SLCI25018.pdf

BIDDER RESPONSES BRIEF DESCRIPTION

Provide the following information about your company:

Company is a: Corporation (Check one) Partnership

Individual

DBA

Limited Liability Co.

Duly organized under the laws of the State of:

Provide the name(s) of your insurance carrier(s):

Worker’s Comp:____________________________________

General Liability:___________________________________

Salt Lake City Corporation is soliciting competitive sealed bids from qualified contractors to provide Hydraulic Systems Components and Related Items Repair and Replacement Services for the Salt Lake City Public Services Department.

The attached specification is hereby made an official part of this bid.

Note: Bid award information will be posted to the Utah Public Procurement Place (U3P), (SciQuest website).

For Americans With Disabilities (ADA) accommodations, contact the buyer listed on this form, email to aron.lococo@slcgov.com or use our TDD phone at (801) 535- 6021. Please allow 48 hour notice.

To submit a “No Bid” response check one box below:

We are unable to submit a bid at this time, but would like to remain on the bidders list.

We do not provide the above product or service.

ALL BIDS WILL BE SUBMITTED WITH THIS FORM.

FORM MUST BE SIGNED BY BIDDER.

The right is reserved to reject all bids, to waive any informality or technicality or to accept bids deemed to be in the best interest of Salt Lake City Corporation.

The undersigned offers and agrees to furnish the above articles and/or services at the prices and terms stated, subject to the General Conditions of this Bid.

Company Name

Contact Name (please print)

Signed

Phone No._________________________________________________

Mobile No.___________________________________________________

Email: ___________________________________________________

For Electronic Bid Submission (required)

Refer to Bid Section IV Submission of Bids

THIS BID IS CONDITIONED UPON THE TERMS GOVERNING SALES TO THE CITY

Request Date:

August 23, 2024

Contract No.

TBD

REQUEST FOR BID

(THIS IS NOT AN ORDER)

SALT LAKE CITY CORPORATION

PURCHASING & CONTRACTS MANAGEMENT DIVISION

BID # SLCI25018

BIDS WILL BE ACCEPTED

UNTIL 1:00 P.M. ON

Wed., September 18, 2024

AT WHICH TIME THE BIDS

WILL BE OPENED

PUBLIC Q&A WILL BE ACCEPTED

UNTIL 1:00 P.M. 9/4/2024

FOR ADDITIONAL INFORMATION CONTACT:

Buyer: Aron LoCoco Procurement Specialist

Aron.lococo@slcgov.com (preferred) Phone: (801) 535-6347

B I D D E R

Contract No. TBD

Rev. August 22, 2024/al

SALT LAKE CITY CORPORATION

REQUEST FOR BID

HYDRAULIC SYSTEMS COMPONENTS AND RELATED ITEMS

REPAIR AND REPLACEMENT SERVICES

CITY WIDE

BID NO. SLCI25018

I. INTENT OF SOLICITATION

Salt Lake City Corporation (the City), is soliciting competitive sealed bids from qualified contractors to provide repair and replacement services of various makes and models of hydraulic systems components and other related items on an as needed basis.

For a more complete description of product and/or service requirements refer to Exhibit “A” of the attached SAMPLE AGREEMENT.

II. WRITTEN AGREEMENT REQUIRED

The selected bidder shall be required to enter into a written agreement with Salt Lake City

Corporation (see Attachment “A”, Sample Agreement).

Bidders are advised to read thoroughly the Sample Agreement as the selected bidder will be required to comply with its requirements. BIDDER’S SIGNATURE ON THE

REQUEST FOR BID SHEET SHALL SERVE AS AN ACKNOWLEDGMENT THAT

BIDDER IS WILLING TO ENTER INTO THE AGREEMENT IF AWARDED THE

CONTRACT. If you have questions or concerns about any provision, please contact the

City as directed in Section IX (Questions and Clarification).

III. 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 Sample Agreement. 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 policies in Paragraph 5 that require you to list 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)

IV. SUBMISSION OF BIDS

ELECTRONIC SUBMISSION REQUIRED. THERE IS NO OPTION TO SUBMIT A

PAPER RESPONSE.

Bids may only be submitted electronically and only through the Utah Public Procurement

Place (U3P) website as detailed below. Bids will not be accepted unless the upload and submission of the bids is fully completed on the U3P website by the following date and time:

The deadline for complete bid submission, including all uploads is:

1:00 p.m. on Wednesday, September 18, 2024.

BIDS RECEIVED AFTER THIS DEADLINE WILL NOT BE ACCEPTED BY THE

U3P WEBSITE AND WILL NOT BE CONSIDERED.

Bidders may attend a public virtual bid opening via Microsoft Teams, however those bidders wishing to attend must confirm their intent to attend by emailing the City’s contact person identified in Paragraph IX, at least 48 hours prior to the bid opening date.

All bids must be submitted on the forms provided by Salt Lake City Corporation. The bid form must be signed by a representative of the company having the legal authority to bind the bidder contractually. Bidder's signature on the face of the bid form indicates bidder's agreement to be governed by Salt Lake City Ordinances and Administrative Policies and to comply with all terms and conditions set forth in this solicitation.

Instructions: Compile your signed bid cover sheet and any other bid response pages and supporting documents as instructed in the Content of Bid Section V below, into one single PDF file. Additional uploaded documents such as an exceptions document, declarations of confidentiality, or other reference documents necessary and related to the primary bid response are allowed but should be minimal.

Upload your file to the Utah Public Procurement Place (U3P) website. See Paragraph X below for the U3P website and registration information. Please do not include all pages of this bid document with your response. Include only the Request for Bid cover sheet and the required bid content as instructed.

Responses must be uploaded and the electronic submission completed prior to the time and date specified above. Emailed responses will not be accepted.

MORE INFORMATION FOR ELECTRONIC SUBMISSIONS:

Responses through the U3P website require uploading of electronic attachments. The U3P site will accept a variety of document types such as Word, Excel, and PDF attachments but not all. You

MAY NOT submit documents that are embedded (zip files), movies, wmp and mp3 files or password protected files, etc. Such actions may cause your bid to be deemed as "non-responsive".

After uploading your response file, bidders MUST go to "Review and Submit" and click "SUBMIT

RESPONSE" to complete the process.

When submitting a response electronically through the U3P site please allow sufficient time to complete your initial registration, any online forms and 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 knowledge that any changes/updates will be accepted through the due date and time.

V. CONTENT OF BID

All bids submitted must include at least the following information:

A. Bid Cover Sheet must be signed and returned.

B. Attachment 1, Cost Sheet, must be filled out completely and returned. All bids must be in U.S. dollars.

C. If applicable to your bid, submit the following:

1. Any claims of confidentiality of bid contents, which must include a concise written statement of reasons supporting the claims (pricing may not be declared as confidential), and;

2. A redacted and a non-redacted version of the bid response. See Paragraph “XIV” for more Information

BIDS RECEIVED THAT DO NOT CONTAIN THE ABOVE ITEMS MAY BE REJECTED.

PURSUANT TO REQUIREMENTS OF THE CITY’S “ETHICS POLICY”, PLEASE DO NOT

SUBMIT ANY GIFTS OR PROMOTIONAL ITEMS WITH YOUR BID. CITY EMPLOYEES

ARE NOT ALLOWED TO ACCEPT SUCH ITEMS REGARDLESS OF THEIR VALUE.

VI. SUBMISSION DEEMED AGREEMENT

Submission of a bid, proposal or other offer or submission constitutes the bidder's or offeror's agreement to all of the terms, conditions and provisions of the bid or proposal package, or other solicitation documents. If you have questions or concerns about any provision, please contact the City as directed in Section IX (Questions and Clarification). By the submission of any bid, proposal or other offer or submission, the bidder or offeror represents that the matters stated therein are true and correct.

VII. EXCEPTIONS

If a bidder takes exception to any term, condition, or requirement set forth in this Request for

Bid or the Sample Agreement and any of its exhibits and attachments, said exceptions must be clearly identified and included in the response to this Request for Bid. Exceptions to or deviations from any of the terms and conditions must not be added to the bid pages but must be submitted in a separate document accompanying the bid response and identified as “Exceptions.” However, any exceptions submitted may render the submission as non-responsive to the requirements listed. The City shall be the sole determiner of the acceptability of any exception. Therefore, we encourage you to contact the City’s contact person with any questions or concerns as described in Section IX (Questions and

Clarification), rather than submitting Exceptions as part of your bid response.

VIII. NOTICE TO BIDDERS

The City may not consider bids from individuals, contractors, firms or corporations included in the following categories:

A. Any organization or individual currently in arrears or in default to the City on a previous debt or contract.

B. Any organization or individual currently in default as surety, or otherwise, for any obligation to the City.

C. Any organization or individual who has previously failed to faithfully perform a contract with Salt Lake City Corporation.

IX. QUESTIONS AND CLARIFICATION

If bidders have questions, need clarification of provisions, or think the City has omitted anything from this bid request which is necessary to a clear understanding of the work, or should it appear that various instructions are in conflict, then the bidder shall contact and provide the questions or input to the Purchasing & Contracts Management Division in writing by the deadline for questions set forth below.

All questions requesting clarification or interpretation of any section or sections of this Request for Bid must be submitted online through the Q & A Board for this solicitation on the Utah

Public Procurement Place website (U3P) prior to 1:00 pm, Wednesday, September 4, 2024.

U3P website links are shown in Section X below.

Questions received after the date above may not be considered or receive a response. If questions prompt the need for changes to the Request for Bid, the City will issue a written addendum to the original Request for Bid.

Any Q & A information or written addendums issued by the City shall be available for interested bidders to view or download within three (3) working days following the above referenced deadline. Go to the U3P website to obtain all bid information, submit and view questions, and to view addendums. It is the responsibility of the bidder to view or download Q

& A information and addendums before submission of their bid.

The City’s designated contact person for additional information concerning Request for Bid procedures and regulations (i.e., submission deadline, forms required, etc.), or Americans with

Disabilities (ADA) accommodations, is Aron LoCoco in the Purchasing & Contracts

Management Division: telephone (801) 535-6347; TDD (801) 535-6021; e-mail

(aron.lococo@slcgov.com).

Note that attempts to contact any City employee, other than the designated contact person stated above, with questions or for information could result in your bid being deemed non-responsive and removed from consideration.

X. REGISTER FOR NOTIFICATION OF BID OR RFP ADDENDA and ELECTRONIC

SUBMISSION

It is the bidder’s/offeror’s responsibility to register for notification to receive any changes, corrections, question/answer documents, and addendums issued for RFB (bid) or RFP

(proposal) documents. Registration is also required for electronic submission.

Bidder/offeror must complete a one-time registration by providing their company information through the U3P Supplier Login Portal. Click this link:

Supplier Login/Join SciQuest Supplier Network or go to https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=StateOfUtah.

Once registered the bidder/offeror may go to this link: Utah Public Procurement Place (U3P) or https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfUtah, search and select any Bid or RFP project listed, log-in, download the project documents, and confirm their intent to respond. Failure to register and log-in with an intent to respond to a Bid or RFP constitutes an automatic waiver of bidder’s/offeror’s right to receive a direct notification of any changes, corrections or addenda for a Bid or RFP.

XI. AWARD OF CONTRACT

Award of a contract from this bid will be made to the lowest responsible and responsive bidder

(refer to Attachment “B”, Cost Sheet for additional details). 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.

XII. AWARD TO MORE THAN ONE CONTRACTOR

The City reserves the right to award contracts to one or more contractors to ensure that the services/products specified in this solicitation shall be available to the City at all times and at the lowest available cost. City may elect to award primary and secondary source contracts.

XIII. GOVERNING CODE AND POLICIES

The City’s procurement processes, including this competitive solicitation, are governed by Salt

Lake City Code 3.24 and Salt Lake City Administrative Policies for Procurement. Because the winning bidder may be required to supply goods for the Salt Lake City Department of Airports, this competitive solicitation is also subject to the requirements set forth in Exhibit C and any applicable federal laws and regulations.

XIV. CONFIDENTIALITY

All responses, inquiries, and correspondence relating to this Bid and all reports, charts, displays, schedules, exhibits, and other documentation produced by the bidder that are https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=StateOfUtah&AuthToken=0%3AAES2%23CAeCMk4N4PNh1B7SitHntm6W5PkGPcFnuhJhN8wa%2BufOr8REf4uWf1EAfaPHjK3i8CH6Z8Uf0mJ%2FcmfKDxzIcS%2FfGNVWxzK0MYn93PUQiPI6IIBj50yBMwTIGlQAEokjEJ7cvNzeLl3bKmxGL%2BMdXXoBsGilL%2BAmJQ%3D%3D&SuccessToken=3&URL=ViewSourcingEvent%3FAuthToken%3D0%253AAES2%2523CAeCMk4N4PNh1B7SitHntm6W5PkGPcFnuhJhN8wa%252BufOr8REf4uWf1EAfaPHjK3i8CH6Z8Uf0mJ%252FcmfKDxzIcS%252FfGNVWxzK0MYn93PUQiPI6IIBj50yBMwTIGlQAEokjEJ7cvNzeLl3bKmxGL%252BMdXXoBsGilL%252BAmJQ%253D%253D%26CustOrg%3DStateOfUtah%26EventId%3D154069%26SupplierId%3D%26tmstmp%3D1479849325605 https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=StateOfUtah https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=StateOfUtah https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfUtah https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfUtah submitted to the City, as part of the bid, 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. Any bid material considered by the bidder to be proprietary must be accompanied by a written claim of business confidentiality containing a concise written statement of reasons supporting the claim.

Blanket claims that the entire bid is confidential will be denied. Bid prices may not be declared as confidential.

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 submission, 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.

Any bid response material, considered to be proprietary by the bidder, shall be accompanied by the following:

1. A written claim of business confidentiality accompanied by a concise written statement of reasons supporting the claim of business confidentiality. (Please use the form provided with this Bid).

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.

XV. TITLE VI SOLICITATION NOTICE

The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.

252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin

(including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.

ATTACHMENT "A"

(SAMPLE AGREEMENT)

CONTRACT NO. TBD

Rev.

SAMPLE AGREEMENT

CITY WIDE

THIS AGREEMENT is between SALT LAKE CITY CORPORATION, a Utah municipal corporation (“City”), and Ø, a _ (“Contractor”), and is dated as of the date the City Recorder attests the applicable City signature (which date shall be the recordation date).

RECITALS

1. Contractor desires to provide certain hydraulic systems components, and related items, repair and replacement services for City.

2. City desires to engage Contractor for such services.

AGREEMENT

In consideration of the promises and covenants hereinafter contained, the parties agree as follows:

1. Contractor shall provide certain hydraulic systems components, and related items, repair and replacement services for City as described in Exhibit “A.” The initial term of this Agreement shall commence on January 21, 2025, or the date of this Agreement if later than the aforementioned date and shall continue for a period of five (5) years from the commencement of the initial term. Work authorized during the initial term of this Agreement may continue until that work has been completed.

No additional work shall be authorized after the expiration of the initial term. Contractor shall maintain the required insurance coverage until all work under the Agreement has been completed by Contractor and accepted by City and for the three-year period following completion as required under Article 5.

City shall have the right to extend this Agreement for an additional term of up to four (4) months by giving Contractor written notice at least ten (10) days before the expiration of the original term, provided, however, that City may terminate such additional term by giving Contractor at least five (5) days prior written notice of such termination. This is a non-exclusive contract and City reserves the right to acquire the services or equipment, at its discretion, from other sources during the term of this

Agreement. All financial commitments by City shall be subject to the appropriation of funds approved by the City Council and the limitations on future budget commitments provided under applicable Utah law, including the Utah Constitution.

2. For services provided to City, Contractor shall be paid as specified under Exhibit “B”

(Price Schedule).

3. For such consideration, Contractor shall furnish all materials, supervision, labor, and equipment to complete the requirements of this Agreement.

4. The following indemnification requirements apply to this Agreement:

A. Contractor shall indemnify, save harmless, and defend City, its officers and employees, from and against all losses, claims, demands, actions, damages, costs, charges, and causes of action of every kind or character, including attorney's fees, arising out of Contractor's intentional, reckless, or negligent performance hereunder. Contractor’s duty to defend City shall exist regardless of whether City or Contractor may ultimately be found to be liable for anyone’s negligence or other conduct. If City's tender of defense, based upon this indemnity provision, is rejected by Contractor, and Contractor is later found by a court of competent jurisdiction to have been required to indemnify

City, then in addition to any other remedies City may have, Contractor shall pay City's reasonable costs, expenses, and attorney's fees incurred in proving such indemnification, defending itself, or enforcing this provision. Nothing herein shall be construed to require Contractor to indemnify the indemnitee against the indemnitee's own negligence. The provisions of this section 4 shall survive the termination of this Agreement.

B. City assumes no responsibility for any damage or loss that may occur to

Contractor's property, except the obligation City assumes that it will not willfully or intentionally damage the property of Contractor. City has no responsibility for any equipment maintenance, or for

Contractor's employees. Nothing in this Agreement shall be construed to create a partnership, joint venture, or employment relationship.

5. The following insurance requirements apply to this Agreement:

A. GENERAL INSURANCE REQUIREMENTS FOR ALL POLICIES.

(1) 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 three (3) years following the completion by Contractor and acceptance by City of all work under this Agreement or shall contain a comparable “extended discovery” clause. Evidence of current extended discovery coverage and the purchase options available upon policy termination shall be provided to City.

(2) All policies of insurance shall be issued by insurance companies licensed to do business in the state of Utah and either:

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

—OR—

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

(3) Contractor shall furnish certificates of insurance, acceptable to City, verifying the foregoing matters concurrent with the execution hereof and thereafter as required.

(4) In the event any work is subcontracted, Contractor shall require its subcontractor, at no cost to City, to secure and maintain all minimum insurance coverages required of

Contractor hereunder.

(5) All required certificates and policies shall be endorsed as needed to provide that coverage thereunder shall not be canceled or modified without providing, in a manner approved by the City Attorney, 30 days’ prior written notice to City or 10 days’ prior written notice for cancellation due to non-payment of premiums.

B. REQUIRED INSURANCE POLICIES. Contractor, at its own cost, shall secure and maintain during the term of this Agreement, including while work under this Agreement is being completed and accepted and during all renewal terms, the following minimum insurance coverage:

(Note: Unless other limits, types of insurance, or terms are agreed to by the City

Attorney’s Office, the following are the insurance requirements that will be required for this

Agreement.)

(1) Workers’ compensation and employer’s liability insurance sufficient to cover all of Contractor’s employees pursuant to Utah law, unless a waiver of coverage is allowed and acquired pursuant to Utah law. In the event any work is subcontracted, Contractor 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.

(2) Commercial general liability (CGL) insurance with a policy endorsement naming Salt Lake City Corporation as an additional insured on a primary and non-contributory basis in comparison to all other insurance including City’s own policy or policies of insurance, in the minimum amount of $1,000,000 per occurrence with a $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate. The policy shall include contractual liability insurance for the indemnity provided under this Agreement. These limits can be covered either under a CGL insurance policy alone, or a combination of a CGL insurance policy and an umbrella insurance policy and/or a

CGL insurance policy and an excess insurance policy. The policy shall protect City, Contractor, and any subcontractor from claims for damages for bodily injury, including accidental death, and property damage that may arise from Contractor’s operations under this Agreement, whether performed by

Contractor itself, any subcontractor, or anyone directly or indirectly employed by either of them. Such insurance shall provide coverage for premises operations, acts of independent contractors, products and completed operations.

(3) Commercial automobile liability insurance that provides coverage for owned, hired, and non-owned automobiles used in connection with this Agreement in the minimum amount of a combined single limit of $1,000,000 per occurrence or $500,000 liability per person, $1,000,000 liability per occurrence, and $250,000 property damage. These limits can be reached either with a commercial automobile liability insurance policy alone, or with a combination of a commercial automobile liability insurance policy and an umbrella insurance policy and/or a commercial automobile liability insurance policy and an excess insurance policy. If the policy only covers certain vehicles or types of vehicles, such as scheduled autos or only hired and non-owned autos, Contractor shall only use those vehicles that are covered by its policy in connection with any work performed under this Agreement.

6. Contractor shall obey all federal, state, county, and municipal laws, ordinances, regulations, and rules applicable to its operations. Said laws include, but are not limited to, the Equal

Employment Opportunity laws, the Fair Labor Standards Act, Occupational Safety & Health

Administration (OSHA) laws, Family Medical Leave Act (FMLA), the Americans with Disabilities

Act (ADA), and the Utah Immigration Accountability and Enforcement Act. Any violation of applicable law shall constitute a breach of this Agreement and Contractor shall hold City harmless from any and all liability arising out of, or in connection with, said violations including any attorney's fees and costs incurred by City as a result of such violation.

7. City may terminate this Agreement for any reason, and without any liability therefor, upon giving Contractor 30 days prior written notice. Such notice shall be sent to the last known address of Contractor.

8. City may, without prejudice to any right or remedy, and without the necessity of giving the 30 day notice provided in paragraph 7 above, terminate this Agreement for cause in the event

Contractor fails to fulfill, in a timely or satisfactory manner, any of the terms and conditions set forth in this Agreement and fails to cure such failure within seven days after written notice from City of such failure.

9. If this Agreement is terminated as provided herein, City shall pay Contractor on the basis of actual services satisfactorily performed as calculated by City.

10. Contractor, for itself, its successors and assigns, as part of the consideration provided under this agreement, covenants that no person shall be excluded from participation in, denied the benefits of, or be otherwise subject to unlawful discrimination in the furnishing of services hereunder on the grounds of race, color, national origin, age, sex, religion, disability, sexual orientation or gender identity, unless the characteristic in question is a bona fide occupational qualification.

11. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY

OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES.

Contractor 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

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 City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code.

12. GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT. City is subject to the requirements of the Government Records Access and Management Act, Chapter 2, Title

63G, Utah Code Annotated or its successor (“GRAMA”). All materials submitted by Contractor pursuant to this Agreement are subject to disclosure unless such materials are exempt from disclosure pursuant to GRAMA. The burden of claiming an exemption from disclosure shall rest solely with

Contractor. Any materials for which Contractor claims a privilege from disclosure shall be submitted marked as “Business Confidential” and accompanied by a concise statement of reasons supporting

Contractor's claim of business confidentiality. City will make reasonable efforts to notify Contractor of any requests made for disclosure of documents submitted under a claim of business confidentiality.

Contractor may, at Contractor’s sole expense, take any appropriate actions to prevent disclosure of such material. Contractor specifically waives any claims against City related to disclosure of any materials required by GRAMA.

13. If work is performed at City’s Department of Airports, the articles in Exhibit “C”

(Terms and Conditions Department of Airports) shall apply.

14. Contractor is not an employee of City for any purpose whatsoever. Contractor is an independent contractor at all times during the performance of the services specified herein.

15. All notices shall be directed to the following addresses:

City: Salt Lake City Corporation

Attn.: City Contracts Administrator, Purchasing

(For U.S. Postal Service delivery)

P.O. Box 145455

Salt Lake City, UT 84114-5455

Or:

(By E-mail)

SLCPurchasing@slcgov.com

With a copy to:

City: Salt Lake City Corporation Fleet Management

Attn.: Warehouse Supervisor

(For U.S. Postal Service delivery)

P.O. Box 145542

Salt Lake City, UT 84114-5542

-OR-

fleetadmin@slcgov.com

Contractor: Ø

Attention:

16. This Agreement may be assigned by either party but only with the prior written consent of the other party.

17. Contractor's obligations are solely to City and City’s obligations are solely to

Contractor. This Agreement shall confer no third party rights whatsoever.

mailto:SLCPurchasing@slcgov.com

18. Contractor certifies that it is not presently nor has ever been debarred, suspended, proposed for debarment, or declared ineligible by any governmental department or agency, whether international, national, state, or local. Contractor must notify City’s Contracts Administrator within thirty (30) days if Contractor has been debarred, suspended, proposed for debarment, declared ineligible, or involuntarily excluded from participation in any contract by any governmental entity during this Agreement.

19. This Agreement embodies the entire Agreement between the parties relating to the subject matter of this Agreement and shall not be altered except in writing signed by both an authorized representative of Contractor and by City’s Mayor or the Mayor’s designee. The terms of this Agreement shall supersede any additional or conflicting terms or provisions that may be set forth or printed on Contractor’s work plans, cost estimate forms, receiving tickets, invoices, or any other related standard forms or documents of Contractor that may subsequently be used to implement, record, or invoice services hereunder from time to time, even if such standard forms or documents have been signed or initialed by a representative of City. The intent of the parties is that the terms of this Agreement shall prevail in any dispute between the terms of this Agreement and the terms printed on any such standard forms or documents, and such standard forms or documents shall not be considered written amendments of this Agreement.

20. This Agreement shall be enforced in and governed by the laws of the state of Utah.

(Signature page follows)

The parties are signing this Agreement as of the date stated in the introductory clause.

ATTEST AND COUNTERSIGN

City Recorder

APPROVED AS TO FORM

Salt Lake City Attorney’s Office

Sign:

Name:

Senior City Attorney

SALT LAKE CITY CORPORATION

By:

Title:

Ø

By:

Name:

Title:

EXHIBIT “A”

SCOPE OF WORK

I. GENERAL

A. Contractor, even if doing business under an assumed name, i.e. an association, partnership, corporation, or otherwise, shall be registered with the Utah State Division of Corporations and Commercial Code.

NOTE: Forms and information on how to get registered may be obtained by calling

(801) 530-4849 or by accessing www.corporations.utah.gov.

B. Contractor shall assume full responsibility for damage to City property caused by

Contractor's employees or equipment as determined by designated City personnel.

C. Contractor shall be solely responsible for the safety of Contractor's employees and others relative to Contractor's work, work procedures, material, equipment, transportation, signage, and related activities and equipment.

D. Contractor shall possess and keep in force all licenses and permits required to perform services under this Agreement.

E. No guarantee of the actual service/product requirement is implied or expressed by this

Agreement. Service requirements shall be determined by actual need.

II. RESPONSIBILITIES OF CONTRACTOR

The responsibilities of Contractor include, but shall not be limited to, the following.

A. Contractor shall provide all necessary parts, materials, equipment, shop facilities, and qualified personnel to perform repairs and rebuilds on a variety of types, sizes, and brands of hydraulic cylinders, air-over hydraulic cylinders, hydraulic pumps, motors, and other related items. Any parts, components or replacement items purchased under this Agreement, that are not original equipment manufacturer (OEM), shall meet or exceed OEM specifications.

1. Contractor shall deliver in-stock items, to specified City facility, within the same business day the verbal or written request was made, provided the order is placed prior to 12:00 PM Mountain Standard Time (MST). The City reserves the right to pick up items from Contractor on an as-needed basis. (This paragraph subject to change depending on selected Bidders response.)

2. In the event an item is not in stock or needs to be special ordered Contractor shall inform City and special orders shall be placed as needed by City. In the event the

City requests expedited delivery any extra shipping charges shall be approved by

City before the order is placed. City shall be responsible for any pre-approved expedited shipping charges.

B. Contractor shall repair and/or rebuild domestic and foreign made cylinders and valves, both hydraulic and air operated.

1. After notification, written or verbal, of services needed by City, Contractor shall pick up items to be repaired, perform diagnosis, and provide a quote to City for repairs within a reasonable timeframe of original notification.

2. Contractor shall repair and/or rebuild the following hydraulic components of various brands, sizes, applications, and types. Repairs shall pass performance evaluation before being returned to City and include documented pressure and flow bench testing. Rebuilt/repaired cylinders shall be clearly marked so they can be easily identified for warranty purposes.

a. Hydraulic pumps

b. Hydraulic motors

c. Hydraulic transmissions and hydrostatic drive pumps and motors

d. Hydraulic cylinders (including but not limited to single acting, double acting, single and multi-stage, pilot pressure operated to include interlock valving, etc.)

e. Hydraulic control valves

3. With prior authorization from City personnel, Contractor shall re-chrome the piston rod and bore within seven (7) business days.

4. Contractor shall notify designated City personnel whenever the repair and/or rebuilding of a part will exceed approximately one third (1/3) the cost of a new replacement part. If hydraulic components are not able to be serviced or rebuilt

Contractor will provide City with digital photos of the non-repairable part, a quote and estimate lead time for a new component within 24 hours of diagnosis of component. City may request Contractor dispose of components that are not able to be repaired.

5. In the event Contractor finds additional work is needed while performing repairs, Contractor shall provide revised quote and receive City approval prior to performing additional work.

6. If hydraulic components are unable to be rebuilt or repaired and a new component is no longer available Contractor must have the ability to either fabricate, or outsource for fabrication, of components as needed.

C. Contractor shall assist City personnel in diagnosis of special and unusual problems at the City Facility.

D. Contractor shall provide services to City on an emergency repair priority, to mitigate downtime to City assets and equipment.

1. Contractor shall pick up hydraulic components within a reasonable time frame of notification from City personnel. In the event Contractor is not able to pick up components in a reasonable time frame, Contractor shall notify City so City personnel can make other arraignments as needed.

2. When applicable Contractor shall repair and return hydraulic components, and related items, to City within a reasonable timeframe on initial pick up.

3. Contractor shall notify designated City personnel, as soon as possible, in the event a component will not be able to be rebuilt or repaired and returned within a reasonable timeframe of being picked up. In this circumstance the City shall have the option to pick up the component and solicit another Contractor to have the work completed.

E. Upon request from City personnel, Contractor shall source OEM parts, components, or full replacements. All full replacement components shall be new and new rebuilt/remanufactured, unless rebuilt/remanufactured is specifically requested by City.

F. Contractor shall provide sufficient personnel to accomplish the required services as scheduled. All personnel shall be skilled, and maintain any and all certifications required, for the various tasks assigned to them.

G. Contractor warrants that products and services furnished, to the extent the resulting work product, conform to the OEM requirements, and are of good merchantable quality and suitable for the purpose intended.

H. Upon request from City, Contractor agrees to provide annual reports to City showing all purchases made under this agreement. Reports will show City department name, part numbers, part descriptions, unit prices and extended amounts paid for all orders. Report shall also show the total dollar amount of expenditures for each City department for the year if more than one department is using the Agreement.

City may, at any time, audit invoices for purchases made by City from Contractor under this Agreement.

III. DISCLOSURE OF CITY RECORDS

Because City shall own the documents generated by Contractor pursuant to this Agreement, Contractor shall not, without written approval by City, disclose publicly said records.

IV. SAMPLES

Upon request by the designated representative of City, Contractor shall provide samples of all materials intended for use for prior approval.

EXHIBIT “B”

PRICE SCHEDULE

I. GENERAL

A. Prices stated 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. No other charges shall be allowed. All prices and fees are stated in U.S. dollars.

B. City is exempt from sales, use, and federal excise taxes on these products and services.

Exemption certificates shall be furnished upon request.

C. Prices stated shall be firm for the first year of this Agreement. Requests for price adjustment thereafter shall follow the requirements specified in Paragraph III, Price

Adjustment. Any stated discount percentages shall be firm for the full term of this

Agreement, including any renewal terms.

II. PRICING

This section to be completed upon conditional selection of Contractor. Please submit all pricing in Attachment “B” Cost Sheet.

III. PRICE ADJUSTMENT.

Prices stated are firm for the first year of this Agreement, after which price adjustments may be made annually. Any request for a price adjustment shall be made at least 30 days before the beginning date of each successive year of the Agreement. Contractor may calculate and make a written request to City that the prices be increased by the lesser of three percent (3%) or the percentage increase, if any, in the latest published Consumer Price Index, All Urban Consumers

(CPI-U), “US City Average” published by the Bureau of Labor Statistics of the US Federal

Government for the most recent twelve (12) month period, and City shall respond to such request. Price adjustment requests received at least 30 days before the beginning date of any subsequent contract year may become effective on the beginning date of the next contract year and price adjustment requests received fewer than 30 days before the beginning date of the next contract year may, at City’s discretion, become effective 30 days after City’s receipt of the price adjustment request. If publication of said CPI index should cease, such percentage increase shall be determined by reference to a similar index, or as agreed upon by the parties.

Contractor shall send all requests for price adjustment to the City Contracts Administrator at the address listed in Section 15 (Notices) of this Agreement.

IV. INVOICING AND PAYMENT

City shall pay Contractor for all products and services provided by Contractor pursuant to this

Agreement. Contractor shall submit a written invoice, for services rendered and City shall pay the invoiced fee within thirty (30) days after receipt of the invoice by City. Contractor shall list the City contract number on all invoices, quotes, correspondence, and documentation relating to this contract.

Salt Lake City prefers a paperless invoice and payment process. Include the contract number on all invoices. Contractor shall get email, or physical, address from City personnel placing the order and send invoices to stated address.

(eft payment setup forms may be requested using this email address: ap.payments@slcgov.com.

mailto:ap.payments@slcgov.com

EXHIBIT “C”

SALT LAKE CITY DEPARTMENT OF AIRPORTS TERMS AND

CONDITIONS

DEPARTMENT OF AIRPORTS

1. CITY’S RIGHT TO DO WORK. No provision in this Agreement shall relieve

Contractor of the responsibility for negligence, faulty materials or faulty work. Contractor shall, within twenty-four hours’ notice (either verbal or in accordance with formal written procedure) by

City, commence to perform any corrective work required by said designee, unless work to be performed interferes with a function of the Airport in which case the City shall assign the time the work is to be accomplished. If Contractor should neglect to perform the work properly in accordance with this paragraph or fail to perform any provisions of this Agreement, the City, after twenty-four hours’ notice (either verbal or in accordance with formal written notice procedure) to Contractor, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from any payment due Contractor. In cases of emergency, as determined by City, after delivery of notice (either verbal or in accordance with formal written notice procedure) to Contractor, may perform such work or contract the work without delay and may deduct the cost thereof from any payment due Contractor.

2. SAFETY. Contractor shall take all necessary safety precautions and comply with all applicable provisions of federal, state, and any other applicable laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where Contractor’s work is being performed. The City may stop work if safety laws or safe work practices are not being observed.

3. FAA SUBORDINATION CLAUSE. This Agreement and all provisions hereof are subject and subordinate to the terms and conditions of any existing or future agreement entered into between City and the United States of America for the improvement or operation and maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the transfer of federal rights or property to City for Airport purposes, or the expenditure of federal funds or passenger facility charges for the improvement or development of the Airport. The Agreement will be subject to any ordinances, rules or regulations which have been, or may hereafter be, adopted pertaining to the Airport. If the Federal Aviation Administration or Transportation Security

Administration or their successors require modifications or changes in this Agreement as a condition precedent to the granting of funds for the improvement of the Airport, or otherwise, Contractor agrees to consent to such amendments, modifications, revisions, supplements, or deletions as they may affect any of the terms, conditions or requirements of this Agreement, as may be reasonably required.

4. TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND

AUTHORITIES. During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

A. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252)

(prohibits discrimination on the basis of race, color, national origin);

B. 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the

Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);

C. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

D. Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27;

E. The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.)

(prohibits discrimination on the basis of age);

F. Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex);

G. The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of

1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms

“programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

H. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131

– 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;

I. The Federal Aviation Administration’s Nondiscrimination statute (49 USC §

47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

J. Executive Order 12898, Federal Actions to Address Environmental Justice in

Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

K. Executive Order 13166, Improving Access to…