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County of Allegheny City of Pittsburgh DAN ONORATO LUKE RAVENSTAHL CHIEF EXECUTIVE MAYOR On behalf of the City of Pittsburgh DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PURCHASING AND SUPPLIES BID for STEEL, WOOD AND RECYCLED COMPOSITE PARK BENCHES SPECIFICATION NO. 6303 This Invitation for Bid contains requirements for bidders to assist the County in meeting M/W/DBE goals. Therefore, bidders must document their plan or good faith efforts to meet those goals. Please see M/W/DBE Requirements and fill out the Participation Statement. DUE DATE: Wednesday, December 9, 2009, 11:00 A.M. SUBMIT TO: County Controller's Office Allegheny County Courthouse 436 Grant Street, Room 104 Pittsburgh, PA 15219 Kalyn Karczewski Purchasing Agent 412-350-3576 email@example.com DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PURCHASING AND SUPPLIES County of DAN ONORATO Allegheny CHIEF EXECUTIVE 206 COURTHOUSE ♦ 436 GRANT STREET PITTSBURGH, PA 15219 PHONE (412) 350-4495 ♦ FAX (412) 350-5883 TIMOTHY H. JOHNSON JOHN DEIGHAN, CPCP DIRECTOR CHIEF PURCHASING OFFICER This Invitation for Bid is issued by the County of Allegheny on a cooperative basis with the City of Pittsburgh. You are advised that both public organizations will be ordering from the resultant contract throughout its term. DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PURCHASING AND SUPPLIES County of DAN ONORATO Allegheny CHIEF EXECUTIVE 206 COURTHOUSE ♦ 436 GRANT STREET PITTSBURGH, PA 15219 PHONE (412) 350-4495 ♦ FAX (412) 350-5883 TIMOTHY H. JOHNSON JOHN DEIGHAN, CPCP DIRECTOR CHIEF PURCHASING OFFICER Dear Bidder: Enclosed is Allegheny County and the City of Pittsburgh's Invitation for Bid (IFB) for Steel, Wood and Recycled Composite Park Benches. I ask that you please read the entire document and decide if you would like to submit a bid for the County and City's requirements. Allegheny County, with a population of approximately 1.3 million, is the second largest county in the State, and effective January 1, 2000 is a Home Rule county with an elected Chief Executive, an appointed County Manager and a 15-member County Council. The Allegheny County Division of Purchasing and Supplies is taking a leadership role in public purchasing throughout the United States with a competent, professionally certified and experienced staff as mostly recently demonstrated as a recipient of the 2002-2006 Achievement of Excellence in Procurement awards. There are three sections to this IFB: 1) your Bid, 2) the Specifications and 3) the Instructions to Bidders. All three sections will be incorporated into any resultant contract. There are several things that can assist the County in processing and evaluating your bid. If you would please - Stamp your company name on each page of your bid. If you are trading as a Corporation, your bid must be signed by the President or Vice-President and attested by the Secretary or Treasurer. Another authorized person may sign if accompanied by a power of attorney. Include one (1) original and one (1) identical photocopy of your bid. Both documents must be in one sealed envelope clearly stating the Specification Number. The bid shall be mailed to address on the cover sheet of this IFB. Be sure that you submit your bid before the opening date and time as stated on page one of the Specifications. Provide points of contact. Be sure that all signatures are "live". Sign on the proper lines (Individual, Partnership, or Corporation). If a bid bond is required, make sure it is in the correct amount and properly signed. Be sure you have affixed the corporate seal. Be sure the bid has pricing submitted with decimal points. Indicate whether municipalities are permitted to purchase under this Contract. Sincerely, John Deighan, CPCP Chief Purchasing Officer Revised 3/07 NO BID SHEET SPECIFICATION #6303 STEEL, WOOD AND RECYCLED COMPOSITE PARK BENCHES If your firm has chosen not to submit a bid for this IFB, please complete this form and fax or mail to: County of Allegheny Division of Purchasing and Supplies Room 206 Courthouse 436 Grant Street Pittsburgh, PA 15219 (412) 350-5883 Fax Please check all items that apply: [ ] Do not sell the item(s) required. [ ] Cannot be competitive. [ ] Cannot meet the Specifications highlighted in the attached Bid. [ ] Cannot provide the Insurance required. [ ] Cannot provide Performance Bond required. [ ] Cannot comply with County Instructions to Bidders. [ ] Job is too large. [ ] Job is too small. [ ] Cannot hold pricing for entire contract period. [ ] Past problems with the County of Allegheny/City of Pittsburgh. Please Explain: ____________________________________________________ [ ] County / City payment process is too slow. Please circle one or both. [ ] Do not wish to do business with the County / City. Please circle one or both. [ ] Other reason. Please Explain: ____________________________________________________ COMPANY NAME:____________________________________________________________ CONTACT:____________________________________PHONE #_______________________ COMPANY NAME_________________________________________________________________________ KK/11/09 DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PURCHASING AND SUPPLIES ROOM 206 COURTHOUSE BID FOR STEEL, WOOD AND RECYCLED COMPOSITE PARK BENCHES Spec. #6303 In accordance with the attached Specifications, Instructions to Bidders, and drawings, we (or I) propose to furnish and DELIVER F.O.B. Point of Delivery, Steel, Wood and Recycled Composite Work Benches to the City of Pittsburgh and the County of Allegheny at the following prices. PRICE UNIT OF ITEM MEASURE DESCRIPTION 1 TO 6 7 OR MORE 1 each 6' Bench $ $ 2 each Recycled Composite Slat Benches $ $ 6' Bench 3 each Recycled Composite Slat Benches $ $ 8' Bench Freight charges shall be the responsibility of the vendor. Prices to include freight, F.O.B. Point of Delivery to any point within the City of Pittsburgh as designated when order is placed. PERIOD OF CONTRACT: One (1) year, January 1, 2010 through December 31, 2010 The use of the name of a manufacturer or of any special brand or make in describing an item does not restrict bidders to that manufacturer. The means or the method used is simply to indicate the character or quality of the articles desired; however, the articles on which bids are submitted must be of such character or quality that they will serve the purpose for which they are to be used equally as well as that specified. If bidding on other than the make, model or brand specified the manufacturer's name and catalogue reference must be given. IF THESE SPECIFICATIONS ARE NOT CLEAR, OR YOU FEEL THEY ELIMINATE COMPETITIVE BIDDING IN AN UNFAIR AND UNNECESSARY MANNER, YOU MAY OBTAIN A BID PROTEST FORM BY CALLING 412-350-4497, or ON THE COUNTY'S WEB SITE http://www.county.allegheny.pa.us/forms/index.asp. THE BID PROTEST FORM MUST BE COMPLETED AND RETURNED TO THE PURCHASING DIVISION, ROOM 206 COURTHOUSE, PITTSBURGH, PA 15219 OR FAX 412-350-5883, BY 12:00 P.M. ON THE MONDAY BEFORE THE BIDS ARE TO BE OPENED. Do you agree to make available to the Councils of Government, Municipalities, Authorities and School Districts within Allegheny County, all items contained in this bid at the bid price quoted for the entire Contract Period? (Please be advised as this is a co-operative Invitation for Bid, this optional contract availability is not applicable to the City of Pittsburgh as your act of submitting a bid enables both the County and City to utilize the resultant contract. YES NO COMPANY NAME_________________________________________________________________________ BID for STEEL, WOOD AND RECYCLED COMPOSITE PARK BENCHES SPEC# 6303 PAGE 2 of 3 Do you agree to make available to all political sub-division and authorities of the Commonwealth of Pennsylvania all items contained in this bid at the bid price quoted for the entire Contract Period? (Please be advised as this is a co-operative Invitation for Bid, this optional contract availability is not applicable to the City of Pittsburgh as your act of submitting a bid enables both the County and City to utilize the resultant contract. YES NO BUY AMERICAN CERTIFICATE The bidder or offeror hereby certifies that each end product, except the end products listed below, is a domestic source end product (as defined in the clause entitled "Buy American Policy"); and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States. List the sum of the declared values of all the imported components installed or included on such products. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ COMPANY INFORMATION (This information is for tracking purposes only and has no role in the determination of the lowest, responsive, responsible bidder.) [ ] check here if your firm is registered with the Allegheny County Department of Minority, Women and Disadvantaged Business Enterprises [ ] check here if your firm is a "Minority Business Enterprise" or "MBE" as defined in the Small Business Act, 15 USC [ ] check here if your firm is a "Women Business Enterprise" or "WBE" as defined in the Small Business Act, 15 USC [ ] check here if your firm is a "Small Business" as defined by the Small Business Administration (13 C.F.R. 121.201, in most cases, this means a business with 500 or fewer employees) COMPANY NAME_________________________________________________________________________ BID for STEEL, WOOD AND RECYCLED COMPOSITE PARK BENCHES SPEC# 6303 PAGE 3 of 3 ___________________________________ *** FOR PAYMENT PURPOSES *** Print Name of Business ___________________________________ __________________________________ 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) This page must be signed with a live signature and signed in BLUE INK. COMPANY NAME_________________________________________________________________________ KK 11/09 DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PURCHASING AND SUPPLIES ROOM 206 COURTHOUSE SPECIFICATIONS FOR STEEL, WOOD AND RECYCLED COMPOSITE PARK BENCHES Spec. #6303 GENERAL INSTRUCTIONS TO SUPPLIERS Purpose of Invitation for Bid Separate and sealed Bids will be received at the Office of the Controller of Allegheny County, Room 104 Courthouse, Pittsburgh, PA until 11:00 A.M., prevailing time, Wednesday, December 9, 2009, and will be publicly opened at 11:30 A.M., prevailing time, Wednesday, December 9, 2009 in the presence of the Acting Chief Purchasing Officer of the Division of Purchasing and Supplies, or his designee, in Room 410 Courthouse, Pittsburgh, PA for Steel, Wood and Recycled Composite Park Benches. Addenda and Modifications Any changes, additions, deletions, or clarifications to the IFB are made by Bulletins (addenda). Any supplier in doubt as to the true meaning of any part of the IFB may request any interpretation thereof from the Issuing Office. At the request of the supplier, or in the event the Issuing Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Issuing Office. Such addendum issued by the Issuing Office will be sent to all suppliers receiving the original IFB and will become part of the IFB having the same binding effect as provisions of the original IFB. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the Issuing Office no later than seven (7) days prior to the IFB due date. All addenda, bulletins, and interpretations of this solicitation shall be in writing. Any amendment or interpretation that is not in writing shall not legally bind the County. Only information supplied by the Issuing Office in writing or in this IFB should be used in preparing bids. All contact that a supplier may have had before or after receipt of this IFB with any individuals, employees, or representatives of the County and any information that may have been read in any news media or seen or heard in any communications facility regarding this IFB should be disregarded in preparing responses. The County does not assume responsibility for the receipt of any addendum sent to suppliers. A copy of all addenda issued must be signed and returned with your bid. Clarification of Requirements It is the intent and purpose of the County that this IFB permit competitive bids. It shall be the supplier's responsibility to advise the Issuing Office if any language, requirements, or any combination thereof, inadvertently restricts or limits the requirements stated in this IFB to a single source. Such notifications must be submitted in writing and must be received by the Issuing Office no later than seven (7) days prior to the due date. A review of such notification will be made. Conflict of Interest The supplier shall not accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the County. COMPANY NAME_________________________________________________________________________ SPECIFICATIONS for STEEL, WOOD AND RECYLED COMPOSITE PARK BENCHES SPEC# 6303 PAGE 2 of 14 By signing their bid, the supplier certifies and represents to the County that the supplier has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantaged, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this IFB. Bid Submission Bidders are requested to submit one original and one photocopy of their bid (they shall both be in the same sealed envelope). Bidders must include their company name and address, RFB for Steel, Wood and Recycled Composite Park Benches Specification Number 6303 and opening date, on the outside of the envelope. Bids are due at the County Controller's Office, Allegheny County Courthouse, 436 Grant Street, Room 104, Pittsburgh, PA 15219. Bids shall be accepted in person, by U.S. Mail or by private courier service. No bids shall be accepted via oral or e/mail communication, telephone or fax transmission. SECTION 02870- CONSTRUCTION OF STEEL, WOOD AND RECYCLED COMPOSITE SLAT BENCHES PART 1 – GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following site furnishings: 1. Benches: Metal and Wood B. Related Sections include the following: C. Division 9 Section 09911 "Painting of Metal Benches" 1.3 PERFORMANCE REQUIREMENTS A. General: Fabricate bench to withstand loads indicated, determine allowable design working stresses of metal and wood materials based on the following: 1. Steel: 72 percent of minimum yield strength B. Structural Performance: Provide bench capable of withstanding the effects of gravity loads and the following loads and stresses within limits and under conditions indicated: 1. Uniform load of 50 lbf/ft. (0.73kN/m) applied in any direction 2. Concentrated load of 200 lbf (0.89kN) applied in any direction 3. Uniform and concentrated loads need not be assumed to act concurrently C. Control of Corrosion: Prevent galvanic action and other forms of corrosion by insulating metals and other materials from direct contact with incompatible materials. COMPANY NAME_________________________________________________________________________ SPECIFICATIONS for STEEL, WOOD AND RECYLED COMPOSITE PARK BENCHES SPEC# 6303 PAGE 3 of 14 1.4 SUBMITTALS A. Product Date: For each type of product indicated, include construction details, material descriptions, dimensions of individual components and profiles, finishes, field-assembly requirements and installation details. B. Samples for Initial Selection: 1. Clear wood as specified on bench drawings. Submit sample showing overall form and quality of wood to be used. Include samples of beveled and radius edges as indicated on bench drawing and historic photograph. a. Submit not less than three planks of 4'-0" in length to show full range of wood characteristics and quality. C. Samples for Verification: For each type of exposed finish required, prepared on samples of size indicated below. 1. Size: Not less than 12-inch- (300-mm-) long linear. 2. Steel: steel frame/standard components used in bench fabrication and assembly. 3. Steel Rivets: for bench assembly. 4. Sample of riveted connection. 5. Sample of bolted connection (steel and wood). 6. Painted metal; for color and finish 7. Wood finish: for color and finish D. Material Certificates: For furnishings construction, signed by manufacturers. 1. Wood Preservative Treatment: Include certification by treating plant stating type of preservative solution and pressure process used, net amount of preservative retained, and compliance with applicable standards. 2. Sustainably Harvested Wood: Include certification by manufacturer and from sources that participate in sustained yield programs. E. Mock-Up of component Parts: Provide a full size assembled bench metal assembly of the leg, seat/back support and arm rest as indicated on drawings. 1. Make minor modifications to bench as directed by the Representative of the City of Pittsburgh Department of Public Works. a. Modifications to comply with the design intent as indicated on contract drawings and to match prototype bench as made available by the Pittsburgh Department of Public Works. 2. Failure to provide a satisfactory component assembly shall be sufficient reason for termination of the contract. 1.5 QUALITY ASSURANCE A. Source Limitations: engage site furnishing manufacturer or fabricator with 10 years experience in construction, fabrication and installation of similar public furnishings. 1. Provide a list of similar products fabricated and regional locations of fabrication installations. 2. Obtain materials through one source for each material used in fabrication and installation. B. Acceptable manufacturers include: 1. Architectural Iron Company, Milford, PA 18337 COMPANY NAME_________________________________________________________________________ SPECIFICATIONS for STEEL, WOOD AND RECYLED COMPOSITE PARK BENCHES SPEC# 6303 PAGE 4 of 14 (800) 442-4766 or approved equal 1.6 EXTRA MATERIALS A. Furnish extra materials described below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Replacement Steel Standard Components: Not less than six (6) full-size standards (legs) and braces for benches per one hundred (100) benches ordered, pro-rated. PART 2- PRODUCTS 2.1 MATERIALS A. Steel: Free from surface blemishes and complying with the following: 1. Shapes and bars: ASTM A 36, hot rolled. 2. Steel bolts and rivets: Structural Grade A425 or A325 ASTM B. Wood: Surfaced smooth on four sides with eased edges; kiln dried, free of knots, solid stock of species indicated. 1. Oak: clear grade, vertical grain a. Finish: three (3) coats oil based clear marine spar varnish b. Beveled edges on all exposed edges and ends of bench back and seat slats c. Radius edge at front bench seat plank d. Pocket recesses on underside of front bench seat plank (three [3] locations on six foot bench, four [4] location on eight foot bench) C. Recycled composite slat bench: Surface smooth on four sides with eased edges; trex (Winchester Gray or Saddle) or approved equal. 1. Beveled edges on all exposed edges and ends of bench back and seat slats 2. Radius edge at front bench seat plank 3. Pocket recesses on underside of front bech seat plank (three [3] locations on six foot bench, four [4] location on eight foot bench 2.2 BENCHES A. Frame: Painted Steel B. Wood Seat and Back: Oak Clear of all knots and disfigurations and unsightly blemishes C. Arms: Painted Steel D. Seat Height: As indicated on Drawings E. Overall Height: As indicated on Drawings F. Overall Width: As indicated on Drawings G. Overall Depth: As indicated on Drawings H. Seat Surface Shape: Flat, contoured to metal frame shape as indicated on Drawings I. Unit Configuration: Curved concave / convex to radius indicated on Drawings J. Assembled Configuration: To match historic bench as indicated on Drawings and in historic photograph. K. Steel Finish: Primed and painted. 1. Color: As selected by Representative of the City of Pittsburgh Department of Public Works from manufacturer's full range. 2. See painting specification section for painting requirements COMPANY NAME_________________________________________________________________________ SPECIFICATIONS for STEEL, WOOD AND RECYLED COMPOSITE PARK BENCHES SPEC# 6303 PAGE 5 of 14 L. Wood Finish: Shop-applied clear polyurethane 1. Polyurethane: See Section 09911 for Polyurethane material 2.3 FABRICATION AND ASSEMBLY A. Steel Components: Form to required shapes and sizes with true, consistent curves, lines, and angles. Separate metals from dissimilar materials to prevent electrolytic action. B. Steel Bar and bench frame standards: Form simple and compound curves by bending members in jigs to produce uniform curvature for each repetitive configuration required; maintain cross section of member throughout entire bend without buckling, twisting, cracking, or otherwise deforming exposed surfaces of bench components. C. Steel Surfaces: Maintain prime coat on steel during fabrication operations to prevent full oxidation of metal surfaces. Re-prime as necessary. Bare metal steel components are not permitted. D. Riveted Connections: Rivet connections as indicated on contract drawings. At exposed connections, finish surfaces to be smooth and blended so no roughness or unevenness shows after finishing and welded surface matches contours of adjoining surfaces. E. Bolted Connections: Secure wood slats to metal standards as indicated on contract drawings. Black oxide carriage bolts and acorn nuts to be utilized. Apply touch up coat of varnish over carriage bolt head. Cut screw length at bottom and rear bench extensions to flush with nut. F. Exposed Surfaces: Sanded, or otherwise finished; smooth all surfaces, free from burrs, barbs, splinters, and sharpness; all edges and ends rolled, rounded, or capped. G. Preservative – Treated Wood Components: not used. H. Shop Assembly: Assemble components in the shop; field assembly is not permitted. 2.4 FINISHES, GENERAL A. Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes. B. Appearance of Finished Work: Variations in appearance of abutting or adjacent bench component pieces are acceptable if they are within one-half of the range of approved Samples. Noticeable variations in the same piece are not acceptable. Variations in appearance of other components are acceptable if they are within the range of approved Samples and are assembled or installed to minimize contrast. 1. Steel components to be primed and painted. 2. Wood seat and back to have a clear marine varnish. PART 3 – EXECUTION 3.1 EXAMINATION A. Examine full size bench mock-up with Representative of the City of Pittsburgh Department of Public Works present, for compliance with requirements for correct fabrications to drawings and specifications as provided and agreed to, including tolerances and other conditions affecting performance. COMPANY NAME_________________________________________________________________________ SPECIFICATIONS for STEEL, WOOD AND RECYLED COMPOSITE PARK BENCHES SPEC# 6303 PAGE 6 of 14 B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PACKAGING AND DELIVERY, GENERAL A. Deliver fabricated benches to location as determined and agreed to with the City of Pittsburgh Department of Public Works. B. Unless otherwise indicated, carefully unload benches to avoid any damage to finishes or materials. Remove packing and transport materials from benches including any tape or binding materials that may have caused damage to finish or materials. 1. Make necessary repairs and / or replacement of materials or finishes that have been damaged during packaging and delivery operations. C. Arrange benches in the location agreed to, arranging them on level ground and in a way to avoid any dislodging or damage. 1. Secure approval of shipment by signed receipt of an authorized representative of the city of Pittsburgh Department of Public Works. D. Remove all packing debris and / or equipment and dispose of same legally and off site. END OF SECTION 02870 SECTION 09911 – PAINTING OF STEEL AND WOOD BENCHES PART 1 – GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract apply to this Section 1.2 SUMMARY A. This Section includes surface preparation of metal and wood components of the bench for paint and varnish finishes. 1. Surface preparation, priming, and finish coats specified in this Section are in addition to shop priming and surface treatment specified in other Sections. a. Metal Bench standards, armrests and metal components 2. Surface preparation, cleaning and sanding for wood slats in preparation for varnish application are included in this section. B. Paint all metal surfaces, including areas to be covered by wood slats. C. Polyurethane all wood surfaces including the underside and back sides of wood slats to be blocked by metal components. D. Related Sections include the following: 1. Division 2 Section "Steel and Wood Benches" COMPANY NAME_________________________________________________________________________ SPECIFICATIONS for STEEL, WOOD AND RECYLED COMPOSITE PARK BENCHES SPEC# 6303 PAGE 7 of 14 1.3 DEFINITIONS A. General: Standard coating terms defined in ASTM D 16 apply to this Section. 1. Flat refers to a lusterless or matte finish with a gloss range below 15 when measured at an 85- degree meter. 2. Eggshell refers to a low-sheen finish with a gloss range between 20 and 35 when measured at a 60-degree meter. 3. Semigloss refers to a medium-sheen finish with a gloss range between 35 and 70 when measured at a 60-degree meter 4. Full gloss refers to a high-sheen finish with a gloss range more than 70 when measured at a 60- degree meter. 1.4 SUBMITTALS A. Product Data: For paint system indicated, include primers 1. Paint for metal components 2. Polyurethane for wood finishes 3. Manufacturer's Information: Manufacturer's technical information, including label analysis and instructions for handling, storing, and applying each coating material. B. Samples for Initial Selection: For type of finish-coat material indicated. 1. Contractor to provide chip samples of the manufacturer's standard color for initial selection by a Representative of the City of Pittsburgh Department of Public works C. Samples for Verification: For color and finishes on actual substrate material, to simulate actual conditions of finished product. 1. Submit three (3) samples on the following substrates for Representative of the City of Pittsburgh Department of Public Works, review of color and texture only: a. Ferrous Metal: 6-inch (150-mm-) long by full width and thickness, samples of painted metal b. Wood Slats: 12" long by full width and thickness of Polyurethane on Oak Slats 2. Final approval of color and finish will be based on acceptance of finish samples. D. Qualification Data: For applicator. 1.5 QUALITY ASSURANCE A. Applicator Qualifications: A firm or individual experienced in applying paints and coatings similar in material, design, and extent to those indicated for this Project, whose work has resulted in applications with a record of successful in-service performance. B. Source Limitations: Obtain primer and finish coat materials from the same manufacturer. C. MPI Standards: 1. Products: complying with MPI Standards indicated and listed in its "MPI Approved Products List" COMPANY NAME_________________________________________________________________________ SPECIFICATIONS for STEEL, WOOD AND RECYLED COMPOSITE PARK BENCHES SPEC# 6303 PAGE 8 of 14 1.6 DELIVERY, STORAGE AND HANDLING A. Deliver materials to place of fabrication in manufacturer's original, unopened packages and containers bearing manufacturer's name and label and the following information: 1. Product name or title of material. 2. Product description (generic classification or binder type) 3. Manufacturer's stock number and date of manufacture. 4. Contents by volume, for pigment and vehicle constituents. 5. Thinning instructions 6. Application instructions. 7. Color name and number 8. VOC content B. Store materials not in use in tightly covered containers in a well-ventilated area at a minimum ambient temperature of 45 degrees F (7 deg C.) Maintain storage containers in a clean condition, free of foreign materials and residue. 1. Protect from freezing. Keep storage area neat and orderly. Remove oily rags and waste daily. 1.7 PROJECT CONDITIONS A. Apply waterborne paints only when temperatures of surfaces to be painted and surrounding air are between 50 and 90 deg F (10 and 32 deg C). B. Apply solvent-thinned paints only when temperatures of surfaces to be painted and surrounding air are between 45 and 95 deg F (7 and 35 deg C). C. Do not apply paint in snow, rain, fog, or mist; or when relative humidity exceeds 85 percent; or at temperatures less than 5 deg F (3 deg C) above the dew point; or to damp or wet surfaces. 1. Painting may continue during inclement weather if surfaces and areas to be painted are enclosed and heated within temperature limits specified by manufacturer during application and drying periods. D. Adhere strictly to manufacturer's recommended dry times for Polyurethane applications before application of subsequent coats. 1.8 EXTRA MATERIALS A. Furnish extra paint and Polyurethane materials from the same production run as the materials applied and in the quantities described below. Package with protective covering for storage and identify with labels describing contents. Deliver extra materials to Owner. 1. Quantity: Furnish Owner with extra paint materials in quantities indicated below. a. Exterior, Gloss epoxy polyurethane: 1 gal (3.8 L) of each color applied. b. Exterior grade Polyurethane : 1 quart (0.95 L) 2. Above amounts are per one-hundred (100) benches ordered, pro-rated COMPANY NAME_________________________________________________________________________ SPECIFICATIONS for STEEL, WOOD AND RECYLED COMPOSITE PARK BENCHES SPEC# 6303 PAGE 9 of 14 PART 2 – PRODUCTS 2.1 MANUFACTURERS A. Available Products: subject to compliance with requirements, products that may be incorporated into the work include, but are not limited to, products listed in other Part 2 articles. B. Manufacturers' Names: shortened version (shown in parentheses) of the following manufacturers' names are used in other Part 2 articles: 1. Benjamin Moore & Co. (Benjamin Moore) 2. PPG Industries, Inc. (Pittsburgh Paints) 3. Sherwin-Williams Co. (Sherwin-Williams) 4. Dunn Edwards Corporation 5. Valspar / McCloskey 6. Janovic Plaza 2.2 PAINT MATERIALS, GENERAL A. Material Compatibility: Provide primers and finish-coat materials that are compatible with one another and with the substrates indicated under conditions of service and application as demonstrated by manufacturer, based on testing and field experience. B. Material Quality: Provide manufacturer's best-quality paint and varnish material of the various coating types specified that are factory formulated and recommended by manufacturer for application indicated. Paint and Polyurethane material containers not displaying manufacturer's product identification will not be acceptable. 1. Proprietary Names: Use of manufacturer's proprietary product names to designate colors or materials is not intended to imply that products named are required to be used to the exclusion of equivalent products of other manufacturers. Furnish manufacturer's material data and certificates of performance for proposed substitutions. C. Colors: As selected by Representative of the City of Pittsburgh Department of Public Works from manufacturer's full range. 2.3 EXTERIOR PRIMERS A. Exterior Ferrous-Metal Primer: Factory-formulated rust-inhibitive metal primer for exterior application. 1. Benjamin Moore: Moore's IMC Alkyd Metal Primer No. M06: Applied at a dry film thickness of not less than 2.0 mils (0.051 mm) 2. Pittsburgh Paints; 90-712 Pitt-Tech One Pack Interior / Exterior Primer Finish DTM Industrial Enamel; Applied at a dry film thickness of not less than 3.0 mils (0.076 mm) 3. Sherwin-Williams; Kem Kromik Universal Metal Primer B50NZ6/B50WZ1: Applied at a dry film thickness of not less than 3.0 mils (0.076 mm) 2.4 POLYURETHANES A. Interior /Exterior Spar Urethane (Gloss): 1. VOC 350 g/L maximum COMPANY NAME_________________________________________________________________________ SPECIFICATIONS for STEEL, WOOD AND RECYLED COMPOSITE PARK BENCHES SPEC# 6303 PAGE 10 of 14 B. Manufacturers' Names: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, products listed in other Part 2 articles. 1. Minwax 350 VOC Helmsman spar Urethane, Clear Gloss 2. Or Approved Equivalent 2.5 FINISH COATS A. Exterior Gloss Polyurethane Reinforced Epoxy Enamel PART 3 – EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions for compliance with requirements for paint and polyurethane application, including compliance with requirements for maximum moisture content and other conditions affecting performance of work. 1. Maximum Moisture Content of Wood Substrates: 15 percent when measured with electronic moisture meter 2. Verify compatibility with and suitability of substrate 3. Proceed with paint or polyurethane application only after unsatisfactory conditions have been corrected and surfaces receiving finishes are thoroughly dry. 4. Notify City of Pittsburgh Department of Public Works Representative about anticipated problems when using the materials specified over substrates if primed by others in advance of finish application. B. Coordination of Work: Schedule work to allow for full painting of metal bench components prior to assembly including attachment of wood slats. 1. Repair and correct any painted surfaces that become damaged or finish blemished from assembly operations. 3.2 PREPARATION A. General: Comply with manufacturer's written instructions and recommendations in "MPI Architectural Painting Specification Manual" applicable to substrates in use. B. Apply paint and polyurethane in advance of bench assembly. Touch up and repair any damaged painted surfaces as a result of assembly operations. 1. Paint exposed nut and bolt connections at the rear and underside of bench following assembly. C. Surface Preparation: Clean and prepare surfaces to be painted according to manufacturer's written instructions for each particular substrate condition and as specified. 1. Ferrous Metals: Clean ungalvanized ferrous-metal surfaces that have not been shop coated; remove oil, grease, dirt, loose mill scale, and other foreign substances. Use solvent or mechanical cleaning methods that comply with SSPC's recommendations. a. Blast steel surfaces clean as recommended by paint system manufacturer and according to SSOC-SP 10/NACE No. 2. b. Treat bare and sandblasted or pickled clean metal with a metal treatment wash coat before priming. COMPANY NAME_________________________________________________________________________ SPECIFICATIONS for STEEL, WOOD AND RECYLED COMPOSITE PARK BENCHES SPEC# 6303 PAGE 11 of 14 c. Touch up bare areas and shop-applied prime coats that have been damaged. Wire- brush, clean with solvents recommended by paint manufacturer and touch up with same primer as the shop coat. D. Material Preparation: Mix and prepare paint materials according to manufacturer's written instructions. 1. Maintain containers used in mixing and applying paint in a clean condition, free of foreign materials and residue. 2. Stir material before application to produce a mixture of uniform density. Stir as required during application. Do not stir surface film into material. If necessary, remove surface film and strain material before using. 3. Use only thinners approved by paint manufacturer and only within recommended limits. 3.3 APPLICATION A. Scheduling Painting and Polyurethane Applications: Apply first coat to surfaces that have been cleaned, pretreated, or otherwise prepared for paint and varnish as soon as practical after preparation and before subsequent surface deterioration. 1. The number of coats and film thickness required are the same regardless of application method. Do not apply succeeding coats until previous coat has cured as recommended by manufacturer. If sanding is required to produce a smooth, even surface according to manufacturer's written instructions, sand between applications. 2. Omit primer over metal surfaces that have been shop primed and touchup painted. 3. If undercoats, stains, or other conditions show through final coat of paint, apply additional coats until paint film is of uniform finish, color, and appearance. Give special attention to ensure that edges, corners, crevices, welds, and exposed fasteners receive a dry film thickness equivalent to that of flat surfaces. 4. Allow sufficient time between successive coats to permit proper drying. Do not recoat surfaces until paint has dried to where it feels firm, and does not deform or feel sticky under moderate thumb pressure, and until application of another coat of paint does not cause undercoat to lift or lose adhesion. 5. Apply not less than two (2) finish coats of paint on metal surfaces. 6. Apply not less than four (4) finish coats of polyurethane to wood surfaces on front of bench and apply not less than three (3) finish coats to back of bench. B. Minimum Coating Thickness: Apply paint materials no thinner than manufacturer's recommended spreading rate to achieve dry film thickness indicated. Provide totally dry film thickness of the entire system as recommended by manufacturer. C. Prime Coats: Before applying finish coats, apply a prime coat, as recommended by manufacturer, to material that is required to be painted or finished and that has not been prime coated by others. Recoat primed and sealed surfaces where evidence of suction spots or unsealed areas in first coat appears, to ensure a finish coat with no burn-through or other defects due to insufficient sealing. D. Pigmented (Opaque) Finishes: Completely cover surfaces as necessary to provide a smooth, opaque surface of uniform finish, color, appearance, and coverage. Cloudiness, spotting, holidays, laps, brush marks, runs, sags, ropiness, or other surface imperfections will not be acceptable. E. Completed Work: Match approved samples for color, texture, and coverage. Remove, refinish or repaint work not complying with requirements. COMPANY NAME_________________________________________________________________________ SPECIFICATIONS for STEEL, WOOD AND RECYLED COMPOSITE PARK BENCHES SPEC# 6303 PAGE 12 of 14 3.4 FIELD QUALITY CONTROL A. Owner reserves the right to invoke test procedure at any time and as often as Owner deems necessary during the period when paint is being applied. 1. Owner may direct Contractor to stop painting if test results show material being used does not comply with specified requirements. Contractor shall remove noncomplying paint, pay for testing, and repaint surfaces previously coated with the noncomplying paint. If necessary, Contractor may be required to remove noncomplying paint from previously painted surfaces if, on repainting with specified paint, the two coatings are incompatible. 3.5 CLEANING A. Cleanup: At the end of painting operations, remove empty cans, rags, rubbish, and other discarded paint materials from work area. 1. After completing painting, clean wood and any other paint-spattered surfaces. Remove spattered paint by washing without scratching or damaging affected surfaces. 2. After completion of polyurethane application clean metal of any other polyurethane splattered surfaces. Remove by methods recommended by polyurethane manufacture and that are not detrimental to the finish of painted surfaces. 3.6 EXTERIOR PAINT SCHEDULE A. Ferrous Metal: Provide the following finish systems over exterior ferrous metal. Primer is not required on shop-primed items. 1. Gloss Polyurethane Epoxy Enamel Finish: over a rust-inhibitive primer a. Primer: Exterior ferrous-metal primer b. Finish Coats: Gloss polyurethane epoxy modified enamel 1) Black END OF SECTION 09911 Period of Contract: One (1) year, January 1, 2010 – December 31, 2010 OPTION TO EXTEND The Division of Purchasing and Supplies, reserves the right, upon notice to the supplier, to extend the Contract or any part of the Contract for up to three (3) months, upon the same terms and conditions after the indicated expiration date as described in the Contract. This will be utilized to prevent a lapse in Contract coverage for the goods or services indicated on the Contract, and only for the time necessary to enter into a new 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. CITY OF PITTSBURGH & COUNTY AUTHORITY USAGE Notwithstanding that, bids have been solicited and let in the name of the County of Allegheny; any of its authorities as well as the City of Pittsburgh may purchase any item of personalty under a County contract to be awarded to the bidder. The bidder agrees to deliver any materials ordered by its authorities as well as the City of Pittsburgh. The County, however, shall not be liable to the bidder by reason of such purchases since the permission granted to buy under existing contracts by the County is for convenience of the other public bodies who shall be deemed to have made contracts in their own names, using the contract procedures of the County solely to satisfy existing requirements of law relating to purchases by public bodies. COMPANY NAME_________________________________________________________________________ SPECIFICATIONS for STEEL, WOOD AND RECYLED COMPOSITE PARK BENCHES SPEC# 6303 PAGE 13 of 14 INSURANCE The supplier shall obtain and maintain during the life of the Contract, with an insurance supplier rated not less than A- by A.M. Best, authorized to do business in the Commonwealth of Pennsylvania, the following insurance requirements: Automobile Liability. Bodily injury and property damage liability covering all non-owned and hired automobiles for limits of not less than $1,000,000 bodily injury each person, each accident and $1,000,000 property damage, or $1,000,000 combined single limit - bodily injury and property damage. Bodily injury and property damage liability covering all owned automobiles for limits of not less than $300,000 bodily injury each person, each accident and $300,000 property damage, or $300,000 combined single limit – bodily injury and property damage. Commercial General Liability. Bodily injury and property damage liability as shall protect the Supplier and any subcontractor performing work under the Contract, from claims of bodily injury or property damage which arise from operation of the Contract, whether such operations are performed by the supplier, any subcontractor, or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 bodily injury each occurrence/aggregate and $1,000,000 property damage each occurrence/aggregate, or $1,000,000 bodily injury and property damage combined single limits each occurrence/aggregate. This insurance shall include coverage for products, operations, personal injury liability and contractual liability, assumed under the indemnity provision of the Contract. Professional Liability. Coverage as shall protect the Supplier and any subcontractor performing work under the Contract, from claims errors and omissions which arise from operation of the Contract, whether such operations are performed by the Supplier, any subcontractor, or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 each occurrence/aggregate and $1,000,000 excess liability, each occurrence/aggregate. Worker's Compensation and Employers Liability. The supplier shall meet the statutory requirements of the Commonwealth of Pennsylvania, $100,000 per accident limit, $500,000 disease per policy limit, $100,000 disease each employee limit Proof of Insurance. The supplier shall not commence any work in connection with the Contract until it has obtained all of the foregoing types of insurance and proof of such insurance has been approved by County. The supplier shall not allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and approved. Deductibles. The County shall be exempt from, and in no way liable for any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the supplier and/or subcontractor providing such insurance. Additional Insured. The County shall be named as an additional insured for operations or services rendered under the general liability coverage. The supplier's insurance shall be primary of any self-funding and/or insurance otherwise carried by the County for all loss or damages arising from the supplier operations under this agreement. Certificates of such insurance will be furnished to the County and shall contain the provision that the County be given thirty (30) days written notice of any intent to amend or terminate by either the insured or the insuring supplier. Documents. Should any or all of the required insurance coverage be self-funded/self-insured, a copy of the Certificate of Self-Insurance or other documentation from the County Department of Insurance shall be furnished. If any part of the work under the Contract is sublet, the subcontractor shall be required to meet all insurance requirements set forth in the Contract, provided that types and amounts of insurance to be maintained by each subcontractor shall be adjusted to an amount reasonably necessary to cover the risks associated with such subcontractor's role in the project. The parties stipulate that the supplier will maintain each type of insurance set forth above at a coverage level equal to at least half of the amount set forth above for such type of insurance. However, nothing contained herein shall relieve the supplier from meeting all insurance requirements or otherwise being responsible for the subcontractor. COMPANY NAME_________________________________________________________________________ SPECIFICATIONS for STEEL, WOOD AND RECYLED COMPOSITE PARK BENCHES SPEC# 6303 PAGE 14 of 14 MINORITY, WOMEN AND DISADVANTAGED BUSINESS ENTERPRISES a. Allegheny County and The City of Pittsburgh have established MWDBE goals in connection with this solicitation. The goals for Allegheny County are 13% of the original contract amount for the utilization of MBEs and 2% of the original contract amount for the utilization of WBEs. The goals for the City of Pittsburgh are 18% of the original contract amount for the utilization of MBEs and 7% of the original contract amount for the utilization of WBEs. The City of Pittsburgh and The County of Allegheny will work together to achieve the highest possible level of MWDBE participation in all contracts resulting from this solicitation. b Once a bidder is determined to be the "apparent low bidder", it must supply an M/W/DBE plan within seven days after notification. If the plan is not acceptable or not submitted, the County will deem the bid non-responsive. The County will then request that the next apparent low bidder supply its M/W/DBE plan. Thus, it behooves all bidders to formulate their M/W/DBE plan before submitting a bid. A list of PA certified M/W/DBE firms can be found on the Internet at http://www.paucp.com. c. The above stated goals shall remain in effect throughout the life of the contract. When the County awards the contract with less participation than the contract goals, good faith efforts should continue throughout the life of the contract to increase the M/W/DBE participation to meet the contract goals. A copy of above program is attached and will be considered part of the contract documents. Bidder shall submit one (1) original and one (1) identical photocopy of this bid. The County will purchase Steel, Wood and Recycled Composite Park Benches as needed during the contract period. The County reserves the right to reject any and all bids, also the right to waive any minor discrepancies in the bids when deemed to be in the best interest of the County. The County retains the right to terminate this contract upon thirty (30) days written notice. "The successful bidder is required to comply with the Worker and Community Right to Know Act, 35 P.S. S7301 et seq. In addition to any requirements of the Act, the successful bidder shall supply the Purchasing Division with a copy of the Material Safety Data Sheet for each hazardous substance or hazardous mixture supplied." MINORITY AND WOMEN BUSINESS ENTERPRISE UTILIZATION AFFIRMATIVE ACTION REQUIREMENTS 1) MBE (Minority Business Enterprise) and WBE (Women Business Enterprise) Goals The County has established in connection with this contract, the specified goals in the Bid Form for the utilization of MBEs and WBEs. These goals remain in effect throughout the life of the contract. 2) Policy It is the policy of the County that Minority and Women Business Enterprises as defined in this Document and Allegheny County MBE Participation Plan shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with County funds under this contract. 3) MBE and WBE Obligation Take necessary and reasonable steps to ensure that MBEs and WBEs have the maximum opportunity to compete for and perform contracts. Do not discriminate on the basis of race, color, national origin, or sex in the award and performance of County contracts. 4) Failure to Comply With MBE and WBE Requirements Failure to carry out these requirements constitutes a breach of contract that may result in termination of the contract, being barred from bidding on County contracts for up to three (3) years or such other remedy as the County deems appropriate. Failure to comply with MBE and WBE requirements will include but not be limited to failure to submit the Schedule of MBE and WBE Participation within the time requirements of these provisions for submission of required documents or failure to exert a reasonable good faith effort (as determined by the County for good faith efforts) to meet the established goals or failure to realize the MBE and WBE participation set forth in the approved Schedule of MBE and WBE Participation or failure to submit the Schedule of MBE and WBE in every subcontract, so that such provisions will be binding upon each subcontractor, supplier, or service agency. 5) Subcontracts Include the provisions of above paragraphs in every subcontract, so that such provisions will be binding upon each subcontractor, supplier, or service agency. 6) Definitions As used in this Document, the terms "Minority Business Enterprise," "Women Business Enterprise," "Minority," and "Owned and Controlled" are defined below: i) "Minority Business Enterprise" or "MBE" means a small business concern as defined in Small Business Act, 15 USC as amended: (a) Which is at least 51 percent owned by the one or more minority individuals, or, in the case of any corporation at least 51 percent of the stock of which is owned by one or more minority individuals and: (b) Whose management and daily business operations are controlled by one or more of the minority individuals who own it. ii) "Women Business Enterprise" or "WBE" means a small business concern as defined in Small Business Act, 15 USC as amended: (a) Which is at least 51 percent owned by the one or more female individuals, or, in case of any corporation at least 51 percent of the stock of which is owned by one or more female individuals; and (b) Whose management and daily business operations are controlled by one or more of the female individuals who own it. iii) Minority means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who are Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, or Asian-Indian Americans and any other disadvantaged or individuals found to be disadvantaged by Small Business Administration pursuant to Section 8(a) of the Small Business Act as amended. For convenience, these individuals and groups are referred to as "disadvantaged." The County may make a rebuttable presumption that individuals in the following groups are minorities and socially and economically disadvantaged (use the certification appeals mechanism of 49 CFR, Part 26 as amended with respect to individuals alleged not to be minorities and socially and economically disadvantaged): (a) "Black Americans," which includes persons having origins in any of the Black racial groups of Africa; (b) "Hispanic Americans," includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race; (c) "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; (d) "Asian-Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, .Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marians. (e) "Asian-Indian Americans," which includes persons whose origins are from India, Pakistan and Bangladesh. iv) "Owned and Controlled" means a business: (a) Which is at least 51 percent owned by one or more minority or female persons, in case of a corporation, at least 51 percent of the stock of which is owned by one or more minority or female persons; and (b) Whose management and daily business operation are controlled by one of more such individuals. 7) Counting MBE and WBE Participation Towards MBE and WBE Goals The utilization of MBEs and WBEs is in addition to other equal opportunity requirements of the contract. Count MBE and WBE participation toward meeting MBE and WBE goals as follows: (a) If a firm is determined to be an eligible MBE or WBE, the total dollar value of the contract awarded to the MBE or WBE counts toward the applicable MBE or WBE goal EXCEPT per provisions of this paragraph. (b) Count toward the MBE and/or WBE goal(s) a portion of the total dollar value of a contract with a joint venture equal to the percentage of ownership and control of the MBE and/or WBE participant(s) in the joint venture. (c) Count the total dollar value of a contract with a business certified as both an MBE and WBE toward the WBE or the MBE goal but not to both. If a firm with such dual certification is employed choose the goal to which the total contract value is to be applied. (d) Count toward the MBE or WBE goal only expenditures to MBEs or WBEs that perform a commercially useful function in the work of a contract. As MBE or WBE is considered to perform a commercially useful function when it is responsible for execution of a distinct element of the work of a contract and carrying out its responsibilities by actually performing, managing, and supervising the work involved. To determine whether an MBE or WBE is performing a commercially useful function, the County will evaluate the amount of work subcontracted, industry practices, and other relevant factors. (e) Suppliers count toward the MBE or WBE goal 60 percent of expenditures for materials and supplies required under the contract and obtained from an MBE or WBE regular dealer and count toward the MBE or WBE goal 100 percent of expenditures to an MBE or WBE manufacturer. (i) An MBE or WBE manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies you purchase for the work. (ii) An MBE or WBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. (iii) An MBE or WBE regular dealer is a firm that engages in, as its principal business, and in its own name, the purchase and sale of the products in question. An MBE, WBE or DBE regular dealer in such bulk items as steel, cement, gravel, stone and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. (iv) MBE or WBE brokers and MBE or WBE packagers are not regarded as MBE or WBE manufacturers or MBE or WBE regular dealers within the meaning of these provisions. (f) Count toward the MBE or WBE goal the following expenditures to MBE or WBE firms that are not MBE or WBE manufacturers or MBE or WBE regular dealers: (i) The fees or commissions charged for providing a BONA FIDE service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities (ii) The fees charged for delivery of materials and supplies required on a job site (but not the cost of the materials and supplies themselves) when the MBE or WBE hauler, MBE or WBE trucker, or MBE or WBE delivery service is not also the MBE or WBE manufacturer of or an MBE or WBE regular dealer in the materials and supplies, provided that the fee is determined by the County to be reasonable and not excessive as compared with fees customarily allowed for similar services. (iii) The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the contract, provided that the fee or commission is determined by the County to be reasonable and not excessive as compared with fees customarily allowed for similar services. (2) Any services to be performed by an MBE or WBE agency is required to be readily identifiable to the Contract. 8) Action Required by Contractor(s) at Bidding Stage and Prior to Award If apparent low bidder MEETING or EXCEEDING the MBE and WBE goals, provide the following to the Chief Purchasing Officer by 4:00 P.M. of the seventh (7th) calendar day after notification: i) Schedule of MBE and WBE Participation. The designated area must be completed and signed by MBE/WBE firms(s) identified by the apparent low bidder/contractor as a participant(s) in the Contract prior to submission. The County reserves the right to contact any MBE/WBE firm(s) with regard to the authenticity of the documentation as stated on the schedule of MBE/WBE Participation form. Any evidence of fraudulent information submitted by the apparent low bidder/contractor with regard to the MBE/WBE participation is subject to disbarment from County work and/or possible legal action. ii) MBE and WBE Certification Application for each uncertified MBE and WBE firm send original to County MBE and WBE Administrator, 204 County Office Building, Pittsburgh, PA 15219; send a copy to the Chief Purchasing Officer. iii) Information for Determining Joint Venture Eligibility (PDT Form E0-352) for each joint venture with an MBE or WBE send original to County MBE and WBE Administrator; send a copy to the Chief Purchasing Officer. b) If apparent low bidder NOT MEETING the goals established by the County submit the MBE and WBE Goals Attainment Certification with you Bid Form and demonstrate good faith efforts to meet the MBE and WBE contract goals. Demonstrate that the efforts made were those that a contractor actively and aggressively seeking to meet the goals established by the County would make, given all relevant circumstances. i) You are expected to demonstrate good faith efforts by actively and aggressively seeking out MBE and WBE participation in the Contract to the maximum extent given all relevant circumstances. The following documentation represents the kinds of efforts that may be taken but is not deemed to be exclusive or exhaustive and the County will consider other related factors and types of efforts that may be relevant. Demonstrate then your good faith efforts and your diligent efforts to meet the specified MBE and WBE goals and make a concerted effort in that time between bid opening and your submittal (below) to meet MBE and WBE goals. Finally, provide to the Chief Purchasing Officer on his request the information specified above as well as other relevant information including but not limited to the following by the time specified: (a) Documentation of efforts made to select portions of the work proposed to be performed by MBEs and WBEs in order to increase the likelihood of achieving the stated goal, including, where appropriate, but not limited to, breaking down contracts into economically feasible units to facilitate MBE and WBE participation. Selection of portions of work shall equal or exceed the goals for MBE and WBE utilization specified in the contract. (b) Written notification dated at least fifteen (15) calendar days prior to the opening of bids to individual MBEs and WBEs soliciting their participation in the contract as a subcontractor, regular dealer, manufacturer, consultant or service agency. Indicate in the notification the specific items or type of work involved. (c) Written notification to minority, women and disadvantaged economic development assistance agencies and organizations which provide assistance in recruitment and placement of MBEs and WBEs, of the type of work, supplies or services being considered by MBEs and WBEs on this contract. See Allegheny County's MBE/WBE Business Directory for partial listing. (d) Documentation of efforts made to negotiate with MBEs and WBEs for specific items of work: (i) The names, addresses, telephone numbers of MBEs and WBEs who were contacted in person or by phone, the dates of initial contact and whether initial solicitations of interest were followed up by contacting the MBEs and WBEs to determine with certainty whether the MBEs and WBEs were interested; (ii) A description of the information provided to MBEs and WBEs regarding the plans and specifications and estimated quantities for portions of the work to be performed; (iii) A statement of why additional agreements with MBEs and WBEs were not reached; (iv) Documentation of contact with each MBE and WBE contacted but rejected and the reasons for the rejection. (e) Documentation to certify absence of any agreement between you and a MBE or WBE in which the MBE or WBE promises not to provide subcontracting quotations to other bidders. (f) Documentation of efforts made to assist the MBEs or WBEs that need assistance in obtaining required bonding, insurance, or lines of credit required by you. (g) Documentation to certify that qualified MBEs and WBEs are not available, or not interested. (h) Documentation to certify attendance at any meetings scheduled by the County or others to encourage better Contractor-MBE/WBE relationships, forthcoming MBE and WBE utilization opportunities, etc. (i) Documentation to certify advertisement in general circulation media, trade association publications, disadvantaged-focus media of interest for MBEs and WBEs and area of interest. (j) Documentation of efforts to effectively use the services of available disadvantaged community organizations; disadvantaged contractors' groups; local, state and federal disadvantaged business assistance offices; and other organizations that provide assistance in recruitment and placement of MBEs and WBEs. (2) Consider the following NOT valid justification for failure to meet the MBE and WBE contract goals: (a) Failure to contract with a MBE or WBE solely because the MBE or WBE was unable to provide performance and/or payment bonds. (b) Rejection of reasonable MBE or WBE bid or quotation based on price alone. (c) Equipment idled by contract with a MBE or WBE. (d) Failure to contract with an MBE or WBE because the MBE or WBE will not agree to perform items of work at the unit price bid. (e) Rejection of an MBE or WBE because of its union or non-union status. (f) Failure to contract with an MBE or WBE because you normally would perform all or most of the work in the contract. (g) Restricting efforts to mailing of letters. (3) When the documentation required above is not provided by the apparent low bidder on request within the time specified, the bid will be rejected and the next apparent lowest responsible bidder will be notified by the Chief Purchasing Officer to provide the form, Schedule of MBE and WBE Certification, and as applicable an MBE and WBE Certification Application and Information for Determination of Joint Venture Eligibility by 4:00 P.M. of the seventh (7th) calendar day after notification. 9) Action to be Taken by the County Before Award. If the apparent low bidder meets the MBE and WBE contract goals and other contract requirements, the County will award to that bidder. If any MBE or WBE listed is not certified by the County at the time the County desires to award a contact, the County may issue a conditional award to the apparent low bidder. i) To ensure that its MBE and WBE program benefits only firms owned and controlled by MBEs and WBEs, the County has established that eligibility of business enterprises as MBEs and WBEs or as joint ventures involving MBEs and WBEs will be based on the County's MBE and WBE listing. ii) By identifying an entity as an MBE or WBE you represent to the County that, to the best of your knowledge, information, and belief, that entity so identified is certified as a MBE or WBE on the County's MBE and WBE listing or is eligible for certification as such prior to award or prior to MBEs or WBEs commencement of work in the case of a conditional award. iii) The County will confirm your certification of MBEs and WBEs and reserves the right to make such inquiry and require such substantiation as the County, in its discretion, deems appropriate to enable it to determine whether a given entity is an MBE or WBE or is eligible for certification as such. The burden of proving that an entity identified by you as an MBE or WBE is not in fact certified as an MBE or WBE and that MBE or WBE is not eligible to be so certified prior to award or prior to that MBE's or WBE's commencement of work in the case of a conditional award, and if it appears that your error was made in good faith, then the County may permit you to, within ten (10) calendar days of notice of such error, identify new subcontractors, suppliers, or manufacturers which are in fact certified as MBEs or WBEs or which qualify for certification prior to award or prior to the MBE's or WBE's commencement of work in case of a conditional award. iv) If the apparent low bidder meets other contract requirements but fails to meet the MBE and WBE contract goals, the County will review the apparent low bidder's MBE and WBE data and its documentation of good faith efforts and diligent efforts to meet the MBE and WBE contract goals. If its efforts are deemed satisfactory, the Chief Purchasing Officer will recommend award. v) If the County cannot accept the apparent low bidder's documentation of good faith efforts and diligent effort, the bid will be considered non-responsive and the County will notify the apparent low bidder that its bid is being rejected. The County will then notify the next apparent lowest responsible bidder on the Contract to provide to the Chief Purchasing Officer the information outlined in Paragraph 22.214.171.124.1 above by 4:00 P.M. of the seventh (7th) calendar day after notification. Proposal and appropriate MBE and WBE data will be evaluated by the County. If the County, during the review of the bidder's MBE and WBE data and diligent efforts documentation, has questions, it will contact the bidder for clarification. 10) Action to be Taken by the County After Award To ensure that your obligations regarding MBEs and WBEs are met, the County will review your MBE and WBE program and its implementation during the life of the contract. i) Sanctions: Upon completion of the work the County will review the actual MBE and WBE participation realized and make a determination regarding your compliance with these specifications: ii) In the event you are found to be in non-compliance the County may impose sanctions that it deems appropriate. iii) The County may impose sanctions for unwarranted shortfalls in the approved goal. iv) Make appeals of sanctions imposed pursuant to the Certification Regulations. 11) Action Required by Contractor After Award. When the County approves a Schedule of MBE and WBE Participation with less MBE and WBE participation than the goals, continue efforts to increase MBE and WBE participation and to meet the goals after award. i) Ensure that the firms listed on the form, Schedule of MBE and WBE Participation, do not commence work until they are certified. ii) If, for any reason during the life of the contract, it is necessary to replace a MBE or WBE that is unable to perform successfully, make a good faith effort and diligent effort to recontract that work with another MBE or WBE or subcontract other work items to MBE or WBE firms to makeup the MBE or WBE shortfall. If the projected MBE or WBE participation on an approved Schedule of MBE and WBE Participation exceeds the goal amount for the contract, without counting the amount committed to the defaulting MBE or WBE then no contract shortfall exists and you need not replace the defaulting MBE or WBE. In compliance with the above adhere to the following procedure: iii) Notify the County immediately in writing of the MBE's or WBE's inability to perform and intent to obtain a substitute MBE or WBE if an MBE or WBE contract shortfall exists. iv) When you learn an MBE or WBE is unable to perform successfully and the original schedule of MBE and WBE Participation amount cannot be met provide the County with a revised Schedule of MBE and WBE Participation (show total paid/due, if any, to defaulting MBE or WBE), completed certification form for each uncertified MBE or WBE, and additional good faith efforts and diligent efforts documentation by 4:00 P.M. of the seventh (7th) calendar day thereafter. The County will evaluate this documentation. The County will contact you if it has questions during its review of your good faith efforts and diligent efforts documentation. v) During the seven (7) calendar day period specified in subsection 3.c, plus an additional period for County processing of the revised schedule of MBE and WBE Participation you may continue the defaulted work with your own forces to maintain the scheduled progress of the work. vi) If the County cannot accept your good faith efforts, or, if you fail to comply with these provisions, that will constitute a breach of contract that may result in termination of the contract, being barred from bidding on County contracts for up to three (3) years or such other remedy as the County deems appropriate. vii) When additional and/or extra work is necessary and the original contract amount exceeds $150,000 the MBE and WBE contract goals apply to that additional and/or extra work each time the cumulative net dollar value of additional and/or extra work either exceeds $100,000 or is greater than 10 percent of the original contract amount. Provide a revised Schedule of MBE and WBE Participation to the Chief Purchasing Officer and comply with the following procedures: viii) Contact available MBE and WBE referral sources and qualified MBEs and WBEs in an effort to contract the required percentage of the additional and/or extra work or subcontract other work items with MBEs and WBEs. ix) Provide the Chief Purchasing Officer with a revised Schedule of MBE and WBE Participation and good faith effort information by 4:00 P.M. of the seventh (7th) calendar day after notification that the additional and/or extra work is approved. x) The County will evaluate your good faith efforts information. Again the County will contact you if it has questions during review of your good faith effort information. xi) Bring to the attention of the County, in writing, any situation in which regularly scheduled progress payments are not made to MBE and WBE sub-contractors, suppliers, or service agencies. 12) Records and Reports Keep such records as are necessary to determine compliance with your MBE and WBE obligations. Design these records to indicate: (1) The number of minority, women, disadvantaged and non-disadvantaged subcontractors, regular dealers, manufacturers, consultants, and service agencies and the type of work or materials or services performed on or incorporated in Contract. (2) The progress and efforts made in seeking out minority, women, and disadvantaged contractor organizations and individual minority, women, and disadvantaged contractors for work on The Contract to increase the MBE and WBE participation and/or to maintain MBE and WBE participation levels on the Schedule of MBE and WBE Participation anytime a subcontractor, supplier, or service contract is contemplated during the life of the contract. Do this, as a minimum, anytime a contract with a subcontractor, regular dealer, manufacturer, consultant, or service agency is contemplated during the life of this contract. (3) Documentation of correspondence, contacts, telephone calls, etc., to obtain the services of MBEs and WBEs on The Contract. ii) Submit a monthly MBE and WBE Report on County form to Chief Purchasing Officer no later than 5 working days after the end of the month. Indicate on/attach with the MBE and WBE Report: (1) Contracts awarded to MBEs and WBEs noting type of work, supplies or services, original and final amount of each contract awarded to each firm, and contract execution dates. (2) The actual amount paid each MBE and each WBE during the calendar month and paid to date. (3) A copy of the executed subcontract, purchase order, or agreement for the month during which such actions occur. (4) (On completion of each MBEs and WBEs work) Paid invoices or certification attesting to actual amount paid each MBE and each WBE and an explanation of difference between actual amount paid and award amount if any. iii) Maintain records for a period of three years following acceptance of final payment. Make records available for inspection by the County. 13) Specific Equal Employment Opportunity (EEO) Responsibilities General - To effectively implement specific EEO requirements, the following provisions pursuant to Executive Order 11246 and the General Conditions will apply to the performance of the Contract. Include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. i) Equal Employment Opportunity Office - Designate and make known to County contracting officers, an equal employment opportunity officer (EEO Officer) who shall have the responsibility for and be capable of effectively administering and promoting an active program of equal employment opportunity and who shall be assigned adequate authority and responsibility to do so. ii) Dissemination of Policy - Make members of staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, fully cognizant of, and fully involved in implementation of the equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. At a minimum take the following actions to ensure that the above agreement is met: iii) Conduct periodic meetings of supervisory and personnel office employees before the start of work and not less often than once every six months thereafter to review and explain equal employment opportunity policy and its implementation. Insure that the EEO Officer or other knowledgeable company official conducts the meetings. iv) Ensure that new supervisory or personnel office employees are thoroughly indoctrinated by the EEO Officer or other knowledgeable company official on your equal employment opportunity obligations within thirty (30) days following their reporting for duty. v) Ensure that the EEO Officer or appropriate company official instructs personnel who are engaged in direct recruitment for the Contract in procedures for locating and hiring minority group employees. vi) Take the following actions to insure that your equal employment opportunity policy is passed on to employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc: (1) Place notices and posters setting forth equal employment opportunity policy in areas readily accessible to employees, applicants for employment and potential employees. (2) Bring equal employment opportunity policy and procedures to implement policy to the attention of employees by means of meetings, employee handbooks, or other appropriate means. vii) Recruitment - When advertising for employees, include in advertisements for employees the notation: "An equal Opportunity Employer." Publish such advertisements in newspapers or other publications having a large circulation among minority groups in the area from which the Contract work force would normally be derived. viii) Unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, identify, through the EEO Officer, sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred for employment consideration. ix) Observe the provisions of valid bargaining agreements providing for exclusive hiring of referrals to the extent that the system permits compliance with equal employment opportunity contract provisions (the U.S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the Contractor to do the same, such implementation violates Executive Order 11246, as amended). x) Encourage present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to employees. Discuss information and procedures with regard to referring minority group applicants with employees. xi) Personnel Action - Establish and administer wages, working conditions, and employee benefits, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, without regard to race, color, religion, sex, or national origin. Adhere to the following procedures: xii) Conduct periodic inspections of Contract sites to ensure that working conditions and employees facilities do not indicate discriminatory treatment of Contract site personnel. xiii) Periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. xiv)Periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, include all affected persons in such corrective action. xv) Promptly investigate all complaints of alleged discrimination in connection with obligations under the contract; attempt to resolve such complaints, and take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, take corrective action to include such other persons. Upon completion of each investigation, inform every complainant of his avenues of appeal. xvi)Training and Promotion - Assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. xvii) Consistent with work force requirements and as permissible under Federal and State regulations, make full use of training program, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a Provision for trainees is provided in the Supplementary Conditions, this subparagraph will be superseded. xviii) Advise employee and applicants for employment of available training programs and entrance requirements for each. xix)Periodically review the training and promotion potential of minority group and women employees and encourage eligible employees to apply for such training and promotion. xx) Unions. If reliant in whole or in part upon unions as a source of employees, use best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Take actions either directly or through a Contractor's association acting as agent to include: xxi)Use of best efforts to develop, in cooperation with unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. xxii) Use of best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. xxiii) Obtaining information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information, so certify to the County and set forth what efforts have been made to obtain such information. xxiv) In the event the union is unable to provide a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, fill, through independent recruitment efforts, the employment vacancies without regard to race, color, religion, sex or national origin, making full efforts to obtain qualified and/or qualifiable minority group persons and women (The U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) xxv) In the event that union referral practices prevent your meeting the requirements of these Supplementary Conditions, immediately notify the County. xxvi) Subcontracting. Use best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Obtain lists of approved MBE & WBE firms from the County. xxvii) Use best efforts to ensure subcontractor compliance with these equal employment opportunity obligations. xxviii) Records and Reports. Keep records as are necessary to determine compliance with the equal employment opportunity obligations. Design the records to indicate: xxix) The number of minority and non-minority group members and women employed in each work classification on the Contract. xxx) The progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applies only to contractors who rely in whole or in part on unions as a source of their work force). xxxi) The progress and efforts being made in locating, hiring, training, qualifying and upgrading minority and female employees, and xxxii) The progress and efforts being made in securing the services of minority group subcontractor or subcontractors with meaningful minority and female representation among their employees. xxxiii) Retain records for a period of three years following completion of the contract work and make records available at reasonable times and places for inspection by authorized representatives of the County. xxxiv)Submit a report each month after the contract begins for the duration of the Contract, indicating the work hours, number of minority, women and non-minority group employees currently engaged in each work classification required by the contract work. Report this information on County Form MBE/WBE Status Report, in accordance with the instructions included thereon. xxxv) E.E.O. Covered Area. For the purpose set forth in these Supplementary Conditions and Executive Order 11246 the covered area for this Contract is as follows: xxxvi)For Contractors who are signatory to the Hometown Plan the covered area is Allegheny County, which is within the Economic Area of Pittsburgh, PA., as listed in Appendix C of Executive Order 11246, which is attached to these Specifications. xxxvii) For Contractors who are NOT signatory to the Hometown Plan the covered area is Allegheny County which is within the Economic Area of Pittsburgh, PA and shall be included under the Pittsburgh, PA 6.3 percent goal in Appendix B of Executive Order 11246. ALLEGHENY COUNTY M/W/DBE PARTICIPATION STATEMENT A GOOD FAITH EFFORT MUST BE MADE TO MEET THE M/W/DBE CONTRACT GOALS OF 13%MBE AND 2%WBE PARTICIPATION AS OUTLINED IN THE 'MINORITY AND WOMEN BUSINESS ENTERPRISE UTILIZATION AFFIRMATIVE ACTION" DOCUMENT THIS PACKET INCLUDES THE FOLLOWING: 1. ROAD MAP TO MAKING A GOOD FAITH EFFORT 2. SOLICITATION AND COMMITMENT FORM FAILURE TO COMPLETE AND SUBMIT EACH SHEET OF THE ENCLOSED SOLICITATION & COMMITMENT FORM MAY BE SUFFICIENT CAUSE FOR BID REJECTION You may contact the Allegheny County Department of Minority, Women and Disadvantaged Business Enterprise (M/W/DBE) at (412) 350-4309 with any questions regarding the completion of the required forms. Road Map to Making a Good Faith Effort Allegheny County expects all firms to demonstrate a good faith effort to include Minority Business Enterprises (MBEs) and Women Business Enterprises (WBEs) when bidding on County contracts. Allegheny County has established specific goals for the utilization of MBEs and WBEs, which are 13% and 2% respectively. A good faith effort as defined by the Code of Federal Regulations (49CFR26) means efforts to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirements. The following are examples of areas in which a good faith effort may be demonstrated: Example 1: If bidding as a manufacturer, are there aspects of the manufacturing process or material use in the manufacturing of the commodity that can be acquired from a certified M/W/DBE? If the answer is yes, indicate on the solicitation and commitment form those M/W/DBE firms you have solicited in an effort to meet the contract goals for participation. Example 2: If bidding as a service provider or supplier/broker, are there aspects of the contract that can be performed by a certified M/W/DBE in areas of personnel, transportation, assembly or procurement of products, distribution or other aspects of the contract which can be subcontracted out? If the answer is yes, indicate on the solicitation and commitment form those M/W/DBE firms you have solicited in an effort to meet the contract goals for participation. If you are not successful in securing M/W/DBE participation after a "Good Faith Effort" is made, provide the following in your waiver request: A detailed account of your efforts; Your normal business practice and /or inventory profile; and An active diversity plan/policy ****Certified M/W/DBEs can be found through the Pennsylvania Unified Certification Program website (www.paucp.com) and the Pennsylvania Department of General Services website (www.dgs.state.pa.us)**** ALLEGHENY COUNTY M/W/DBE PARTICIPATION STATEMENT Failure to complete this form and submit it with the bid may be sufficient cause for rejection of bid or proposal. SOLICITATION AND COMMITMENT MINORITY, WOMEN AND DISADVANTAGED BUSINESS ENTERPRISES BID or RFP NUMBER NAME OF BIDDER or PROPOSER ADDRESS PHONE NUMBER List below ALL M/W/DBE's that were solicited - whether or not commitment was obtained -- Copy this form as necessary MBE____ WBE____ DBE____ TYPES OF SUBCONTRACT DATE SOLICITED COMMITMENT MADE GIVE REASON(S) IF NO CERTIFIED BY: WORK OR MATERIALS _____YES(IF YES GIVE DATE) COMMITMENT MADE COMPANY NAME MONTH ___DAY___YR______ SOLICITATION METHOD _______NO ADDRESS AMOUNT COMMITTED QUOTE RECEIVED CONTACT PERSON / PHONE # YES NO $ AMOUNT ________________ % OF TOTAL BID ___________ MBE____ WBE____ DBE____ TYPES OF SUBCONTRACT DATE SOLICITED COMMITMENT MADE GIVE REASON(S) IF NO CERTIFIED BY: WORK OR MATERIALS _____YES(IF YES GIVE DATE) COMMITMENT MADE COMPANY NAME MONTH ___DAY___YR______ SOLICITATION METHOD _______NO ADDRESS AMOUNT COMMITTED QUOTE RECEIVED CONTACT PERSON / PHONE # YES NO $ AMOUNT ________________ % OF TOTAL BID ___________ MBE____ WBE____ DBE____ TYPES OF SUBCONTRACT DATE SOLICITED COMMITMENT MADE GIVE REASON(S) IF NO CERTIFIED BY: WORK OR MATERIALS _____YES(IF YES GIVE DATE) COMMITMENT MADE COMPANY NAME MONTH ___DAY___YR______ SOLICITATION METHOD _______NO ADDRESS AMOUNT COMMITTED QUOTE RECEIVED CONTACT PERSON / PHONE # YES NO $ AMOUNT ________________ % OF TOTAL BID ___________ Prepared by:________________________ Signature:________________________ Title:___________________ Date:______________ Page 3 of 4 ALLEGHENY COUNTY M/W/DBE PARTICIPATION STATEMENT (Waiver Request) NAME of BIDDER or PROPOSER : _______________________________________________ ADDRESS: _______________________________________________ _______________________________________________ _______________________________________________ TELEPHONE NUMBER: _______________________________________________ CONTACT PERSON: _______________________________________________ SPEC NUMBER & TITLE: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ IN ALL INSTANCES A GOOD FAITH EFFORT MUST BE MADE TO MEET THE M/W/DBE CONTRACT GOAL AS OUTLINED IN SECTION 22.214.171.124 OF THE "MINORITY AND WOMEN BUSINESS ENTERPRISE UTILIZATION AFFIRMATIVE ACTION REQUIREMENTS" DOCUMENT. If you plan to perform the entire contract without using MWBDE subcontractors and/or suppliers or have not completely met the MWDBE goal of 13%MBE and 2% WBE, a detailed explanation of your normal business practice, operation and/or inventory profile, as well as an active company diversity plan/policy shall be included in your request for a waiver. WAIVER OF THE M/W/DBE CONTRACT GOAL IS REQUESTED FOR THE FOLLOWING REASONS: NOTE: The fully completed M/W/DBE Participation Statement must accompany this waiver request, that shows your "Good Faith Effort". Prepared by:___________________________ Signature:________________________________ Title:_______________________ Date:_____________ Page 4 of 4 ALLEGHENY COUNTY DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PURCHASING AND SUPPLIES ROOM 206 COURTHOUSE GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS PREAMBLE - (Bidder: You are advised to review the instructions, general rules and conditions which follow as they apply to all purchases and become a definite part of each formal solicitation and resulting contract award issued by the Division of Purchasing and Supplies, unless otherwise specified. Bidders or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids, failure to do so will be at the bidder's own risk and relief cannot be secured on the plea of error.) Subject to Commonwealth of Pennsylvania and local laws, policies, resolutions and regulations and all accepted rules, regulations and limitations imposed by legislation of the Federal Government, bids on all solicitations issued by the Division of Purchasing and Supplies will bind bidders to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation. 1) SIGNATURES – a) If you are trading as an individual, you must insert your full name, business address and residence address in the body of the bid and you must sign on the line indicated for individual principal. b) If you are trading as a partnership, individual names of all the partners must appear in the body of the bid and all members of the partnership must execute the bid on the lines indicated for partnership principals. If needed, additional lines may be added on the signature page. Be sure to include your full business address. c) If you are trading as a corporation, the name of the corporation, its principal office and state of incorporation must appear in the body of the bid and the bid must be signed by the president (or vice-president) and attested by the official secretary (or assistant secretary) and the corporate seal must be affixed on the lines indicated for corporate principal. If the contract is executed or attested by any other than the officers set forth, the bid must be accompanied by a power of attorney carrying certification of current date. The Power of Attorney may have either a live or a facsimile signature. If the corporation has no corporate seal or it is unavailable, a handwritten or adhesive seal shall appear following the corporate name with a statement that no corporate seal exists or that it is unavailable. d) A corporation must also complete a certificate of corporate principal for the persons executing the bid, which must be signed by the secretary, and the corporate seal affixed. Instead of such certification, you may attach corporate records indicating authority of the person signing, which must be certified by the secretary or assistant secretary with corporate seal affixed, to be true copies. 2) NUMBER OF BIDS – Bidder shall submit one (1) original and one (1) photocopy of the bid (they shall be in the same envelope). Please indicate clearly on the bid which one is the copy. Any price discrepancy shall result in Allegheny County (the "County") accepting the lowest (or most advantageous) price. The original shall be the "controlling document" from which the bid tabulation shall be created and thus the price from which the basis of award shall be evaluated. 3) UNIQUE BIDS - No bidder may submit more than one bid for the same item, nor may he submit multiple bids by or through the agency of any partner, employee or other entity. If a bidder does submit more than one bid document, the County will only consider for award the last bid document received. 4) BID SUBMISSIONS - This bid shall be completed, signed and submitted to the Office of the Controller of Allegheny County. Copies needed for the bidder's records are the responsibility of the bidder. Each bid must be in a separate sealed envelope with both the bid number and opening date plainly visible on the envelope. Bids must be received at the place, time and date specified. Bidders are responsible to assure each bid is properly marked and timely delivered. The County assumes no financial obligations for preparation and submittal of bids. Bidder shall be solely responsible for understanding the specifications and requirements. 5) VIEWING OF BIDS AND CONFIDENTIALITY - Bids shall be subject to viewing by bidders and the public by appointment at the Office of the Controller and, after tabulation, at the Division of Purchasing and Supplies. All pricing and documents submitted by bidders to the County shall be considered public documents and open and available for public viewing and copying. 6) BID ALTERATIONS – a) Any alterations and/or deletions to the bid form as received by Allegheny County shall be grounds for rejection of the bid, in whole or in part. In completing the bidding documents, bidder should not add, delete or vary any of the terms or conditions of any documents prepared by the County. If the bidder makes any substantial changes in any of the documents, the County shall reject the bid. If the bidder makes insubstantial changes, the County may, in its discretion, either reject the bid or waive the discrepancy and, the changes shall be accepted only to the extent that they are consistent with the original bidding documents. Bidder warrants that all goods and services described by bidder in its bid and all samples submitted by bidder to the County shall conform to the specifications. The Chief Purchasing Officer may waive insubstantial errors in the bid and specifications. b) Bidder is permitted to scan bidding documents, in order to computer generate responses. Bidder shall not in any way change or alter any of the text of the document, however any necessary changes, revisions or clarifications, should be noted in parenthesis at the end of the text. If there are any discrepancies, the original County text shall prevail. 7) BID ERRORS – If a Bidder submits a bid with a price that is patently incorrect, such that a "reasonable person" would recognize the error, the Bidder shall be given the opportunity to withdraw the entire bid or only the incorrect line item in a bid. If the Bidder wishes to withdraw the entire bid or only a line item, the Bidder shall, within five working days of bid opening, state in a letter to the County the reason for the mistake and request that the County not consider the bid or line item for award. 8) SPECIFICATION ERRORS AND BULLETINS (AMENDMENTS) - If any alleged errors are noted in the bid specifications, bidder should immediately notify the County and, if confirmed, a bulletin shall be sent to all bidders. A copy of all bulletins issued shall be submitted with the bid documents to the County 9) CLARIFICATION –The County reserves the right to request clarification of any bid before bid award. 10) BID PRICES HELD - Contracts shall be awarded within ninety (90) days of the bid opening unless an extension is agreed to, in writing, between the bidder and the County. 11) ASSIGNMENT - Bidder shall have no right or power to assign or delegate any rights or duties pursuant to this Agreement without the prior written permission of the Chief Purchasing Officer. Any assignment or delegation so permitted shall be subject to all the terms, conditions and other provisions of this Agreement, and bidder shall remain liable to the County with respect to each and every term, condition and other provision hereof to the same extent that bidder would have been obligated if no assignment or delegation had been made. 12) QUALIFIED BIDDERS - All bidders must be merchants dealing in the goods and services on which they bid, and must be qualified to advise as to their application and use. Bidders warrant, and must be able, upon request, to demonstrate, that they possess the knowledge, experience, skill, capital, stock, charters, licenses, permits, patents and personnel necessary to satisfactorily perform the contract for which they submit bids. 13) SAMPLES a) By submitting a bid, the bidder agrees to deliver to the County, at the County's request and at no cost to the County, samples of any or all items upon which the bidder bid. Said samples shall not be returned to the bidder. Inspection or testing by the County does not constitute a waiver of any claims or rights which the County otherwise would have with respect to the quality of goods or workmanship. County shall specify the quantity of samples. If bidder inadvertently provides an incorrect sample or otherwise wishes to exchange the submitted sample with a correct sample, the bidder shall provide a detailed written explanation to the County and have a legitimate reason for the exchange. The bidder shall have only one opportunity to perform such an exchange. b) County, at its sole discretion, shall have the right to arrange for testing of samples to determine whether they are within bid specification. County shall indicate to bidder that it desires testing and advise which samples are to be tested and for what purpose. The following additional guidelines shall be followed: (1) Laboratory/testing facility used shall be pre-approved by County; (2) Suppliers shall be solely and fully responsible for the expenses of testing regardless of whether or not the tested sample(s) meets specification; (3) County and bidder shall immediately communicate upon County's request for testing to determine which laboratory/testing facility shall be used, as well as the time frame in which tests are to be conducted and reported to County; (4) The laboratory which tests the samples shall report its results directly to both County and bidder. 14) 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 15) NEW MATERIAL - Unless otherwise provided in the specifications, all goods to be supplied to the County shall be from new, unused, current stock. 16) 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. 17) 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. 18) 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. 19) FIRM, FIXED PRICING - Unless otherwise provided in the specifications, all prices shall remain fixed throughout the term of the contract, and bids containing escalation, discount, or other price adjustment provisions will be rejected if such provisions are not consistent with a common standard against which all bids may be judged. In arriving at the bid price, the bidder shall take into consideration all discounts for cash and all other credits and allowances. Any discount or other uncalled for allowance quoted will not be considered in making the award and may be the cause for the rejection of the bid. 20) PROMPT PAYMENT DISCOUNT – a) Unless otherwise specified in this solicitation, prompt payment discounts requiring payment in fewer than fifteen (15) days will not be considered in evaluating a bid for award. However, even though not considered in the evaluation, such discounts will be taken if payment is to be made within the discount period. b) In connection with any discount offered, time will be computed from the date of delivery of the supplies to the carrier when delivery, inspection and acceptance are at the point of origin; or, from date of delivery, inspection and acceptance at destination; or from date correct invoice or voucher is received in the office specified by the County, if the latter is later than the date of acceptance. In the event the supplier does not indicate a prompt payment discount, it shall be construed to mean NET 30 days. c) For the purpose of earning the discount, payment is deemed to be made as of the date of mailing of the County check. 21) LATE INVOICES – For any award resulting from this invitation for bid, bidder shall submit invoices to the County within 90 days of delivery of goods or completion of services. County reserves the right to reject and not pay any and all invoices that are submitted more than 90 days after delivery of goods or completion of services. 22) PRICE EXTENSION DISCREPANCIES - In case of discrepancy between the prices listed by the bidder for separate items or single units, and the total price, the item or unit prices shall prevail. 23) TAX EXEMPT - The County is exempt from Federal excise taxes, transportation taxes and state sales taxes. Therefore, bidder should not include any such taxes in its calculations or in the prices bid. 24) 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. 25) AWARD CRITERIA AND BASIS FOR REJECTION - Unless otherwise provided in the specifications, the County may award on an item-by-item basis, on a lump sum basis or on a combination of items basis, whichever is in the best interest of the County. The successful bidder shall be the lowest responsible, responsive bidder meeting specifications, with full consideration of cost, quality and performance. Such considerations may include, but not be limited to: superior product quality or functionality; demonstrated experience and whether the bidder can perform the contract or provide the service promptly or within the time specified without delay or interference; the quality of performance of previous contracts or services; the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; special skills; staff training and financial strength. The Chief Purchasing Officer reserves the right to award on a "multiple- criteria" or "best-value" basis. a) The County reserves the right to reject the bid of any bidder who has previously failed to perform satisfactorily any obligations to the County or is otherwise deemed not to be a responsible bidder. b) The County reserves the right to reject all bids, if it determines that such rejection is in the best interest of the County. 26) PIGGYBACKING - It is understood that the goods and services described in the specifications may be purchased by the County and any other municipal bodies as set forth in the specifications and bidder agrees to supply the goods and services to the municipal bodies on the same terms and conditions as if they were to be supplied to the County. To the extent that the municipal bodies purchase goods or services, then the municipal bodies, and not the County, shall be liable to the bidder. 27) SOLICITATION ONLY – This Invitation for Bid is a solicitation only and is not intended to be nor should it be construed to be an offer to enter into any contract or other agreement. 28) WORKMEN'S COMPENSATION ACT - Bidder agrees, in any contract involving construction or doing any work involving construction or doing of any work involving the employment of labor, to accept the provisions of the Workmen's Compensation Act and any reenactments, supplements or amendments thereto and shall insure his liability there under or file with County a certificate of exemption of insurance from the Department of Labor and Industry of the Commonwealth. 29) FATAL BID ERRORS – The following errors shall be deemed fatal and render the bid void: a) Failure to sign the bid, or bond or both, b) If the signatures are those of unauthorized persons, or c) If there is no stated pricing. All other errors are waivable at the sole discretion of the County if such errors would not invalidate a fair and just competitive bidding procedure free of favoritism and fraud and a common standard for all bidders. 30) BID AND PERFORMANCE BONDS - Whenever a bid bond or performance bond is required, the bidder may meet the requirement by submitting an acceptable cashier's check, certified check, banker's check or an irrevocable letter of credit in the amount required. Whenever a performance bond is required, the successful bidder shall keep all provisions and requirements of the bond up-to-date throughout the term of the contract. 31) MBE AND WBE CONSIDERATIONS - In accordance with Section 911.03 C. of the Allegheny County Administrative Code, the County wishes to contract with and asks that, unless otherwise prohibited in the specifications, its bidders consider contracting with Minority Business Enterprises (MBE) and Women Business Enterprises (WBE). Bidders may take necessary steps to ensure that MBEs and WBEs have an opportunity to compete for and perform contracts. Bidders are encouraged to contact the Allegheny County Department of Minority, Women and Disadvantaged Business Enterprises at 412-350-4309 or review the web site at www.county.allegheny.pa.us/mwdbe/index.asp for assistance in identifying qualified MBE and WBE firms. 32) CONTRACT - By submitting a bid, the bidder warrants that if the County makes an award to the bidder, bidder shall, at the option of the County, enter into a written contract with the County. This contract shall consist of the terms and conditions set forth in the Bid, Bulletins (if applicable), specifications, and these General Conditions and Instructions to Bidders. If no bid bond or substitute is required and bidder fails or refuses to execute the required documents within thirty (30) days after award by County, bidder shall pay to the County the difference in the amount specified in bidder's bid and the amount County shall pay to fulfill the specifications. 33) 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: a) Any company who submits a bid or proposal in bad faith, b) Any company who willfully or repeatedly breaches a contract with the County, c) Any company who refuses to accept an award, or d) Any supplier who has established a pattern or practice of unethical or immoral business practices. 34) STEEL PRODUCTS - In accordance with Act 3 of the 1978 General Assembly of the Commonwealth of Pennsylvania, approved March 3, 1978, if any steel products are to be used or supplied in the performance of the contract, only steel products produced in the United States of America, as defined therein, shall be used or supplied in the performance of the contract. 35) BRAND NAME OR EQUAL ITEMS – Unless otherwise provided in the specifications, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character, and quality of the article desired, and any article which the County in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. 36) "BUY AMERICAN" POLICY – As required in Section 911.03 C. of the County Administrative Code, for the purchase or procurement of materials, supplies, furnishings, equipment or other personal property and non-professional services, the guideline to govern the County's "Buy American" policy is: Purchases shall consist of raw materials mined or produced in the U.S., or manufactured items that are made in the U.S. from materials or items mined, produced or manufactured in the U.S. Exceptions to the "Buy American" Policy are: a) If the items are not available in the U.S. in commercial quantities of good quality, b) If the cost of the domestic items is unreasonable, which shall be if the cost of the domestic items is greater than two percent more than the cost of comparable foreign items, unless for a particular purchase, two percent represents a nominal amount, c) If a purchase has a value of $30,000 or less, d) If the Chief Purchasing Officer decides that it is in the County's best interest to waive the "Buy American" policy. 37) 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. 38) INDEMNIFICATION CLAUSE – a) Bidder agrees to protect, defend, indemnify and hold harmless the County, its Chief Executive, Manager, Directors, Officers, agents, and employees from and against any and all liability, damages, claims, suits, liens and judgments of whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or for damage to the property of any person or persons, caused by or arising out of any activity undertaken pursuant to any agreement resulting from this solicitation. Bidder further agrees to protect, defend, indemnify and hold harmless the County from and against any claims or liability for compensation under the Workmen's Compensation Act arising out of injuries sustained by any employees of contractor or of any licensees, contractors or sub-contractors of contractor. Bidder's obligations to protect, defend, indemnify and hold harmless, as set forth in this Paragraph, shall include any and all attorneys' fees incurred by the County in enforcing and/or obtaining compliance with the provisions of this Paragraph. b) Bidder shall give to County prompt and timely notice of any claims made or suits initiated which in any way directly or indirectly, contingently or otherwise, affect or might affect the County, and each party shall have the right to compromise and defend the same to the extent of its own interest. 39) 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. 40) ANTI-SWEATSHOP PROVISIONS By executing the bid document, the Supplier certifies that nothing has come to its attention that would lead it to believe that any of the goods or products provided herein 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) If the County is presented with information that would lead the County 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 that where made under sweatshop condition, upon request of the County, 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. 41) 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. JD Revised 11/2007
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