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HomeMy WebLinkAbout213-21 RESOLUTIONcnvEt 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 213-21 File Number: 2021-0543 BID #21-47 ROGERS IRON AND METAL CORPORATION: A RESOLUTION TO AWARD BID #21-47 TO ROGERS IRON AND METAL CORPORATION FOR THE REMOVAL AND RECYCLING OF SCRAP METAL ITEMS FROM THE CITY OF FAYETTEVILLE RECYCLING AND TRASH COLLECTION DIVISION IN THE AMOUNT OF $200.00 PER TON FOR A TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BV THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 21-47 to Rogers Iron and Metal Corporation for the removal and recycling of scrap metal items in the amount of $200.00 per ton for a period of one year with automatic renewals for up to four additional one year terms. PASSED and APPROVED on 9/7/2021 Attest: ``���1�t,trr►►rr r r Q�� GITy'•.F • •G� qY :� Kara Paxton, City Clerk Treasttrg £�6V/44 e :,o rA �i � • • ... • • icy ''G;ON COO �1'.0' • Page 1 Printed on 918121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0543 Agenda Date: 9/7/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.2 BID #21-47 ROGERS IRON AND METAL CORPORATION: A RESOLUTION TO AWARD BID #21-47 TO ROGERS IRON AND METAL CORPORATION FOR THE REMOVAL AND RECYCLING OF SCRAP METAL ITEMS FROM THE CITY OF FAYETTEVILLE RECYCLING AND TRASH COLLECTION DIVISION IN THE AMOUNT OF $200.00 PER TON FOR A TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 21-47 to Rogers Iron and Metal Corporation for the removal and recycling of scrap metal items in the amount of $200.00 per ton for a period of one year with automatic renewals for up to four additional one year terms. City of Fayetteville, Arkansas Page 1 Printed on 91812021 Brian Pugh Submitted By City of Fayetteville Staff Review Form 2021-0543 Legistar File ID September 7th, 2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/10/2021 RECYCLING/TRASH COLLECTION (750) Submitted Date Division / Department Action Recommendation: Award of Bid 21-47, Scrap Metal Removal and Recycling to Rogers Iron and Metal for the operational cost of $200 per ton for a period of one (1) year with four (4) automatic one (1) year renewal options. Budget Impact: Account Number Project Number Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title $ V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 7TH, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Jeff Coles, Recycling and Trash Collections Director FROM: Brian Pugh, Waste Reduction Coordinator DATE: August 10th, 2021 SUBJECT: Award of Bid 21-47, Scrap Metal Removal and Recycling to Rogers Iron and Metal for the operational cost of $200 per ton for a period of one (1) year with four (4) automatic one (1) year renewal options. RECOMMENDATION: Approve a resolution to award bid #21-47 to Rogers Iron and Metal (RIMCO) for the removal and recycling of scrap metal items from the City of Fayetteville Recycling and Trash Collection Division. BACKGROUND: Bid 21-47 was released on April 25th and closed on May 1311, 2021. The bid requests services for the removal and recycling of scrap metal items that are recovered from operations related to the Recycling and Trash Collection Division. The bid was requested in order to receive the best pricing possible for the recycling service and to develop a system based upon a national index. DISCUSSION: The national index chosen for this bid will be the monthly American Metal Market publication and will utilize the Chicago market for #2 bundles. By tying the pricing to a national index the City will receive better and more reliable pricing for the amounts of scrap metal sold. There was one bid that was received and Rogers Iron and Metal was the bidder. This contract includes a renewal for a 5 year period of time. The operational cost for RIMCO was $200 per ton. BUDGET/STAFF IMPACT: None Attachments: #21-45 Bid from Rogers Iron and Metal (RIMCO), Bid 21-47, #21-47 Bid tabulation and Contract with Appendix A-C Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY nF PATETTEVI LLE ARKAN&AS BID TABULATION BID 21-47, SCRAP METAL REMOVAL AND RECYCLING DEADLINE: Thursday, May 05, 2021 before 2:00 PM, Local Time TOTAL PAYMENT ROGERS IRON & METAL $42,000.00 I I ESTIMATED Annual Gross I *PRICE per Gross Ton to Substract I *TOTAL Annual Expense Item # Item Description Based On Estimated Tons from index for City Payment Tonnage Price Per Gross Ton for removal of scrap metal #0-1 including all fees, materials, transportation 210 costs, insurance, etc. $200 Bid award is contigent upon vendor meeting minimum specifications and formal authorization by City $42,000.00 CITY OF FAYETTEVILLE ARKANS ARKANSAS Bid 21-47, Scrap Metal Removal and Recycling Project Overview Project Details Reference ID Project Name Project Owner Project Type Department Project Description Open Date Close Date Bid 21-47, Scrap Metal Removal and Recycling Bid 21-47, Scrap Metal Removal and Recycling Andrea Foren IFB Purchasing The City is seeking bids from qualified bidders for the removal and recycling of scrap metal. The estimated tonnage for this bid is approximately 210 tons per year and has renewable one-year term for a total possible contract time of five years. Any questions concerning the bidding process should be addressed to Adonis Bwashi, City of Fayetteville Purchasing Agent, at abwashi@fayetteville-ar.gov or by calling (479)575-8258. Apr 25, 2021 12:00 AM CDT May 13, 2021 2:00 PM CDT Highest Scoring Supplier Rogers Iron & Metal Score 100 pts CITY OF FAYETTEVILLE ARKANS ARKANSAS Seal status Requested Information Bid Document - (Completed & Signed) W-9 Form Arkansas Secretary of State Filling # DUNS: Bid Tab 21-47, Scrap Metal Removal & Recycling (BT- 3613W) Conflict of Interest Unsealed on Unsealed by May 13, 2021 2:01 PM CDT Adonis Bwashi May 13, 2021 2:01 PM CDT Adonis Bwashi May 13, 2021 2:01 PM CDT Adonis Bwashi May 13, 2021 2:01 PM CDT Adonis Bwashi May 13, 2021 2:01 PM CDT Adonis Bwashi # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Adonis Bwashi May 13, 2021 2:02 PM CDT No CITY of ��FAYETTEVILLE ARNANSAS Submissions Supplier Date Submitted Name Email Confirmation Code Rogers Iron & Metal Matt McNally mmcnally@yaffeco.net May 12, 2.37 PM MTQwODEz CDT Project Criteria Criteria Points I Description Total Base Bid 1 100 pts I Highest price offered per Gross Ton to Subtract from Index for City Payment 21-47, Technical Specifications I Pass/Fail I Does the bid meet all minimum specifications? Total 1 100 pts ARK NSAS LLE FA ET AS Scoring Summary Active Submissions Total Total Base Bid 21-47, Technical Specifications Supplier 1100 pts / 100 pts Pass/Fail Rogers Iron & Metal 100 pts 100 pts ($42,000.00) Pass CITY OF FAYETTEVILLE ARKANS ARKANSAS Signatures Name Andrea Foren (Project Owner) Adonis Bwashi (Evaluator) Signatures Digitally signed by Andrea Andrea Foren Doren D ate: 2021.06.22 15:19:16 -05'00' Digitally signed by Adonis Bwashi O I cn=Adonis Bwashi, em email=abwashi@fayetteville-ar.gov, c=US Date: 2021.05.13 17:02:30-05'00' -9 Request for Taxpayer Give Form to the Form Identification Number and Certification requester. Do not (Rev. November 2017) Department m Inteal of the Treasury Revenue Service I> Go to www.frs.gov/FormW9 for instructions and the latest information. send to the IRS. t Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. YAFFE IRON & METAL CO.,INC. (CONSOLIDATED FILING) 2 Business name/disregarded entity name, if different from above ROGERS IRON & METAL CORP t7 01 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to m following seven boxes. certain entities, not individuals; see n p ❑ Individual/sole proprietor or ElC Corporation 2 S Corporation ElPartnership ❑ Trust/estate instructions on page 3): single -member LLC Exempt payee code (if any) 5 ti 2 « U ❑ Limited liability company, Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► p Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting H LLC If the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that d o G is disregarded from the owner should check the appropriate box for the tax classification of its owner. o m ❑ Other (sea instructions) ► lAnn':asro•nowrs mamramm o„rveeiro us.t N 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) m 730 N ARKANSAS m 6 City, state, and ZIP code ROGERS, AR 72757 7 List account numbers) here (optional) JUM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given online 1 to avoid social security number backup withholding. For individuals, this is generally your social security number (SSN. However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - m - entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 7 3 - 0 7 2 3 1 3 6 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a)1 am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. ,tgn Signature of Here I U.S. person► Np� Date ► 'j _ :1-3 —\$ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments, For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.frs.gov1FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number ([TIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-8 (Rev. 11-2017) CITY 4F City of Fayetteville, Arkansas Purchasing Division — Room 306 FAYETTEVILLE 113 W. Mountain Fayetteville, AR 72701 A R K A N S A S Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 21-47, Scrap Metal Removal & Recycling DEADLINE: Thursday, May 13, 2021 before 2:00 PM, Local Time DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Adonis Bwashi, abwashi@fayetteville-ar.p.- DATE OF ISSUE AND ADVERTISEMENT: Sunday, April 25, 2021 INVITATION TO BID Bid 21-47, Scrap Metal Removal & Recycling No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party bidding platform, Bonfire, or, (2) mailed and received ad the address in the invitation to bidders prior to the deadline or (3) delivering in person via sealed envelope by appointment only. Submitting through the City's electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Rose(-3 T(-Or CAJ i\e,b!,1 Contact Person: (Y1u 4L MW. (ky Title: I SS;Sfu A �' AA4 n E-Mail: LLya yA'F Fe,C.O. ne;t Phone: Business Address: _7c�d oc+�\ City Signe City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 1 of 15 Zip: Da - Date: T City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 21-47, Scrap Metal Removal & Recycling The City is seeking bids from qualified vendors for the removal and recycling of scrap metal. The estimated tonnage for this bid is approximately 210 tons per year and has renewable one-year term for a total possible contract time of five years. Any questions concerning the bidding process should be addressed to Adonis Bwashi, City of Fayetteville Purchasing Agent, at abwashi@tayetteville-ar.g( or by calling (479)575-8258. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at ,vww.1dyettev1lle-d1.90v/bids. All bids shall be received by Thursday, May 13, 2021 before 2:00 PM, Local Time utilizing the City's electronic bidding software. All bids are due before the time stated. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at .Ni VV. YL)LiLui i 11, u,uiikILYU!io �ihu,41. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. An appointment is required to submit a sealed bid in person. Bids will also be acceptable for consideration if received at the location below before the deadline: City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayetteville By: Adonis Bwashi, Purchasing Agent P:479.575.8258 .)wds,mcc tayettevide-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 04/25/2021 City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 2 of 15 City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling Bid Form Bid pricing shall be based on the prices listed in the 7`h effective issue of the month of the American Metal Market under shredded auto scrap using the Arkansas -Tennessee Border consumer buying price LESS cost for collecting and processing of material. Refer to electronic platform to complete Bid Form (bid pricing and total base bid) This project includes removal, recycling and payment for scrap metal items collected through multiple city collection and operations facilities. ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature on the products being bid. The City reserves the right to award this bid based on the City's best interest at the time of service order. THIS BID FORM CONTINUES ON THE NEXT PAGE... City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 3 of 15 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 9. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 4 of 15 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: u Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name oy rr CDr\ ' .'J 0az41 *BUSINESS ADDRESS: -41 CciV-,VA-S SI Cej *CITY: R 5ers *STATE: *ZIP: *PHONE: 0 I— G� -"VOb FAX: *E-MAIL: hY\YY1 1k *BY: (PRINTED NAME) 1 , r4 ++ lYVIVI I(y *AUTHORIZED SIGNATURE: *TITLE DUNS NUMBER: *TAX ID NUMBER: f 1- Mo q -1 "19 Acknowledge Addendums: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: CAGE NUMBER: Acknowledged by: Acknowledged by: Acknowledged by: Acknowledged by: ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM N A COMPLETED FORMAT CAN RESULT IN BID REJECTION. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 5 of 15 City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at ww.tdyetteville-dr. ov bias. All bids shall be received by Thursday, May 13, 2021 before 2:00 PM, Local Time utilizing the electronic bidding software. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at ntlp�,./iwww.yuutuou.wiIII u!�ei/LiLyUhayeueviLle No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documents prk to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVIC Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 6 of 15 size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Adonis Bwashi, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8258 to insure receipt of their submittal documents City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 7 of 15 prior to opening time and date listed. 9. LOCAL STATE AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT FOIA AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 8 of 15 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 9 of 15 19. ASSIGNMENT SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 10 of 15 Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshall not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Adonis Bwashi immediately via telephone (479.575.8258) or e-mail (abwashi@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Adonis Bwashi, City of Fayetteville, Purchasing Agent via e-mail (.j_hwashi fa etteville-ar. o�) or telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 11 of 15 any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 12 of 15 City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling Technical Specification ALL BIDDERS SHALL READ THIS "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. BIDDING REQUIREMENTS: PHIS _ , ION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a. ), bidder shall write a "check mark" or write "yes" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the listed specification and can result in bidder DISQUALIFICATION. Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met or not. GENERAL: 1.1 All unit(s) bid shall meet or exceed the minimum requirements or they will be deemed incomplete and will not be considered for bid award. 1.2 All specifications written are to minimums unless otherwise noted. 1.3 Bidder shall provide proof of insurance as required by the City of Fayetteville. Insurance shall include Worker's Compensation, $1,000,000 minimum General Liability, and automobile insurance. Certificate of Insurance shall list the City as an additional insured. 1.4 Bidder shall pay the City within 30 calendar days from the date of pickup. 1.5 Pickup of scrap materials shall be based on an on -call basis upon City observation of container approaching maximum capacity. Awarded bidder shall pick up container, replacing existing container with empty container within five (5) business days of City requested pick up. 1.6 The bid shall be in effect for a period of one (1) year beginning on date of approval or signed resolution from the Fayetteville City Council or Mayor's Signature. The City reserves the right to extend the award of this bid automatically by mutual agreement for a period of four (4) additional, one (1) year periods automatically unless either the Contractor or the City notifies the other of its intent to terminate the contract at the end of the contract period. 2. REMOVAL & RECYCLING SPECIFICATIONS: 2.1 The bid shall include the removal, recycling, and payment to the City for scrap metal items collected through numerous city collections and city operations. Peak pick up load tonnage in the past has totaled 25.87 tons. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 13 of 15 2.2 Removal of materials shall be made at the following locations: a. Fayetteville Compost Facility, 1708 Armstrong Ave, Fayetteville, AR b. Lot adjacent to the Recycling and Trash Collection Division located at 1560 S. Happy Hollow Rd, Fayetteville, AR. 2.3 Price for the month of pick up will be based on the monthly published price listed in the seventh effective issue of the month of the American Metal Market, under shredded auto scrap using the Arkansas -Tennessee Border Consumer Buying Price. The pick-up date shall govern as it directly relates to the published index for the same day. See sample calculation chart below. 2.4 All prices are based FOB from the Recycling and Trash Collection Facility. 2.5 Bid pricing shall include but is not limited to the inclusive cost of all expenses of collecting the material, overhead, insurance, and any expense incurred from collection and processing of the material. a. Price paid to the City shall be calculated by taking the index as described above and subtracting the cost per ton presented in this bid. 2.6 All necessary equipment shall be furnished and spotted at the two locations listed previously and pulled and replaced with empty equipment as loaded. 2.7 All materials shall be weighed on certified truck scales and bidder shall provide two (2) copies of each scale ticket or provide a scanned copy of each scale to the City upon payment. 2.8 Pursuant to the City of Fayetteville Resolution # 19-11, bidder shall provide final destination information and use of material in final products to the City upon payment to the City. 2.9 The City agrees to maintain a diligent effort to keep all trash and or hazardous substances out of scrap containers. 3. PICK UP OF MATERIAL AND PAYMENT 3.1 Pick up of materials and payments to the City shall adhere to the following guidelines: a. Payment shall be made within 30 calendar days from the date material was picked up from the City of Fayetteville b. Index price per ton shall be governed by the price as most recently published based off of the date material is picked up from the City. Payment to the City shall be accompanied by the following information: • Date of requested pick up from City • Date material was picked up by the City • Price per ton bid amount, as bid from the response to this document City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 14 of 15 °"Yaffe 17 '.) 11 ; t' I I' a . ! 11; '! ! RS r 1! 1 ! ! '�i '!; 1 " + " ' I : {'!SH' t SA 7 WWW. YAFFEC O. NET FOR YOUR NEAREST L(X'AT1 >'. July 9, 2020 To Whom It May Concern: Our Rogers, AR location, Rogers Iron & Metal Corporation is pleased to provide scrap metal pricing for The City of Fayetteville. All quotes include containers, freight, handling, processing and profit. the American Metal Market will be used as the basis for pricing. Should you have any questions, please contact Matt McNally at (479)- 636-2666. Maintenance/Mixed Metal • No. 2 Bundles, less $200, Chicago, 1 oth Issue of the Month Example: Nlay 10, 202I, $ 330 less $200 = $13016rws Ion which equals $116.07/Net Ton Sincerely, Matt McNally Assistant Manager Rogers Iron & Metal Co. Office: (479) 636-2666 MMcNally@yaffeco.net Item Number Item Descriptioi ESTIMATED ANI *PRICE per Gross Tonto Substract from index for City Payment) No Basket (1) 1 #0-1 Price Per Gross Ton 1 210 200 5/13/2021 Proposal Data Back to Project Bid 21-47, Scrap Metal Removal and Recycling - Proposal Data Supplier Rogers Iron & Metal Scorecard Open... r� Arkansas Secretary of State Filling # Show/Hide + Search DUN! https://fayettevil le-ar. bonfirehu b. com/projects/43041 /proposal Data 1 /1 City of Fayetteville, Arkansas CITY OF Purchasing Division — Room 306 FAYETTEVILLE 113 W. Mountain Fayetteville, AR 72701 A R KA N $A$ Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 21-47, Scrap Metal Removal & Recycling DEADLINE: Thursday, May 13, 2021 before 2:00 PM, Local Time ACCEPTABLE DELIVERY METHODS: (1) City's third -party bidding platform, OR (2) Sealed and delivered directly to the City of Fayetteville as instructed in the advertisement PURCHASING AGENT: Adonis Bwashi, abwashi@fayetteville-ar.Rov DATE OF ISSUE AND ADVERTISEMENT: Sunday, April 25, 2021 INVITATION TO BID Bid 21-47. Scrab Metal Removal & Recvclin No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party bidding platform, Bonfire, or, (2) mailed and received ad the address in the invitation to bidders prior to the deadline or (3) delivering in person via sealed envelope by appointment only. Submitting through the City's electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Contact Person: E-Mail: Business Address: City: Signature: City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 1 of 15 State: Title: Date: Zip: City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 21-47, Scrap Metal Removal & Recycling The City is seeking bids from qualified vendors for the removal and recycling of scrap metal. The estimated tonnage for this bid is approximately 210 tons per year and has renewable one-year term for a total possible contract time of five years. Any questions concerning the bidding process should be addressed to Adonis Bwashi, City of Fayetteville Purchasing Agent, at abwashi@fayetteville-ar.gov or by calling (479)575-8258. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Thursday, May 13, 2021 before 2:00 PM, Local Time utilizing the City's electronic bidding software. All bids are due before the time stated. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. An appointment is required to submit a sealed bid in person. Bids will also be acceptable for consideration if received at the location below before the deadline: City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayetteville By: Adonis Bwashi, Purchasing Agent P: 479.575.8258 abwashi@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 04/25/2021 City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 2 of 15 City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling Bid Form Bid pricing shall be based on the prices listed in the 7th effective issue of the month of the American Metal Market under shredded auto scrap using the Arkansas -Tennessee Border consumer buying price LESS cost for collecting and processing of material. Refer to electronic platform to complete Bid Form (bid pricing and total base bid) This project includes removal, recycling and payment for scrap metal items collected through multiple city collection and operations facilities. ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature on the products being bid. The City reserves the right to award this bid based on the City's best interest at the time of service order. THIS BID FORM CONTINUES ON THE NEXT PAGE... City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 3 of 15 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. S. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 9. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 4 of 15 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: *STATE: *PHONE: FAX: *E-MAIL: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: *TITLE: DUNS NUMBER: CAGE NUMBER: *TAX ID NUMBER: Acknowledge Addendums: Addendum No. Dated: Acknowledged by: _ Addendum No. Dated: Acknowledged by: _ Addendum No. Dated: Acknowledged by: _ Addendum No. Dated: Acknowledged by: _ *ZIP: ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 5 of 15 City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.faVetteville-ar.gov/bids. All bids shall be received by Thursday, May 13, 2021 before 2:00 PM, Local Time utilizing the electronic bidding software. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayetteviIlear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 6 of 15 size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City'. b. All bidders shall promptly notify Adonis Bwashi, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITH DRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8258 to insure receipt of their submittal documents City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 7 of 15 prior to opening time and date listed. 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT. FOIA. AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 8 of 15 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 9 of 15 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protector's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 10 of 15 Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshall not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind, nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. NOTE: Any uncertainties shall be brought to the attention to Adonis Bwashi immediately via telephone (479.575.8258) or e-mail (abwashi@favetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Adonis Bwashi, City of Fayetteville, Purchasing Agent via e-mail (abwashi@favetteville-ar.gov) or telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 11 of 15 any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 12 of 15 City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling Technical Specification ALL BIDDERS SHALL READ THIS "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. BIDDING REQUIREMENTS: o NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a. ), bidder shall write a "check mark" or write "ides" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the listed specification and can result in bidder DISQUALIFICATION. o Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met or not. 1. GENERAL: 1.1 All unit(s) bid shall meet or exceed the minimum requirements or they will be deemed incomplete and will not be considered for bid award. 1.2 All specifications written are to minimums unless otherwise noted. 1.3 Bidder shall provide proof of insurance as required by the City of Fayetteville. Insurance shall include Worker's Compensation, $1,000,000 minimum General Liability, and automobile insurance. Certificate of Insurance shall list the City as an additional insured. 1.4 Bidder shall pay the City within 30 calendar days from the date of pickup. 1.5 Pickup of scrap materials shall be based on an on -call basis upon City observation of container approaching maximum capacity. Awarded bidder shall pick up container, replacing existing container with empty container within five (5) business days of City requested pick up. 1.6 The bid shall be in effect for a period of one (1) year beginning on date of approval or signed resolution from the Fayetteville City Council or Mayor's Signature. The City reserves the right to extend the award of this bid automatically by mutual agreement for a period of four (4) additional, one (1) year periods automatically unless either the Contractor or the City notifies the other of its intent to terminate the contract at the end of the contract period. 2. REMOVAL & RECYCLING SPECIFICATIONS: 2.1 The bid shall include the removal, recycling, and payment to the City for scrap metal items collected through numerous city collections and city operations. Peak pick up load tonnage in the past has totaled 25.87 tons. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 13of15 2.2 Removal of materials shall be made at the following locations: Fayetteville Compost Facility, 1708 Armstrong Ave, Fayetteville, AR Lot adjacent to the Recycling and Trash Collection Division located at 1560 S. Happy Hollow Rd, Fayetteville, AR. 2.3 Price for the month of pick up will be based on the monthly published price listed in the seventh effective issue of the month of the American Metal Market, under shredded auto scrap using the Arkansas -Tennessee Border Consumer Buying Price. The pick-up date shall govern as it directly relates to the published index for the same day. See sample calculation chart below. 2.4 All prices are based FOB from the Recycling and Trash Collection Facility. 2.5 Bid pricing shall include but is not limited to the inclusive cost of all expenses of collecting the material, overhead, insurance, and any expense incurred from collection and processing of the material. Price paid to the City shall be calculated by taking the index as described above and subtracting the cost per ton presented in this bid. 2.6 All necessary equipment shall be furnished and spotted at the two locations listed previously and pulled and replaced with empty equipment as loaded. 2.7 All materials shall be weighed on certified truck scales and bidder shall provide two (2) copies of each scale ticket or provide a scanned copy of each scale to the City upon payment. 2.8 Pursuant to the City of Fayetteville Resolution # 19-11, bidder shall provide final destination information and use of material in final products to the City upon payment to the City. 2.9 The City agrees to maintain a diligent effort to keep all trash and or hazardous substances out of scrap containers. 3. PICK UP OF MATERIAL AND PAYMENT 3.1 Pick up of materials and payments to the City shall adhere to the following guidelines: Payment shall be made within 30 calendar days from the date material was picked up from the City of Fayetteville Index price per ton shall be governed by the price as most recently published based off of the date material is picked up from the City. Payment to the City shall be accompanied by the following information: • Date of requested pick up from City • Date material was picked up by the City • Price per ton bid amount, as bid from the response to this document City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 14 of 15 • Printed/electronic document showing the price for the index based on the date material was picked up • Total tonnage of load which was picked up • Total amount paid to the City showing breakdown of figures showing the calculated volume from the load less the calculated expense (bid price) totaling the amount due to the City. • Final destination information and use of material in final products for all materials. SAMPLE CALCULATION FORM: City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 15of15 Index Price Tonnage Total Tonnage Revenue A $ x = $ Expense Price per Ton Total Tonnage Expense (amount bid) Tonnage based on Bid B $ x = $ Total Tonnage Revenue (A) - Total Tonnage Expense (B) = Total Payment to the City CONTRACT FOR SERVICES CITY OF WiS FAYETTEVILLE ARKANSAS City of Fayetteville, AR Bid 21-47, Scrap Metal Removal and Recycling Vendor: Rogers Iron & Metal Corporation Terms: One year with four automatic renewals This contract executed this day of , 2021, between the City of Fayetteville, Arkansas (City), and YAFFEE IRON & METAL CO, INC. DBA ROGERS IRON & METAL CORPORATION (RIMCO) in consideration of the mutual covenants contained herein, the parties agree as follows: 1. RIMCO at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 21-47 as stated in RIMCO bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 21-47, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay RIMCO based on their bid proposal in an amount not to exceed $200 per gross ton subtracted from index for City payment and as bid with response to Bid 21-47. Payments shall be made to the City after price per ton removal fees. 3. The Contract documents which comprise the contract between the City of Fayetteville and RIMCO consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 21-47 with the specifications and conditions typed thereon. B. RIMCO bid proposal. C. City's Recommendation for Award for Bid 21-47. 4. These Contract documents constitute the entire agreement between the City of Fayetteville RIMCO and may be modified only by a duly executed written instrument signed by the City of Fayetteville and RIMCO. 5. RIMC shall not assign its duties under the terms of this agreement. 6. RIMCO agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from RIMCO performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. RIMCO shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet; the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, RIMCO shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. City of Fayetteville, AR Bid 21-47, CONTRACT— ROGERS IRON & METAL CORPORATION Page 1 of 3 The premiums for all insurance and the bond required herein shall be paid by RIMCO. Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $500,000 for each person injured. $1,000,000 for each accident. Property Damage Liability $1,000,000 aggregate. 8. RIMCO shall furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or RIMCO with 30 calendar days written notice. 10. This contract shall be effective from one year of the date of signed contract. The City reserves the right to automatically renew the contract for four (4) additional one (1) year terms. Renewals shall be automatic unless either RIMCO or the City notifies the other of its intent to terminate the contract at the end of the contract period. 11. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 12. Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the Fayetteville City Council in advance of the change in scope, cost or fees. 13. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. 14. Arbitration/Mediation: The City will not agree to be forced to mediate or arbitrate any dispute. 15. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or penalty for "untimely" payments. The City will pay all invoices within 30 calendar days of accepted invoice. WITNESS OUR HANDS THIS ` DAY OF 021. ROGERS IRON & METAL CORPORATION By: �. City of Fayetteville, AR Bid 21-47, CONTRACT — ROGERS IRON & METAL CORPORATION Page 2 of 3 Signature (i cu" 11V 1 Mtijastai Printed Contractor Name & Title C ATTEST (Signoture) 1�uC%L Company Secretary(Printed Nome) Business Address 741 A)o, Ark,,,j City, %ate L Zip Code Date Signed: City of Fayetteville, AR Bid 21-47, CONTRACT — ROGERS IRON & METAL CORPORATION Page 3 of 3 LIONELD JORDAN, Mayor 4� WvA `````�RK��irr►►rri ATTEST: (Signature) ; �: ••, : FAY ETTE` lLLE Kara Paxton, City Clerk Date Signed: , NG' ON"simo1,�` .. City of Fayetteville, Arkansas CITY OF Purchasing Division — Room 306 FAYETTEVILLE 113 W. Mountain Fayetteville, AR 72701 A R KA N $A$ Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 21-47, Scrap Metal Removal & Recycling DEADLINE: Thursday, May 13, 2021 before 2:00 PM, Local Time ACCEPTABLE DELIVERY METHODS: (1) City's third -party bidding platform, OR (2) Sealed and delivered directly to the City of Fayetteville as instructed in the advertisement PURCHASING AGENT: Adonis Bwashi, abwashi@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Sunday, April 25, 2021 INVITATI TO ��� Bid 21-47. Scrar)AteZal Rem al &.Xvclin v Q,�. No late bids will be accepted. Bids shto\um mittill►one ®ollowing methods: (1) through the City's third -party bidding platform, Bonfire,a' mid re 'v ad the address in the invitation to bidders prior to the deadline or (3) delivering in pers e ale nv ope by appointment only. Submitting through the City's electronic bidding platform is strc All bids shall be submitted in accordance with the attached City of Fayetteville specifications anl� bid d ents attached hereto. Each bidder is required to fill in every blank and shall supply all information reqj�ed; ailure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & de or\ icles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and g era conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual writte rcement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Contact Person: E-Mail: Business Address: City: Signature: City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 1 of 15 State: Title: IaitSM1 _ Date: Zip: City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 21-47, Scrap Metal Removal & Recycling The City is seeking bids from qualified vendors for the removal and recycling of scrap metal. The estimated tonnage for this bid is approximately 210 tons per year and has renewable one-year term for a total possible contract time of five years. Any questions concerning the bidding process should be addressed to Adonis Bwashi, City of Fayetteville Purchasing Agent, at abwashi@fayetteville-ar.gov or by calling (479)575-8258. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Thursday, May 13, 2021 before 2:00 PM, Local Time utilizing the City's electronic bidding software. All bids are due before the time stated. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayettevillear. No late bids shall be accepted. The City of Fayetteville shall not be respo Bible for lost or misdirected bids, or for failure of proposer's technical equipment. An appointment is re r d to submit a sealed n person. Bids will also be acceptable for consideration if received at the location bef the deadli NX rin�ivayett�ePur aisio om 30 .1 est M Stree ayette i , 7 Pursuant to Arkansas Code Annotated §22-9-2 City Fa tteville encourages all qualified small, minority and women business enterprises to bid on ce ' acts for goods, services, and construction. Also, City of Fayetteville encourages all general ntrac o subcontract portions of their contract to qualified small, minority and women business enterprises The City of Fayetteville reserves the right.t§,"%t e irregularities, to reject bids, and to postpone the award of the Contract for a period of time whi exceed beyond ninety calendar days from the bid opening date. rJ City of Fayetteville By: Adonis Bwashi, Purchasing Agent P: 479.575.8258 abwashi@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 04/25/2021 City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 2 of 15 City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling Bid Form Bid pricing shall be based on the prices listed in the 7th effective issue of the month of the American Metal Market under shredded auto scrap using the Arkansas -Tennessee Border consumer buying price LESS cost for collecting and processing of material. Refer to electronic platform to complete Bid Form (bid pricing and total base bid) DK .�` A• This project includes removal, recycling and pay I scrap Al items ' ted through multiple city operations facilities. p collection and o v ALL BIDDERS SHALL COMPLETE TH &fHINOL.4L PECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE Q ► bED "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FOAM TTVN RESULT IN BID REJECTION. Bids shall be submitted on this bid form ' it t et AND accompanied by descriptive literature on the products being bid. The City reserves the right t rd this bid based on the City's best interest at the time of service order. THIS BID FORM CONTINUES ON THE NEXT PAGE... City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 3 of 15 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. I, as an officer of this organization, or per the attached I tter of authorization, am my authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Ec ppor t and N IZ -imination requirements and conditions of employment in addition to all fed I,�ate, and to I laws. 7. Bidder shall disclose any possible conflic of inVest wi City of ville, including, but not limited to, any relationship with any City of Fayettev4le Ioyee. se shall is se if a known relationship exists between any principal or employee of your any Ci ayet viQemployee or elected City of Fayetteville official. If no relationship exists, this shou o be s yo res oonnse. Failure to disclose such a relationship may result in cancellation of a purchase and/or t as a�su f your response. 1.) NO KNOWN R ATION • TS 2.) RELATIONSHIP EXls4�1111ease explain): 8. Bidder will perform the Work in co * � ✓ith all applicable trench safety standards set forth in Occupational Safety and Health Administration ( SH Jart 1926 — Subpart P — Excavations. 9. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 4 of 15 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: *D/B/A or Corporation Name *BUSINESS ADDRESS: *CITY: *PHONE: *E-MAIL: *BY: (PRINTED NAME) *AUTHORIZED SIGNATURE: *TITLE: Purchase Order/Payments shall be issued to this name *STATE: *ZIP: FAX: DUNS NUMBER: CAG BER:01 *TAX ID NUMBER: Acknowledge Addendums: 0 Addendum No. Dated: Ac Fedg by. ';?Addendum No. Dated: ckno WI by: Addendum No. Dated: A nQ � edged by: Addendum No. Dated: �< owledged by: ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 5 of 15 City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.faVetteville-ar.gov/bids. All bids shall be received by Thursday, May 13, 2021 before 2:00 PM, Local Time utilizing the electronic bidding software. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayetteviIlear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdireAd bids. Vendor should II the Purchasing Office at 479.575.8220 to ensure correct receipt i ing ocuments ri pening time and date listed on the bid form. �I 4 e. Bidders shall have experience roidin cts an services of the same or similar nature. f. Bidder is advised that ex to an ter ained in this bid must be identified in its response to the bid. e to d ay le d t ity to declare any such term non- negotiable. Proposer's desire to cepn non-negotiable term will not disqualify it from consideration for awar •`(`�+ g. Local time is defined as the ti a in Faille, Arkansas on the due date of the deadline. Bids shall be received before the tim�a�own by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated an v e based on the best interest of the City of Fayetteville. The City reserves the right to awards in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 6 of 15 size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submAr of bids to the City, or any work performed in connection therewith, shall be borne solely by the b's). No payment williade for any responses received, or for any other effort required of, or madhe er(s) prio �c ntract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it &re(sse has i rest a II acquire no interest, either direct or indirect, which would cogfany with t ee rformance or services required hereunder, as provided ZIV of Fay le C ®e tion 34.26 titled "Authority of City Employee to Contract wCit ' . b. All bidders shall promptly ns &w s City Purchasing Agent, in writing, of all potential p p Y 6 Y g g g, conflicts of interest for any p specti ess association, interest, or other circumstance which may influence or appear to influ e the bidder's judgment or quality of services being provided. Such written notificati c,ll identify the prospective business association, interest or circumstance, the nature of the bidder may undertake and request an opinion to the City as to whether the associ N. est or circumstance would, in the opinion of the City, constitute a conflict of in r t if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITH DRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8258 to insure receipt of their submittal documents City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 7 of 15 prior to opening time and date listed. 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, com unity colleges, munici alities, counties, or other public agencies or authorities), which may desire to r hase under the terms conditions of the contract. 11. COLLUSION: N V The Proposer, b affixing his or her si na re t is r `�a re �Zhe following: "bidder certifies that p Y g g p g g his or her bid is made without previous Irstandi eeme ,connection with any person, firm or -�J' corporation making a proposal for e item d/or s and is in all respects fair, without outside control, collusion, fraud, or o rwise actin " 12. RIGHT TO AUDIT FOIA AND JURISDICIT • a► a. The City of Fayetteville resery the p `e of auditing a vendor's records as such records relate to purchases between the`Ct� san said vendor. b. Freedom of Information Act:`ontracts and documents prepared while performing City contractual work are subUitk\h- P7\ ArkansasFreedom of Information Act. If a Freedom of Information Act requestented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 8 of 15 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of a company name changwhich would cause invoicing to change from the name used at the time �,t onra�11,b id.Paym�i ' ill be made within thirty days of invoice received. The City of Fayettevill is Y� y credity an of pay any interest, fees, or penalty for untimely payments. Payments c �e�lrocess ough b r acceptance of Visa at no additional costs to the City for expedited &aym proc he I not agree to any nonrefundable deposit or retainer that would remainprty of t er eve if e hourly work actually performed by the bidder would not justify such f (�� O V The City will pay the awarded bidder based t prXis 11001 ded on invoicing. Progress payments will be made after approval and acceptance of subn of invoice. Payments will be made within 30 pp p Y days of accepted invoice. 18. CANCELLATION: `CO a. The City reserves the right to A el this contract without cause by giving thirty (30) days prior notice to the Contractor i`wNl g f the intention to cancel or with cause if at any time the Contractor fails to fulfill kja e by any of the terms or conditions specified. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 9 of 15 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, request for proposals, request for qualificati the bidder/proposer/protestor or any memo bidder/proposer/protestor, or any persoNi organization that is responding to t a pending bid protest is strictly prod ei Fayetteville and shall be prohibited until eitr of Fayetteville; provided, however, not contacting the Purchasing Division to ad e� �, A O'kttevilleNZPP*Ioyees,L7,Nected officials regarding or coArac%s, durlikeWpendency of bid protest, by 07�'yl prosprotector'sstaff, and agent of the al affiliated with or representing an m or qualification, bid or contract, or has i ad rt dent or on a date established by the City of a I or the protest is finally resolved by the City is hibit a prospective/bidder/proposer from ,it such as clarification and/or questions related to the procurement process. For purposes of this pro sisioMobbying activities shall include but not be limited to, influencing or attempting to influenaiation, io C16n-action in connection with any request for proposal, request for qualification, bid or contgh direct or indirect oral or written communication or an attempt to obtain goodwill of persor entities specified in this provision. Such actions may cause any request for proposal, request for qu bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 10 of 15 Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshall not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number q ays from the date of r eipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bid i �b an e o ee legal authority to submit p Y A YY g Y bids on behalf of the bidder. The entire t'o�pre ar d pro . i responses shall be borne by the bidder. e. The City reserves the right to rey add' a infor it deems necessary from any or all bidders after the submission de �i e. O O f. The request for bid is not to be constru sRn oPing contract, or a commitment of any kind, nor does it commit the city to pay for any cosrrin reer in preparation. It shall be clearly understood that any costs incurred by the Propoes o this request for proposal is at the bidder's own risk and expense as a cost of doing busirV he City of Fayetteville shall not be liable for reimbursement to the Proposer fo:a-np�nse so incurred, regardless of whether or not the proposal is accepted. ` g. If products, components, or ser�other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. NOTE: Any uncertainties shall be brought to the attention to Adonis Bwashi immediately via telephone (479.575.8258) or e-mail (abwashi@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Adonis Bwashi, City of Fayetteville, Purchasing Agent via e-mail (abwashi@favetteville-ar.gov) or telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 11 of 15 any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. The successful bidder's attention is directed to theft that all applicable municipal ordinances, and the rules and regulaticN.Aall authorities havi shall apply to the contract throughout, and tley e deeo be in written out in full herein. The successful b.4 e hall keeA hi self/h ordinances and regulations of the Fed affecting those engaged or employol' services and of all orders and deY%eX If any discrepancy or inconsisten?!Wc specifications herein referred to, in rel shall herewith report the same in writ 26. INVOICING: All invoices shall be prese d e OicipaI servicl ral and State laws, jN�'diction over the services Sd in the contract as though Ily informed of all laws, �Nments or authorities in any manner �(n any way affecting the conduct of the any jurisdiction or authority over same. se Contract Documents or in the ordinance, regulation, order or decree, s/he eville. ity with the minimum information listed below. City Department that ordered th roerials or services Order Date Delivery date or the dat s�c s Name of the City Employ8at requested or picked up the goods, materials, or service Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 12 of 15 City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling Technical Specification ALL BIDDERS SHALL READ THIS "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. BIDDING REQUIREMENTS: o NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a. ), bidder shall write a "check mark" or write "ides" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the listed specification and can result in bidder DISQUALIFICATION. o Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met or not. 1. GENERAL: NO �, X nn�• 1.1 All unit(s) bid shall meet or exceed knimu re ireme hey will be deemed incomplete and will not be cons ed�or d. 1.2 All specifications written ark inimu ess of se noted. 1.3 Bidder shall provide proo ` insur s req i e by the City of Fayetteville. Insurance shall include Worker's Compensatior 0,0 in mum General Liability, and automobile insurance. Certificate of Ins sh e City as an additional insured. 1.4 Bidder shall pay the City within 3; Helen ar days from the date of pickup. 1.5 Pickup of scrap materials s� ased on an on -call basis upon City observation of container approaching maximum � warded bidder shall pick up container, replacing existing container with empty co er within five (5) business days of City requested pick up. 1.6 The bid shall be in effect for a period of one (1) year beginning on date of approval or signed resolution from the Fayetteville City Council or Mayor's Signature. The City reserves the right to extend the award of this bid automatically by mutual agreement for a period of four (4) additional, one (1) year periods automatically unless either the Contractor or the City notifies the other of its intent to terminate the contract at the end of the contract period. 2. REMOVAL & RECYCLING SPECIFICATIONS: 2.1 The bid shall include the removal, recycling, and payment to the City for scrap metal items collected through numerous city collections and city operations. Peak pick up load tonnage in the past has totaled 25.87 tons. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 13 of 15 2.2 Removal of materials shall be made at the following locations: Fayetteville Compost Facility, 1708 Armstrong Ave, Fayetteville, AR Lot adjacent to the Recycling and Trash Collection Division located at 1560 S. Happy Hollow Rd, Fayetteville, AR. 2.3 Price for the month of pick up will be based on the monthly published price listed in the seventh effective issue of the month of the American Metal Market, under shredded auto scrap using the Arkansas -Tennessee Border Consumer Buying Price. The pick-up date shall govern as it directly relates to the published index for the same day. See sample calculation chart below. 2.4 All prices are based FOB from the Recycling and Trash Collection Facility. 2.5 Bid pricing shall include but is not limited to the inclusive cost of all expenses of collecting the material, overhead, insurance, and any expense incurred from collection and processing of the material. a. Price paid to the City shall be calculated by taking the index as described above and subtracting the cost per ton presented in this bid. 2.6 All necessary equipment shall be furnished spotted at the two Rations listed previously and pulled and replaced with empty equi t as aded. AA � 2.7 All materials shall be weighed o tYl'fi�ied trVc cal s and r shall provide two (2) copies of can cop p each scale ticket or rovide a y h scal e Cit Y upon u payment. p Y 2.8 Pursuant to the City of F le Re i n # 191 adder shall provide final destination information and use of rl�rial in odu s t/e City upon payment to the City. 2.9 The City agrees to maintain t of tt ►keep all trash and or hazardous substances out of scrap containers. 3. PICKUP OF MATERIAL AND PAYMENT ♦ GJ 3.1 Pick up of materials and *�t to the City shall adhere to the following guidelines: a. Payment shall be de within 30 calendar days from the date material was picked up from the City of Fayetteville Index price per ton shall be governed by the price as most recently published based off of the date material is picked up from the City. Payment to the City shall be accompanied by the following information: • Date of requested pick up from City • Date material was picked up by the City • Price per ton bid amount, as bid from the response to this document City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 14 of 15 • Printed/electronic document showing the price for the index based on the date material was picked up • Total tonnage of load which was picked up • Total amount paid to the City showing breakdown of figures showing the calculated volume from the load less the calculated expense (bid price) totaling the amount due to the City. • Final destination information and use of material in final products for all materials. SAMPLE CALCULATION FORM: City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 15 of 15 Index Price Tonnage Total Tonnage Revenue A $ x = $ Expense Price per Ton Total Tonnage Expense (amount bid) Tonnage bas on Bid B $' Total ogP►Reve - Total T e Expense (B) = To ent t h y _ �. Q�Qo QQ o�a Bid 21-47 Appendix B Bid Response - Rogers Iron & Metal -9 Request for Taxpayer Give Form to the Form Identification Number and Certification requester. Do not (Rev. November 2017) Department m Inteal of the Treasury Revenue Service I> Go to www.frs.gov/FormW9 for instructions and the latest information. send to the IRS. t Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. YAFFE IRON & METAL CO.,INC. (CONSOLIDATED FILING) 2 Business name/disregarded entity name, if different from above ROGERS IRON & METAL CORP t7 01 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to m following seven boxes. certain entities, not individuals; see n p ❑ Individual/sole proprietor or ElC Corporation 2 S Corporation ElPartnership ❑ Trust/estate instructions on page 3): single -member LLC Exempt payee code (if any) 5 ti 2 « U ❑ Limited liability company, Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► p Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting H LLC If the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that d o G is disregarded from the owner should check the appropriate box for the tax classification of its owner. o m ❑ Other (sea instructions) ► lAnn':asro•nowrs mamramm o„rveeiro us.t N 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) m 730 N ARKANSAS m 6 City, state, and ZIP code ROGERS, AR 72757 7 List account numbers) here (optional) JUM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given online 1 to avoid social security number backup withholding. For individuals, this is generally your social security number (SSN. However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - m - entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 7 3 - 0 7 2 3 1 3 6 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a)1 am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. ,tgn Signature of Here I U.S. person► Np� Date ► 'j _ :1-3 —\$ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments, For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.frs.gov1FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number ([TIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-8 (Rev. 11-2017) CITY 4F City of Fayetteville, Arkansas Purchasing Division — Room 306 FAYETTEVILLE 113 W. Mountain Fayetteville, AR 72701 A R K A N S A S Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 21-47, Scrap Metal Removal & Recycling DEADLINE: Thursday, May 13, 2021 before 2:00 PM, Local Time DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Adonis Bwashi, abwashi@fayetteville-ar.p.- DATE OF ISSUE AND ADVERTISEMENT: Sunday, April 25, 2021 INVITATION TO BID Bid 21-47, Scrap Metal Removal & Recycling No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party bidding platform, Bonfire, or, (2) mailed and received ad the address in the invitation to bidders prior to the deadline or (3) delivering in person via sealed envelope by appointment only. Submitting through the City's electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Rose(-3 T(-Or CAJ i\e,b!,1 Contact Person: (Y1u 4L MW. (ky Title: I SS;Sfu A �' AA4 n E-Mail: LLya yA'F Fe,C.O. ne;t Phone: Business Address: _7c�d oc+�\ City Signe City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 1 of 15 Zip: Da - Date: T City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 21-47, Scrap Metal Removal & Recycling The City is seeking bids from qualified vendors for the removal and recycling of scrap metal. The estimated tonnage for this bid is approximately 210 tons per year and has renewable one-year term for a total possible contract time of five years. Any questions concerning the bidding process should be addressed to Adonis Bwashi, City of Fayetteville Purchasing Agent, at abwashi@tayetteville-ar.g( or by calling (479)575-8258. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at ,vww.1dyettev1lle-d1.90v/bids. All bids shall be received by Thursday, May 13, 2021 before 2:00 PM, Local Time utilizing the City's electronic bidding software. All bids are due before the time stated. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at .Ni VV. YL)LiLui i 11, u,uiikILYU!io �ihu,41. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. An appointment is required to submit a sealed bid in person. Bids will also be acceptable for consideration if received at the location below before the deadline: City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayetteville By: Adonis Bwashi, Purchasing Agent P:479.575.8258 .)wds,mcc tayettevide-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 04/25/2021 City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 2 of 15 City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling Bid Form Bid pricing shall be based on the prices listed in the 7`h effective issue of the month of the American Metal Market under shredded auto scrap using the Arkansas -Tennessee Border consumer buying price LESS cost for collecting and processing of material. Refer to electronic platform to complete Bid Form (bid pricing and total base bid) This project includes removal, recycling and payment for scrap metal items collected through multiple city collection and operations facilities. ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature on the products being bid. The City reserves the right to award this bid based on the City's best interest at the time of service order. THIS BID FORM CONTINUES ON THE NEXT PAGE... City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 3 of 15 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 9. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 4 of 15 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: u Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name oy rr CDr\ ' .'J 0az41 *BUSINESS ADDRESS: -41 CciV-,VA-S SI Cej *CITY: R 5ers *STATE: *ZIP: *PHONE: 0 I— G� -"VOb FAX: *E-MAIL: hY\YY1 1k *BY: (PRINTED NAME) 1 , r4 ++ lYVIVI I(y *AUTHORIZED SIGNATURE: *TITLE DUNS NUMBER: *TAX ID NUMBER: f 1- Mo q -1 "19 Acknowledge Addendums: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: CAGE NUMBER: Acknowledged by: Acknowledged by: Acknowledged by: Acknowledged by: ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION" FORM N A COMPLETED FORMAT CAN RESULT IN BID REJECTION. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 5 of 15 City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at ww.tdyetteville-dr. ov bias. All bids shall be received by Thursday, May 13, 2021 before 2:00 PM, Local Time utilizing the electronic bidding software. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at ntlp�,./iwww.yuutuou.wiIII u!�ei/LiLyUhayeueviLle No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documents prk to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVIC Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 6 of 15 size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Adonis Bwashi, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8258 to insure receipt of their submittal documents City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 7 of 15 prior to opening time and date listed. 9. LOCAL STATE AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT FOIA AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 8 of 15 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 9 of 15 19. ASSIGNMENT SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 10 of 15 Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshall not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Adonis Bwashi immediately via telephone (479.575.8258) or e-mail (abwashi@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Adonis Bwashi, City of Fayetteville, Purchasing Agent via e-mail (.j_hwashi fa etteville-ar. o�) or telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 11 of 15 any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 12 of 15 City of Fayetteville Bid 21-47, Scrap Metal Removal & Recycling Technical Specification ALL BIDDERS SHALL READ THIS "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. BIDDING REQUIREMENTS: PHIS _ , ION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a. ), bidder shall write a "check mark" or write "yes" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the listed specification and can result in bidder DISQUALIFICATION. Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met or not. GENERAL: 1.1 All unit(s) bid shall meet or exceed the minimum requirements or they will be deemed incomplete and will not be considered for bid award. 1.2 All specifications written are to minimums unless otherwise noted. 1.3 Bidder shall provide proof of insurance as required by the City of Fayetteville. Insurance shall include Worker's Compensation, $1,000,000 minimum General Liability, and automobile insurance. Certificate of Insurance shall list the City as an additional insured. 1.4 Bidder shall pay the City within 30 calendar days from the date of pickup. 1.5 Pickup of scrap materials shall be based on an on -call basis upon City observation of container approaching maximum capacity. Awarded bidder shall pick up container, replacing existing container with empty container within five (5) business days of City requested pick up. 1.6 The bid shall be in effect for a period of one (1) year beginning on date of approval or signed resolution from the Fayetteville City Council or Mayor's Signature. The City reserves the right to extend the award of this bid automatically by mutual agreement for a period of four (4) additional, one (1) year periods automatically unless either the Contractor or the City notifies the other of its intent to terminate the contract at the end of the contract period. 2. REMOVAL & RECYCLING SPECIFICATIONS: 2.1 The bid shall include the removal, recycling, and payment to the City for scrap metal items collected through numerous city collections and city operations. Peak pick up load tonnage in the past has totaled 25.87 tons. City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 13 of 15 2.2 Removal of materials shall be made at the following locations: a. Fayetteville Compost Facility, 1708 Armstrong Ave, Fayetteville, AR b. Lot adjacent to the Recycling and Trash Collection Division located at 1560 S. Happy Hollow Rd, Fayetteville, AR. 2.3 Price for the month of pick up will be based on the monthly published price listed in the seventh effective issue of the month of the American Metal Market, under shredded auto scrap using the Arkansas -Tennessee Border Consumer Buying Price. The pick-up date shall govern as it directly relates to the published index for the same day. See sample calculation chart below. 2.4 All prices are based FOB from the Recycling and Trash Collection Facility. 2.5 Bid pricing shall include but is not limited to the inclusive cost of all expenses of collecting the material, overhead, insurance, and any expense incurred from collection and processing of the material. a. Price paid to the City shall be calculated by taking the index as described above and subtracting the cost per ton presented in this bid. 2.6 All necessary equipment shall be furnished and spotted at the two locations listed previously and pulled and replaced with empty equipment as loaded. 2.7 All materials shall be weighed on certified truck scales and bidder shall provide two (2) copies of each scale ticket or provide a scanned copy of each scale to the City upon payment. 2.8 Pursuant to the City of Fayetteville Resolution # 19-11, bidder shall provide final destination information and use of material in final products to the City upon payment to the City. 2.9 The City agrees to maintain a diligent effort to keep all trash and or hazardous substances out of scrap containers. 3. PICK UP OF MATERIAL AND PAYMENT 3.1 Pick up of materials and payments to the City shall adhere to the following guidelines: a. Payment shall be made within 30 calendar days from the date material was picked up from the City of Fayetteville b. Index price per ton shall be governed by the price as most recently published based off of the date material is picked up from the City. Payment to the City shall be accompanied by the following information: • Date of requested pick up from City • Date material was picked up by the City • Price per ton bid amount, as bid from the response to this document City of Fayetteville, AR Bid 21-47, Scrap Metal Removal & Recycling Page 14 of 15 °"Yaffe 17 '.) 11 ; t' I I' a . ! 11; '! ! RS r 1! 1 ! ! '�i '!; 1 " + " ' I : {'!SH' t SA 7 WWW. YAFFEC O. NET FOR YOUR NEAREST L(X'AT1 >'. July 9, 2020 To Whom It May Concern: Our Rogers, AR location, Rogers Iron & Metal Corporation is pleased to provide scrap metal pricing for The City of Fayetteville. All quotes include containers, freight, handling, processing and profit. the American Metal Market will be used as the basis for pricing. Should you have any questions, please contact Matt McNally at (479)- 636-2666. Maintenance/Mixed Metal • No. 2 Bundles, less $200, Chicago, 1 oth Issue of the Month Example: Nlay 10, 202I, $ 330 less $200 = $13016rws Ion which equals $116.07/Net Ton Sincerely, Matt McNally Assistant Manager Rogers Iron & Metal Co. Office: (479) 636-2666 MMcNally@yaffeco.net Item Number Item Descriptioi ESTIMATED ANI *PRICE per Gross Tonto Substract from index for City Payment) No Basket (1) 1 #0-1 Price Per Gross Ton 1 210 200 5/13/2021 Proposal Data Back to Project Bid 21-47, Scrap Metal Removal and Recycling - Proposal Data Supplier Rogers Iron & Metal Scorecard Open... r� Arkansas Secretary of State Filling # Show/Hide + Search DUN! https://fayettevil le-ar. bonfirehu b. com/projects/43041 /proposal Data 1 /1 Bid 21-47, Appendix C iCITY aF PATETTEVI LLE ARKAN&AN BID TABULATION BID 21-47, SCRAP METAL REMOVAL AND RECYCLING DEADLINE: Thursday, May 05, 2021 before 2:00 PM, Local Time TOTAL PAYMENT ROGERS IRON & METAL $42,000.00 I I ESTIMATED Annual Gross I *PRICE per Gross Ton to Substract I *TOTAL Annual Expense Item # Item Description Based On Estimated Tons from index for City Payment Tonnage Price Per Gross Ton for removal of scrap metal #0-1 including all fees, materials, transportation 210 costs, insurance, etc. $200 Bid award is contigent upon vendor meeting minimum specifications and formal authorization by City $42,000.00 Bid 21-47, Appendix C CITY OF FAYETTEVILLE ARKANSAS Bid 21-47, Scrap Metal Removal and Recycling Project Overview Project Details Reference ID Bid 21-47, Scrap Metal Removal and Recycling Project Name Bid 21-47, Scrap Metal Removal and Recycling Project Owner Andrea Foren Project Type IFB Department Purchasing The City is seeking bids from qualified bidders for the removal and recycling of scrap metal. The estimated tonnage for this bid is approximately 210 tons per year and has renewable one-year term for a Project Description total possible contract time of five years. Any questions concerning the bidding process should be addressed to Adonis Bwashi, City of Fayetteville Purchasing Agent, at abwashi@fayetteville-ar.gov or by calling (479)575-8258. Open Date Apr 25, 2021 12:00 AM CDT Close Date May 13, 2021 2:00 PM CDT Highest Scoring Supplier Score Rogers Iron & Metal 100 pts Bid 21-47, Appendix C CITY OF EVILLE A..A.. ARKANSAS Seal status Requested Information Bid Document - (Completed & Signed) W-9 Form Arkansas Secretary of State Filling # DUNS: Bid Tab 21-47, Scrap Metal Removal & Recycling (BT- 36BW) Conflict of Interest Unsealed on May 13, 2021 2:01 PM CDT May 13, 2021 2:01 PM CDT May 13, 2021 2:01 PM CDT May 13, 2021 2:01 PM CDT May 13, 2021 2:01 PM CDT Unsealed by Adonis Bwashi Adonis Bwashi Adonis Bwashi Adonis Bwashi Adonis Bwashi # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Adonis Bwashi May 13, 2021 2:02 PM CDT No Bid 21-47, Appendix C CITY OF 4WFAYETTEVILLE ARKANSAS Submissions Supplier Date Submitted Name Email Confirmation Code Rogers Iron & Metal Matt McNally mmcnally@yaffeco.net May 12, 2.37 PM MTQwODEz CDT Project Criteria Criteria Points I Description Total Base Bid 1 100 pts I Highest price offered per Gross Ton to Subtract from Index for City Payment 21-47, Technical Specifications I Pass/Fail I Does the bid meet all minimum specifications? Total 1 100 pts Bid 21-47, Appendix C ARKANSAS LLE ARKSAS Scoring Summary Active Submissions Total Total Base Bid Supplier 1100 pts / 100 pts Rogers Iron & Metal 100 pts 100 pts ($42,000.00) 21-47, Technical Specifications Pass/Fail Pass Bid 21-47, Appendix C CITY OF 9�-..A.. EVILLE RKAAS Signatures Name Andrea Foren (Project Owner) Adonis Bwashi (Evaluator) Signatures Digitally signed by Andrea Andrea Foren Doren D ate: 2021.06.22 15:19:16 -05'00' Digitally signed by Adonis Bwashi O I cn=Adonis Bwashi, em email=abwashi@fayetteville-ar.gov, c=US Date: 2021.05.13 17:02:30-05'00'