INVITATION FOR BID

2022-IFB-127

SALE OF SURPLUS METAL MATERIALS (SCRAP)

City of Pittsburgh

City-County Building

Pittsburgh, PA 15219

RELEASE DATE: May 24, 2022

DEADLINE FOR QUESTIONS: undefined

RESPONSE DEADLINE: June 6, 2022, 2:00 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

INVITATION FOR BID

Sale of Surplus Metal Materials (Scrap)

I. Introduction II. Instructions to Bidders

III. Equal Opportunity Review Commission Terms IV. General Terms and Conditions V. Scope of Work

VI. Vendor Questionnaire VII. Pricing Proposal

Invitation for Bid #2022-IFB-127 Title: Sale of Surplus Metal Materials (Scrap)

1. INTRODUCTION

1.1. Summary

The City of Pittsburgh Office of Management & Budget, on behalf of the Department of Public Works, is soliciting bids for Department of Public Works, Bureau of Environmental Services Recycling Division for the Sale of Surplus Metal Materials.

1.2. Background

1.3. Contact Information

Casey Lerda

Sourcing Specialist

414 Grant street

Procurement Suite 502

Pittsburgh, PA 15219

Email: casey.lerda@pittsburghpa.gov

Phone: (412) 255-0803

Department:

Public Works

1.4. Timeline

Release Project Date May 24, 2022

Bid Submission Deadline June 6, 2022, 2:00pm

Bid Opening June 6, 2022, 3:00pm

Office of Management & Budget

Bureau of Procurement

414 Grant Street, Room 502

Pittsburgh, PA 15219

Bids will be publicly opened in the presence of a

Sourcing Specialist and a representative from the

Office of the Controller, or their designee.

Period of Contract July 1, 2022 through June 1, 2023 with two, one-year options to renew.

mailto:casey.lerda@pittsburghpa.gov tel:(412)255-0803

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. EQUAL OPPORTUNITY REVIEW COMMISSION TERMS

3.1. MWE/DBE

The City of Pittsburgh is committed to the ideal of providing all citizens an equal opportunity to participate in City and its Authorities' contracting opportunities. It is therefore the City's goal to encourage increased participation of women and minority groups in all City contracts. The City requires that all respondents demonstrate good faith efforts to obtain the participation of Minority-Owned

Business Enterprises (MBE's) and Women-Owned Business Enterprises (WBE's) in work to be performed under City contracts. The levels of MBE and WBE participation will be monitored by the City of

Pittsburghs Equal Opportunity Review Commission (EORC). In order to ensure that there are opportunities for historically disadvantaged minority groups and women to participate on Covered

Contracts, and consistent with the City's current equal employment opportunity practice and goals, the

EORC will review contracts to include an evaluation of a developer/contractors employment of minority groups and women, encourage goals of eighteen (18) percent and seven (7) percent respectively.

3.2. Veteran-Owned Small Business

It is also the City's goal to encourage participation by veteran-owned small businesses in all contracts.

The City of Pittsburgh shall have an annual goal of not less than five (5) percent participation by veteran-owned small businesses in all contracts. The participation goal shall apply to the overall dollar amount expended with respect to the contracts. The City requires that all respondents demonstrate good faith efforts to obtain the participation of veteran-owned small business in work to be performed under City contracts. The levels of veteran-owned participation will be monitored by the City of Pittsburghs EORC.

3.3. Good Faith Commitment

In order to demonstrate good faith commitment to these goals, all respondents are required to complete and submit with their bids the attached MDE/WBE/Veteran-Owned Solicitation and

Commitment Form (which details the efforts made by the respondents to obtain such participation).

Failure to submit a properly completed form along with documentation of Good Faith Commitment may result in rejection of the bid. Participants are encouraged to contact the Equal Opportunity Review

Commission at 412-255-8804 to assist further. For further information, including definitions and additional requirements, please see Chapter 177A (Sections 177A.01 et. seq.) of the City Code and

Section 161.40 of the City Code.

4. GENERAL TERMS AND CONDITIONS

4.1. INVOICING TERMS

All invoices must contain the following information. The City of Pittsburgh will no longer accept "lump sum" invoicing:

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

• The City Controller Number

• Pricing breakdown on the invoice is to align to the pricing listed on the contract o For all Cost Plus Percent line items, you must list both the cost of the item and the price we are being charged on the invoice so we can ensure we are getting the contracted price o If you have labor hours, they should be separated from the cost of parts

• The awarded supplier should provide proof of the cost of goods along with the invoice

• Payment will be Net 45 days

4.2. DEFINITIONS

CITY: The City of Pittsburgh, a municipal corporation of the Commonwealth of Pennsylvania.

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

4.3. EXECUTION OF BIDS

Bids are to be executed by the following persons:

CORPORATION – A corporate officer with authority to make binding agreements for the corporation.

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

Board of Directors documenting the authority of that person to sign the bid must accompany the bid.

The power of attorney, bylaw, or resolution must be certified by the Corporate Secretary as a true and correct copy, still in force as of the date of the execution of the contract.

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

SOLE PROPRIETORSHIP - The individual owner.

BUSINESS OPERATING UNDER A FICTITIOUS NAME - Entities operating a business under a Fictitious

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

Name

4.4. PERFORMANCE AND/OR PAYMENT BOND

The successful bidder may be required to furnish a performance and/or payment bond with suitable reasonable requirements guaranteeing performance of the contract, with sufficient surety in the amount of one hundred (100) percent of the amount of the contract, within thirty (30) days after the contract has been awarded, unless the Purchasing Officer shall prescribe a shorter period. Upon failure to furnish any required bond within such time, the previous award shall be void and the contract may be awarded to the next lowest responsible bidder meeting the specifications.

4.5. INSURANCE

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

A. GENERAL LIABILITY Single limit of Bodily Injury and Property Damage Combined: $500,000.00 each occurrence. $1,000,000.00 aggregate.

B. CITY OF PITTSBURGH must be listed as "Additional Insured' on the insurance certificate on all policies except those in which no additional insured is permitted (e.g., some professional liability)

1. NOTE: The name(s) of the insured on the certificate must be the same as the name(s) of the

Contractor listed on the bid document.

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

C. WORKERS’ COMPENSATION: STATUTORY LIMITS.

D. AUTOMOTIVE LIABILITY INSURANCE – MINIMUM REQUIREMENTS: $500,000 for each individual occurrence and $1,000,000 in aggregate coverage. This requirement may be explicitly waived by the City when appropriate. •PROFESSIONAL LIABILITY (required at City request): 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.

Insurance must be maintained in full force and effect throughout the term of the contract. If insurance must be renewed during the term of the contract, the new certificate of insurance must be forwarded to:

Office of Management & Budget, Procurement

Room 502, City-County Building

414 Grant Street

Pittsburgh, PA 15219

Failure to provide and renew such insurance as required shall be deemed a material breach of contract and shall be a basis for immediate termination of this Contract and any related agreement. The insurance requirements of this provision shall be in addition to any other insurance requirements of this

Contract.

4.6. TAX STATUS OF CITY

TAX STATUS OF CITY: The City of Pittsburgh is exempt from Federal excise taxes and transportation taxes. Therefore, bidder should not include any such taxes in its calculations or in the prices bid. The City of Pittsburgh is exempt from state sales tax on certain construction materials and equipment; therefore the bidder awardee shall complete a separate itemized City-approved and provided form for estimated state sales tax to be collected on materials and equipment to be supplied. Contractor's final bid price shall exclude the cost of any sales tax for exempted materials. Any sales tax costs included in the bid price that are subsequently exempted or could have been exempted shall be remitted to the City of

Pittsburgh by the bidder.

4.7. PAYMENT OF TAXES AND SET-OFF

Contractor warrants that any and all taxes or municipal claims that may be payable to the City of

Pittsburgh by Contractor are current and not delinquent. If the City determined that there is an outstanding delinquency, that delinquency must be satisfied before a contract will be awarded to the delinquent Contractor. If any taxes or municipal claims become delinquent or owing during the term of this agreement or prior to final payment by City, Contractor hereby grants City the right to set-off that indebtedness against any amounts owing to contractor under the terms of this Contract and/or any associated agreement. If, at any time, the Contractor fails (or has failed) to enter into any contract awarded by the City, the City expressly reserves the right to recoup any and all costs associated with rebidding or re-awarding of any contract awarded to this Contractor to another Contractor. City reserves the right to apply set-off payments in whatever manner it deems appropriate.

4.8. FIRM PRICE BIDS

The City cannot allow escalation of prices during the contract term. All contracts are for fixed prices.

Such statements as "interest charges applied on accounts 30 days or older" or "prices subject to revision" are considered escalation clauses. Any reference in documents submitted with a bid indicating that the prices are not firm may be cause for rejection of the bid.

4.9. ANTI-DISCRIMINATION

Contractor shall not discriminate in its employment on the basis of race, color, religion, ancestry, national origin, place of birth, sex, age, disability, non-job related handicap, or sexual orientation.

Contractor shall comply with the applicable provisions of the Pittsburgh Code of Ordinances, Title Six -

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

4.10. CONTRACTOR TO BE QUALIFIED AND RESPONSIBLE

Before any agreement is awarded subsequent to the execution of this Contract, prospective Contractors must satisfy the City that they have the requisite organization, capital, plant, ability and experience to satisfactorily perform the work under this Contract in accordance with the terms and conditions herein and in conformity with the best modern practices and industry standards. Award shall be made to the lowest responsible bidder on an item by item or low total basis as the City determines is in its best interests. Bidders should be mindful that the lowest-priced bidder may not be the lowest responsible bidder. “Lowest responsible bidder” is defined in Pittsburgh’s City Code and via established case law.

4.11. PAYMENT UNDER AGREEMENT

It is the intent of the City to pay all invoices resulting from work performed under an agreement within forty-five (45) calendar days from invoicing. The City CANNOT pay any INTEREST CHARGES or LATE

PAYMENT CHARGES. Any inclusion of such charges may disqualify the proposal from award consideration and/or will be disregarded by the City.

Invoices for payment must be received within thirty (30) calendar days of the completion of work or delivery. City reserves the right to reject, not pay, or reduce total compensation for all invoices that are submitted more than 30 days after delivery of goods or completion of services.

4.12. NOTICE OF AWARD

Regardless of any notification of award to any prospective Contractor, all bids remain open and acceptable by the City for ninety (90) days from the bid opening date. Nothing in this paragraph is to be considered a waiver of the City's rights against a prospective Contractor who fails to execute a contract once it is awarded.

4.13. COMPLIANCE WITH PENNSYLVANIA "RIGHT TO KNOW" LAW; SUPERFUND

The City of Pittsburgh is obligated to comply with the Pennsylvania Worker and Community Right to

Know and Superfund Amendments and Reauthorization Act (“SARA”) Title III laws. Successful

Contractors, where applicable, must submit a Material Safety Data Sheet (“MSDS”) for hazardous chemicals.

Submit all Material Safety Data Sheets to:

Office of Management & Budget, Procurement

Room 502, City-County Building

414 Grant Street

Pittsburgh, PA 15219

4.14. PRICE LISTS AND CATALOGUES

When price lists are required for a proposal, they are submitted with the bid for the sole purpose of providing an audit reference for the various items on the price list and the manufacturer's price for each item. Price list pricing, as the price list and pricing is stated in the contract, will remain firm for the duration of the contract regardless of manufacturers’ price list changes that may occur during the term of the contract, unless otherwise agreed in the contract. Any reference, which may appear on any price list, to any terms and conditions, such as F.O.B. shipping point or prices subject to change, will not be part of any contract with successful bidders and will be disregarded by the City. Any attempts to enforce such terms and conditions will be considered a material breach of the contract and may result in termination of the contract. Contractors agree to supply the using departments of the City with copies of additional catalogues and price lists as requested.

4.15. USE OF TRADE NAMES

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.

4.16. INDEMNIFICATION

Contractor hereby agrees to indemnify, save and hold harmless, and defend City, its officers, agents and employees from and against all liens, charges, claims, demands, losses costs, judgments liabilities, and damages of every kind and nature whatsoever, including court costs and attorney’s fees arising by reason of: the performance by Contractor of any services under this Contract; any act, error or omission of Contractor or of an agent, employee or licensee of Contractor or subcontractor of Contractor; and any breach by Contractor of any of the terms conditions or provisions of this Agreement.

4.17. CONTRACTOR THOROUGHLY INFORMED AS TO WORK

Contractor hereby affirms that s/he has read each and every clause in the advertisement, specifications and agreements relating to this work, and fully understands the meaning of each, and hereby agrees that s/he will comply with all the terms, covenants and agreements herein set forth; and that s/he fully understands the character of the work to be performed under this contract.

4.18. SETTLEMENT OF DISPUTES

It is expressly covenanted and agreed that in the event of a disagreement or controversy arising between the Contractor and the City as to the interpretation, specifications, or proper execution of this contract, or as to settlement thereunder, or in the event any disagreement, as to any dispute under this contract or the work involved, such dispute shall be brought immediately to the City’s attention in writing. The City shall decide upon the dispute and such decision shall be final and conclusive, as to all matters in controversy, without exception or appeal, and all right(s) of action at law, in equity or otherwise, under and by virtue of this contract are hereby expressly waived.

4.19. ASSIGNMENT; SUBCONTRACTING

Contractor shall not assign this contract or any right to monies to be paid hereunder without the written consent of City. None of the services covered by this contract shall be subcontracted without the prior written approval of City. It is further agreed that no subcontract, if consented to, shall under any circumstances relieve the Contractor of any liabilities and obligations under this Contract, and should any subcontractor fail to perform the work undertaken in a satisfactory manner, such subcontract must be terminated immediately and ended by the Contractor upon notice of the Director so to do. The successful bidder shall be responsible to require his sub-contractors to comply with all of the insurance requirements of this agreement.

4.20. HOME RULE CHARTER: LIABILITY OF CITY

This contract is subject to the provisions of the Pittsburgh Home Rule Charter; and the liability of City thereunder is limited to amounts authorized by Resolutions of Pittsburgh City Council.

4.21. PREVAILING WAGE ORDINANCE

The Contractor agrees that section 161.16(e) of the Pittsburgh Code of Ordinances, stating that the

Contractor shall pay at least the applicable prevailing wages as shall have been determined by the City

Controller pursuant to the City of Pittsburgh Service Worker Prevailing Wage Ordinance, Title I, Article

VII, Section 161.38(I)(B), and as shall have been determined by the Secretary of Labor and Industry to the workers employed in the performance of any contract for public work subject to the Pennsylvania

Prevailing Wage Act approved August 15, 1961 (Act No. 442), as amended August 9, 1963 (Act No. 342), and the regulations issued pursuant thereto, and all supplements and amendments thereto, shall be made a part of this agreement as fully as if attached hereto, and that s/he will comply in all respects with the provisions thereof, insofar as the same affects this contract.

4.22. ANTI-SWEATSHOP PROVISIONS

The Contractor certifies that none of their goods or products were made under sweatshop conditions as defined in § 161.02(e) of the City Code. If the City is presented with information that would lead the City to reasonably believe that the Contractor or its suppliers may be obtaining goods or products for sale, re-sale, lease or rental to the City that where made under sweatshop condition, upon request of the

City, Contractor shall disclose information, data and materials reflecting Contractor’s practices as they pertain to the procurement and manufacturing of goods/products in compliance with the Anti-sweatshop provisions of Pittsburgh Code Section 160.02.

4.23. WORKERS COMPENSATION

Contractor hereby agrees to perform the work described in this Contract in accordance with the terms herein and further certifies that it has accepted the provisions of the Worker's Compensation and

Occupational Disease Acts, as amended and supplemented, insofar as the work covered by this contract is concerned, and that it has insured its liability thereunder in accordance with the terms of the said

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

Director of the Office of Management and Budget before the execution of this Contract, a certificate of exemption form for insurance from the Bureau of Workmen’s Compensation of the Department of

Labor and Industry.

4.24. COMPLIANCE WITH LAWS

Contractor shall fully obey and comply with all Federal, State and Local laws, statutes, ordinances, resolutions, and administrative regulations, which are or should be applicable to any work performed under this Contract. Contractor agrees to maintain throughout duration of the contact, all necessary city, county and state licenses and approvals as applicable (including required professional licenses and exams), and to immediately notify the City of Pittsburgh, Office of Management & Budget of any loss or changes of licenses and approvals.

4.25. GOVERNING LAW

The contract that is formed subject to these articles of Agreement will be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania.

4.26. DEBARMENT

Contractor warrants that it is not prohibited from entering into this Contract with the City by reason of disqualification under subsection (b) of Section 161.22 of the Pittsburgh Code. A document certifying compliance with this Section is attached hereto as an Exhibit and incorporated into and made a part of this Contract.

4.27. STATEMENT OF AFFILIATIONS

Contractor hereby files a Statement of Affiliations with the City, attached hereto as an Exhibit, in compliance with Section 197.08(c) of the Pittsburgh Code.

4.28. TERMINATION

In addition to any rights of termination set forth elsewhere in this Contract or any related agreement, the City may terminate this Contract at any time, without cause or liability, by giving Contractor thirty

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

4.29. OPTION TO EXTEND

The City, reserves the right to extend this Contract for up to ninety (90) days after the indicated expiration date. This mechanism would be used in the event that a lapse in the current Contract occurs before a new contract can be established for the services required by the City. When applicable, an extension notice will be issued defining the exact extension of this Contract; all other terms and conditions of the current contract will remain in full force and effect.

4.30. NEW MATERIAL

Unless otherwise provided in the specifications, all goods to be supplied to the City shall be from new, unused, current stock.

4.31. 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 City are estimates, and the City 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.

4.32. DELIVERY POINT AND TIME

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 Pittsburgh, Pennsylvania, which the City may designate. All deliveries are to be F.O.B. point of delivery. Unless otherwise provided in the specifications, the successful bidder shall provide all goods and services within thirty (30) days from the date of the City's request therefore.

4.33. FORCE MAJEURE

Neither Contractor nor the City shall be held responsible for losses resulting if the fulfillment of any terms or provisions of an award resulting from this Contract 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.

4.34. PIGGYBACKING

It is understood that the goods and services described in the specifications may be purchased by the City 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 City. To the extent that the municipal bodies purchase goods or services, then the municipal bodies, and not the City, shall be liable to the bidder.

4.35. 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 goods or services described herein. The City also reserves, at its sole discretion, the right to solicit separately any services that may be included in this agreement.

4.36. SAMPLES

A. By submitting a bid, the bidder agrees to deliver to the City, at the City’s request and at no cost to the City, samples of any or all items upon which the bidder bid. Said samples shall not be returned to the bidder. Inspection or testing by the City does not constitute a waiver of any claims or rights which the City otherwise would have with respect to the quality of goods or workmanship. City 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 City and have a legitimate reason for the exchange. The bidder shall have only one opportunity to perform such an exchange.

B. City, at its sole discretion, shall have the right to arrange for testing of samples to determine whether they are within bid specification. City 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 City;

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. City and bidder shall immediately communicate upon City’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 City;

4.37. 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

4.38. 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.

4.39. EXAMINATION OF FINANCIAL RECORDS

Contractor shall maintain books, program and financial records, documents and other evidence pertaining to costs and expenses related to this 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 City funding has been provided under the provisions of this Agreement. The Contractor shall maintain such books, records, documents and other materials in accordance with Generally Accepted

Accounting Principles, where applicable. The Contractor shall provide access, during normal business hours, to such books, program and financial records, documents and other evidence upon request of the

Mayor, the City Controller, or their designees upon receipt of reasonable advance notice, either oral or written. Contractor’s books, records, program and financial records, documents and other evidence pertaining to services provided under this Agreement shall be preserved and made available for a period of three (3) years following the termination of this Agreement. The Mayor, the City Controller, or their designees may audit, examine, review, photocopy, and/or make excerpts or transcripts of any of

Contractor’s books, records, program and financial records, documents and other evidence. Any deficiencies noted in any audit reports or otherwise must be fully resolved by the Contractor, to the

City’s sole satisfaction, within thirty (30) days after the Contractor’s receipt of written notice of such deficiencies. Failure of the Contractor to comply with the provisions set forth in this paragraph may constitute a violation of this Agreement and, at the City’s sole discretion, may result in the City withholding future payments.

4.40. AUTHORIZATION

This Agreement is entered into by the City of Pittsburgh pursuant to City Code § 161.01A and subsequent authorizing resolution.

5. SCOPE OF WORK

5.1. Surplus Metal Materials (Scrap)

The City of Pittsburgh invites bids from qualified contractors to provide all facilities, labor and services, required to receive, process, recycle, use and/or market scrap metals collected or accumulated by the

City during curbside collections and/or from residential drop-of! centers.

"Scrap Metals" are defined as all discarded metal items including but not limited to appliances (may or may not include freon containing appliances), automobile parts, furniture, fixtures and any other items consisting primarily of a metal content, including but not limited to brass, copper, aluminum, steel, tin, cast iron and any other discarded metal suitable for reprocessing.

This specifically excludes all metal items collected in the City's residential curbside and drop-off recycling program which are covered by other contracts.

The scrap metals will be collected as part of a program to divert municipal solid waste from landfills, to increase the City's recycling rate and to insure that materials that are able to be recycled from residential programs are being recycled.

The City may collect these materials in a variety of ways including but not limited to curbside collections, drop-offs, and/or special collections.

The City has the sole discretion to deliver the scrap metals to the contractor or to require the contractor to pick-up the scrap metals at various City locations.

The City has the exclusive right to decide on the method, locations and/or frequency of the collections.

5.2. Qualification of Bidders

Bidders will be required to demonstrate that they are responsible and capable of performing the services to be performed under the contract, and that they have the necessary expertise, equipment, site, labor and financial resources to perform the services in a proper and satisfactory manner, in accordance with these bid specifications and the contract documents.

In particular, bidders need to demonstrate that they have the ability to receive, process, recycle, use and/or market scrap metal collected or accumulated by the city during curbside collections and/or from residential drop-off centers throughout the term of this contract.

• Each bidder must submit with its bid a specific statement (hereinafter referred to as the

"Qualification Statement") containing the information set forth in subparagraph below.

• If the City determines in its sole judgment, from the Qualification Statement or other relevant information, that a bidder is not sufficiently equipped or qualified to enter into or perform the contract, such bidder will be ineligible for contract award.

• All Qualification Statements submitted by the bidders should address each of the following requested items in the order as presented below.

• A description of a past experience, particularly experience directly or indirectly related to the receiving, processing, recycling, using and/or marketing of scrap metals.

• A statement of previous use, recycling and/or marketing experience including experience specific to the Pittsburgh region, regarding scrap metals.

• An indication of past and current contracts that would illustrate bidder's ability to perform and deliver and services required herein.

• Ownership and title or a firm lease or purchase agreement guaranteeing availability of all necessary property and equipment prior to the contract starting date. Such title, lease or purchase agreement shall cover the duration of the term of the contract.

• Technical qualifications, including description of processing facility or receiving site (if other than the processing site), processing or use capabilities, work force, equipment and facilities, including vehicles for collection and hauling. Information should provide sufficient detail so that the design capacity and performance expectations of the various components and the overall system can be evaluated.

• Current valid permits or approvals from federal, state or local agencies required for the operation of the site.

• A geographical map, which specifically identifies the location of the bidder's processing facility or other receiving site.

• A financial profile which should include copies of financial statements for at least the last two years, certified to be true and correct by an authorized representative of the bidder.

• The City of Pittsburgh reserves the right, at his/her sole discretion, to request any information inadvertently omitted from a Bidder's Qualification Statement or to request clarification or supplemental information relating to the information submitted. The items requested must be received by the City within 48 hours of the request.

• The City will collect scrap metals in a variety of ways including but not limited to curbside collections, drop-offs, and/or special collections. The City at its sole discretion will deliver the scrap metals to the contractor or require the contractor to pick-up the scrap metals at various

City locations. The City has the exclusive right to decide on the method, locations and/or frequency of the collections.

• The Contractor will be responsible for the cost of providing roll-off containers and transportation of same from drop-off locations as requested by the City. The Contractor shall be responsible for providing any and all equipment necessary to load the transport scrap metals collected at drop-off locations.

• The transporting of scrap metals collected at the drop-off locations shall be performed at frequencies and mutually agreed times determined by the City, except that, for any specific request by the City for the same, the transporting shall be performed no later than 24 hours subsequent to the request and during hours at which the drop-off sites are regularly staffed with City personnel.

• All processing and/or other operational costs incurred upon or after delivery or pick-up of scrap metals shall be the obligation of the Contractor. The Contractor may reject specific items that are not scrap metals and remove them from the scrap metals at their own expense prior to transporting the scrap metals from the drop-off locations. Otherwise the scrap metals shall be accepted by the Contractor "as is" without warranty (expressed or implied) of any kind, and the

Contractor shall handle the same at its own risk and shall be responsible for the proper disposal of any and all contaminants or residuals. When bidding on this contract, the bidder is encouraged to consider the possible cost of contaminant and residuals disposal and to adjust for this contingency in the bid.

• The City shall make reasonable efforts to ensure that only scrap metals as listed in Section I are collected. The City will take reasonable steps to discourage the collection of non-designated materials through its Public Education and training program which shall inform residents and employees not to place such items with scrap metals. The Contractors shall also have the right to conduct or participate in such public education programs as Contractor may choose, subject to the City's prior written approval thereof.

• The Contractor must maintain a certified weight scale, calibrated in accordance with procedures established by the applicable State and Local authorities, to weigh the vehicles collecting scrap metals from drop-off sites. Each load will be weighed and the weight slips should include the time, date, gross, tare and net weight.

• Contractor shall provide or act as a scrap metals market outlet for scrap metals during the term of the contractor regardless of market fluctuations. Contractors shall provide evidence, upon requests of the City, that the scrap metals have been used, recycled or marketed in a legitimate manner.

• Design, construction and operation of the Contractor's processing site or other receiving site shall meet Local, County and State fire, safety and health requirements, and shall be acceptable to the City. Includes the loading, transport, receipt, reuse, recycling, and/or marketing scrap metal collected.

The City of Pittsburgh operates 3 recycling drop-off locations (See Attachment A - City Recycling Drop-off

Locations) for the public to bring scrap metal, and accumulates scrap metal over the course of typical operations.

• Contractor will provide roll-off containers and collect materials from three City public drop-off locations which shall be performed at regular frequencies as mutually agreed upon by both parties:

o 6814 Hamilton Ave, Pittsburgh, PA 15208 o 40 Melanchton St, Pittsburgh, PA 15207 o 1330 Hassler St, Pittsburgh, PA 15220, and

• The occasional collection of materials from other City locations, with 3 business days notice from the City to the contractor.

• The City shall make reasonable efforts though public and employee education to ensure that only scrap metals are collected.

• Contractor may reject or remove contaminants prior to transporting the scrap metals.

Otherwise, the scrap metals shall be accepted by the contractor "as is" and the contractor shall be responsible for the proper disposal of any and all contaminants, residuals, and impurities at its own risk.

• The contractor must maintain a certified weight scale, calibrated in accordance with State and

Local authorities, to weigh the vehicles collecting scrap metals from City locations. Each load will be weighed and the weight slips should include time, date, gross, tare, and net weights.

• Contractor shall provide or act as a scrap metals market outlet for scrap metals during the term of this contract regardless of market fluctuations.

• Contractor shall provide evidence that the scrap metals have been used, recycled, or marketed in a legitimate manner.

• Contractor will be responsible for the cost of providing any and all equipment necessary to perform this Scope of Work.

5.3. Additional Information and Requirements

If the Contractor shall become or be declared insolvent, or make an assignment for benefit of creditors, or if proceedings are commenced for appointment of a receiver or Contractor, of if proceedings for arrangement, reorganization, or composition of creditors under any laws be instituted by or against

Contractor, or if Contractor refuses or fails to perform any other part or portion of its obligations under the contract and does not remedy such breach to the satisfaction and approval of the City within ten

(10) days (or twenty-four (24) hours in the event of an emergency as determined by the City) after receipt of written notice specifying the nature of such breach, the City may, at its option, immediately declare Contractor in default.

• In the event of any default by the Contractor hereunder, the City may, in addition to any other right or remedies the City may have under any statute or at common law or under any bond filed by the Contractor all of which are reserved to the City,

• terminate the contract and solicit bids and award a new contract, in which case the Contractor shall be liable to the City for all loss (including loss of revenue), cost,

• expense or damages suffered or incurred by the City by reason of the Contractor's default.

• Termination of the contract shall not affect Contractor's obligation to pay the City in full for all amounts Contractor may be liable hereunder.

Annual Reports

• The Contractor shall submit a statement that includes the following within fifteen (15) days after the end of each calendar year to the Recycling Division,

• Environmental Services Building, 3001 Railroad Street, Pittsburgh, PA 15201:

• The total volumes in tons of scrap metals received by the Contractor's processing facility or other receiving site from the City and from all others in the preceding calendar year.

• The total volumes in tons of each of the following materials that were processed by Contractor in the preceding year - scrap metals and residual waste.

• The total volumes in tons of the materials that were marketed by the Contractor in the proceeding calendar year.

• Estimates of the City's shares of the volume of materials identified in (2) and (3).

Laws, Regulations, Permits and Taxes

• Contractor shall pay and all Federal, State, City and Local taxes, fines, penalties and assessments, including all fees and charges related to the Municipal Waste

• Planning, recycling and Waste Reduction Act, 53 P.S. 4000.101 et seq. ("Act 101"), arising out of the operation of the Contractor's business pursuant to the contract.

Independent Contractor

The contract does not make the Contractor (or any of the Contractor's officers, agents, employees or subcontractors) an employee, agent or legal representative of the City for any purposes whatsoever, and the Contractor acts as an independent contractor and is not granted any right or authority to assume or create any obligations, duty or responsibility, express or implied, on behalf of or in the name of the City or to bind the City in any manner or thing whatsoever.

5.4. Shipping & Delivery Terms

Shipping and delivery costs must be included with vendor's submitted response pricing under the Pricing

Proposals section. The City of Pittsburgh will not pay for nor reimburse separate shipping, handling, or delivery fees.

Purchase orders placed under an awarded contract will be F.O.B. Destination.

6. VENDOR QUESTIONNAIRE

6.1. Do you agree with the City's Terms and Conditions?*

☐ Yes

☐ No

*Response required

6.2. Vendor Contact Sheet*

Please download the below documents, complete, and upload.

• Blank_Vendor_Contact_Sheet.pdf

*Response required

6.3. W-9*

Please download the below documents, complete, and upload.

• W9.pdf

*Response required

6.4. Vendor Registration Form*

Please download the below documents, complete, and upload.

• Blank_Vendor_Registration_F...

*Response required

6.5. Statement of Affiliation*

Please download the below documents, complete, and upload.

• Blank_Statement_of_Affiliat...

*Response required

6.6. Authorized Signatory*

Provide the name, title, & email address of the authorized signatory for your company (for details on who is considered an authorized signatory, please look at our terms & conditions section)

*Response required

6.7. Certificate of Insurance*

Please acknowledge that upon award, you will provide a current Certificate of Insurance listing the City of Pittsburgh as additionally insured for General and Automobile Liability along with Worker's

Compensation.

https://government-project.s3.us-west-2.amazonaws.com/12821/8ba7c23a-8d87-47e4-ac3d-9ec4804a81d9_Blank_Vendor_Contact_Sheet.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1653578586&Signature=K2rBtaETcRK20UdaEzD%2BndkJcw0%3D&response-content-disposition=attachment%3B%20filename%3D%22Blank_Vendor_Contact_Sheet.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/12821/9a555a7a-0c4f-4125-a9cc-674f57e4344c_W9.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1653578586&Signature=BvcGebU985B4qNjsf1VGzVU0wXE%3D&response-content-disposition=attachment%3B%20filename%3D%22W9.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/12821/e8ea4e7a-3385-4cc6-9ec2-5a876d074896_Blank_Vendor_Registration_Form.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1653578586&Signature=aH5pPhWzBCH6wYylvwmv%2Fx%2B0DW8%3D&response-content-disposition=attachment%3B%20filename%3D%22Blank_Vendor_Registration_Form.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/12821/62dd4c69-69ac-4cb9-9729-3ab9d61de852_Blank_Statement_of_Affiliations.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1653578586&Signature=Ua5i3UWB9CJX%2B2S7r9BFck7BtUU%3D&response-content-disposition=attachment%3B%20filename%3D%22Blank_Statement_of_Affiliations.pdf%22

☐ Yes

☐ No

*Response required

6.8. Qualification Statement*

Please upload your qualification statement.

*Response required

7. PRICING PROPOSAL

Please be sure to modify the table settings to "Include No Bid Column" as switched on.

SALE OF SURPLUS METAL MATERIALS (SCRAP)

Line Item Description Quantity Unit of

Measure Unit Cost Total Vendor

Comments

1 Scrap Metal Picked up by Contractor 1 Ton (US) or

Short Ton

(UK)

2 Scrap Metal Delivered to the Contractor by the

City

1 Ton (US) or

Short Ton

(UK)

TOTAL