5--1- Instructions to Bidders- FAC133003 ECC Server Room HVAC.pdf

Version 1-17-2024

TABLE OF CONTENTS

SECTIONS 1-4

SECTION 1 – INSTRUCTIONS TO BIDDERS

1.0 General Information

2.0 Deadline for Bid Submission

3.0 Questions

4.0 Site Visit

5.0 Time for Completion

6.0 Prior Approval of Brands

7.0 Preparation of Bid and Forms Required

8.0 Rules Governing Bid

9.0 License Requirements

10.0 Documents Which Become Part of the Contract

11.0 Environmental Compliance Practices

12.0 County Standards

SECTION 2 – DOCUMENTS

1.0 Offer and Cover Summary

2.0 Unit Price Schedule (If applicable, due within 24 hr. of request)

3.0 Schedule of Values

4.0 Bid Bond

5.0 Sub-contractors list (due within 24 hours of request)

6.0 Performance Bond (Required upon award)

7.0 Payment Bond (Required upon award)

Exhibit A - Minimum Standards for Responsiveness (If applicable)

SECTION 3 – CONSTRUCTION AGREEMENT

1.0 Scope Of Services

2.0 Time Of Completion

3.0 Liquidated Damages

4.0 Consideration

5.0 Acceptance and Final Payment

SECTION 4 – GENERAL CONDITIONS

1.0 Definitions

2.0 County Representative

3.0 Site Investigation, Representations, and Photographic Survey

4.0 Interpretation of Specifications and Drawings

5.0 Materials and Workmanship

6.0 Delivery of Materials

Version 1-17-2024

7.0 Other Contracts

8.0 Royalties and Patents

9.0 Labor Regulations and Requirements

10.0 Excusable Delay

11.0 Possession Prior to Completion

12.0 County-Furnished Property

13.0 Schedule Report

14.0 Prosecution of Work

15.0 Changed Conditions

16.0 Notice of Labor Disputes

17.0 Certification

18.0 Changes In The Work

19.0 Payments

20.0 Acceptance for Payment

21.0 Inspection

22.0 Testing of Assembly and Fabricated Systems

23.0 Warrant

24.0 Protection of Property; Indemnification of County

25.0 Operation and Storage Areas

26.0 Liability of Contractor

27.0 Insurance

28.0 Bonds

29.0 Termination for Default

30.0 Termination for Convenience

31.0 County Employees Not To Share

32.0 County Employees Not To Participate

33.0 Subcontractors Bound

34.0 Assignment of Contracts

35.0 Pre-Construction Conference

36.0 Permits and Fees

37.0 Work Under Other Contracts

38.0 Work Sequence

39.0 Schedule of Values/List of Subcontractors

40.0 Contractor Supervision

41.0 Weather Delays

42.0 Dispute Resolution

43.0 Employee Status Verification System

44.0 Notice to Retirees of Utah Retirement System (“URS”)

45.0 Severability

46.0 Apprenticeship Utilization Program

47.0 Construction Procurement Minimum Standards

Updated 3-6-2023

Bid # FAC133003

SECTION 1 - INSTRUCTIONS TO BIDDERS

1.0 GENERAL INFORMATION

48.0 1.1 Salt Lake County Contracts and Procurement, on behalf of Facilities Management invites your company to bid on project FAC133003 ECC Server Room HVAC located at Emergency Coordination Center, 3380 South 900 West, South Salt Lake, UT 84119

1.2 A general description of the labor and material to be furnished is described in the attached specifications.

1.3 All bidders shall comply with the following:

(a) These Instruction to Bidders and all forms mentioned therein

(b) The Example Agreement

(c) General Conditions – Version: 3.31.23

(d) Plans and Specifications

(e) Design and Construction Standards and Procedures (version Aug 2017) https://slco.org/globalassets/1-site-files/facilities/slcodesignconstrstdproc.pdf

(f) Such other provisions, representations, certifications, and specifications as are attached hereto or incorporated in any of the documents identified above.

2.0 DEADLINE FOR BID SUBMISSION

2.1 Bids are to be submitted through the Online Solicitation System by the date and time posted. No responses will be accepted after that date and time.

2.2 All costs associated with the preparation of the bid, as well as any other related materials, will be borne by the bidder. All bids become the property of Salt Lake County.

Salt Lake County reserves the right to stop the selection process at any time if it is considered to be in the best interest of the County. Salt Lake County also reserves the right to reject any or all bids submitted.

3.0 QUESTIONS

3.1 Any explanation desired by a Bidder regarding the meaning or interpretation of the Project documents shall be submitted through the Online Solicitation System at https://utah.bonfirehub.com/opportunities/ prior to the question date and time deadline specified. Answers to the questions will be posted in the Online Solicitation System for public to view. If a question/answer changes the solicitation document, the change will be released in an amendment. Do NOT contact the Architect, Project Manager, Agency, Division, Department, or other County officers or employees for information.

4.0 SITE VISIT

4.1 A site visit will be held at date and time specified in the Online Solicitation System.

The location will be Emergency Coordination Center, 3380 South 900 West, South Salt https://slco.org/globalassets/1-site-files/facilities/slcodesignconstrstdproc.pdf https://utah.bonfirehub.com/opportunities/

Lake, UT 84119. Attendance is optional, and it shall be the sole responsibility of the bidder to attend this conference. Bidders not attending do so at their own risk. The written questions submitted, along with any other additional information pertaining to the clarification of specifications, will be discussed in detail at this conference. Bidders shall thoroughly familiarize themselves with this solicitation document including specifications prior to attending the conference. Verbal statements or information given at a site visit is not binding on the bidder or the County unless released in a bid amendment.

5.0 TIME OF COMPLETION

5.1 Upon receipt of a fully executed contract and other required documentation, an official Notice to Proceed (NTP) will be issued.

(a) The Contractor will have 300 calendar days to complete the project

(b) The Contractor will conduct a punch list walk with the County no later than 15 calendar days prior to the expiration of the Contract Time

(c) There will be a $1,000.00 charge per calendar day for liquidated damages

6.0 PRIOR APPROVAL of BRANDS

6.1 Where possible, three or more acceptable brands of equipment, manufactured articles or methods of construction have been identified in the contract documents in order to establish a standard and allow competition. The intent of this process is not to exclude the use of other brands, articles or methods that may be acceptable and deserving consideration.

However, only explicitly specified or items approved before the bid opening are acceptable to County. To be considered for a prior approval the bidder must submit the following:

6.1.1 Submit the prior approval request as a question in the online bid notification system for the applicable project prior to the deadline for prior approvals.

6.1.2 Submit fully detailed technical data, a statement of variances, samples, installation methods, test reports and certification, references and all other supporting documentation as may be requested to the Architect.

6.1.3 Prove to the Architect that items held up as equal to or superior to specified items meet project specification design and intent. Obtaining prior approval does not relieve Contractor from meeting the project specifications.

6.1.4 Request for prior approval of brands, articles and methods not explicitly specified may be submitted up to and including the tenth calendar day preceding the day bids are scheduled to be opened to allow time for review and evaluation. Such requests shall be evaluated as time allows and, if approved, shall be included in an amendment under the heading "Prior Approvals." Prior Approval must occur prior to the deadline established for the last amendment issued by the County. Architect’s failure to approve by such time shall be deemed a denial of the request.

7.0 PREPARATION OF BID and FORMS REQUIRED

7.1 The base bid dollar amount and any alternatives must be entered into the Online Solicitation System.

7.2 The following documents must be attached to your bid in the Online Solicitation System. Failure to use and include said forms may render bids non-responsive.

7.2.1 Document 1 - Offer and Cover Summary

Document 3 – Schedule of Values

Document 4 - Bid Bond Exhibit A - Minimum Standards for Responsiveness (if used)

7.3 During the evaluation period, the following completed form(s) shall be emailed to County upon request and within 24 hr.

7.3.1 Document 2 – Unit Price Schedule (if applicable)

7.3.2 Document 5 - Sub-contractors list

7.4 Each bid must be accompanied by bid security bond, issued by a surety authorized to do business in Utah, on the American Institute of Architects (AIA) form A310-2010. Penal sum of the bond shall be 5% of the amount bid for the work of the Project. Failure to include bid bond as security for acceptance of offer shall render a bid non-responsive. Bidder agrees that said amount shall be forfeited to County as liquidated damages if Bidder shall fail to execute a contract and furnish the required payment and performance bonds within ten days after Contracts and Procurement notifies the General Contractor. The project will then be offered to the next bidder in line.

7.5 If the bid is submitted by a joint venture, the bid must be signed by an authorized representative of each joint venture. When a bid will be submitted by a joint venture, the proposed joint venture must be pre-approved by Salt Lake County. A letter requesting permission to bid as a joint venture must be submitted to Salt Lake County at least two (2) working days prior to bid opening. The letter shall be signed by an authorized representative of each joint venture designating one of the joint venturers as a contact. Permission to submit a bid as a joint venture must be issued prior to bid opening in order for any bid from a joint venture to be considered by Salt Lake County. The performance bond and payment bond will name the joint venture AND each of the joint venturers.

7.6 Bidders are advised that sales tax is a part of bidder’s responsibility and should be taken into account while preparing their bids. The fact that the County is a governmental entity does not exempt contractors from sales tax upon the project which is the subject of this request for bids.

8.0 RULES GOVERNING BID

8.1 Bidders are advised that they must inform themselves of the character of work to be performed under this contract. Each bidder shall visit the site of the proposed work and fully acquaint him/herself with the conditions relating to the construction and labor so that he may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the Agreement. Bidders shall thoroughly examine and be familiar with the contract terms, plans and the specifications. The failure or omission of any bidder to receive or examine any form, instrument, amendment or other document or to visit the site and acquaint him/herself with the conditions there existing shall in no way relieve any bidder from the obligations with respect to his/her bid or to the Agreement. The submission of a bid shall be taken as prima facie evidence of compliance with this section.

8.2 Changes in or additions to the bid form, recapitulations of the work bid upon, alternative bids, or any other modification of the bid form which is not specifically called for in the Project documents may result in the County’s rejection of the bid as not being responsive.

8.3 The County reserves the right to reject all bids, any non-responsive bid, and to waive any minor informality in any bid received.

8.4 The Contract will be awarded as soon as possible to the lowest, responsive and responsible bidder, based on the lowest combination of base bid and prioritized alternates up to the construction budget amount, provided the bid is reasonable and in the best interests of the County to accept. Alternates will be accepted on a prioritized basis with Alternate 1 being highest priority, Alternate 2 having second priority, etc. The County may designate alternates as additions to or deductions from the base bid. Please note: the bidding software used by the County only shows alternates as an addition to the base bid, even those designated as a deduct by the County. Where the County designates an alternate as a deduct, despite the deduct alternate being added to the base bid by the bidding software, the County in its review of the bids will reduce the base bids by the bid alternate noted as a deduct.

8.5 Assignment of a fully executed contract, or of interests in said contract, are prohibited.

8.6 If a bidder fails or refuses to execute said contract as herein provided, or to conform to any of the stipulated requirements in connection therewith, liquidated damages in the form of the bid bond shall be paid to Salt Lake County. The County will assume ownership of the bid bond and will exercise its right to the penal sum of a bid bond written upon a surety. The award will be annulled, and at the discretion of the County, an award may be made to another bidder. The bid bond of a bidder to whom a contract has been awarded will be returned to said bidder after all the acts, for the performance of which said bid bond is required, have been fully performed by the successful bidder. The bid bonds will be held until the contract is finally executed or all bids are rejected.

8.7 Bids shall remain valid for 60 calendar days after bid opening. Intent to award will be posted in the County’s online solicitation system within 60 calendar days after bid opening. A bid which shortens this time will be rejected as non-responsive.

8.8 Reasonable accommodations (including auxiliary communicative aids and services) for individuals with disabilities may be provided upon receipt of a request within three working days notice. For assistance, please call 385-468-0300.

8.9 Conflict of Interest: If applicable, disclosures must be made as required by the Utah Public Officers’ and Employees’ Ethics Act, Utah Code Ann. §§ 67-16-1 to -14; the County Officers and Employees Disclosure Act, Utah Code Ann. §§ 17-16a-1 to -12; and Salt Lake County Code of Ord. §§ 2.80.100 and 3.16.110. If required disclosures are not included in bid documents, County shall have the right to reject the bid as non-responsive; or, if an award of contract is made to a bidder who failed to make disclosures as required by said laws, County shall have the right to cancel said contract without recourse by the bidder who failed to make the required disclosures.

8.10 Salt Lake County campaign finance disclosure ordinance limits campaign contributions by Proposers to County candidates. Salt Lake County Code of Ordinances § 2.72A. Proposer acknowledges and understands those limitations on campaign contributions mean that any person, business, corporation or other entity that enters into a contract or is engaged in a contract with County is prohibited from making campaign contributions in excess of $100 to County candidates during the term of the contract and during a single election cycle as defined in the ordinance. Proposer further acknowledges that violation of those provisions governing campaign contributions may result in criminal sanctions as well as termination of this Agreement.

8.11 Contractor and any agent of Contractor agree that they shall comply with all federal, state and county laws, rules and regulations governing discrimination and they shall not discriminate in the engagement or employment of any professional person or any other person qualified to perform the services required under this Agreement.

8.12 Any agreement or collusion among Contractors to fix a price or limit competition shall render the proposal void. Such conduct is unlawful and subject to criminal sanction. Each Proposer shall certify that no one in its firm or company has either directly or indirectly restrained free and competitive selection, participated in any collusion, or otherwise taken any action unauthorized by County Purchasing Ordinances or applicable law.

9.0 LICENSE REQUIREMENTS

9.1 All bidders shall be properly licensed by the Utah State Department of Commerce, Occupational and Professional License Division, to do the type of work specified by the plans and specifications for the Project for which bids are being sought by this Request for Bids in accordance with current Utah State Law. Upon County’s request, bidders shall present satisfactory evidence that they are fully prepared with the necessary finances, equipment, materials and personnel and that they have been regularly engaged in the type of work so specified, to the full satisfaction of the County. Bids received from those not qualified, at the time of bid opening, to submit bids under Utah law shall be rejected.

9.2 By submitting a bid pursuant to this Request for Bids, bidders shall be presumed to know the requirements for licensing for the work of the Project under Utah law, and by said submission expressly represents to County that said bidder is in compliance with all licensing requirements.

9.3 Bidders must hold, at a minimum, a B-100 license. All subcontractors must hold the proper license for the portion of the work of the Project they are performing, and at the request of the County, provide any and all information required to substantiate their proper licensure.

10.0 DOCUMENTS INCLUDED IN REQUEST FOR BIDS WHICH WILL BECOME A PART

OF THE CONTRACT

10.1 The following documents will be included as part of the contract between the successful bidder and the County: Modification of, or refusal to accept the Agreement, Bidding Schedule, and General Conditions will result in bid being rejected as non-responsive, or trigger forfeiture of the low, responsive bidder’s bid bond. Successful bidder must submit payment bond and performance bond on forms adopted by the American Institute of Architects (AIA).

(a) Agreement

(b) Bidding Schedule

(c) Performance Bond

(d) Payment Bond

(e) General Conditions

11.0 ENVIRONMENTAL COMPLIANCE PRACTICES

Vendor Compliance Statement and Non-Debarment Certification

11.1 Salt Lake County has implemented environmentally responsible procurement practices. The County requires all persons, businesses, corporations and other entities doing business or entering into a contract with the County to comply with all federal, state and local environmental laws, rules and regulations. Compliance with environmental laws, rules and regulations is a relevant factor in evaluating the integrity and responsibility of a business. The county, in its sole discretion, may not solicit proposals from, award contracts to, procure, or otherwise enter into business arrangements with any person, business, corporation or other organization that is noncompliant. If a vendor is suspended, proposed for debarment, debarred, ineligible or excluded from contracting with another government entity due to environmental non-compliance, the County in its sole discretion, may deem the vendor non-responsible and decline to award a contract.

11.2 Based on the foregoing, the vendor certifies, to the best of its knowledge, that neither the vendor nor any owner, officer or agent of the vendor:

11.2.1 is presently debarred, suspended, proposed for debarment, declared ineligible, or excluded from the award of a contract or purchase by any federal, state or local agency based on a finding, determination, notice of violation or order of environmental non-compliance;

11.2.2 is presently indicted or charged by a government entity in a criminal, civil or administrative proceeding with the commission of any offense, violation, or failure to comply with any federal, state, or local environmental law, rule or regulation, indicating a lack of business integrity or business honesty affecting its responsibility as a county vendor;

11.2.3 has, within the last three (3) years, been convicted, or had a civil judgment or administrative order rendered against it for any offense or violation, including but not limited to environmental noncompliance, indicating a lack of business integrity or business honesty affecting its responsibility as a county vendor;

11.2.4 has, within the last three (3) years, had a contract/purchase terminated due to an act or omission, including but not limited to environmental non-compliance, demonstrating a lack of business integrity or business honesty affecting its responsibility as a county vendor.

11.3 Vendor shall require any sub-vendor to disclose in writing, whether at the time of the award of the subcontract, the sub-vendor complies with the certification requirements in subparagraphs 11.2.1, 11.2.2, 11.2.3 and 11.2.4 above.

11.4 Vendor shall immediately notify the county in writing if, at any time before the award, the vendor learns that its certification was erroneous when submitted or has since become erroneous because of changed circumstances.

11.5 If it is later determined that vendor knowingly rendered an erroneous certification under this provision, in addition to other available remedies, the county in its sole discretion, may terminate the contract/purchase for default.

12. COUNTY STANDARDS

12.1 Apprenticeship Utilization

If this project exceeds $3,000,000.00, successful bidder must comply with Salt Lake County Ordinance section 3.26.

12.2 Construction Procurement Minimum Standards

If this project exceeds $3,000,000.00, successful bidder must comply with Salt Lake County Ordinance section 3.27.

SECTION 1 - INSTRUCTIONS TO BIDDERS