, still in force as of the date of the execution

of the contract.

II. PARTNERSHIP - At least one (1) of the partners.

III. SOLE PROPRIETORSHIP - The individual owner.

IV. BUSINESS OPERATING UNDER A FICTITIOUS NAME - Entities operating a business under a Fictitious Name must execute

the contract in the name of the entity trading and doing business as the Fictitious Name.

13. FINANCIAL SECURITY FOR BIDS (BID BONDS) - Prospective Contractors on contracts with a value of Two

Hundred Thousand ($200,000) Dollars or more are required to file with their proposals financial security equal to Ten to Fifty percent

(10% - 50%) of the total bid. This financial security shall be in the form of a bid bond, certified check or letter of credit. In order to be

acceptable as financial security, a bid bond must be issued by one or more surety companies legally authorized to do business in

Pennsylvania which retain as capital no less than the amount of the issued bond and said bond must be in form approved by the City

of Pittsburgh. If the bonding company executes the bond through an attorney-in-fact, a Power of Attorney showing authority to act must

accompany the bond.

14. PERFORMANCE BOND - Financial security shall be further required to insure faithful performance of the work

provided for in the contract and to indemnify and save harmless the City from all liens, charges, claims, demands, losses, costs and

damages of every kind and nature, whatsoever, except as is otherwise provided in said contract.

15. SERVICE CONTRACTS; REDUCTION IN PERFORMANCE SECURITY - In the case of service contracts where

the City holds certified checks or a letter of credit as security for performance, the Director of the Office of Management & Budget may

approve reduction in the amount of the security over the term of the contract; provided, however, that at no time shall the amount of the

security for performance be less than ten percent (10%) of the cost of the contract.

16. FINANCIAL SECURITY FOR PERFORMANCE AND LABOR AND MATERIAL INDEMNITY - For public

works contracts exceeding Five Thousand ($5,000.00) Dollars, the successful Contractor shall furnish financial security equal to One

Hundred Percent (100%) of the contract amount conditioned upon the faithful performance of the contract. The successful Contractor

shall further provide financial security equal to One Hundred Percent (100%) of the contract amount for the protection of claimants

supplying labor or materials to either the prime contractor or any subcontractor for work performed in furtherance of the contract. These

financial securities must be in forms acceptable to the city.

17. EXECUTION OF FINANCE SECURITY - Any financial security furnished shall be an original, fully executed by both

the prospective Contractor and the surety or sureties in ink and shall be in a form acceptable to the City. Where the prospective

Contractor is a corporation, the security shall be signed by two officers of the corporation who have been duly authorized to do so by

appropriate action of the corporation, and the seal of the corporation shall be affixed. Where the prospective Contractor is an individual

or individuals, the security shall be signed by the individual or individuals affixing the signature to the bid. Changes or additions to bid

security or to the signatures thereon may not be permitted after the opening of bids.

18.CONTENTS OF BID AND PERFORMANCE SECURITY

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

B. Both the name of the contractor and the name of the issuing financial institution must appear on the financial security.

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

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

19. INSURANCE (SERVICE CONTRACTS ONLY) - For all contracts in which insurance is required, a certificate evidencing

the following minimum insurance must be provided when award is made, unless otherwise specified:

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

$1,000,000.00 aggregate.

B. CITY OF PITTSBURGH must be listed as "Additional Insured' on the insurance certificate.

NOTE: The name(s) of the insured on the certificate must be the same as the name(s) of the Contractor listed on the bid

document.

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

D. WORKERS’ COMPENSATION STATUTORY LIMITS.

E. AUTOMOTIVE LIABILITY INSURANCE – MINIMUM REQUIREMENTS: $500,000 for each individual occurrence

and $1,000,000 in aggregate coverage.

Insurance must be maintained in full force and effect throughout the term of the contract. If insurance must be renewed during the term of

the contract, the new certificate of insurance must be forwarded to:

Bureau of Procurement

Office of Management & Budget

Room 502, City-County Building

414 Grant Street

Pittsburgh, PA 15219

Failure to provide and renew such insurance as required shall be deemed a material breach of contract and shall be a basis for immediate

termination of the contract. The insurance requirements of this provision shall be in addition to any other insurance requirements of the contract.

20. FICTITIOUS NAME REGISTRATION - Where a fictitious name is use certificate must be attached showing that the

fictitious name is duly registered with the state.

21. TAX STATUS OF CITY - The City of Pittsburgh is exempt from all Federal Excise and Transportation Taxes, and the

Pennsylvania Sales and Use Tax for purchase of tangible personal property. Therefore, a prospective Contractor should not

include any such taxes in its calculations, or in the prices bid. A Pennsylvania Sales Tax Blanket Exemption Certificate is available,

upon written request, from the Bureau of Procurement, of the Office of Management & Budget. Only a Sales Tax Blanket Exemption

Certificate will be issued by the City. Thus, if necessary to claim and secure exemption, a Sales Tax License issued by the

Commonwealth of Pennsylvania, Department of Revenue will be required of the successful contractor. However, if the prospective

Contractor determines that certain taxes are properly payable by, the City, the contractor must include such costs in its calculations of

bid prices. The City will not be responsible or liable for the payment of any of the aforesaid taxes, or any other tax paid or payable by

the contractor, unless specifically stated in bid. Nothing in this paragraph is meant to exempt a construction contractor from the

payment of Sales Tax or Use Tax required to be paid by law with respect to its purchase or use of tangible personal property used or

transferred in connection with the performance of a construction contract.

22. BUSINESS PRIVILEGE TAX - By entering into this agreement with the City of Pittsburgh, contractor agrees that all

gross receipts generated through the provision of services hereunder shall be subject either to the City of Pittsburgh’s gross receipts

taxes (i.e., business privilege tax, institution and service privilege tax) or to a payment in lieu of taxes (PILOT) as described hereafter,

whichever is applicable. In the event that contractor is not subject to one of the two gross receipts taxes identified above, contractor

shall nevertheless make a PILOT payment to the City Treasurer equal to the amount of tax which would be due and owing if contractor

were subject to one of said gross receipts taxes. Any such PILOT payment shall be made annually, in the same manner as the gross

receipts taxes, and interest and penalty shall accrue on any balance not paid when due at the rate in effect for said taxes. No

deductions from gross receipts may be taken with respect to any amounts paid to subcontractor(s) or material suppliers. No

deductions can be made for taxes paid to other localities for services performed under this contract or any sub-contract(s).

When the performance of a contract requires the hiring of subcontractor(s), such contract(s) with all subcontractors must incorporate a

requirement that the subcontractor(s) pay the business privilege tax, the institution and service privilege tax or a PILOT, whichever is applicable,

regardless as to whether the subcontract was initiated by the contractor or the City. Failure to include such provision shall subject the contractor

to the amount of gross receipt tax, or PILOT payment, which would have been due from the subcontractor(s) if this provision had been included.

The City Treasurer shall provide a method of registration and applicable forms for filing. Contractor shall provide a list of all subcontractors

to the City Treasurer. The list shall include (1) Legal Name; (2) Business Name; (3) Federal Identification Number; (4) Mailing Address; (5)

E-mail address; (6) Local Address, if any; (7) Business Phone Number; (8) Name of Officer or Owner Signing the Contract; (9) Monetary

Value of the Contract. When (a) subcontractor(s), in turn, employ (a) subcontractor(s), they shall be bound by the same rules as a general

contractor.

23. MERCANTILE TAX RETURN - For successful Contractors selling goods, wares or merchandise under the terms of this

contract, whose place of business is located inside the City: receipts generated by this contract should be included as part of gross

income and reported on the Mercantile tax return.

24. FIRM PRICE BIDS - The City cannot allow escalation of prices during the contract term. All contracts are for fixed

prices. Such statements as "interest charges applied on accounts 30 days or older" or "prices subject to revision" are considered

escalation clauses. Any reference in documents submitted with the bid which indicates that the prices are not firm may be cause for

rejection of the bid.

25. PAYMENT DISCOUNTS - In determining the low bid, the City will not consider payment discounts quoted by the

prospective contractors. However, the City will apply payment discounts offered by the successful bidder in the proposal to payments

made in relation to the contract when appropriate. The terms of payment discounts offered by the successful contractor must be clearly

stated on each invoice submitted to the City in regard to this contract.

26. ANTI-DISCRIMINATION - Contractor shall not discriminate in its employment on the basis of race, color, religion,

ancestry, national origin, place of birth, sex, age, disability, non-job related handicap, or sexual orientation. Contractor shall comply with

the applicable provisions of the Pittsburgh Code of Ordinances, Title Six - Conduct Article V Discrimination, and any amendments

thereto. Contractor also shall comply with the applicable provisions of Title I and Title II of the Americans with Disabilities Act, any

amendments thereto and any regulations issued thereunder. Contractor shall incorporate in any subcontracts which may be permitted

under the terms of the contract, a requirement that said subcontractors also comply with the provisions of this section.

27. MINORITY, WOMEN OR DISADVANTAGED BUSINESS ENTERPRISE (MWDBE) It is the City's goal to

encourage increased participation of women and minority groups in all City contracts. The City, therefore, requires that all prospective

Contractors demonstrate good faith efforts to obtain the participation of minority-owned business enterprises (“MBEs”) and

women-owned business enterprises (“WBEs”) in work to be performed under City contracts. In order to demonstrate this good faith

commitment, all prospective Contractors are required to complete and submit with their bids either an MBE/WBE Solicitation and

Commitment Statement, which details the efforts made by the prospective Contractor to obtain such participation, or an MWDBE

Commitment Waiver Request which details why no MWDBE participation could be obtained. Failure to submit either an MWDBE

Solicitation and Commitment statement or an MWDBE Commitment Waiver Request will result in rejection of the bid.

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

MBE/WBE Commitment Waiver Request.

On contracts over $75,000.00, final payment will be retained by the City at least until all work is performed under the contract

and the contractor submits a final report to the City detailing the actual levels of MBE and WBE participation, as well as

explaining any failure to meet MBE and WBE goals which had been stated in the previously submitted MWDBE Solicitation

and Commitment Statement. The report must be submitted within thirty (30) days after the City's request.

On contracts for $75,000.00 or more, the performance security will be retained by the City at least until all work is performed

under the contract and the contractor submits a final report to the City detailing the actual levels of MBE and WBE

participation as well as explaining any failure to meet MBE and WBE goals which had been stated in the contractor’s

previously submitted MWDBE Solicitation and Commitment Statement. The report must be submitted within thirty (30) days

after the City's request.

On construction contracts over $250,000.00, the contractor may comply with stated MWDBE goals through the employment of

twenty-five percent (25%) minority and ten percent (10%) women employees in construction related jobs.

A. MWDBE REPORT - By entering into a contract with the City, the prospective Contractor shall be required to submit a final

report, within thirty (30) days of the City's request, detailing the actual levels of MBE and WBE participation in the contract.

Any disparity between actual participation levels and the participation levels projected in the MBE/WBE Solicitation and

Commitment Statement will be explained in the final report. Failure to make a good faith effort to meet the goals stated in the

MBE/WBE Solicitation and Commitment Statement may be considered a material breach of the contract resulting in debarment

from participation in future City contracts. Please note that final payment under the contract can be withheld for failure to submit

a MBE/WBE report.

28. VETERAN OWNED SMALL BUSINESS (VOSB) – The City has 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 contracts. The City, therefore, requires that all prospective Contractors demonstrate good faith efforts to obtain the

participation of veteran- owned small businesses in work to be performed under City contracts.

A. Veteran-owned small business is defined by the City as a business having one hundred (100) or fewer full-time employees and

not less than fifty-one percent (51%) of which is owned by one (1) or more veterans, or in the case of any publicly owned

business, not less than fifty-one percent (51%) of the stock of which is owned by one (1) or more veterans, and the management

and daily business operations of which are controlled by one (1) or more veterans. Vendor MUST provide proof of veteran

ownership including percentage & name and address of business.

B. For contracts under one hundred thousand dollars ($100,000), veteran-owned small businesses shall be exempt from all

bonding requirements.

C. THE ATTACHED FORMS (VETERAN OWNED SMALL BUSINESS PARTICIPATION STATEMENT AND

VETERAN OWNED SMALL BUSINESS-WAIVER REQUEST) MUST BE COMPLETED AND SUBMITTED WITH

ALL BIDS AND PROPOSALS. FAILURE TO SUBMIT THESE DOCUMENTS MAY RESULT IN THE REJECTION

OF YOUR BID OR PROPOSAL.

D. Attach a copy of vendor’s VOSB Certification or DD214

29. PAYMENT OF TAXES AND SET-OFF - Contractor warrants that any and all taxes or municipal claims that may be payable to

the City of Pittsburgh by Contractor are current and not delinquent. If the City determined that there is an outstanding delinquency, that

delinquency must be satisfied before a contract will be awarded to the delinquent Contractor. If any taxes or municipal claims become

delinquent or owing during the term of this agreement or prior to final payment by City, Contractor hereby grants City the right to set-off

that indebtedness against any amounts owing to contractor under the terms of this Agreement. If, at any time, the Contractor fails (or has

failed) to enter into any contract awarded by the City, the City expressly reserves the right to recoup any and all costs associated with

rebidding or re-awarding of any contract awarded to this Contractor to another vendor. City reserves the right to apply set-off payments in

whatever manner it deems appropriate.

30. CONTRACT NOT TO BE AWARDED TO PERSONS IN ARREARS TO CITY - No contract will be awarded to any

corporation, firm or individual who is, for any reason, in arrears to the City or who has failed, in any former contract with the City,

to perform work satisfactorily, either as to the character of the work or the time consumed in its completion.

31. CONTRACTOR TO BE QUALIFIED AND RESPONSIBLE - Before the Contract is awarded, prospective Contractors must

satisfy the City that they have the requisite organization, capital, plant, ability and experience to satisfactorily perform the work under this

contract in accordance with the terms and conditions of the contract and in conformity with the best modern practices and industry

standards.

32.COLLUSION BETWEEN BIDDERS - If the City forms a reasonable belief that a prospective Contractor is interested in more than

one proposal for the same item, that is sufficient cause for rejection of all proposals in which collusion between bidders is suspected.

33. AGREEMENT - WHEN TO BE SIGNED - The corporation, firm, or individual to whom the contract is awarded will be required by the

Director of the Office of Management & Budget to sign the Articles of Agreement (page 15), prior to the submission of the completed bid

package. Failure to sign the Articles of Agreement will render the bid non-responsive. All other required documents must be signed and

submitted within fifteen (15) days of the bid opening.

34. REJECTION OF BIDS - The City reserves the right to reject, for any reason, any or all bids if it is in the best interest(s) of the City to

do so.

35. PAYMENT - It is the intent of the City to pay all invoices resulting from purchases under this contract in forty-five (45) calendar

days from invoicing. The City CANNOT pay any INTEREST CHARGES or LATE PAYMENT CHARGES. Any inclusion of such

charges may disqualify the proposal from award consideration and/or will be disregarded by the City.

36. AWARD - Award shall be made to the lowest responsible bidder on an item by item or low total basis as the City determines is in its

best interests. Bidders should be mindful that the lowest-priced bidder may not be the lowest responsible bidder.

37. CITYWIDE PURCHASES - The award of this contract shall be such that any County or City department may purchase from it at the

prices stipulated. The successful Contractor will be required to follow any or all Departmental invoicing procedures. Also, the successful

Contractor will be required upon request, if the contract is formulated by the hourly rate and cost plus method, to submit information with its

invoice(s) that will substantiate the charges indicated on the invoice(s) in regard to the contract.

38. NON-EXCLUSIVITY - The City reserves the right at its sole discretion to utilize other contracts (such as Commonwealth of Pennsylvania

or County of Allegheny contracts) for the services or commodities as described herein. The City also reserves, at its sole discretion, the right

to bid separately any service or commodity that may be included in this contract.

39. NOTICE OF AWARD - Regardless of any notification of award to any prospective Contractor, all bids remain open and acceptable by

the City for sixty (60) days from the bid opening date. Nothing in this paragraph is to be considered a waiver of the City's rights against a

prospective Contractor who fails to execute a contract once it is awarded.

40. COMPLIANCE WITH PENNSYLVANIA "RIGHT TO KNOW" LAW; SUPERFUND - The City of Pittsburgh is obligated to

comply with the Pennsylvania Worker and Community Right to Know and Superfund Amendments and Reauthorization Act (“SARA”) Title

III laws. Successful Contractors, where applicable, must submit a Material Safety Data Sheet (“MSDS”) for all chemicals that the City

purchases from this contract.

Submit all Material Safety Data Sheets to:

Office of Management & Budget

Bureau of Procurement

Room 502, City-County Building

414 Grant Street

Pittsburgh, PA 15219

41. PRICE LISTS AND CATALOGUES - When price lists are required for a proposal, price lists are submitted with the bid for the sole

purpose of providing an audit reference for the various items on the price list and the manufacturer's price for each item. Price list pricing, as

the price list and pricing is stated in the contract, will remain firm for the duration of the contract regardless of manufacturers’ price list changes

that may occur during the term of the contract, unless otherwise agreed in the contract. Any reference, which may appear on any price list, to

any terms and conditions, such as F.O.B. shipping point or prices subject to change, will not be part of any contract with successful bidders and

will be disregarded by the City of Pittsburgh. Any attempts to enforce such terms and conditions will be considered a material breach of the

contract and may result in termination of the contract. Contractors agree to supply the using Departments of the City of Pittsburgh with copies

of additional catalogues and price lists as requested.

42. LOCATION OF WORK - Service and commodities may be required or deliverable anywhere in the City of Pittsburgh. In the case of

Allegheny County’s use of this contract services/commodities may be required or deliverable anywhere in Allegheny County. Prospective

Contractors are to understand that work may be required anywhere in the City of Pittsburgh, and shall bid accordingly.

43. SCOPE OF CONTRACT - This contract will include all necessary repair, maintenance, and minor extension work as described elsewhere

herein, which cannot be properly estimated or planned in advance, or which may be of any emergency nature. The Director of the Department

authorizing the work to be done under this contract shall be the sole judge of repair or maintenance or minor extension work to be carried out

under this contract, and shall direct same, and the successful Contractor agrees to accept such decisions as final and binding and further agrees

that nothing in this contract binds the City to carry out all work of this nature under the terms of this contract, but agrees that exceptions may

be made and that the City may enter into other contracts for specific work for which plans and/or specifications are separately provided.

44. QUANTITY OF ITEMS/WORK CONTINGENT UPON NEEDS - It is hereby agreed that the City of Pittsburgh does not in any way

guarantee or imply the amount of work, services, or commodities which may be required under this agreement. It is also mutually understood

between the parties to this agreement that needs cannot be forecast. The intent of this proposal, and the subsequently awarded contract (if any

be entered into), is to determine the lowest responsible bidder who will be able, willing, and ready to furnish proper materials, qualified persons,

and/or efficient service(s) as required under this contract. No liability shall attach to the City for any decision: (a) to limit the work under the

contract; (b) to decline to award the contract; or (c) to decline to order any work to be performed under an awarded contract.

45. SUPERVISION AND INSPECTION - The Contractor further agrees that the work shall be at all times under the immediate supervision

of the Director, who shall at all times have free access to all parts of the work and all places where materials for the same are prepared, and

shall have every facility made available for the proper inspection of (a) all materials used in, and (b) workmanship executed for the work under

this contract. It is expressly understood and agreed that the inspection of the work and materials by the Director will in no way diminish the

responsibility of the Contractor, or release him/her from the Contractor’s obligation to perform and deliver to the City sound and satisfactory

work. It is further agreed that the Contractor shall obey orders of the Director and by all persons employed on the work.

46. WORK UNNECESSARILY DELAYED - Contractor agrees that, if at any time the Director shall be of the opinion that the work or any

part of it is unnecessarily delayed, or that the Contractor is willfully violating any of the conditions or covenants of this contract, or is executing

the contract in bad faith, the Director shall have the power to notify Contractor to discontinue all or any part of the work under this contract.

Contractor shall then cease work as notified, and will not be entitled to further compensation. The Director shall have the power to place such

and as many persons as s/he may deem necessary, the same to be employed by contract or otherwise, to work at and complete the work, and to

use such materials as s/he may find upon the work site, or to procure other materials for the completion of the work and to charge the expense

of said labor and materials to the Contractor. Any expense so charged shall be deducted from and paid by the City, out of such moneys as may

then be due or at any time thereafter may become due to the Contractor under and by virtue of this agreement. In case such expense shall

exceed the sum which would have been payable under this contract, if Contractor had satisfactorily completed the work, the Contractor, their

executors, administrators, or assigns shall pay the amount of such excess to the City, on notice of Director of the excess due.

47. FAILURE TO PERFORM CONTRACT - If the contractor fails to perform any of the elements of the contract, the City shall have the

right to purchase such materials or supplies from other sources, and to charge to the contractor or the contractor’s sureties any and all expenses

arising from the necessity of purchasing materials or supplies, including any excess in price over the prices fixed in the contract. Contractors

must remove rejected deliveries within the time specified on a written notification of rejection from the Director of the Office of Management

& Budget and/or the Controller. Rejected material left longer than 30 days will be deemed abandoned and the City shall have the right to

dispose of such rejected materials as it alone deems appropriate. For perishable foodstuffs, no written notice of rejection will be given; it will

be incumbent on the contractor immediately to remove or replace rejected merchandise on verbal notice from the City.

re

48. CONTRACTOR TO SUSTAIN ALL LOSSES - It is agreed that all loss or damage arising out of the nature of the work to be performed

under this contract, or any damages to the work itself, for any unforeseen obstruction or difficulties which may be encountered in the

performance of the work or from the action of the elements, or from any cause whatsoever, shall be sustained and paid for by the Contractor

until the same shall have been finally accepted and final payment made.

49. CONTRACTOR RESPONSIBLE UNTIL WORK IS COMPLETED - The Contractor further agrees to assume charge of and be

responsible for the entire work until completed and accepted by final payment; and that s/he will personally supervise the faithful performance

of the work, and that s/he will keep it under Contractor’s exclusive control. In case of absence, the Contractor will designate a competent

representative to continue such supervision of the work uninterrupted, and such representative shall receive orders and instruction as appropriate

from the Director, and enjoy full authority to execute any such Director’s orders and to supply materials, tools and labor without delay.

50. COMPENSATION - Contractor hereby further agrees that his/her full compensation for furnishing all the required materials, labor, tools,

equipment, etc., for the proper execution and completion of the whole of the work, and/or service to be performed under this agreement, will

be the amount(s), as set forth in this agreement.

51. TRAVEL TIME - It is understood and agreed that time spent in travel between the Contractor's shop, or, headquarters and the job site,

time spent in travel from job to job, or any other travel time shall not be included as a direct charge under the terms of this contract. The

Contractor shall claim compensation to be due and payable only for such time Contractor’s employees are actively performing the work, and

no other charge(s) for time will be considered.

52. USE OF TRADE NAMES - The use of a name of a manufacturer, or of any special brand, model or make in describing an item or the

use of detailed descriptive specifications pertinent thereto, does not restrict bidders to that manufacture or specific article of such detailed

descriptive specifications. This means or method being used is simply to indicate the character or quality of the article desired; but the article

on which bids are submitted must be of such character, quality and design as will serve the purpose which it is to be used for equally as well

as that specified, and must be the equal of the article described and equally suitable to the needs of the City. If bidding on other than the

make, model or brand specified or such detailed descriptive specifications therefore, the manufacturer’s name and catalogue reference,

together with specifications therefore, must be given or other information given (CLEARLY STATED ON THE PROPOSAL OR BID

SHEET IN EVERY INSTANCE) to enable the Director to determine its suitability, or otherwise. The City reserves the right, through the

Director of the Department of Finance to be the sole judge in such determinations. WHEN NO REFERENCE IS MADE BY THE BIDDER

TO THE MAKE OR GRADE PROPOSED TO BE FURNISHED, IT IS UNDERSTOOD THAT THE SPECIFIC ARTICLE NAMED IN

THE PROPOSAL OR BID SHEET WILL BE FURNISHED.

53. INDEMNIFICATION - CONTRACTOR - hereby agrees to indemnify, save and hold harmless, and defend COUNTY/CITY, its

officers, agents and employees from and against all liens, charges, claims, demands, losses costs, judgments liabilities, and damages of every

kind and nature whatsoever, including court costs and attorney’s fees arising by reason of: the performance by CONTRACTOR of any services

under this Agreement; any act, error or omission of CONTRACTOR or of an agent, employee or licensee of CONTRACTOR or subcontractor

of CONTRACTOR; and any breach by CONTRACTOR of any of the terms conditions or provisions of this Agreement.

54. MONITORING AND EVALUATION - All services provided under this agreement shall be subject to monitoring and evaluation by

City or its authorized representatives. Contractor shall supply City with written reports on program activity, in a form approved by City, as

City may, from time to time, require. Contractor shall provide City with such additional information and data as may be periodically required

by federal or state authorities, or by City itself. Authorized representatives of City shall have access to the books and records maintained by

Contractor with respect to any services or materials provided to City pursuant to this Agreement at all reasonable times and for all reasonable

purposes, including, but not limited to, inspecting and copying any books, records, computer disks, memoranda, checks, correspondence or

other relevant documents. All such aforementioned records shall be preserved by Contractor for a period of three (3) years after the

termination of this Agreement.

55. CONTRACTOR THOROUGHLY INFORMED AS TO WORK - Contractor hereby affirms that s/he has read each and every clause

in the advertisement, Information to Prospective Contractors, specifications and agreements relating to this work and fully understands the

meaning of each, and hereby agrees that s/he will comply with all the terms, covenants and agreements herein set forth; and that s/he fully

understands the character of the work to be performed under this contract.

56. SETTLEMENT OF DISPUTES - It is expressly covenanted and agreed that in the event of a disagreement or controversy arising between

the Contractor and the Director as to the interpretation, specifications, or proper execution of this contract, or as to settlement thereunder, or in

the event any disagreement, as to any dispute under this contract or the work involved, such dispute shall be brought immediately to the

Director’s attention in writing. The Director shall decide upon the dispute and such decision shall be final and conclusive, as to all matters in

controversy, without exception or appeal, and all right(s) of action at law, in equity or otherwise, under and by virtue of this contract are hereby

expressly waived.

57. ASSIGNMENT; SUBCONTRACTING - Contractor shall not assign this contract or any right to monies to be paid hereunder without

the written consent of City. None of the services covered by this contract shall be subcontracted without the prior written approval of City. It

is further agreed that no subcontract, if consented to, shall under any circumstances relieve the Contractor of any liabilities and obligations

under this Contract, and should any subcontractor fail to perform the work undertaken in a satisfactory manner, such subcontract must be

terminated immediately and ended by the Contractor upon notice of the Director so to do. The successful bidder shall be responsible to require

his sub-contractors to comply with all of the insurance requirements of this agreement.

58. HOME RULE CHARTER: LIABILITY OF CITY - This contract is subject to the provisions of the Pittsburgh Home Rule Charter; and

the liability of CITY thereunder is limited to amounts authorized by Resolutions of Pittsburgh City Council.

59. PREVAILING WAGE ORDINANCE - The Contractor agrees that section 161.16(e) of the Pittsburgh Code of Ordinances, stating that

the Contractor shall pay at least the applicable prevailing wages as shall have been determined by the Secretary of Labor and Industry to the

workers employed in the performance of any contract for public work subject to the Pennsylvania Prevailing Wage Act approved August 15,

1961 (Act No. 442), as amended August 9, 1963 (Act No. 342), and the regulations issued pursuant thereto, and all supplements and

amendments thereto, shall be made a part of this contract as fully as if attached hereto, and that s/he will comply in all respects with the

provisions thereof, insofar as the same affects this contract.

60. ANTI-SWEATSHOP PROVISIONS - Contractor will be required to submit an executed statement of compliance with Pittsburgh Code

§ 161.02(b)(4), which certifies that nothing has come to its attention that would lead it to believe that any of the goods/products provided herein

were made under sweatshop conditions. Goods/products are NOT made under sweatshop conditions if all of the conditions listed in section

161.02(e) of the Pittsburgh Code apply in the manufacturing facility in which the goods/products are made.

If the City is presented with information that would lead the City to reasonably believe that the Contractor or its suppliers may be obtaining

goods or products for sale, re-sale, lease or rental to the City that where made under sweatshop condition, upon request of the City,

Contractor shall disclose information, data and materials reflecting Contractor’s practices as they pertain to the procurement and

manufacturing of goods/products in compliance with the Anti-sweatshop provisions of Pittsburgh Code Section 160.02.

61. WORKERS COMPENSATION - Contractor hereby agrees to perform the work described in this contract in accordance with the Articles

of Agreement, and further certifies that it has accepted the provisions of the Worker's Compensation and Occupational Disease Acts, as amended

and supplemented, insofar as the work covered by this contract is concerned, and that it has insured its liability thereunder in accordance with

the terms of the said Acts, as evidenced by the certificate of insurance it has caused to be attached hereto, or will file with the DIRECTOR OF

THE OFFICE OF MANAGEMENT & BUDGET before the execution of this contract, a certificate of exemption form for insurance from the

Bureau of Workmen’s Compensation of the Department of Labor and Industry.

62. COMPLIANCE WITH LAWS - Contractor shall fully obey and comply with all Federal, State and Local laws, statutes, ordinances,

resolutions, and administrative regulations, which are or should be applicable to any work performed under this contract. Vendor agrees to

maintain throughout duration of the contact, all necessary city, county and state licenses and approvals as applicable and to immediately notify

the City of Pittsburgh Office of Management & Budget, Bureau of Procurement of any loss of changes of licenses and approvals.

63. GOVERNING LAW - The contract that is formed subject to these articles of Agreement will be construed and interpreted in

accordance with the laws of the Commonwealth of Pennsylvania.

64. DEBARMENT - Contractor warrants that it is not prohibited from entering into this Contract with the City by reason of disqualification

under subsection (b) of Section 161.22 of the Pittsburgh Code. An affidavit certifying compliance with this Section is attached hereto as an

Exhibit and incorporated into and made a part of this contract.

65. STATEMENT OF AFFILIATIONS - Contractor hereby files a Statement of Affiliations with the City, attached hereto as an Exhibit, in

compliance with Section 197.08(c) of the Pittsburgh Code.

66. TERMINATION – The County and City may terminate this contract at any time, without cause or liability, by giving Contractor thirty

(30) days advance written notice of its intention to terminate.

67. OPTION TO EXTEND - the City of Pittsburgh, Office of Management & Budget, in cooperation with the successful contractor(s) in

regard to this contract, reserves the right to extend this contract for up to 90 days after the indicated expiration date as described in this

contract. This mechanism would be utilized in the event that a lapse in the current contract occurs before a new contract can be established

for the goods or services indicated on the contract. When applicable, an extension notice will be issued defining the exact extension of the

contract; all other terms and conditions of the extended contract will remain in full force and effect.

68. AMENDMENT– This contract may be amended only by formal written agreement of the parties, duly executed by the authorized

officers or officials of said parties. These contract documents and subsequent service orders to Vendor contain the entire understanding

between the parties, and any additions or modifications herto may only be made in writing properly executed by both parties.

69. EXAMINATION OF FINANCIAL RECORDS - Bidder/Contractor shall maintain books, program and financial records, documents

and other evidence pertaining to costs and expenses related to this Bid/Agreement in such detail as will properly reflect all costs of labor,

materials, equipment, supplies, services and other costs and expenses of whatever nature for which County funding has been provided under

the provisions of this Bid/Agreement. The Bidder/Contractor shall maintain such books, records, documents and other materials in

accordance with Generally Accepted Accounting Principles, where applicable. The Bidder/Contractor shall provide access, during normal

business hours, to such books, program and financial records, documents and other evidence upon request of the County Manager, the

County Controller or their designees upon receipt of reasonable advance notice, either oral or written. Bidder’s/Contractor’s books, records,

program and financial records, documents and other evidence pertaining to services provided under this Bid/Agreement shall be preserved

and made available for a period of three (3) years following the termination of this Bid/Agreement. The County Manager, the County

Controller or their designees may audit, examine, review, photocopy, and/or make excerpts or transcripts of any of Bidder’s/Contractor’s

books, records, program and financial records, documents and other evidence. Any deficiencies noted in any audit reports or otherwise must

be fully resolved by the Bidder/Contractor, to the County’s sole satisfaction, within thirty (30) days after the Bidder’s/Contractor’s receipt of

written notice of such deficiencies. Failure of the Bidder/Contractor to comply with the provisions set forth in this paragraph may constitute

a violation of this Bid/Agreement and, at the County’s sole discretion, may result in the County withholding future payments.

70. PRE-PRINTED TERMS AND CONDITIONS – Bidder’s pre-printed Terms and Conditions or restrictions commonly appearing on

the reverse side of letters submitted with the bid and/or bidder’s specifications material and contract documents shall be disregarded and have

no effect

71. NEW MATERIAL - Unless otherwise provided in the specifications, all goods to be supplied to the County shall be from new, unused,

current stock.

72. ESTIMATED QUANTITIES - Unless otherwise provided in the specifications, any references in the specifications to quantities of

goods or frequency of services to be provided to the County are estimates, and the County reserves the right to require the successful bidder

to provide more or less than the estimated quantity or frequency, or to purchase none at all.

73. DELIVERY POINT - Unless otherwise provided in the specifications, the goods and services to be delivered or provided shall be

delivered to or provided at any place or places within Allegheny County, Pennsylvania, which the County may designate. All deliveries are to

be F.O.B. point of delivery.

74. DELIVERY TIME - Unless otherwise provided in the specifications, the successful bidder shall provide all goods and services within

thirty (30) days from the date of the County's request therefore.

75. CONFORMANCE TO SPECIFICATIONS - Bidder agrees and warrants that whenever the bidder, in its Bid, describes goods by trade

name, catalog number, or "as per sample", the goods so described conform to the specifications. The unauthorized use of any patented articles

is done entirely at the risk of the successful bidder.

76. INELIGIBLE SOURCE LIST – In accordance with Section 3.7 of the Allegheny County Purchasing Manual, the Chief Purchasing

Officer has established an Ineligible Source List. The following may be reasons to place a company on the Ineligible Source List:

Any company who submits a bid or proposal in bad faith,

Any company who willfully or repeatedly breaches a contract with the County,

Any company who refuses to accept an award, or

Any supplier who has established a pattern or practice of unethical or immoral business practices.

77. FORCE MAJEURE – Neither bidder nor the County shall be held responsible for losses resulting if the fulfillment of any terms or

provisions of an award resulting from this invitation for bid is delayed or prevented by unforeseeable causes including but not restricted to

Acts of God, restraint of Government, or for any other causes which are unavoidable through the exercise of due care and beyond the control

of the party who is to perform.

78. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) RECIPROCAL ASSURANCES - Pursuant

to Federal Regulations promulgated under the authority of the Health Insurance Portability and Accountability Act of 1996, Standards for

Privacy of Individually Identifiable Health Information, 42 C.F.R., Parts 160 and 164, hereinafter "Regulations", the Parties understand and

agree that based upon the duties and responsibilities entered into under this agreement, the definition of "Covered Entity" and “Business

Associate" as defined in the above cited act may apply to either or both Parties.

If and when Personal Health Information is exchanged between the Parties and one party is acting as a Business Associate to a Covered

Entity the following will apply:

In furtherance and compliance with the above, the Parties agree as follows:

General Duty of Confidentiality Business Associate hereby agrees that it will not divulge, disclose, or communicate in any manner any

Protected Health Information to any third party without the prior written consent of Covered Entity and, where required, the client. Business

Associate will protect all such information and treat it as strictly confidential. Business Associate agrees to abide by the requirements of 42

C.F.R., Parts 160 and 164, Standards for Privacy of Individually Identifiable Health Information. Any violation of this paragraph shall be

considered a material breach of this Agreement.

Use and Disclosure of Protected Health Information Business Associate is hereby permitted to use or disclose Protected Health Information

for the proper management and administration of Business Associate’s business, and/or to carry out the legal responsibilities of the Business

Associate. Proper management and administration of Business Associate’s business does not include the use of Protected Health Information,

or the identity of Kane’s clients, for solicitation, marketing, fundraising, or other non-necessary purposes. Should Business Associate at any

time disclose to a third party Protected Health Information for its proper management and administration, or to carry out its legal

responsibilities, Business Associate agrees to obtain reasonable assurances from that third party of the following: (1) that the third party will

hold the disclosed Protected Health Information confidentially and only use or disclose the information as required by law or for the purpose

for which it was properly disclosed to the third party; and (2) that the third party will immediately report in writing to Business Associate any

instances of a breach of confidentiality of which the third party is aware.

Appropriate Safeguards Business Associate agrees to maintain and use appropriate physical, technical, and administrative safeguards to

prevent the use or disclosure of any Protected Health Information, including the identities of clients, other than as provided for by this

Agreement. Such safeguards must be in place at all times for the protection of Protected Health Information that is maintained both in

electronic and paper forms. Business Associate further agrees to maintain and use appropriate safeguards to prevent the improper disclosure

of such information in the form of oral communications.

Agent and Subcontractors Business Associate hereby agree to ensure that any agent or subcontractor agrees to the same restrictions and

conditions under this Agreement that apply to Business Associate with respect to such Protected Health Information.

Reporting of Improper Uses and/or Disclosures Business Associate agrees to immediately report to Covered Entity any use or disclosure of

Covered Entity’s Protected Health Information and/or the identity of Covered Entity’s clients of which it becomes aware, which is not

permitted pursuant to this Agreement or pursuant to the Regulations.

Availability of Information Maintained by Contractor Business Associate hereby agrees to make available any of Covered Entity’s Protected

Health Information, immediately upon Covered Entity’s request, for purposes of ensuring the right of access of clients to their own health

information.

Amendments Business Associate shall make available to Covered Entity, upon request, any Protected Health Information for which Covered

Entity has agreed to make and/or has made any amendments. In such cases, Business Associate agrees to incorporate all such amendments

made by Covered Entity, to the information maintained by Business Associate.

Accounting Business Associate shall maintain appropriate records of all disclosures of Protected Health Information made to third parties in

sufficient form to allow for an accounting of disclosures to properly be generated pursuant to the Regulations. Upon request of Covered

Entity, such records shall be made available by Business Associate to Covered Entity for purposes of providing an accounting of disclosures

pursuant to the Regulations.

Availability of Internal Practices, Books, and Records Business Associate hereby agrees to make all of its internal practices, books, and

records relating to the use and disclosure of the Protected Health Information received from Covered Entity, or created or received by

Business Associate on behalf of Covered Entity, available to the Secretary of the Department of Health & Human Services, or its agent, upon

the request of either the Secretary of the Department of Health & Human Services or Covered Entity, for purposes of determining whether

Covered Entity is complying with the above-referenced Regulations.

Maintenance of Protected Health Information Upon Termination of Agreement Upon the termination of this Agreement for any reason,

Business Associate shall return to Covered Entity all Protected Health Information received from Covered Entity, or created or received by

Business Associate on behalf of Covered Entity, retaining no copies of any such information. In the alternative, upon the termination of the

Agreement, Business Associate, with the consent of Covered Entity, may choose to destroy all Protected Health Information, retaining no

copies of such information, so long as a Certificate of Destruction, including the date of destruction, manner of destruction, and name, title

and signature of the authorized agent of the Business Associate completing such destruction is immediately provided to Covered Entity. Such

destruction must be performed in such a way that no readable or otherwise interpretable portion of the information continues to exist. If

Business Associate believes that such a return or destruction is not feasible for any reason, Business Associate must contact Covered Entity to

discuss the reason that return or destruction is not feasible and the extension of the protection of the Agreement to this information with the

limitation of further usage and disclosures.

Confidentiality Business Associate agrees that all information, records, and data collected in connection with this Agreement shall be

protected from unauthorized disclosures. In addition, Business Associate agrees to guard the confidentiality of resident information.

Access to all individually identifiable information relating to residents that is obtained by Business Associate shall be limited by Business

Associate to persons or agencies that require the information in order to perform their duties in accordance with this contract, and to such

others as may be authorized by Covered Entity in accordance with applicable law.

No other party shall be granted access to confidential information unless the party complies with the requirements of Federal and

State laws and regulations pertaining to such access. Covered Entity shall have absolute authority to determine if and when any

other party has properly obtained the right to have access to this confidential information. Nothing herein shall prohibit the disclosure

of information in summary, statistical, or other form that does not identify particular individuals. Business Associate shall retain the

right to use information for its Quality Improvement/Assurance and/or Utilization Management programs, subject to the

requirements of this clause.

Business Associate agrees to take reasonable steps to ensure the physical security of data under its control, including, but not limited

to: fire protection; protection against smoke and water damage; alarm systems; locked files; guards or other devices reasonably

expected to prevent loss or unauthorized removal of manually held data; passwords, access logs, badges, or other methods

reasonably expected to prevent loss or unauthorized access to electronically or mechanically held data; limited terminal access; limited

access to input documents and output documents; and design provisions to limit use of resident names.

Business Associate agrees to inform each of its employees having any involvement with personal data or other confidential information,

whether with regard to design, development, operation, or maintenance, of the laws and regulations relating to confidentiality.

Upon the termination of this Agreement, Business Associate may not use any such data or any material derived from the data for any purpose

not permitted by law. Where so instructed by Covered Entity, Business Associate must destroy such data or material if permitted by

law.

Termination of Agreement In the event of Business Associate’s failure to conform to the requirements set forth in this Agreement, Covered

Entity may immediately terminate this Agreement, notwithstanding provisions described elsewhere in this Agreement.

ATTACHMENT A

VENDOR INFORMATION SHEET

Print Name of Business

*** FOR PAYMENT PURPOSES ***

Business Address Remit to Address

City State Zip Code City

State Zip Code

Contact Person Telephone Contact Person Telephone (Print Name) Number (Print Name)

Number

800 number if one is applicable Email

FAX number if one is applicable

Email

IN THE PRESENCE OF - INDIVIDUAL

Witness (Individual Principal)

PARTNERSHIP

Witness (Partner)

Witness (Partner)

Witness (Partner)

CORPORATION

attest Secretary President

(State where Incorporated)

Please check the appropriated box: Corporation Partnership Sole Proprietor Unincorporated

Include either Social Security or Federal Tax Identification Number:

Attachment B

STATEMENT OF AFFILIATIONS

1.

Name of Contractor

Office Address and Phone Number

2. List your qualifications and experience for performance of the contract

3. Please give a brief description of any contractual or business relationships you have had with the City within

the past three years. Please include the dollar value of the contract or business relationship.

4. Please identify the contractor's principals, including the names and addresses of all owners or partners or

shareholders and officers, or, if the contractor is a public corporation, the officers, the members of the board

of directors, and shareholders holding-more than three (3) percent of the corporate stock

Additional pages may be attached to complete the information herein requested.

Attachment C

AFFIDAVIT OF CONTRACTOR UNDER PITTSBURGH CODE §161.22 (f)

COMMONWEALTH OR STATE OF

COUNTY OF

)

) SS:

)

BEFORE ME, the undersigned authority, personally appeared

who, being duly sworn according to law,

and under penalty of perjury, deposes and says that neither (s)he nor,

to the best of his/her actual, knowledge, information or belief, the

company, corporation, partnership ("Contractor"), or any affiliated

individual is prohibited from entering a bid or participating in a CITY

of Pittsburgh contract by reason of disqualification as set forth at

Pittsburgh Code §161.22 (b).

Name:

Title:

SWORN TO and subscribed

before me this _day

of , 20 .

Notary Public

(SEAL)

Attachment D

ALLEGHENY COUNTY

DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PURCHASING AND SUPPLIES

ANTI-SWEATSHOP PROVISIONS

In response to Allegheny County Invitation For Bid or Request For Quotation # _,

certifies that nothing has come to my / our attention that would lead I / us to

believe that any of the goods or products proposed in our Bid or Quotation were made under sweatshop

conditions, as defined by Part 9, § 5-903.02 as amended, of Article 903 of the County’s Administrative Code

(Ordinance Number 08-07-OR). I /we certify that I / we have read and understand the above mentioned

Administrative Code provisions.

If the County/City is presented with information that would lead the County/City to reasonably believe that the

Supplier or its suppliers may be obtaining goods or products for sale, re-sale, lease or rental to the County/City that

where made under sweatshop condition, upon request of the County/City, the Supplier shall disclose information,

data and materials reflecting Supplier’s practices as they pertain to the procurement and manufacturing of

goods/products in compliance with the Anti-Sweatshop provisions of the County’s Administrative Code.

COMPANY NAME:

ADDRESS:

PHONE NO: FAX NO:

CONTACT PERSON: E-MAIL:

AUTHORIZED SIGNATURE

TITLE OF AUTHORIZED SIGNER

Attachment E

Reference Sheet

1. Reference Company Name:

Address:

Contact Name:

Phone Number:

Email:

2. Reference Company Name:

Address:

Contact Name:

Phone Number:

Email:

3. Reference Company Name:

Address:

Contact Name:

Phone Number:

Email:

4. Reference Company Name:

Address:

Contact Name:

Phone Number:

Email:

5. Reference Company Name:

Address:

Contact Name:

Phone Number:

Email: