APPENDIX A STATEMENT OF WORK SCRAP RUBBER/TIRE REMOVAL AND RECYCLING SERVICES 1. CONTRACT SCOPE/OVERVIEW: This Contract (identified here and in the other documents as the Contract ) will cover the requirements of scrap rubber/tire removal and recycling services for Commonwealth agencies. 2. BACKGROUND: Act 111, signed into law on July 10, 2002, amends Act 190 of 1996, the Waste Tire Recycling Act. It contains provisions for the establishment of a Waste Tire Hauler Program (WTHP). The WTHP requires owners of waste transportation vehicles that transport tires to a processing or disposal facility in the Commonwealth, to obtain written authorization from the Department of Environmental Protection (DEP). Act 190 prohibits municipal or residual processing or disposal facilities from accepting waste tires from haulers that do not have a valid authorization. It also provides DEP with the authority to deny or revoke waste tire hauler authorizations and establishes fees 3. SCOPE OF SERVICES: The selected Contractor agrees to remove and recycle all scrap rubber/tires generated at the Commonwealth agency s designated locations as described in Appendix B Department of Transportation (DOT) District Map and Appendix D Pennsylvania State Police (PSP) Troop locations. The Contractor will be expected to provide roll-off containers or other enclosures to requesting agencies. Containers will include, but may not be limited to, the following sizes a. 28 foot semi-truck trailer Enclosed rectangular trailer - pup trailer. b. 45 foot semi-truck trailer Standard enclosed rectangular trailer. c. 48 foot open top container Container that is only be used for live load. This trailer is for load onsite services, not for rental purposes as it is unable to be left at a facility. Commonwealth agencies may, at their discretion, transport the scrap rubber/tires directly to a Contractor s processing facility ( Loose Tires Delivered by Agency Service Option). Bidder will assume responsibility of the tires once the agency s personnel have arrived at the processing facility, but before the tires have been unloaded from the transporting equipment. Using agencies may contact any Contractor(s) listed for the District where the services are to be provided or where the agency will transport the scrap rubber/tires. Using agencies will provide the Contractor(s) with their requirements indicating the estimated amount of scrap rubber/tires to be removed, frequency of removal (as-needed) and location by submitting a purchase order to the Contractor. Page 1 of 5
The Contractor shall be required to establish separate billing accounts for each location. For each pick-up of scrap rubber and tires, the Contractor will be required to provide a signed, certified weight ticket with their invoice. They will also be required to provide a copy of the weight ticket to the using agency for service verification. No subcontracting is permitted without the consent of the Commonwealth. 4. SERVICE OPTIONS: Commonwealth agencies may choose the type of service necessary to cover the requirements specific to the agency s needs. a. Container Pick Up Contractor shall supply various size containers to meet the needs of the requesting agency. Contractor shall remove the container when requested by the agency. Container Pick-Up Service may include the following charges. 1. Transportation a. The charge to have the scrap container delivered to a Commonwealth of Pennsylvania entity. b. The charge to have a full container picked up and transported to a recycling facility with an empty container let at the Commonwealth agency. c. The charge to have a full container picked up and transported to a recycling facility. 2. Rental a. The monthly rental fee for each container used by the Commonwealth entity. b. The rental fees may be prorated. c. There is no minimum monthly rental fee. 3. Container Disposal of Contents a. The charge associated with the processing, recycling and disposition of scrap rubber and tires. b. Disposal services are based on a net weight per ton. b. Loose Tire Pick Up Contractor shall remove loose tires which are not in a container at the agency s location. c. Loose Tires Delivered by Agency Commonwealth agency shall transport/deliver scrap rubber and tires to the Contractor s processing facility utilizing the agency s own personnel and equipment. 5. DEFINITIONS: a. Energy Recovery The use of whole or processed waste tires to supplement the combustion of fossil fuels or the combustion of whole or processed waste tires in a resource recovery facility. b. Waste Tire Page 2 of 5
A tire that will no longer be used for the purpose for which is was originally intended. The term includes a tire that has been discarded by an owner or user even though the tire may have some remaining useful life. c. Scrap Tire A tire, or any part of a tire, that is no longer suitable for its original intended purpose. d. Oversized Scrap Tire Any tire that is taller than forty-eight inches (48 ) and/or wider than fourteen inches (14 ). e. Scrap Rubber Rubber mud flaps, pieces of tires, tire tread, etc. f. Loose Tire A tire that is not in a container and is no longer suitable for its original intended purpose. g. Waste Tire Hauler Any person that transports whole used or waste tires in the state for business related purposes. This term does not include persons who haul their own waste tires for routine tire replacement. 6. CONTRACT TERM: This contract shall begin on the effective date to be no earlier than July 1, 2017, and will expire June 30, 2020, excluding any renewals in accordance with Section V.3 of the Terms and Conditions. 7. GEOGRAPHIC COVERAGE: This contract is not limited to the Commonwealth locations listed in Appendix B and Appendix D. The Contractor s awarded price as submitted in Appendix C and Appendix E shall apply to any additional locations in each respective area. 8. CONTRACTOR PICK-UP PROVISIONS: The Contractor will schedule a pick-up/removal as soon as possible once notification is received that a trailer (container) or quantity of loose tires is available for pick-up. The Contractor, utilizing their own resources, or an approved Subcontract, agrees to perform the service within fifteen (15) business days of notification. The Contractor will immediately advise the Contracting Officer should any delays occur in the pick-up/removal process. The Contractor will transport the loaded container directly from the agency location to the Contractor s processing facility. Scrap rubber must be processed within seven (7) days after receipt from Commonwealth agencies. Shipments to scrap rubber and tire processing facilities, which are based in Pennsylvania, must be weighed by a licensed Public Weigh Master and accompanied by a Weigh Master s certificate. The scale must be approved by the Pennsylvania Department of Agriculture, Bureau of Ride and Measurement Standards, Weights & Measures Division, or tested and approved by a Scale Repair Service. Shipments to scrap rubber/tire processing facilities based outside of Pennsylvania must be certified and licensed by their respective state agency. The Commonwealth of Pennsylvania reserves the right to have any shipment weighed at an independent weighing station. All costs for verification of weight will be the responsibility of the Contractor. Page 3 of 5
9. ELIGIBILITY REQUIREMENTS: To be eligible for this Contract, the Contractor must have, or must obtain, Waste Tire Transporter Authorization from the Commonwealth of Pennsylvania, Department of Environmental Protection, Bureau of Waste Management. Contractor s current Waste Tire Transporter ID number must be submitted with the bid, or must be made available upon request before the start of this contract. Refer to www.dep.state.pa.us, keyword Permits, for more information on obtaining this permit. In addition, scrap rubber/tires may only be processed by a licensed/permitted Waste Tire Processor. A Waste Tire Processor license/permit may be obtained from the Environmental Protection Agency (EPA), the Commonwealth of Pennsylvania s Department of Environmental Protection (DEP), or from the state of the Contractors residency. Waste Tire Processors do not need to be the same company as the Waste Tire Transporter. Contractor guarantees that under no circumstances will the scrap rubber/tires obtained from the Commonwealth of Pennsylvania be subject to landfill disposal or incineration (except as tire derived fuel chips as a supplement to fuel). Prior to Contract award, the Commonwealth of Pennsylvania reserves the right to inspect the Contractor s processing facilities and operations to determine Contractor qualifications. 10. BID REQUIREMENTS AND EVALUATION: Bidders must provide a completed DOT Bid Item Sheet (Appendix C) and a completed PSP Bid Item Sheet (Appendix E) to include the Bidder s pricing. A definition of the service fees is located on the second tab of each of these bid sheets. Bidders are not required to bid on all DOT Districts or PSP Troops listed, nor are Bidders required to provide pricing for all services. However, Bidders must provide service to all Commonwealth agencies located within all counties shown in each DOT District. Note: Appendix E, PSP Bid Item Sheet, was created for separate pricing due to unique PSP operations which result in higher quality scrap tires. Bidders shall include the cost of all supplies and services required in the performance of the contract in the bidder s proposal. The Department of General Services (DGS) will determine bidder responsiveness based upon the bidder s compliance with this Invitation for Bid (IFB). DGS will conduct its bid evaluation based upon, and award the contract to, the bidder(s) whose proposal provides the best value to the Commonwealth. 11. MINIMUM ORDER Small usage facilities under the Governor s jurisdiction that generate less than 101 tires in any twelve (12) month period are exempt from this Contract. However, those agencies must dispose of their scrap rubber and tires in accordance with the DEP regulations and the Commonwealth s Waste Tire Recycling Act 190 as amended by Act 111 of 2002. 12. SPILL AND RELEASE RESPONSIBILITIES: Although not anticipated due to the nature of scrap aluminum, the Contractor is solely responsible for any and all spills, leaks or releases, which occur as a result of or are contributed to by the actions of its agents, employees, or sub-contractors (if applicable). In the event of a spill, leak, or release, the awarded Contractor agrees to take the following actions: a. Evacuate and warn those persons that may be affected by the spill. Page 4 of 5
b. Clean up the spill in a manner which complies with local, state and federal laws, regulations and standards. c. For spills which occur on property other than property owned or leased by the Commonwealth or government municipality or contract user, provide all notifications and reports as specified by local, state and federal laws, regulations and standards. b. For spills which occur on property owned or operated by the Commonwealth, government municipality or contract user, notify the appropriate Incident Commander. 13. IRAN FREE PROCUREMENT CERTIFICATION AND DISCLOSURE: Prior to entering a contract worth at least $1,000,000 or more with a Commonwealth entity, a bidder must: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the Pennsylvania Department of General Services ( DGS ) pursuant to Section 3503 of the Procurement Code and is eligible to contract with the Commonwealth under Sections 3501-3506 of the Procurement Code; or b) demonstrate it has received an exception from the certification requirement for that solicitation or contract pursuant to Section 3503(e). All bidders must complete and return the Iran Free Procurement Certification form, Appendix F, which is attached hereto and made part of this IFB. The completed and signed Iran Free Procurement Certification form must be submitted with the Bid Response. 14. CONTRACT REPORTING: Contractor shall be required to maintain and furnish quarterly reports in MS Excel format. These quarterly reports must contain, at least, the following: weight amount received price date of report creation A copy of the report (either aggregated or not) shall be sent electronically to Jennifer Eberly, jeberly@pa.gov or mailed to: Department of General Services Bureau of Procurement Jennifer Eberly, Commodity Specialist Forum Place, 6 th Floor 555 Walnut Street Harrisburg, PA 17101 Page 5 of 5