5-SLCI26017.pdf

Salt Lake City Corporation Request for Bid, RFB No. SLCI26017 Surface Treatment Chip and Slurry Aggregate Salt Lake City Public Services Department, Streets Division

I. REQUEST FOR BID (RFB) OVERVIEW

Issued by: Salt Lake City Corporation, Purchasing Division

Salt Lake City Corporation (the City), is soliciting competitive sealed bids from qualified contractors to provide certain surface treatment chip and slurry aggregate products.

The City’s procurement processes, including this competitive solicitation, are governed by Salt Lake City Code 3.24 and Salt Lake City Administrative Rules for Procurement 53-1A.

Issue Date: Date stated in Bonfire posting

Question Due Date: Date stated in Bonfire posting

Close Date: Date stated in Bonfire posting

Purpose of this Solicitation

The purpose of this RFB is to competitively select a bidder (“Bidder”) to enter into a contract with City to perform the “scope of work” (Attachment 2).

Award of a contract from this bid will be made to the lowest responsible and responsive Bidder. The City reserves the right to reject any or all bids submitted in response to this solicitation, to waive any informality or technicality, or to accept bids deemed to be in the best interest of the City.

The City requires both a chip seal and slurry seal aggregate material that is 100 percent crushed stone, slag, or other high-quality particle or combination. Both materials need to be clean and free from organic matter or other detrimental substances with properties in accordance with the 2017 APWA manual of Standard Specifications. Between the combination of the two materials the City buys approximately 2,500 tons annually.

Term

The contract resulting from this RFB will be for a term of five (5) years.

RFB Contents https://codelibrary.amlegal.com/codes/saltlakecityut/latest/saltlakecity_ut/0-0-0-44693 https://codelibrary.amlegal.com/codes/saltlakecityut/latest/saltlakecity_manual_ut/0-0-0-3321

RFB document (this document)

Attachment 1: Sample Agreement and Standard Terms and Conditions

Attachment 2: Scope of Work

Attachment 3: Cost Sheet

All bids submitted in response to this RFB MUST be submitted electronically through the Utah Public Procurement Place (Bonfire) website as detailed in Section III, Bid Submission, below.

Bid Submission Deadline: The deadline is the date and time listed in Bonfire. The upload of all bid documents MUST be fully complete by the date and time deadline or the bid will not be accepted.

NO LATE BIDS WILL BE ACCEPTED.

II. GENERAL INFORMATION

a. Standard Terms and Conditions. Any contract resulting from this RFB will include, but not be limited to, the Standard Terms and Conditions (Attachment 1). Exceptions and/or additions to the Standard Terms and Conditions will not be negotiated/accepted. A bid that contains exceptions and/or additions to the Standard Terms and Conditions will be rejected and disqualified from this RFB. Bidders are advised to resolve these issues within the framework of the Question-and-Answer period. The City will not allow a Bidder’s terms and condition to become part of a contract that results from this RFB. If a Bidder’s terms and conditions are attached, referenced, or embedded into a bid, whether intentionally or inadvertently, then the Bidder’s terms and conditions shall be null and void and will not become part of a contract that results from this RFB. If a Bidder is awarded a contract and the Bidder requests that its terms and conditions become part of the contract, then the Bidder’s bid will immediately be disqualified, and the Bidder will not be awarded a contract.

b. Insurance Requirements. Bidders should review the required insurance coverage and notice of policy cancellation requirements that will be part of the resulting contract(s).

Such insurance information is provided under Paragraph 5 of the Standard Terms & Conditions (Attachment 1. Proposed pricing must include associated insurance costs.

The selected Bidder will be required to provide insurance certificates meeting all requirements at the time of notification of conditional selection.

For insurance policies listed in Paragraph 5 that require Bidder to include Salt Lake City Corporation as an additional insured, you will be required to have the policy endorsed to provide either 30-days “Notice of Cancellation to a Third Party” or 30-days “Notice of Material Change to a Third Party.” A copy of the endorsement must be provided with the Certificate of Insurance. (Note: Either endorsement may be conditioned to allow 10-days notice if the reason for the cancellation is non-payment of premiums).

c. Business Registration with the State of Utah. The selected Bidder must be registered with the Utah State Division of Corporations and Commercial Code. Forms and information on how to get registered may be obtained by calling (801) 530-4849 or by accessing www.corporations.utah.gov. The selected Bidder will be required to have its registration completed prior to signing the agreement.

d. Bidders or their agents are instructed not to contact City officials or employees, or attempt to externally manipulate or influence the procurement process in any way, other than through the instructions contained herein, from the date of release of this RFB to the date of execution of the Agreement resulting from this solicitation. City, in its sole discretion, may disqualify Bidders who violate this paragraph.

e. Do not submit any gifts or promotional items with Bidder’s bid. City employees are not allowed to accept such items regardless of their value.

f. Cost of Developing Bids. All costs related to the preparation of the bids and any related activities are the sole responsibility of the Bidder. The City assumes no liability for any costs incurred by Bidders throughout the entire selection process.

g. Bid Ownership. All bids, including attachments, supplementary materials, addenda, etc., shall become the property of the City and will not be returned to the Bidder.

h. No bid shall be accepted from, or contract awarded to, any person, firm or corporation that is in arrears to the City upon a debt or contract or that is in default, as surety or otherwise, upon any obligation to the City, or that may be deemed irresponsible or unreliable by the City. Bidders may be required to submit satisfactory evidence that they have the necessary financial resources to perform and complete the work outlined in this RFB.

i. Bid Submission.

Bidder’s submission of a bid or other offer or submission constitutes the Bidder's agreement to all of the terms, conditions and provisions of the bid package, or other solicitation documents. By the submission of bid or other offer or submission, the Bidder represents that the matters stated in such bid, offer, or submission are true and correct. By submitting a bid, offer, or submission; Bidder also acknowledges that the Bidder is willing to enter into the agreement if awarded the contract.

By submitting this bid, the Bidder does hereby offer to perform such services on behalf of the City in the manner described and subject to the terms and conditions set forth in the attached bid. Services will be performed at the rates set forth in said bid.

By submitting this bid, Bidder acknowledges that it has viewed all materials published on Bonfire, including any addenda to this RFB.

j. The City reserves the right to reject any or all bids received. Furthermore, the City shall have the right to waive any informality or technical defect in bids received when in the best interest of the City.

k. Credit Applications. The City will not complete a credit application. If Bidder requires a credit application as part of its bid, the bid will be rejected and disqualified from this

RFB.

l. Samples. Samples of items, when required, must be furnished by the Bidder free of expense to the City. If not destroyed by testing, samples may be returned at the Bidder's expense, if return is requested, in writing, at the time the sample is furnished.

m. Brand Names. Brand names and numbers, when used, are for reference only. They are intended to identify the performance level, characteristics, and quality desired. Other brands, of approved equal quality, may be considered for award. In the event of substitution, Bidder’s bid must clearly describe the article and the bid must state the brand name and product number of the substitution offered. The determination of the Chief Procurement Officer, in consultation with the ordering department, shall be final and conclusive in determining whether proposed substitutes are of equal quality.

When the brand name, model number, or level of quality is not stated by the Bidder, it is understood that the services, supplies, or equipment offered are exactly as specified herein.

III. BID SUBMISSION

a. Bonfire Registration and Submission

i. Registration

Registration is required for electronic submission. It is the Bidder’s responsibility to register for notification to receive any changes, corrections, question/answer documents, and addendums issued for RFB documents.

Offeror must complete a one-time registration by providing their company information through Bonfire. Click this link and select “Register” to complete the registration process.

Once registered the Offeror may go to this link:

Utah Public Procurement Place (U3Pto search and select any RFB project listed, log-in, download the project documents, ask questions, and respond to solicitations published there. Failure to register and log-in with an intent to respond to a RFB constitutes an automatic waiver of Offeror’s right to receive a direct notification of any changes, corrections or addenda for a RFB.

ii. Submission

ELECTRONIC SUBMISSION REQUIRED. THERE IS NO OPTION TO

SUBMIT A PAPER RESPONSE.

All bids submitted in response to this RFB MUST be submitted electronically and MUST be submitted through the Bonfire website. The deadline for submission stated is a hard deadline. If a bid response is not fully and completely uploaded at https://utah.bonfirehub.com/portal/?tab=openOpportunities https://utah.bonfirehub.com/portal/?tab=openOpportunities the stated date and time, the bid will not be accepted by the Bonfire website and will not be considered.

Deadline for submission: The deadline for complete bid submission, including all uploads is listed in Bonfire.

Responses through the Bonfire website require uploading of electronic attachments.

The Bonfire site will accept a variety of document types, including but not limited to Word, Excel, and PDF attachments, but not all document types are necessarily compatible with the Bonfire website. You MAY NOT submit documents that are embedded (zip files), movies, wmp, mp3 or mp4 files or password protected files, etc. Such actions may cause your response to be deemed as “non-responsive”. After uploading your response file, Bidders MUST go to “Submit and Finalize”and click “SUBMIT & FINALIZE MY SUBMISSION ” to complete the process.

Please allow sufficient time to complete initial registration, including any online forms and to upload documents. The solicitation will end at the closing time published. If you are in the middle of uploading your documents at the closing time, the system will stop the process and your response will not be received by the system. It is recommended that the submission process be completed the day prior to the due date, with the understanding that any subsequent changes/updates to that initial submission will still be accepted up to the due date and time for complete proposal submission.

b. Bid Content

Upload cover sheet and response document as described below to the Bonfire website.

Your Bid must be uploaded and the electronic submission completed by the time and date specified. Other uploaded documents such as declarations of confidentiality, or other reference documents related to the primary response criteria are allowed but should be minimal.

DO NOT submit all pages of this RFB document with response. Include only the response sections described below:

i. Cover Sheet including the following information:

Company Name: ________________________________________________ Doing business as: [ ] an individual [ ] a partnership [ ] a corporation [ ] a limited liability company (mark appropriate box), duly organized under the laws of the State of _________________.

Name of Authorized Representative:

PRINCIPAL OFFICE ADDRESS:

Telephone:

Email Address:

ii. Minimum Mandatory Requirements

When preparing bids, Bidder shall reply to each of the minimum mandatory requirements in the order listed. Restate each numbered point listed below followed by Bidder’s response in full, narrative sentences and provide any requested materials.

iii. Confidentiality

If applicable to Bidder’s bid submit the following:

1. A written claim of business confidentiality accompanied by a concise written statement of reasons supporting the claim of business confidentiality. Blanket claims that the entire RFB is confidential will be denied and the bid may be considered non-responsive. (Please use the form provided with this RFB).

2. One redacted version of the bid for public release, with all protected business confidential information either blacked-out or removed, clearly marked as “Redacted Version”.

3. One non-redacted version for evaluation purposes clearly marked as “Protected Business Confidential Information Included Within”.

All three of the foregoing items must be submitted concurrently with the records (with the initial bid submission and with any other records submitted by Bidder during the evaluation process).

All responses, inquiries, and correspondence relating to this RFB and all reports, charts, displays, schedules, exhibits, and other documentation produced by the Bidder that are submitted to the City, as part of the bid or otherwise, shall become the property of the City when received by the City and may be considered public information under applicable law. The City is subject to the disclosure requirements of the Government Records Access and Management Act, Title 63G, Chapter 2, Utah Code Annotated (GRAMA). The City generally considers bids and all accompanying material to be public and subject to disclosure.

The City cannot guarantee that any information will be held confidential. If the Bidder makes a claim of business confidentiality, the City, upon receipt of a request for disclosure, will determine whether the material should be classified as public or nonpublic, and will notify the bidder of such determination. The Bidder is entitled under GRAMA to appeal an adverse determination. The City is not obligated to notify the bidder of a request to see the Bidder’s bid, and will not consider a claim of confidentiality, unless the Bidder's claim of confidentiality is made at the time of bid submission in accordance with

GRAMA.

iv. Cost

Bidder must upload a completed cost bid form through Bonfire. If a Bidder fails to upload a completed cost bid form, then its bid will be considered non-responsive and the bid will be rejected. All bids must be in U.S. Dollars.

IV. QUESTIONS AND CLARIFICATION

If Bidders have questions, need clarification of provisions, or think the City has omitted anything from this RFB which is necessary to a clear understanding of the work, or should it appear that various instructions are in conflict, then the Bidder shall submit questions online through the Bonfire website prior to the date and time listed in Bonfire.

No interpretation of the meaning of any provision in this RFB, nor correction of any apparent ambiguity, inconsistency, error, or any other matter pertaining to this RFB shall be made to the Bidder orally. All questions requesting clarification or interpretation of any section or sections of this RFB must be submitted online through the solicitation on the Bonfire website prior to the date and time listed in Bonfire.

Questions received after the question submission date identified above may not be considered nor receive a response. If questions prompt the need for changes to the RFB document(s), the City will issue a written addendum. Any Q & A information and/or written addendums issued by the City shall be available for interested Bidders to view or download through the Bonfire website within a reasonable period of time following the above referenced deadline.

V. EVALUATION OF BIDS

Each bid received shall be evaluated for responsiveness as outlined in the City Procurement Code and Policy. This RFB shall be evaluated by the objective criteria described in this RFB.

Any bid that does not comply with the mandatory minimum requirements will be deemed non-responsive and will be rejected.

Multiple or alternate bids will not be accepted, unless otherwise specifically required or allowed in the request for bids. If a Bidder submits multiple or alternate bids that are not requested in this RFB, the chief procurement officer will only accept the Bidder's primary bid and will not accept any other bids constituting multiple or alternate bids.

a. Minimum Mandatory Requirements

Bidders must demonstrate the ability to meet or exceed the mandatory minimum requirements outlined below by providing a narrative point by point response, in the order listed to each requirement. The following mandatory minimum requirements must be met in order for a proposal to be considered responsive:

i. City Ethics Requirement. Bidder must include the following two paragraphs in Bidder’s proposal including Bidder’s own written acknowledgement that Bidder has read the first two paragraphs and agrees to comply with the terms thereof. Failure to do so will result in disqualification of Bidder.

Representation regarding ethical standards for city officers and employees and former city officers and employees. The Bidder represents that it has not: (1) provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in the City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in the City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code.

It is the City’s policy that City employees are prohibited from personally accepting gifts, incentives, or marketing or promotional items from suppliers and that suppliers shall not offer such items to City employees. Such offers from suppliers are inappropriate and may result in suspension or debarment of the supplier from the City's procurement processes.

ii. Bidder certifies that chip seal and slurry seal aggregate material is 100 percent crushed stone, slag, or other high-quality particle or combination.

All of the items described in this section are non-negotiable. However, if a manufacturer's specification is used or identified above, then a bid may include, in sufficient detail, that its proposal contains an equivalent brand.

If it is determined that a bid does not meet these requirements, at any time during the solicitation process, it will be deemed non-responsive and disqualified from further consideration.

If a bid is considered responsive then it will be considered for contract award.

b. Cost Sheet and Price Guarantee Period

i. Cost Sheet: Cost will be evaluated using the following method:

Complete and submit Attachment 3: Cost Sheet.

Proposed prices must include all costs associated with the performance of the services specified, including materials, supervision, labor, insurance, transportation, delivery, fuel or other surcharges, demurrage, and related costs. Charges not listed in the RFB response will not be allowed. All prices and fees must be in U.S. dollars.

ii. Price Guarantee Period

Bidder must guarantee its pricing for one year from award of a contract.

If allowable under this RFB, a request for price adjustment must be made at least thirty

(30) days prior to the effective date. A request for price adjustment must include sufficient documentation (market analysis) supporting the request. Any price adjustment will not be effective unless approved by the Chief Procurement Officer. A price adjustment will be guaranteed for the same length of time as the original price guarantee. City will be given the immediate benefit of any decrease in the market, or allowable discount.

Award will be made to the responsive and responsible Bidder with the lowest total cost.