1-(2025.09.08) FY 2026 SLURRY SEAL Contract Documents.pdf

CITY OF AMERICAN FORK CONTRACT DOCUMENTS

FY 2026 Slurry Seal Project

ST2026002

September 2025

PREPARED BY:

City of American Fork

Engineering Division

275 East 200 North

American Fork, UT 84003

FY 2026 Slurry Seal Project ST2025003

SECTION 00020

TABLE OF CONTENTS

BIDDING REQUIREMENTS, CONTRACT FORMS, AND

CONDITIONS OF THE CONTRACT

Sections Pages

BIDDING REQUIREMENTS

00030 Advertisement for Bids 00030-1 - 00030-1 00100 Instruction to Bidders 00100-1 - 00100-2 00300 Bid Form 00300-1 - 00300-1 00310 Bid Schedule 00310-1 - 00310-1 00320 Measurement and Payment 00320-1 - 00320-4 00330 Bid Bond 00330-1 - 00330-1 00400 Contractor Qualification Form 00400-1 - 00400-3

CONTRACT FORMS

00500 Agreement 00500-1 - 00500-5 00610 Performance Bond 00610-1 - 00610-2 00620 Payment Bond 00620-1 - 00620-2 00630 Notice of Award 00630-1 - 00630-1 00640 Notice to Proceed 00640-1 - 00640-1 00650 Work Change Directive 00650-1 - 00650-2 00660 Change Order Form 00660-1 - 00660-1

CONDITIONS OF THE CONTRACT

00700 General Conditions 00700-1 - 00700-12

TECHNICAL SPECIFICATIONS

00 73 00SP Supplemental Conditions 00 73 00SP-1 - 00 73 00SP-2 01 11 00SP Summary of Work 01 11 00SP-1 - 01 11 00SP-2

PROJECT EXHIBITS

Site Map

TECHNICAL SPECIFICATIONS BY REFERENCE

American Fork City Standard Specifications and Drawings American Public Works Association Manual of Standard Specifications (2025)

SECTION 00030

ADVERTISEMENT FOR BIDS

American Fork City Department of Public Works 275 East 200 North American Fork, UT 84003

INTRODUCTION: American Fork City Public Works is soliciting bids from qualified contractors to perform FY 2026 Slurry Seal Project in the City of American Fork.

DESCRIPTION OF WORK: The WORK includes provide public notice, sweeping, cleaning and treatment of existing surface, slurry seal, protection of valves and manholes, and re-strip pavement marking. A total of approx. 400,000 Square Foot of the paved area.

SITE OF WORK: The site of the WORK is shown in the exhibit at the end of this document. No work shall be done on 700 S and 910 S

Bids for this project will be received electronically through the Utah Public Procurement Place (U3P)/Euna website until October 01, 2025, at 12:00 p.m. local time. At that time the Bids received will be privately opened and read.

Information and Bidding Documents for the Project can be found at the following designated website: https://utah.bonfirehub.com/portal/?tab=openOpportunities.

Prospective bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. Only the designated website will have official notifications and Bidding Documents and will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. Neither Owner nor Engineer will be responsible for Bidding Documents, including Addenda, if any, obtained from sources other than the designated website.

Date Ben Hunter, City Engineer

Date Sam Kelly, Public Works Director

Published at: https://utah.bonfirehub.com

09/08/2025

09/08/2025

PROJECTED SCHEDULE FOR THE RFP PROCESS

The anticipated schedule is as follows. American Fork City reserves the right to modify the following schedule at their discretion. Any change to the Proposal Due Date will be updated on Utah Public Procurement Place U3P, https://utah.bonfirehub.com/portal/?tab=openOpportunities

Activity Date

Final Day to Submit Questions September 18, 2025 @12:00 pm

Proposal Due Date October 01, 2025, 2025 @ 12:00 pm

Notice of Intent to Award By October 09, 2025

City Council Acceptance of Award October 14, 2025

Notice of Award By October 16,2025

Anticipated Notice to Proceed By October 24, 2025

Substantial Completion Date October 1,2026

Completion of All Work October 15,2026

SECTION 00100

INSTRUCTION TO BIDDERS

SUBMISSION OF BIDS: BIDS will be received by the CITY OF AMERICAN FORK, herein called the "OWNER", electronically submitted using U3P/Euna/ https://utah.bonfirehub.com/projects until October 01, 2025, 2025, and read privately.

Each BID must be submitted electronically on U3P/Euna If submitted electronically ensure the name of the project is clearly marked on the bid submittal sheets.

All BIDS must be made on the required BID form. All blank space for BID prices must be completed in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required. CONTRACTOR to complete the Contractor Qualification Form.

The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within/after the actual date of the bid opening.

1. BONDS: Each BID must be accompanied by a BID BOND payable to the OWNER for five percent of the total amount of the BID. This must be submitted electronically if submitting using Euna. As soon as the BID prices have been compared, the OWNER will return the BONDS of all except the three lowest responsible BIDDERS. When the Agreement is executed, the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the payment BOND and performance BOND have been executed and approved, after which it will be returned. A certified check may be used in lieu of a BID BOND.

A performance BOND and a payment BOND, each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the faithful performance of the contract. Attorney's-in-fact who sign BID BONDS or payment BONDS and performance BONDS must file with each BOND a certified and effective dated copy of their power of attorney.

2. INTERPRETATIONS: BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID Schedule by examination of the site and a review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done.

The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the contract.

3. DISQUALIFICATION OF BIDDERS: The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK specified therein. A conditional or qualified BID will not be accepted.

Award will be made to the lowest responsible BIDDER.

All applicable laws, ordinances, rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout.

Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID.

4. NOTICE OF AWARD: The successful BIDDER will be required to execute the Agreement and obtain the performance BOND and payment BOND within ten (10) calendar days from the date the NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms. In case of failure of the BIDDER to execute the Agreement, the OWNER may at his option consider the BIDDER in default, in which case the BID BOND shall become the property of the OWNER.

The OWNER within ten (10) days of receipt of acceptable performance BOND, payment BOND and Agreement signed the successful bidder shall sign the Agreement and return an executed duplicate of the Agreement to the successful BIDDER. Should the OWNER not execute the Agreement within the specified time period, the BIDDER may, by WRITTEN NOTICE, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER.

5. NOTICE TO PROCEED: The NOTICE TO PROCEED shall be issued following acceptance of the NOTICE OF AWARD, and upon completion of the mandatory preconstruction meeting. The preconstruction meeting will not be scheduled until the PERFORMANCE BOND and PAYMENT BOND are in place. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual Agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period after NOTICE OF AWARD and the preconstruction meeting or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party. The low BIDDER shall supply the names and addresses of major material SUPPLIERS and SUBCONTRACTORS when requested to do so by the OWNER. Further, the BIDDER agrees to abide by the Federal requirements for Equal Opportunity if required.

6. COMPETENCY OF BIDDERS: The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the WORK. In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the WORK covered by the Bid. To this end, each BID shall be supported by a statement of the Bidder's experience as of recent date on the form entitled "INFORMATION REQUIRED OF BIDDER;

bound herein. No BID for the WORK will be accepted from a CONTRACTOR who does not hold a valid CONTRACTOR's license in the State where the WORK is to be performed (if required by the State) applicable to the type of work bid upon at the time of opening Bid.

7. TRAFFIC CONTROL: all traffic control plans shall be approved by the city a week before work and announce the notice to the public at least 5 days before the work or as directed at the pre-construction meeting.

SECTION 00300

BID FORM

BID

1. Proposal of (hereinafter called "BIDDER"), organized and existing under the laws of the State of Utah doing business as

* , to the CITY OF AMERICAN FORK (hereinafter called "OWNER").

2. In compliance with your advertisement for BIDS, BIDDER herein proposes to perform all WORK for the construction of FY 2026 Slurry Seal Project in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below.

3. By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies that this BID has been arrived at independently without consultation, communication or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

4. BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to substantially complete the PROJECT by October 01, 2025 unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. BIDDER further agrees to pay, as liquidated damages, the sum of $1,000.00 for each consecutive calendar day thereafter as provided in Section 15 of the General Conditions.

5. BIDDER acknowledges receipt of the following ADDENDUM:

6. BIDDER agrees to perform all work described in the CONTRACT DOCUMENT for the following unit prices which shall reflect all in-place final costs by the BIDDER to the OWNER:

*Insert "a corporation", "a partnership", or "an individual" as applicable.

00310

BID SCHEDULE

NOTE: BIDS shall include sales tax and all other applicable taxes and fees. A total contract AMOUNT shall be entered for each item and shall be the product of the number under UNIT times the UNIT PRICE unless the units are a lump sum whereby the AMOUNT shall also reflect the lump sum price. AMOUNT column shall be totaled as indicated below.

Line Item #

Item Description Qty Unit Unit Price Total Price

1 Mobilization 1 LS

2 Traffic Control 1 LS

3 Erosion Control & SWPPP 1 LS

4 Asphalt Slurry (Type II) 400,000 SF

5 Surface Cleaning 400,000 SF

6 12” White Pavement Paint Line 400 LF

Contractor Total Bid Price: $

00320

MEASUREMENT AND PAYMENT

Bid Items

1. Mobilization – Lump Sum

A. Inclusion (not limited to): Payment covers costs of mobilization, demobilization, installation of temporary facilities, scheduling processes required per project specifications, conforming to all applicable local, state and federal requirements, moving on the site and off the site any equipment required for operations, providing on-site sanitary facilities and potable water facilities as specified, arranging for and erection of CONTRACTOR's work and storage yard, CONTRACTOR and Subcontractor insurance and bonds, and project closeout.

B. Clarifications: The Bid price covers cost of mobilization, demobilization, installation of temporary facilities, bringing all necessary construction equipment to site, etc. The OWNER will not be held responsible to contact or coordinate with the utility owners for construction of the proposed improvements.

C. Basis of Payment: Will be made on a percentage of the LUMP SUM basis as follows:

Percent of Original Contract

Amount Earned Percent of Amount Bid for

Mobilization to be Paid 5% 40%

35% 20% 50% 30% 70% 10%

D. Payment shall be made at the contract unit price from Bid Item as stated on the Bid Form.

2. Traffic Control – Lump Sum

A. Inclusion (not limited to): This item will be compensation in full for preparation of an approved Traffic Control Plan and furnishing all labor, materials, tools, equipment and incidentals and doing all work necessary to implement and maintain the traffic control as shown on the plan and as specified, flagging, furnishing, installing and moving all traffic control devices. This item shall also include public notice/maintaining safe access to all residences and businesses and notices to property owners with at least 96 hours’ notice for any impacts to their services. Payment also includes permits, UDOT Encroachment permit/bond/fees for work under UDOT Right-of-Way that Contractor shall secure, Certified Flaggers, Traffic Control Technicians and temporary signing and striping throughout construction. The traffic control shall meet MUTCD Standards. This item also includes the cost of coordinating striping with the City and leaving the traffic control and/or tabbing in place until the final striping is placed.

B. Basis of Payment: Percentage of the LUMP SUM basis as follows:

Payment Amount Paid When Paid First 25% of the bid amount With first pay request

Second Remaining portion of bid item paid as a percentage of the contract completed

With each pay request

C. Payment shall be made at the contract unit price from Bid Item as stated on the Bid Form.

3. Erosion Control & SWPPP – Lump Sum

A. Inclusion (not limited to): Preparing and implementing an approved Storm Water Pollution Prevention Plan that complies with all Federal, State, local laws and regulations.

B. Clarifications: Such payment will be compensation in full for furnishing all materials, labor, equipment, tools, and incidentals necessary to establish adequate sediment and erosion control, implement Best Management Practices (BMPs) for the protection of waterways from sediment laden runoff due to construction activities, and dust and mud control. This item shall include installation, maintenance and removal of sediment fencing, waddles, inlet protection, construction entrance, stockpile protection, port-a-johns, orange barrier fence, etc. This item shall include appropriate dewatering procedures per State of Utah requirements. Such payment shall also include any additional measures necessary to ensure State (UPDES) and Federal (NPDES) compliance for BMP for storm water protection. Prepared plan shall meet the requirement of the City’s current Storm Water Management Plan. The plan also incorporates Best Management Practices to prevent hazardous material releases by segregating wastes, providing secondary containment and having spill kits and absorbents on hand. Dust and Mud Control shall include a UPDES storm water permit and fugitive dust control plan.

C. Basis of Payment: Percentage of the LUMP SUM basis as follows:

Payment Amount Paid When Paid

First 25% of the bid amount With first pay request Second Remaining portion of bid item paid as a percentage of the contract completed With each pay request

4. Asphalt Slurry Type II (APWA 32 01 13.61) – Square Foot

A. Inclusion (not limited to): All materials, equipment and labor required to properly place the slurry seal in accordance with the plans and specifications. Costs associated with utility lid and concrete collar protection during installation of the slurry seal shall be included in the unit price of the slurry seal and is considered incidental to the installation of the slurry seal. The City is considering a storage location within City-owned property for use during the project. The exact location will be identified either during the pre-construction meeting or provided by the designated City representative at the outset of the project.

B. Clarifications: All materials shall be approved by the city two weeks prior construction.

C. Basis of Payment: Will be made on a PER SQUARE FOOT basis.

5. Surface Cleaning – Square Foot

A. Inclusion (not limited to): All labor, equipment, materials, hauling, etc. required to properly clean the existing asphalt surfaces prior to placing the slurry seal on the asphalt surface in accordance with the plans, specifications and Engineer's instructions. Possible brush edger removal of wide cracks.

B. Clarifications: The Contractor will be paid for ONE cleaning only of each street, and he shall be responsible for all costs involved in re-cleaning any streets or portions of streets deemed unfit for subsequent slurry sealing operations, whether or not the necessity of re-cleaning the street is due to the Contractor's inattention to detail or neglect; to natural

(climatic) effects; or caused by the public.

C. Pay Limits: Measurement of this item shall be by the square foot of existing pavement actually cleaned in accordance with the plans and specifications and the engineer's instructions.

D. Basis of Payment: Will be made on a PER SQUARE FOOT basis.

6. 12” White Pavement Paint Line – Linear Foot

A. Inclusion (not limited to): cover the cost of all labor, materials, equipment and tools to complete this item. Paint shall be installed at existing locations, as shown on the plans, or as directed by the ENGINEER or city representative

B. Basis of Payment: Will be made on a PER LINEAR FOOT basis.

Respectfully submitted:

Contractor Name Telephone Number

License Address

Signature City, State & Zip

Title..... Date

Federal I.D. Number

(SEAL - if BID is by a corporation)

Attest:

Section 00350

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, , as Principal, and as Surety, are hereby held and firmly bound unto the CITY OF AMERICAN FORK as OWNER in the penal sum for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assign. Signed, this day of , 2025. The Condition of the above obligation is such that whereas the Principal has submitted to the CITY OFAMERICAN FORK a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the construction of FY 2026 Slurry Seal Project.

NOW, THEREFORE,

(a) If said BID shall be rejected, or

(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contact, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed an these presents to be signed by their officers, the day and year first set forth above.

(L.S.)

Principal

Surety

By:

IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

Section 00400

CONTRACTOR QUALIFICATION FORM

The Bidder shall furnish the following information. Additional sheets shall be attached as required. Failure to complete Item Nos. 1, 2 and 6, will cause the bid to be non-responsive and may cause the bid to be non- responsive and may cause its rejection. In any event, no award will be made until all the Bidder's General Information (i.e., items 1 through 6, inclusive) is delivered to the OWNER.

1. CONTACT INFORMATION:

Contractor Name:

Address:

Telephone Number:

2. LICENSE: A copy of your current Utah State Contractors License must be attached.

3. INSURANCE: Attach a Certificate of Insurance from your insurance company.

Minimum amount of insurance under General Liability are as follows:

General Liability: $2,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If the General Liability Insurance has a general aggregate limit, either the general aggregate limit shall be $4,000,000.00 or the general aggregate limit shall apply separately to this Agreement/Project, pursuant to a policy endorsement. If the general aggregate limit applies separately to this agreement/project, the general aggregate limit shall be $3,000,000.00.

Automobile Liability: $2,000,000.00 combined single limit per accident for bodily injury and property damage.

The Certificate of Insurance must include an additional insured endorsement. Blanket additional insured endorsements are usually acceptable. If not using a blanket additional insured endorsement, the additional insured endorsement must list the following as additional insureds:

“THE CITY OF AMERICAN FORK, ITS’ ELECTED AND APPOINTED OFFICIALS,

OFFICERS, EMPLOYEES AND VOLUNTEERS.” Certificates without additional insured endorsements will not be accepted.

Workers' Compensation and Employers Liability: Workers' compensation limits s required by Utah State Law and Employer's Liability Limits of $1,000,000.00 per accident or as required by Section 21 of the General Conditions.

Please NOTE the following is part of the contract: The CITY, its officers, officials, employees and volunteers shall be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of CONTRACTOR, including the insured’s general supervision of CONTRACTOR; products and completed operations of CONTRACTOR;

premises owned, occupied or used by CONTRACTOR; or automobiles owned, leased, hired or borrowed by CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to the OWNER, its officers, officials, employees or volunteers. The applicant shall hold harmless, indemnify and defend the City of American Fork from any liability claims, losses or damages arising or alleged to arise from the work covered by any permit but not including the sole negligence of the City of American Fork.

4. CONSTRUCTION SUPERINTENDENT: Attach to this Bid the experience resume of the person who will be designated chief construction superintendent or on-site construction manager.

5. FINANCIAL STATEMENT: Attach to this Bid a financial statement, references, and other information, sufficiently comprehensive to permit an appraisal of CONTRACTOR's current financial condition.

6. RECENT PROJECTS: Attach to this Bid three projects completed as of recent date involving work of a similar type and complexity:

RECENT PROJECTS

1) Project:

Contract Price:

Reference: Name:

Address:

Telephone Number:

2) Project:

Reference: Name:

3) Project:

Reference: Name:

Section 00500

AGREEMENT

THIS AGREEMENT, is executed in duplicate this day of , 2025 by and between the CITY OF AMERICAN FORK, a municipal corporation and political subdivision of the State of Utah, with its principal offices located at 275 East 200 North, American Fork, Utah

84003 (hereinafter referred to as the "CITY"), and , a , with its principal offices located at

, (hereinafter referred to as "CONTRACTOR").

RECITALS

WHEREAS the CITY has set forth specifications and criteria for the construction of project number ST2026002, FY 2026 Slurry Seal Project, which shall hereinafter be referred to as the

"PROJECT"; and

WHEREAS the CITY has solicited bids for the construction of the PROJECT pursuant to City ordinances and State statutes; and

WHEREAS the CITY has accepted CONTRACTOR's bid to construct the PROJECT in conformance with all CITY requirements.

COVENANTS

NOW, THEREFORE, in consideration of the mutual covenants of the parties as hereinafter set forth, the CITY and the CONTRACTOR mutually agree as follows:

1. Contract Documents. The CONTRACTOR agrees to complete the PROJECT as specified in the following documents, which shall hereinafter be collectively referred to as the

"CONTRACT DOCUMENTS":

00030 Advertisement for Bids 00100 Instruction to Bidders 00300 Bid Form 00310 Bid Schedule 00320 Measurement and Payment 00350 Bid Bond 00400 Contractor Qualification Form 00500 Agreement 00610 Performance Bond

00620 Payment Bond 00630 Notice of Award 00640 Notice to Proceed 00650 Field Order 00660 Change Order Form 00700 General Conditions

Utah APWA 2025 and the City of American Fork Supplemental Specifications Specifications prepared or issued by the City of American Fork, dated September 2025 Addenda:

No. ____, Dated _______________________________

No. ____, Dated _______________________________

No. ____, Dated _______________________________

No. ____, Dated _______________________________

The CONTRACTOR acknowledges receipt of each of the above CONTRACT DOCUMENTS and each is hereby incorporated in and made an integral part of this Agreement, as if fully set forth herein. Any reference to "the AGREEMENT" or "this AGREEMENT" includes all of the CONTRACT DOCUMENTS. The definitions contained in the GENERAL CONDITIONS shall be used in interpreting this AGREEMENT.

2. Payment. The CITY agrees to pay the CONTRACTOR for the proper and timely completion of the PROJECT in accordance with all of the CONTRACT DOCUMENTS. The actual amount paid shall depend on WORK actually performed and shall be based on the unit prices and bid amounts set forth in the BID SCHEDULE. The CONTRACTOR shall not be entitled to any contingency amounts listed in the BID or BID SCHEDULE without a written change order from the CITY.

A. CITY shall pay CONTRACTOR through Automated Clearing House (ACH) payments. CONTRACTOR shall complete the ACH request form furnished by the CITY to authorize payment. Any other method of payment must be approved by the CITY and negotiated before payment is requested.

3. Liquidated damages. Time deadlines for the completion of the PROJECT are material terms of this AGREEMENT and the CONTRACTOR agrees to pay liquidated damages of $1,000.00 to the CITY for each calendar day that the substantial completion date of the PROJECT exceeds the scheduled completion date of the PROJECT. The liquidated damages shall be assessed as provided in Section 15 of the GENERAL CONDITIONS, and may be used to offset the amount that the CITY is required to pay the CONTRACTOR pursuant to this

AGREEMENT.

4. Applicable Laws. The CONTRACTOR agrees to comply with and be bound by each of the following laws, regulations and guidelines. The CONTRACTOR acknowledges that he is familiar with each of these laws, regulations and guidelines, and that each of them constitutes a material provision of this AGREEMENT. CONTRACTOR's failure to comply with any of the following laws, regulations and guidelines shall be deemed a material breach of this

AGREEMENT.

A. CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin, and shall comply with all Federal, State and CITY laws and regulations governing equal opportunity.

B. CONTRACTOR shall comply with all provisions of Executive Order No. 14173 of January 21, 2025, as amended, and all applicable rules, regulations, and orders issued by the Secretary of Labor.

C. CONTRACTOR shall comply with the Copeland (Anti Kick-back) Act, which prohibits the CONTRACTOR from inducing any person employed in the PROJECT to give up any part of the compensation to which such person is otherwise entitled.

D. CONTRACTOR shall comply with all applicable Federal, State and CITY clean air and clean water laws or regulations, including the standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401 et seq.) and the Clean Water Act (33 U.S.C.

§ 1251 et seq.).

E. CONTRACTOR shall comply with all applicable Federal, State and CITY laws and regulations relating to the handling, treatment or disposal of hazardous materials.

5. Books, Documents and Records. The CONTRACTOR shall maintain books, records, documents, and other evidence directly pertinent to the PROJECT, in accordance with accepted and appropriate accounting procedures and practices. Further, any duly authorized representatives of the CITY, the State of Utah or the United States Government shall have access to such books, documents and records for the purpose of making audits, examinations, excerpts and transcripts.

6. Lawful Agreement. The parties represent that each of them has lawfully entered into this AGREEMENT, having complied with all relevant statutes, ordinances, resolutions, by-laws and other legal requirements applicable to their respective operations.

7. Utah Law. This AGREEMENT shall be interpreted pursuant to the laws of the State of Utah.

8. Time of the Essence. Time shall be of the essence of this AGREEMENT.

9. Attorney's Fee. In the event that either party should be required to retain an attorney because of the default or breach of the other party or to pursue any other remedy provided by law, the non-defaulting party shall be entitled to a reasonable attorney's fee.

10. Interpretation. The invalidity of any portion of this AGREEMENT shall not prevent the remainder from being carried into effect. Whenever the context of any provision shall require it, the singular number shall be held to include the plural number, and vice versa, and the use of any gender shall include any other genders. Any paragraph or section headings in this AGREEMENT are for convenience only, and do not constitute a part of the provisions hereof.

11. Amendments. No oral modifications or amendments to this AGREEMENT shall be effective, but this AGREEMENT may be modified or amended by written agreement.

12. No Presumption. Should any provision of this AGREEMENT require judicial interpretation, the Court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party, by reason of the rule of construction that a document is to be construed more strictly against the person who himself or through his agents, prepared the same, it being acknowledged that both parties have participated in the preparation hereof.

13. Binding Effect. This AGREEMENT shall be binding upon the heirs, executors, administrators, successors, and assigns of each of the parties hereto.

SIGNED AND ENTERED INTO THIS this this day of , 202 .

CITY OF AMERICAN FORK

by David Bunker, City Administrator

ATTEST:

Terilyn Lurker, City Recorder

CONTRACTOR

STATE OF UTAH)

: ss.

COUNTY OF UTAH)

The foregoing instrument was acknowledged before me this day of , 202 by .

Notary Public (Seal)

My Commission Expires:

Residing at:

Section 00610

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a , hereafter called Principal, and (Corporation, Partnership or Individual)

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto The City of American Fork, 275 East 200 North, American Fork, Utah, 84003 hereinafter called OWNER, in the penal sum of ($_________________), in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THE OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 2025, a copy of which is hereto attached and made a part hereof for the construction of FY 2026 Slurry Seal Project.

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreement of said contract during the original term thereof, and any extensions thereof may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the

SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in (Number) counterparts, each one of which shall be deemed an original, this the day of , 202 . ATTEST:

By

(Principal Secretary) (SEAL)

Witness as to Principal Surety

Address Address

Surety Secretary (SEAL)

Witness as to Surety By: Attorney-in Fact

Address Address

NOTE: Date of BOND must not be prior to the date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located.

Section 00620

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

that , (Name of Contractor)

(Address of Contractor) a , hereinafter called Principal, and

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto The City of American Fork 275 East 200 North, American Fork, UT 84003 hereinafter called OWNER, in the penal sum of ($_________________), in lawful money of the United States, for the payment of which sum well and truly be made, we bind ourselves successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 2025 , a copy of which is hereto attached and made a part hereof for the construction of FY 2026 Slurry Seal Project.

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and the corporation furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise, to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the specifications.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in (Number) counterparts, each one of which shall be deemed an original, this the day of , 202 .

Principal Secretary

Address

Witness as to Principal

Address

Surety ATTEST:

Attorney-in-Fact

Witness as to Surety Address

NOTE: Date of BOND must not be prior to date of Contract.

If CONTRACTOR is partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

Section 00630

NOTICE OF AWARD

TO:

DATE:

PROJECT: FY 2026 Slurry Seal Project

PROJECT NUMBER: ST2026002

The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated , and Information for Bidders.

You are hereby notified that your BID has been accepted for items in the amount of

You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S PERFORMANCE BOND, PAYMENT BOND and Certificates of Insurance within ten (10) days from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of , 202 .

CITY OF AMERICAN FORK

By David Bunker, City Administrator

Receipt of the NOTICE OF AWARD is hereby acknowledged by:

this the day of , 202 .

Title

Section 00640

NOTICE TO PROCEED

TO:

DATE:

PROJECT: FY 2026 Slurry Seal Project

PROJECT NUMBER: ST2026002

You are hereby notified to commence WORK in accordance with the Agreement dated on , and you are to have Substantial Completion by October 01, 2026.

The date of completion of all WORK is October 15, 2026, unless the period for completion is extended by a properly signed and accepted CHANGE ORDER. Performance & Payment Bonds were received.

You are required to return an acknowledged copy of this NOTICE TO PROCEED to the

OWNER. CITY OF AMERICAN FORK

By Ben Hunter

City Engineer

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged by:

this the day of , 202 .

Signature

Title

Section 00650

FIELD ORDER NO. ___

Issue Date: Effective Date:

OWNER: OWNER’s Contract No.:

CONTRACTOR: CONTRACTOR’s Project No.:

ENGINEER: ENGINEER’s Project No.:

Project Name: Date of Contract:

Issued in accordance with the General Conditions Paragraph 12, CONTRACTOR is directed to proceed promptly with the following change(s):

Description:

Attachments (list documents supporting change):

Estimated Change in Contract Price and Contract Times:

Contract Price $ (increase/decrease)

Contract Time (increase/decrease)

Recommended for Approval by ENGINEER: Date

Authorized by OWNER: Date

Received by CONTRACTOR: Date

Received by Funding Agency (if applicable): Date

Section 00660

PROJECT CHANGE ORDER FORM

Effective Date: Change Order No.:

PO No.:

OWNER: OWNER’s Contract No.:

CONTRACTOR: CONTRACTOR’s Project No.:

ENGINEER: ENGINEER’s Project No.:

Project Name: Date of Contract:

Changes to be Made to the Contract Documents:

A. ORIGINAL CONTRACT PRICE

B. TOTAL OF PREVIOUS CHANGE ORDERS

C. AMOUNT OF THIS CHANGE ORDER

D. NEW CONTRACT PRICE (ADD A THROUGH C)

E. CHANGES IN CONTRACT TIME

F. NEW SUBSTANTIAL COMPLETION DATE

Signature Required for Approval:

PROJECT MANAGER: Date

CONTRACTOR: Date

ENGINEER: Date

OWNER: Date

SECRETARY: Date

Section 00700

GENERAL CONDITIONS

1. Definitions

2. Additional Instructions and Detail Drawings

3. Schedules, Reports and Records

4. Drawings and Specifications

5. Shop Drawings

6. Materials, Services and Facilities

7. Inspection and Testing

8. Substitutions

9. Patents

10. Surveys, Permits, Regulations

11. Protection of Work, Property and Persons

12. Supervision by Contractor

13. Changes in the Work

14. Changes in Contract Price

15. Time for Completion and Liquidated Damages

16. Correction of Work

17. Subsurface Conditions

18. Suspension of Work, Termination and Delay

19. Payments to Contractor

20. Acceptance and Final Payment as Release

21. Insurance

22. Contract Security

23. Assignments

24. Indemnification

25. Separate Contracts

26. Subcontracting

27. Engineer's Authority

28. Land and Rights-of-Way

29. Guaranty

30. Arbitration

31. Taxes

32. Wage Rates

33. Contingency Items

1. DEFINITIONS

1.1 Wherever used in the CONTRACT DOCUMENTS, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof:

1.2 ADDENDA - Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS. DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications or corrections.

1.3 BID - The offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the WORK to be performed.

1.4 BIDDER - Any person, firm or corporation submitting a BID for the WORK.

1.5 BONDS - Bid, Performance, and Payment Bonds and other instruments of security, furnished by the CONTRACTOR and his surety in accordance with the CONTRACT

DOCUMENTS.

1.6 CHANGE ORDER - A written order to the CONTRACTOR authorizing an addition, deletion or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing and adjustment in the CONTRACT PRICE or

CONTRACT TIME.

1.7 CONTRACT DOCUMENTS - The contract, including Advertisement For Bids, Information For Bidders, BID, Bid Bond, Agreement, Payment Bond, Performance Bond, NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDER, DRAWINGS, SPECIFICATIONS, and ADDENDA.

1.8 CONTRACT PRICE - The total monies payable to the CONTRACTOR under the terms and conditions of the CONTRACT DOCUMENTS.

1.9 CONTRACT TIME - The number of calendar days stated in the CONTRACT DOCUMENTS for the completion of the WORK.

1.10 CONTRACTOR - The person, firm or corporation with whom the OWNER has executed the Agreement.

1.11 DRAWINGS - The part of the CONTRACT DOCUMENTS which show the characteristics and scope of the WORK to be performed and which have been prepared or approved by the ENGINEER.

1.12 ENGINEER - The person, firm or corporation named as such in the CONTRACT

DOCUMENTS.

1.13 FIELD ORDER - A written order effecting a change in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during construction.

1.14 NOTICE TO AWARD - The written notice of the acceptance of the BID form the OWNER to the successful BIDDER.

1.15 NOTICE TO PROCEED - Written communication issued by the OWNER to the CONTRACTOR authorizing him to proceed with the WORK and establishing the date of commencement of the WORK.

1.16 OWNER - A public or quasi-public body or authority, corporation, association, partnership, or individual for whom the WORK is to be performed.

1.17 PROJECT - The undertaking to be performed as provided in the CONTRACT

DOCUMENTS.

1.18 RESIDENT PROJECT REPRESENTATIVE - The authorized representative of the OWNER who is assigned to the PROJECT site or any part thereof.

1.19 SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a SUBCONTRACTOR, manufacturer, SUPPLIER or distributor, which illustrate how specific portions of the WORK shall be fabricated or installed.

1.20 SPECIFICATIONS - A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship.

1.21 SUBCONTRACTOR - An individual, firm or corporation having a direct contract with the CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the WORK at the site.

1.22 SUBSTANTIAL COMPLETION - That date as certified by the ENGINEER when the construction of the PROJECT or a specified part thereof is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, so that the PROJECT or specified part can be utilized for the purposes for which it is intended.

1.23 SUPPLEMENTAL GENERAL CONDITIONS - Modifications to General Conditions required by a Federal agency for participation in the PROJECT and approved by the agency in writing prior to inclusion in the CONTRACT DOCUMENTS, or such requirements that may be imposed by applicable state laws.

1.24 SUPPLIER - Any person or organization who supplies materials or equipment for the WORK, including that fabricated to a special design, but who does not perform labor at the site.

1.25 WORK - All labor necessary to produce the construction required by the CONTRACT DOCUMENTS, and all materials and equipment incorporated or to be incorporated in the

PROJECT.

1.26 WRITTEN NOTICE - Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party or his authorized representative on the WORK.

2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS

2.1 The CONTRACTOR may be furnished additional instructions and detail drawings, by the ENGINEER, as necessary to carry out the WORK required by the CONTRACT

DOCUMENTS.

2.2 The additional drawings and instruction thus supplied will become a part of the CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK in accordance with the additional detail drawings and instructions.

2.3 If other existing rules/standards impose stricter requirements, those stricter rules prevail.

3. SCHEDULES, REPORTS AND RECORDS

3.1 The CONTRACTOR shall submit to the OWNER such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data where applicable as are required by the CONTRACT DOCUMENTS for the WORK to be performed.

3.2 Prior to the first partial payment estimate the CONTRACTOR shall submit construction progress schedules showing the order in which he proposes to carry on the WORK, including dates at which he will start the various parts of the WORK, estimated date of completion of each part and, as applicable:

3.3 The dates at which special detail drawings will be required; and

3.4 Respective dates for submission of SHOP DRAWINGS, the beginning of manufacture, the testing and the installation of materials, supplies and equipment.

3.5 The CONTRACTOR shall also submit a schedule of payments that he anticipates he will earn during the course of the WORK.

3.6 DRAWINGS AND SPECIFICATIONS The intent of the DRAWINGS and

SPECIFICATIONS is that the CONTRACTOR shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the WORK in accordance with the CONTRACT DOCUMENTS and all incidental work necessary to complete the PROJECT in an acceptable manner, ready for use, occupancy or operation by the OWNER.

3.7 In case of conflict between the DRAWINGS and SPECIFICATIONS, the SPECIFICATIONS shall govern. Figure dimensions on DRAWINGS shall govern over scale dimensions, and detailed DRAWINGS shall govern over general DRAWINGS.

3.8 Any discrepancies found between the DRAWINGS and SPECIFICATIONS and site conditions or any inconsistencies or ambiguities in the DRAWINGS or SPECIFICATIONS shall be immediately reported to the ENGINEER, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk.

4. SHOP DRAWINGS

4.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for the prosecution of the WORK as required by the CONTRACT DOCUMENTS. The ENGINEER shall promptly review all SHOP DRAWINGS. The ENGINEER'S approval of any SHOP DRAWING shall not release the CONTRACTOR from responsibility for deviations from the CONTRACT DOCUMENTS. The approval of any SHOP DRAWING which substantially deviates from the requirement of the CONTRACT DOCUMENTS shall be evidenced by a CHANGE ORDER.

4.2 When submitted for the ENGINEER'S review. SHOP DRAWINGS shall bear the CONTRACTOR'S certification that he has reviewed, checked and approved the SHOP DRAWINGS and that they are in conformance with the requirements of the CONTRACT

DOCUMENTS.

4.3 Portions of the WORK requiring a SHOP DRAWING or sample submission shall not begin until the SHOP DRAWING or submission has been approved by the ENGINEER.

A copy of each approved SHOP…