6-SWM126088 General Requirements.pdf

SWM126088 Recycling Scrap Metal

Request for Bids and Resulting Contract

GENERAL BID REQUIREMENTS

1.0 SCOPE:

Salt Lake County Contracts and Procurement, on behalf of Solid Waste Management invites your company to bid on providing recycling of mixed loads of bulk ferrous and non-ferrous metals. The metal will be mixed ferrous and nonferrous material with plastics and other nonmetal materials mixed in. The metal will be unprepared with respect to length, width, thickness, or purity. The awarded contract will be available to all other agencies within the County.

Contractor will not be allowed to deduct from the price given to Salt Lake County for incidental non-metallic debris that may be contained in the deliveries made by the County.

Each load will be weighed on the vendor's certified scales, and a receipt is to be issued to County's personnel showing the gross tare-net weights of each load. All scales used are to be State Certified. The facilities must issue weight tickets for each load delivered by the county that indicates the date and time, vehicle number and load weight. The facility will be able to accommodate an average 15-minute unloading time from the scale to exit for County agencies.

The Contractor location will be within 15 miles from 6030 West California Avenue, Salt Lake City, UT 84104.

2.0 CONTENTS:

If any provision or specification in this “Request for Bids and Resulting Contract” (RFC) is ambiguous or is disputed by a bidder, the bidder must notify the County Contracts and Procurement Division prior to the opening of the bids. No dispute or protest concerning the ambiguity of these specifications or provisions of this RFC shall be accepted following opening of the bids.

3.0 QUESTIONS:

Questions shall be submitted through Bonfire – Utah Public Procurement Portal.

Questions are due prior to the question date and time specified. If a question/answer changes the RFC document, the change will be released in an addendum. Do NOT contact the Agency, Division, Department, or other County officers or employees.

4.0 CONTRACT TERM:

The contract resulting from this solicitation will become effective on the date of execution with a five (6) year term. The County reserves the right to review the contract on a regular basis regarding performance and cost analysis and may negotiate price and service elements during the term of the contract.

5.0 ANNUAL MINIMUM/MAXIMUM:

No minimum or maximum quantity or purchases under this contract can be specified.

For information purposes only and not as a guarantee of usage by the County, approximate annual amount under this contract may be 1500 tons of ferrous & nonferrous material.

6.0 AWARD:

Salt Lake County may award bids and contracts to suppliers through a preference system. Please refer to the preference attachment.

Salt Lake County may reject any or all bids if it is deemed to be in the best interest of the County.

Award evaluation will be made according to the responsive, responsible bidder, bidding the highest overall price as shown on the Pricing Schedule.

7.0 PRICING:

Pricing is to be based on the AMM American Metals Market’s Export Yard Buying Prices, #1 Heavy Melt per the San Francisco market using net US tons as published on the 10th of every month for the subsequent 30 days until the next published price the following month. The Contractor’s pricing shall be a percentage mark-up or discount of the published AMM price.

Two price percentages should be bid; a percentage above/below AMM for material delivered by the County and a percentage above/below AMM for pick-up by the Contractor should other County agencies choose to set up a separate account with the Contractor for pick up under this agreement. County anticipates that most material will be delivered by the County to the Contractor’s facility. Published AMM prices may change during the contract, but the markup or discount percentage shall remain unchanged during the entire life of the contract.

8.0 AUDITING:

The contractor agrees, at no additional cost, to make available to Salt Lake County all records; published price lists and invoices relative to this contract. Information to assist Salt Lake County personnel in performing periodic audits and price checks will be provided during regular business hours. The awarded Contractor shall email the AMM published pricing by the 11th of each month to the Solid Waste Management designee as well as keep on file the monthly AMM published prices for HMS #2 for the San Francisco Market.

9.0 REQUIRED INSURANCE POLICIES:

GENERAL INSURANCE REQUIREMENTS FOR ALL POLICIES.

A. Any insurance coverage required herein that is written on a “claims made” form rather than on an “occurrence” form shall (i) provide full prior acts coverage or have a retroactive date effective before the date of this Agreement, and (ii) be maintained for a period of at least 3 (three) years following the end of the term of this Agreement or contain a comparable “extended discovery” clause. Evidence of current extended discovery coverage and the purchase options available upon policy termination shall be provided to the County.

B. All policies of insurance shall be issued by insurance companies licensed to do business in the State of Utah and either:

(i) Currently rated A- or better by A.M. Best Company;

—OR—

(ii) Listed in the United States Treasury Department’s current Listing of Approved Sureties (Department Circular 570), as amended.

C. Bidder shall furnish certificates of insurance, acceptable to the County, verifying the foregoing matters concurrent with the execution hereof and thereafter as required.

D. In the event any work is subcontracted, Bidder shall require its subcontractor, at no cost to the County, to secure and maintain all minimum insurance coverages required of the Bidder hereunder.

E. In the event that governmental immunity limits are subsequently altered by legislation or judicial opinion, Bidder shall provide a new certificate of insurance within 30 (thirty) days after being notified thereof in writing by the County, certifying coverage in compliance with the modified limits or, if no new limits are specified, in an amount acceptable to the County.

F. All required certificates and policies shall provide that coverage thereunder shall not be canceled or modified without providing 30 (thirty) days prior written notice to the County in a manner approved by the County District Attorney.

G. In the event Bidder fails to maintain and keep in force any insurance policies as required herein, County shall have the right at its sole discretion to obtain such coverage and reduce payments to Bidder for the costs of said insurance.

REQUIRED INSURANCE POLICIES.

Bidder agrees to secure and maintain the following required policies of insurance in accordance with the general insurance requirements set forth in the preceding subsection:

A. Workers’ compensation and employer’s liability insurance as required by the State of Utah unless a waiver of coverage is allowed and acquired pursuant to Utah law. This requirement includes Bidders who are doing business as an individual and/or as a sole proprietor as well as corporations, limited liability companies, joint ventures and partnerships. In the event any work is subcontracted, Bidder shall require its subcontractor(s) similarly to provide workers’ compensation insurance for all of the latter’s employees, unless a waiver of coverage is allowed and acquired pursuant to Utah law.

B. Commercial general liability insurance on an occurrence form with the County as an additional insured, in the minimum amount of $1,000,000 per occurrence with a $2,000,000 general policy aggregate and $2,000,000 products completed operations policy aggregate. The policy shall protect the County, Bidder, and any subcontractor from claims for damages for personal injury, including accidental death, and from claims for property damage that may arise from Bidder’s operations under this Agreement, whether performed by Bidder itself, any subcontractor, or anyone directly or indirectly employed by either of them. Such insurance shall provide coverage for premises operations, acts of independent Bidders, and completed operations.

C. Commercial automobile liability insurance that provides coverage for owned, hired, and non-owned automobiles, with the County as an additional insured, in the minimum amount of $2,000,000 per occurrence.

10. PAYMENT

A check is to be issued and received by the 10th of each month made payable to Salt Lake Valley Sold Waste Management for materials recycled by the county in the previous month. Should other county agencies set-up accounts with the contractor, the monthly payments shall be made to the appropriate county agency.

11. TERMS AND CONDITIONS

Bidder agrees that if awarded a contract under this solicitation, Salt Lake County’s Terms and Conditions, attached, will apply.

12.0 NON-EXCLUSIVE CONTRACT:

The contract to be awarded shall be non-exclusive. Salt Lake County reserves the right to purchase at its discretion, any product or service covered by the resulting contract from other sources during the term of the contract.

13.0 PRICE ESCALATION / DE-ESCALATION:

Prices will be linked to the AMM American Metals Market’s Export Yard Buying Prices, #1 Heavy Melt per the San Francisco market using net US tons as published on the 10th of every month, an independent index or indicator not controlled by either the County or the Proposer. Published AMM prices may change during the contract, but the markup or discount percentage shall remain unchanged during the entire life of the contract.