Ballot_Bin_Cigarette_Receptacles.pdf

REQUEST FOR QUOTE

2022-RFQ-007

BALLOT BIN CIGARETTE RECEPTACLES

City of Pittsburgh

City-County Building

Pittsburgh, PA 15219

RELEASE DATE: January 24, 2022

DEADLINE FOR QUESTIONS: February 3, 2022

RESPONSE DEADLINE: February 7, 2022, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/pittsburghpa https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Pittsburgh

REQUEST FOR QUOTE

Ballot Bin Cigarette Receptacles

I. Introduction II. Instructions to Bidders

III. Standard Terms and Conditions IV. Scope of Work V. Vendor Questionnaire

VI. Pricing Proposal

Attachments:

A - Ballot Bin Dimensions

Request for Quote #2022-RFQ-007 Title: Ballot Bin Cigarette Receptacles

1. INTRODUCTION

The Owner reserves the right to reject any and all Bids and to waive any irregularity in Bidding. The successful Bidder will be required to furnish the necessary Bonds and Insurance Certificates. The City will award this project based on the City’s discretion and may or may not include any or all bid alternatives.

1.1. Summary

The City of Pittsburgh's Department of Public Works (DPW) is soliciting quotes for a one-time purchase of Ballot Bin Cigarette Receptacles.

1.2. Background

City of Pittsburgh will be using Keep America Beautiful grant to purchase Ballot Bins, a specific type of cigarette receptacle that displays the volume of cigarettes collected underneath a two-option question, allowing people to vote on the answer using the butt of a cigarette. The bins are part of a Cigarette

Litter Prevention Program to engage people as they dispose of cigarettes, giving them a highly visible option instead of littering. Bins are able to be mounted on walls or poles, locked and emptied easily by all responsible parties. The ashtray features an easily changeable question plate.

1.3. Contact Information

Janice Abate

Sourcing Specialist

414 Grant Street, Room 502

City-County Building

Pittsburgh, PA 15219-2419

Email: janice.abate@pittsburghpa.gov

Phone: (412) 255-0805

Department:

Public Works

1.4. Timeline

Release Project Date January 24, 2022

Question Submission Deadline February 3, 2022, 12:00pm

Question Submission Method All questions to be submitted via this RFQ's Q&A feature.

Bid Submission Deadline February 7, 2022, 3:00pm mailto:janice.abate@pittsburghpa.gov tel:(412)255-0805

Bid Opening February 7, 2022, 3:00pm

Period of Contract One-time purchase. (Purchase order; no contract.)

2. INSTRUCTIONS TO BIDDERS

2.1. BID SUBMISSIONS

All bids must be submitted electronically. No bids shall be accepted in person, by U.S. Mail, by private courier service, via oral or email communication, telephone or fax transmission.

2.2. 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 City the reason for the mistake and request that the City not consider the bid or line item for award.

2.3. SPECIFICATION ERRORS AND BULLETINS (AMENDMENTS)

If any alleged errors are noted in the bid specifications, bidder should immediately notify the City and, if confirmed, a bulletin shall be sent to all bidders. A copy of all bulletins issued shall be submitted electronically with the suppliers bid.

2.4. CLARIFICATION

The City reserves the right to request clarification of any bid before bid award.

2.5. 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.

2.6. 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.

2.7. 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.

2.8. FATAL BID ERRORS

The following errors shall be deemed fatal and render the bid void: Failure to sign the bid, or bond or both, If the signatures are those of unauthorized persons, or If there is no stated pricing. All other errors are waivable at the sole discretion of the City if such errors would not invalidate a fair and just competitive bidding procedure free of favoritism and fraud and a common standard for all bidders.

2.9. CONTRACT

By submitting a bid, the bidder warrants that if the City makes an award to the bidder, bidder shall, at the option of the City, enter into a written contract with the City. This contract shall consist of the terms and conditions set forth in the solicitation, specifications, and these General Conditions and Instructions to Bidders. If no bid bond or substitute is required and bidder fails or refuses to execute the required documents within thirty (30) days after award by City, bidder shall pay to the City the difference in the amount specified in bidder's bid and the amount City shall pay to fulfill the specifications.

2.10. ALTERATIONS/CORRECTIONS

Any alteration, erasure, addition to or omission of required information, change of the specifications or bidding schedule, is made at the risk of the prospective contractor and may result in the rejection of the bid, unless such changes are authorized by the specifications.

2.11. COLLUSION BETWEEN BIDDERS

If the City develops reason to believe that a single prospective Contractor is involved in the submission of more than one proposal for the same project, which is sufficient cause for rejection of all proposals in which collusion between bidders is suspected.

2.12. REJECTION OF BIDS

The City reserves the right to reject, for any reason, any or all bids if it is in the best interest(s) of the City to do so.

2.13. UNIQUE BIDS

Each bidder may only submit one (1) bid on behalf of the organization and all subsidiaries.

3. STANDARD TERMS AND CONDITIONS

3.1. Parties:

The City of Pittsburgh. Pennsylvania shall be referred to herein as "City" and the party to whom the City has issued this Purchase Order shall be referred to herein as "Seller". This Purchase Order constitutes a binding contract between City and Seller when accepted by the Seller either by express acknowledgement, by commencement of shipment without reservations, or by commencement of performance of services.

3.2. Tax Exempt:

The City is exempt from federal, state and city taxes for tangible personal property.

3.3. Compliance with Law:

Seller at all times shall comply, and assist City in complying with, all applicable state, federal and local laws, rules and regulations. All goods, wrappers and containers shall bear markings and labels required by such laws, rules or regulations.

3.4. Identification/Shipping Requirements:

A Purchase Order number must appear on all correspondence, invoices and packages relating to this

Purchase Order. Packing lists must accompany each shipment or delivery of goods.

3.5. Pricing/Discounts:

This Purchase Order shall not be filled at a higher price than stated herein or charged previously without written authorization from City.

3.6. Invoices:

Seller shall submit an original invoice, on each Purchase Order after each delivery. Invoices shall indicate the Purchase Order number. Invoices shall be itemized and transportation charges, if any, shall be listed separately. Invoice shall be mailed to the appropriate department, as listed on the purchase order or contract. Invoices that do not have a City Purchase Order number are subject to delay.

3.7. Absence of Purchase Order:

City accepts no responsibility for goods and equipment delivered without a Purchase Order.

3.8. Quality:

In the absence of a specification or sample, all goods supplied shall be within the normal limits of industry quality.

3.9. MSDS Requirement:

Seller shall provide Material Safety Data Sheets (MSDS) for all hazardous materials that are sold to City.

3.10. Delivery Date:

The date of delivery of all goods shall be within 30 days after receipt of order or that date specified in the Purchase Order.

3.11. Incorrect Delivery:

All goods shall be delivered at the delivery point specified in the Purchase Order. If goods are incorrectly delivered, Seller will be held responsible for any additional expense incurred in delivering them to their correct destination.

3.12. Acceptances and Rejections:

(a) Any acceptance of this Purchase Order, whether given orally, in writing or by assent, shall be effective only to the extent that the terms of the acceptance do not, either materially or otherwise, limit, modify or add to the terms of this Purchase Order, and this Purchase Order shall be deemed accepted on exactly the terms set forth herein. Seller's shipment or delivery of any goods and/or services pursuant to this Purchase Order shall constitute a waiver by Seller of any right to claim that its acceptance hereof constitutes or constituted a counteroffer or that the terms and conditions of such acceptance are binding on City. (b) All pricing noted on this purchase order is binding. It is the responsibility of the Supplier to notify Procurement should a discrepancy exist between the purchase order pricing and the Supplier's anticipated invoice price. Should the Supplier fail to notify and fulfill the purchase order at an increased price without obtaining prior authorization, the Supplier may be subject to a reduced payment. (c) All goods and/or Services shall be received by City subject to City's right of inspection and rejection. Goods and/or services shall not be deemed accepted until after final inspection by City. Delivered goods and/or services found to be defective in material or workmanship or otherwise not in conformity with the requirements of this Purchase Order shall be rejected at City's option and returned to Seller at Seller's expense.

3.13. Title:

Title to the goods ordered by this Purchase Order shall pass to City when delivered to City's destination and accepted by City, unless otherwise stipulated in this Purchase Order.

3.14. Work on City's Premises:

Should work under this Purchase Order involve operations by Seller on City's premises, Seller shall take all necessary precautions to prevent injury to persons or property during the progress of such work.

Seller shall maintain public liability, property damage and employer's liability and compensation insurance in amounts sufficient to protect City from any claims including, but not limited to, claims under any applicable workmen's compensation and occupational disease acts.

3.15. Assignments and Sub-Contracting:

The Purchase Order shall not be assigned by seller nor sub-contracted as a whole. Seller shall not sub-contract any part of the work without City's written consent, which shall not be unreasonably withheld.

Seller shall be responsible for all work done and goods supplied by all subcontractors.

3.16. Insolvency:

If Seller becomes insolvent or makes an arrangement with its creditors or has a receiver appointed, City may, without prejudice 10 any of its rights, terminate the Purchase Order immediately by notice to

Seller or any person in whom the purchase may become vested.

3.17. Indemnification:

For value received, the Seller shall defend, indemnify, save, and hold the City, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, liabilities, expenses, costs and attorney's fees related to such claims resulting from any negligent or intentional act or omission, or the violation of any federal, state or local law or regulation, by the Seller, its subcontractors, agents, assigns, invitees, or employees in connection with this Purchase

Order. Seller also agrees to save and hold harmless the City, its employees and agents for infringement of any United States patent, trademark, or copyright for or on account of the use of any product sold to the City or used in the performance of this Purchase Order.

3.18. Non-Waiver:

City's failure to enforce at any time of for any period of time any of the provisions hereof shall not be construed to be a waiver of such provisions nor of City's right thereafter to enforce each and every provision.

3.19. Force Majeure:

Neither party shall be held responsible for losses resulting if the fulfillment of any terms or provisions of the Purchase Order 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.

3.20. Entire Agreement:

Subject to paragraph 21 below, this Purchase Order together with any exhibits, schedules or other attachments hereto, contains the entire agreement of the parties with respect to the subject matter hereof. This Purchase Order may not be modified or terminated orally, and no claimed modification, termination or waiver shall be binding on City unless in a writing signed by a duly authorized representative of City. No modification or waiver of this Purchase Order shall be deemed effected by any acknowledgement or confirmation by Seller containing other or different terms. All titles to clauses contained in this Purchase Order are for identification only and shall not be construed as being a substantive part of this Purchase Order.

3.21. Other Agreement:

If City and Seller both have executed a written agreement which covers the transaction contemplated by this Purchase Order (the "Other Agreement"), then this Purchase Order is issued under and constitutes a part of the Other Agreement, and, to the extent of any inconsistency between the terms and conditions of this Purchase Order and the terms and conditions of the Other Agreement, this Purchase Order shall be subject to the terms and conditions of the Other Agreement. As used herein, a written agreement shall be "executed" by both City and Seller only if individuals who are duly authorized officers of City and

Seller have both physically signed their names to the written agreement in their capacities as officers of

City and Seller.

3.22. Limitation of liability:

To the fullest extent permitted by law, no claim may be made by seller against any city official, employee or agent of City, for any special, incidental, indirect, consequential or punitive damages in respect of any claim arising from or related in any way to this purchase order or any statement, course of conduct, act, omission or event occurring in connection herewith (whether for breach of contract, tort, or otherwise). Seller hereby waives, releases and agrees not to sue upon any claim for any such damages, whether such claim presently exists or arises hereafter and whether or not such claim is known or suspected to exist in its favor.

3.23. Governing law:

This Purchase Order and any and all disputes, causes of action or other claims arising out of or in any related hereto (whether for breach of contract, tort or otherwise), shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without regard to choice or conflicts of law principles.

3.24. Price:

This Purchase Order shall not be filled at higher prices than specified herein. If price terms are omitted from the face hereof, the price of the goods shall be the lower of the price last quoted or paid

(whichever is later).

3.25. Anti-discrimination:

Seller shall not discriminate in its employment on the basis of race, color, religion, ancestry, national origin, place of birth, sex, age, disability, non-job related handicap, or sexual orientation. Contractor shall comply with the applicable provisions of the Pittsburgh Code of Ordinances, Title Six - Conduct

Article V Discrimination, and any amendments thereto. Contractor also shall comply with the applicable provisions of Title I and Title II of the Americans with Disabilities Act, any amendments thereto and any regulations issued thereunder. Seller shall incorporate in any subcontracts which may be permitted under the terms of the contract, a requirement that said subcontractors also comply with the provisions of this section.

3.26. Payment of taxes and set-off:

Seller warrants that any and all taxes or municipal claims that may be payable to the City of Pittsburgh by Contractor are current and not delinquent. If the City determined that there is an outstanding delinquency, that delinquency must be satisfied before a contract will be awarded to the delinquent

Seller. If any taxes or municipal claims become delinquent or owing during the term of this agreement or prior to final payment by City, Seller hereby grants City the right to set-off that indebtedness against any amounts owing to contractor under the terms of this Purchase Order. If, at any time, the Seller fails (or has failed) to enter into any contract awarded by the City, the City expressly reserves the right to recoup any and all costs associated with rebidding or re-awarding of any contract awarded to this Seller to another Seller. City reserves the right to apply set-off payments in whatever manner it deems appropriate.

3.27. Confidentiality:

All non-public, confidential or proprietary information of the City, including, but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, pricing, discounts or rebates, disclosed by City to Seller, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated or otherwise identified as "confidential," in connection with the Purchase Order is confidential, solely for the use of performing the Purchase Order and may not be disclosed or copied unless authorized by City in writing. Upon City's request, Seller shall promptly return all documents and other materials received from City. City shall be entitled to injunctive relief for any violation of this Section. This Section shall not apply to information that is: (a) in the public domain; (b) rightfully and legally known to the Seller at the time of disclosure; or (c) rightfully and legally obtained by the Seller on a non-confidential basis from a third party.

3.28. Survival:

Provisions of this Order which by their nature should apply beyond any termination of this Order will remain in effect for the period expressed within the Section but not longer than a period of two (2) years.

3.29. Severability:

If any term or provision of this Order is found invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term of this Order or invalidate or render unenforceable such term in any other jurisdiction.

3.30. Insurance:

Seller shall carry such policies of general liability, errors and omissions, workers compensation and other such usual and customary insurance coverages in amounts as may be necessary to insure itself against claims, liability or damages arising out of or connected to the performance of its obligations under this

Purchase Order.

3.31. Change orders:

Seller agrees that the Maximum Cost for Contractor's Fees set forth in this Contract shall not be exceeded without prior written approval by the City and a change order to the Purchase Contract has been issued.

3.32. Non-exclusivity:

The City reserves the right at its sole discretion to utilize other contracts (such as Commonwealth of

Pennsylvania or County of Allegheny contracts) for the services described herein. The City also reserves, at its sole discretion, the right to bid separately any services that may be included in this agreement.

3.33. Contract not to be awarded to entities in arrears to City:

City may refuse to award to any corporation, firm or individual who is, for any reason, in arrears to the

City or who has failed, in any former contract with the City, to perform work satisfactorily, either as to the character of the work or the time consumed in its completion.

4. SCOPE OF WORK

4.1. Ballot Bin Scope & Specifications

Overview

Ballot Bins is a specific type of cigarette receptacle that displays the volume of cigarettes collected underneath a two-option question, allowing people to vote on the answer using the butt of a cigarette.

The ashtray features an easily changeable question plate.

The ashtray is secured by two high-quality cam latch locks on the side.

Once unlocked, the bins can be removed for emptying and cleaning using one hand and the sign can be changed or updated.

The glass is bonded in to make it very difficult to break.

The Ballot Bin is designed to resist rust. It has an anti-rust primer coat and all seams and sharp edges and are welded, ground and rounded, which reduces the areas in which rust can form.

The City seeks to place a purchase order for the Ballot Bins and will select mounting kit options.

Commodities are to be shipped to the City; no installation is to be included with this RFQ or any resulting purchase order(s).

Minimum Requirements

• Ballot Bin Ashtray

• Customizable Question Plate

• Strong Bonded Glass

• Can be Emptied One-Handed

• Affixes to a Wall, Pole, or Railing

• Anti-Rust and Weatherproof

• High-Quality Cam Locks

• At Least One (1) Key per Ballot Bin

• Outdoor Paint Color: Yellow

• Instruction Leaflet

4.2. Dimensions

See attached file named "Ballot Bin Dimensions.pdf" for dimensions.

NOTE: This design may be proprietary and subject to national and international copyright and/or trademark laws and agreements. Posting this image with the current quote solicitation does not constitute direct or implied permission to duplicate included designs and/or images.

4.3. Mounting

Bid lines will be included in the Pricing Table for kits for rail mounting and pole mounting. The City may opt to order some or no such mounting hardware kits with a final, awarded purchase order.

4.4. Purchase Order Terms

All invoices must contain the following information. The City of Pittsburgh will not accept "lump sum" invoicing:

• The City of Pittsburgh Purchase Order Number (e.g. 123456OC)

• The awarded solicitation number (e.g. 2022-RFQ-007)

• Pricing breakdown on the invoice is to align with pricing as submitted with the awarded response.

Payment will be Net 45 days.

4.5. Shipping & Delivery Terms

Shipping and delivery costs may be entered on the corresponding Bid Line item(s) under the Pricing

Proposals section. The City of Pittsburgh will not pay for nor reimburse any additional shipping, handling, or delivery fees not included with a bid award.

Purchase orders placed under this solicitation will be F.O.B. Destination.

4.6. Delivery Location

Ship To the location detailed below. If blank, vendor shall use Ship To location detailed on Purchase

Order(s).

City of Pittsburgh

Dept. of Public Works

3001 Railroad Street

Pittsburgh, PA 15201

United States

5. VENDOR QUESTIONNAIRE

5.1. Do you agree to the City's Standard Terms and Conditions?*

☐ Yes

☐ No

*Response required

5.2. Vendor Registration Form*

Please download the below documents, complete, and upload.

• Blank_Vendor_Registration_F...

*Response required

5.3. W-9*

Please download the below documents, complete, and upload.

• W9.pdf

*Response required

5.4. Currency in US Dollars*

Do you confirm that the following are or shall be in U.S. Dollars (USD) for this quote and (if awarded) purchase?:

• Your bid pricing

• Your invoicing

• Your acceptance of payment

☐ Yes

☐ No

*Response required

5.5. RFQ Purchase Order Contact (If Awarded)*

Provide the contact information (including email address) where a purchase order should be sent to your company, if awarded this bid.

*Response required https://government-project.s3.amazonaws.com/13171/01b15a90-e803-4135-9c60-d36559f9e594_Blank_Vendor_Registration_Form.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1643135400&Signature=%2FKR8b51yqCQTD6vnO4bf7Nm7WF0%3D&response-content-disposition=attachment%3B%20filename%3D%22Blank_Vendor_Registration_Form.pdf%22 https://government-project.s3.amazonaws.com/13171/74b383af-de61-4cfb-a3dc-e0bb8c9337a5_W9.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1643135400&Signature=xMPdgSdQgxU7vZs8%2B9smMYBLDBo%3D&response-content-disposition=attachment%3B%20filename%3D%22W9.pdf%22

6. PRICING PROPOSAL

BALLOT BINS

Line Item Item Name Description Taxable Quantity Unit of

Measure Unit Cost Total NOTES

1 Ballot Bin Enter cost per Bin.

FALSE 35 EA

2 Ballot Bins Rail Mount Kit Enter cost per Kit.

FALSE 35 EA

3 Ballot Bins Pole Mount Kit Enter cost per Kit.

FALSE 35 EA

4 Shipping for Total Order Enter one lump sum cost to Ship up to 35

Ballot Bins plus mounting kits, if any are ordered with Bins.

FALSE 1 EA

TOTAL