9-1.1 FCE134740 General Requirements.pdf

FCE134470

Hauling and Disposal of Dredged Material from Lee Drain

GENERAL BID REQUIREMENTS

1.0 SCOPE:

Salt Lake County, on behalf of its Division of Flood Control, “County” is solicitating bids from qualified firms “Bidder / Contractor” to provide services for the loading, hauling and disposal of bulk materials resulting from the dredging of Lee Drain including (but not limited to) dredged sediment, riprap, sand, woody debris, and miscellaneous refuse. The County’s best estimate of the material quantity is approximately 13,850 tons. The County has divided the length of Lee Drain into seven zones; the County reserves the right to award only a portion of these zones based on available funding. Zone 1 will form the base bid. Zones 2, 3, 4, 5, 6, and 7 are assigned to Alternatives A, B, C, D, E, and F, respectively.

The County is considering two options, which are described below. The County may award either Option I or Option II based on total cost and operational considerations. The County reserves the right to reject the option with the lowest stated total cost for option 1 if option two is determined to be operationally in the County’s best interest.

Option I: The loading of material shall be performed by County Flood Control Operations Crew using County equipment. In this case, County Staff will be on site operating a loader and/or excavator from 7:30 am to Contractor’s end of day.

Option II: The loading of material shall be performed entirely by the Contractor. The Contractor shall provide all supervision, labor, tools, fuel, and equipment (such as loaders and/or excavators) necessary to load the material. Loading equipment shall be appropriate for the site conditions and material and shall be operated by qualified personnel.

Under either loading option, bidders are to provide trucks and drivers for hauling and disposal of dredged material located in each mapped segment. Material may be disposed of in any legal manner or location determined by the contractor. Contractor is responsible for maintaining appropriate tracking controls and BMPs for the duration of the project including cleaning and maintaining access roads and public streets as well as giving a 2-day notice prior to project start to Trever Swensen (801)-971-2146. Weekend and holiday work is prohibited. Bidders are reminded not to contact County personnel and are to direct all questions/comments to the Public Q&A within the Bonfire portal during the term of the solicitation period.

Contractor is to legally dispose of hauled material at a designated landfill or other location of their choosing at which they have the legal authorization to dispose of the material.

Weigh tickets will be required to determine actual quantities transported. The Contractor assumes all liability and holds Salt Lake County harmless if material is disposed of illegally. Material has been tested by the County and can be assumed to be acceptable for disposal at the Salt Lake County Landfill.

Contractor must meet the following requirements:

1. Contractor must be bondable to a minimum of the not-to-exceed amount of

$250,000.00. The Bid Bond should be submitted on AIA Document A310, as published by the American Institute of Architects, 1736 N.Y. Ave. N.W., Washington, D.C. 20006.

If said form is not reasonably available, bid security may be submitted on another form, provided the same is acceptable to the OWNER and approval of said form is obtained by Bidder prior to submitting Bid.

2. Contractor must have Worker’s Compensation Insurance, Commercial Automobile Insurance, and Liability Insurance to cover the contract as stated in the attached Short Form Construction Contract and summarized under insurance requirements below.

3. Contractor must have a proven performance record as a contractor in the State including the attributes of timely performance and quality workmanship. The County will require that references be provided from previous clients during the past 3 years (see Section 9.0 References/Experience below). The County reserves the right to reject any proposal based on poor references and/or project performance.

4. Bidders must hold either an S-310 or E-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.

The Contract will be awarded to the lowest, responsive and responsible bidder, based on the lowest combination of base bid and prioritized alternates up to the 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.

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 our online solicitation system, Utah Public Procurement Place (U3P) powered by Bonfire. Questions are due prior to the question due date and time specified. If a question/answer changes the RFB document, the change will be released in an amendment to the solicitation event. Bidders who have stated their “Intent to Bid” in the U3P system will receive email notice of questions and amendments. Do NOT contact the Agency, Division, Department, or other County officers or employees.

4.0 PRE-BID SITE VISIT:

A site visit is to be held at the time and date specified in the Bonfire portal at the Salt Lake. The site visit will be held at 1640 S Gladiola Street, Salt Lake City, UT. It shall be the sole responsibility of the bidder to attend this site visit. Bidders not attending do so at their own risk. Bidders should thoroughly familiarize themselves with the entire bid documents including specifications prior to the pre-bid meeting.

5.0 PROJECT COMMENCEMENT AND COMPLETION:

1. Contractor shall commence the Work on the date of the Notice to Proceed (“Commencement Date”) and complete the Work on or before March 15th, 2027. The County and Contractor agree that the Completion Date includes days to complete the Work. Contractor shall pay County Liquidated Damages in the amount of $500.00 for each calendar day that Contractor fails to complete the Work after the Completion Date. Such sum is fixed and agreed upon by County and Contractor for the following reasons: Late completion of the work will cause damage to County and to the public which County serves due to inability to provide services necessary for proper governance and efficient use of tax monies, inconvenience, increased costs of administration, and the fact that an exact determination of monetary value of said damages is difficult to ascertain.

a. Permitting Contractor to continue and finish the Work or any part of it after the Completion Date has passed, or after the Completion Date has been extended, shall serve only to determine liquidated damages and shall not be construed in any way as a waiver on the part of County of any of its rights under the Contract to terminate for default or of any other rights.

b. The above-stated liquidated damages provisions shall remain in effect and continue until final completion and final acceptance of the Project by County. Contractor hereby authorizes the County to retain sufficient monies due the Contractor and remaining in the hands of County to pay the damages caused by any such default or defaults.

6.0 ANNUAL PURCHASES:

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

Estimated quantity of approximately 13,850 tons is provided as an estimate only. No maximum or minimum are guaranteed.

7.0 AWARD:

Salt Lake County may award bids and contracts to vendors 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.

The Contract will be awarded to the lowest, responsive and responsible bidder, based on the lowest combination of base bid and prioritized alternates up to the 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.

8.0 PRICING:

County will determine the low bidder based upon price(s) bid on the attached bid schedule. The price to be paid by County upon each order placed under the contract(s) will be the price that the successful bidder submitted for that item.

The Contractor shall provide separate pricing For the Base Bid and each Alternative. The County may award either Option I or Option II based on total cost, scheduling, contractor availability, and operational considerations. The County reserves the right to reject the option with the lowest stated total cost if the alternative option is determined to be in the County’s best interest.

The unit price per ton shall include all costs necessary to complete the work, including mobilization, demobilization, hauling, disposal fees, traffic control, BMPs, road cleanup, fuel, labor, equipment, overhead, profit, and incidentals. For Option II, the unit price shall also include loading. No separate payment shall be made for these costs. Bidders shall consider the site conditions and requirements described in this solicitation when preparing their unit prices. No other allowable costs will be permitted.

NOT TO EXCEED:

The total cost of the contract shall not exceed $250.000.00. No additional payments will be allowed or permitted beyond the stated amount.

9.0 REFERENCES/EXPERIENCE:

Bidders are required to have at least three (3) years of experience of services as described in this solicitation. Additionally, bidders must complete and submit a minimum of two (2) completed reference forms as part of their bid wherein bidder has completed the same work as described under this solicitation. Bidders who do not meet this requirement will be deemed non-responsive and ineligible for award under this solicitation. The County may also use other sources available to determine responsibility and capability to perform the work required under this solicitation. Low ratings or unfavorable comments provided on the reference forms and/or publicly available information may result in the bid being non-responsive.

Should the County have previous experience contracting with the Bidder, the County may, as part of the reference evaluation process, consider any past interactions or performance history, whether positive or negative, when assessing the Bidder’s responsiveness and responsibility. This provision will not apply to the two (2) required references as part of this solicitation.

10.0 BILLING AND PAYMENT:

Payment shall be based on the actual net tons hauled and legally disposed of from each awarded zone, multiplied by the contract unit price per ton for that zone and the selected loading option. Actual quantities shall be documented by weigh tickets identifying the zone and net weight and submitted with each payment request. A ton is defined as 2,000 pounds. Estimated quantities are provided for bid comparison only and do not guarantee a minimum quantity. The Amount shown on the bid schedule shall equal the estimated quantity multiplied by the unit price and does not establish a lump-sum payment. The unit price shall govern any discrepancy between the unit price and Amount.

11.0 PRICE ESCALATION I DE-ESCALATION:

Pricing is to remain firm for the first two years of the contract with annual adjustments based on the CPI (US Bureau of Labor Statistics Western Region CPI Index) for the remainder of the term.

12.0 TERMS AND CONDITIONS:

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

13.0 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 $1,000,000 per occurrence.

—OR IF THERE WILL NOT BE ANY VEHICLE OPERATIONS—

D. The Bidder shall not operate a vehicle in connection with any services rendered under this

Agreement. Inasmuch as the Bidder agrees not to operate a vehicle in connection with services rendered under this Agreement, the County shall not require the Bidder to provide commercial automobile liability insurance.

E. COMMERCIAL BLANKET BOND – Prior to the execution of this contract by the County, the Supplier must deliver to the County a bond, written upon a corporate surety licensed to do business in the State of Utah, in a form which is acceptable to the County, for the faithful performance of the supplier’s obligations under this contract. Penal sum of said performance bond shall be in the amount of $1,000,000.

F. COMMERCIAL CRIME POLICY OR BOND – Commercial crime policy or dishonesty bond with a “third party” or “client coverage” endorsement listing the County as “loss payee” in the minimum amount of $1,000,000.