1-2026.06.12 Scott Ave 100%CD Millcreek APWA Bid Docs Complete.pdf

MILLCREEK

PUBLIC WORKS

PROJECT MANUAL

Scott Avenue South Sidewalk Improvements

PROJECT # ENG 25-09-02

FOR MORE INFORMATION REGARDING THIS PROJECT CONTACT:

DAN DRUMILER, P.E.

MILLCREEK, ENGINEERING SECTION

1330 EAST CHAMBERS AVE

MILLCREEK, UTAH 84106

PHONE # (801) 214-2700

SPECIFICATIONS REFERENCE

When reference is made to specifications, they refer to the Manual of Standard Specifications 2017 Edition, Utah APWA. This reference shall control except for modifications and supplements contained in this project manual.

INTRODUCTORY INFORMATION

Title Page 00 01 01 - 1

00 01 01 Title Page

MILLCREEK

A Political Subdivision of the State of Utah

Millcreek, Utah

PROJECT MANUAL

FOR

Project No. ENG 25-09-02

Millcreek Engineering Section

1330 East Chambers Ave Millcreek, Utah 84106

July 2026

Table of Contents

00 01 10 - 1

00 01 10 Table of Contents

Project No. ENG 25-09-02

INTRODUCTORY INFORMATION

00 01 01 Title Page

00 01 10 Table of Contents

00 01 15 List of Drawings

BIDDING REQUIREMENTS

PRE-BID INFORMATION

00 11 16 Invitation to Bid

INSTRUCTIONS TO BIDDERS

00 21 13 Instructions to Bidders

00 22 03 Modifications to Instructions to Bidders

00 31 32 Geotechnical Data

BID FORMS

00 41 00 Bid Information

00 43 00 Bid Schedule

00 43 13 Bid Bond

SUPPLEMENTS TO BID FORMS

00 43 36 Subcontractor and Supplier Report

00 43 38 Bidder Status Report

00 45 19 Certification of Non-Collusion

00 45 36 Certificate of Non-Discrimination

CONTRACT FORMS

AGREEMENT FORM

00 52 00 Agreement

BONDS AND CERTIFICATES

00 61 13.13 Performance Bond

00 61 13.16 Payment Bond

00 62 16 Certificate(s) of Insurance

Table of Contents

00 01 10 - 2

CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS

00 72 00 General Conditions

SUPPLEMENTARY CONDITIONS

00 73 76 Political Contribution Notice

00 73 79 Environmental Compliance Practices

ADDENDA AND MODIFICATIONS

00 73 03 Modifications to General Conditions

00 91 13 Addenda and Modifications

GENERAL REQUIREMENTS

DIVISION 01 – GENERAL REQUIREMENTS

01 11 00 Summary of Work

01 31 13 Modification to Coordination

01 33 00 Submittal Procedure

01 55 26 Traffic Control

END OF TABLE OF CONTENTS

List of Drawings

00 01 15 - 1

00 01 15 List of Drawings

SCOTT AVENUE SOUTH SIDEWALK IMPROVEMENTS

PROJECT NO. ENG 25-09-02

Sheet

No. Title

C000 Title Sheet

C001 General Notes & Legend

C100 - C103 Demolition Plan

C200 - C203 Site Plan

C203 Profiles

C300-C303 Grading Plan

C700-C701 Details

END OF DOCUMENT

BIDDING REQUIREMENTS

PRE-BID INFORMATION

Invitation to Bid

00 11 16 -1

00 11 16 Invitation to Bid

PART 1 GENERAL

1.1 CONSTRUCTION CONTRACT

A. Bidders are invited to bid on the Construction Contract titled:

Scott Avenue South Sidewalk Improvements

Project No. ENG 25-09-02

B. Information about the award of this Construction Contract will be posted on the State of Utah’s electronic procurement system (U3P-Bonfire), or obtained by contacting Millcreek Public Works Dan Drumiler, P.E. at (801) 214-2714.

1.2 DESCRIPTION OF WORK

A. The location of the work is:

Scott Avenue between 700 East and 900 East.

B. The work to be performed consists of furnishing and installing the equipment, facilities, services and appurtenances thereto as included in the Contract Documents. General items of work include:

Installation of pedestrian sidewalk, curb and gutter, and relocation and replacement of existing fences, mailboxes, landscaping, driveway approaches and asphalt/concrete pavement tie-ins.

1.3 BIDDERS' PRE-QUALIFICATION

A. Bidders

[ ] are required to be pre-qualified for this Project and may obtain appropriate forms from ____________.

[X] are not required to be pre-qualified for this Project.

1.4 BASIS OF BIDS

A. Bids shall be on a unit price basis. Unsealed or segregated Bids will not be accepted.

1.5 CONTRACT TIME

A. The Work will be Substantially Completed within

[X] 60 calendar days after the date of the Notice to Proceed.

[ ] a time period to be specified by the Bidder.

00 11 16 -2

1.6 EXAMINATION AND PROCUREMENT OF DOCUMENTS

A. Drawings, specifications, and other contract documents may be examined and obtained from the State of Utah’s electronic procurement system or through the Millcreek website at millcreekut.gov after 9:00 A.M., the 16th day of July, 2026.

1.7 PRE-BID CONFERENCE

A. A pre-bid conference

[ X ] will not be held.

1.8 BID SECURITY

A. Bid Security in the amount of at least five (5) percent of the Bid must accompany each Bid in accordance with the Instructions to Bidders. Bid Security will be returned to each unsuccessful Bidder after tabulation and award of the Construction Contract.

1.9 BID OPENING AND LOCATION

A. Sealed bids will be received at Millcreek City Offices, 1330 East Chambers Ave, until the time posted on the State of Utah’s electronic procurement system. Bids may also be received through the State’s electronic procurement system until the time posted, however Millcreek is not responsible for any electronic submittals that are rejected or improperly uploaded into the electronic system.

Bids received after that time will not be accepted. Sealed bids and electronic submittals will be publicly opened and read at the time posted, as established by the clock at the bid opening location. All bids will be calculated and then verified by Millcreek Public Works personnel.

B. Incomplete bids and/or applications that are rejected by the electronic procurement system will not be eligible for consideration in the selection process. Sealed bids delivered to Millcreek Offices should have the project title and bidder’s information clearly shown on the outside of the envelope.

1.10 RIGHT TO REJECT BIDS

A. Millcreek reserves the right to reject any or all bids or to waive any informality or technicality in any bid if deemed by Millcreek to be in the public's best interest.

1.11 VALIDITY PERIOD FOR BIDS

A. In consideration for the opportunity to submit a bid for the project described herein, bidder agrees to hold its bid open and firm for 30 days after the day of Bid opening, whether or not bidder is identified as the apparent low bidder at said opening. Bidders who withdraw their bid after Bid opening, but before expiration of the period specified above, shall forfeit their bid security if award of a contract, based upon the bid, is subsequently made to them.

00 11 16 -3

1.12 GOVERNING LAWS AND REGULATIONS

A. This project does not require the payment of specific wage rates. Payroll submittal will not be required.

B. Bidders on this Work will be subject to the applicable provisions of all federal rules, laws and regulations or orders.

C. In compliance with Americans with Disabilities Act, (ADA) the following information is provided: Email- KHansen@millcreekut.gov; Contact person: Kurt Hansen (801) 214-2751.

INSTRUCTIONS TO BIDDERS

Instruction to Bidders

00 21 13 - 1

00 21 13 Instructions to Bidders

1.1 DEFINED TERMS

A. Terms used in the Bid Documents which are defined in Article 1.1 of the General

Conditions (Section 00 72 00 of APWA Manual of Standard Specifications) will have the meanings indicated in the General Conditions.

1.2 COPIES OF BID DOCUMENTS

A. Complete sets of Bid Documents must be used in preparing Bids. OWNER and

ENGINEER assume no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

B. Bid Documents are made available to Bidder only for the purpose of preparing Bids on the Work. A license or grant for any other use is not given.

C. Document copyrights shall remain with the OWNER.

1.3 PRE-BID CONFERENCE

A. If a pre-bid conference is held, representatives of OWNER and ENGINEER will be present to discuss the Project. Following the conference, ENGINEER will transmit to all persons or agencies who have signed for receiving copies of the Bid Documents such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Location and time of conference is identified in the Invitation to Bid (Document 00 11 16).

1.4 EXAMINATION OF SITE AND CONTRACT DOCUMENTS

A. In General: Bidders are permitted to converse with ENGINEER or ENGINEER's personnel having knowledge of the Project, Plans, Specifications, Material sites, or conditions generally prevailing in the area of the Project to aid in pre-bid investigations. The OWNER is not bound by any statements or representations made by ENGINEER or ENGINEER's personnel before the bid opening or award of the Construction Contract, nor for any assumptions or conclusions reached by a prospective Bidder as a result of such communication unless the ENGINEER issues an Addendum to all prospective Bidders.

B. Site, Access To: The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Bidder in performing the Work are identified in the Contract Documents. All additional off site lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Bidder.

C. Contract Documents: The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 1.04; that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents; and, that the Contract Documents are sufficient in scope and detail to indicate and convey

00 21 13 - 2 understanding of all terms and conditions for performance and furnishing of the Work.

D. Bidder's Obligations: The submission of a bid constitutes acknowledgement that Bidder has complied with all bidding instructions. It is the responsibility of each Bidder before submitting a Bid, to:

1. Examine the Contract Documents thoroughly;

2. Visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work;

3. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

4. Study and carefully correlate Bidder's observations with the Contract Documents;

5. Identify and notify ENGINEER in writing of all specific conflicts, errors or discrepancies in the Contract Documents, or if Bidder doubts their meanings; and

6. Identify and notify ENGINEER in writing of all errors or omissions in estimates or statements of quantities or units specified in the plans, specifications or drawings, which are, or should be, reasonably apparent to a contractor qualified to perform the Work of the Project.

The failure or omission of any Bidder to receive or examine any form, instrument, Addendum or other document, visit the site and become acquainted with conditions there existing, or attend the pre-bid conference, shall in no way relieve any Bidder from obligations with respect to Bidder's bid or to the Construction Contract.

E. Deviations from the Terms of the Contract Documents: OWNER will not accept any deviations whatsoever from the printed terms of the Agreement (Document 00 52 00) and the Contract Documents, except by Addendum or Change Order.

F. APWA Standard Specifications: All provisions of the APWA Manual of Standard Specifications, 2017 Edition, General Conditions Document 00 72 00, as supplemented, are made a part of the Contract Documents by reference.

G. Standard Plans for Public Works Construction: All drawings and notes contained in the Millcreek Department of Public Works 2018 STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION book are made a part of the Contract Documents by reference.

1.5 PHYSICAL CONDITIONS

A. In General: Before submitting a Bid, each Bidder will be responsible for review of OWNER's explorations, tests and data concerning surface conditions, subsurface conditions and Underground Facilities at or contiguous to the site, or otherwise, which may affect cost, progress, performance or furnishing of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

B. Surface and Subsurface Conditions: Provisions concerning surface and subsurface conditions, if any, are set forth in the Geotechnical Data (Document 00 31 32). The document provides the identification of:

00 21 13 - 3

1. those reports of explorations and tests of subsurface conditions at the site which have been utilized by ENGINEER in preparing the Contract Documents; and

2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site which have been utilized by ENGINEER in preparing the Contract Documents.

C. Underground Facilities: Information and data indicated in the Contract Documents regarding Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities. The OWNER does not assume responsibility for the accuracy or completeness thereof other than as provided in Article 4.03A.2 of the General Conditions (Document 00 72 00) or unless expressly provided in the Modifications to General Conditions (Document 00 73 03).

D. Additional Explorations: On request, OWNER will provide each Bidder access to the site to conduct any explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall obtain permits, fill all holes, clean up and restore the site to its former condition upon completion of such explorations.

Bidder agrees to indemnify and save the OWNER harmless against and from all claims arising out of Bidder's activities during and after the performance of additional explorations.

E. Modifications to the Contract Documents: Provisions concerning the adequacy of the data furnished for subsurface structures and underground facilities, and the possibility of changes in the documents due to differing conditions appear in Articles 4.02 and 4.03 of the General Conditions (Document 00 72 00).

PART 2 BIDDING PROCEDURES

2.1 INTERPRETATIONS AND ADDENDA

A. All requests for interpretation of the Contract Documents shall be made in writing and delivered to the ENGINEER no later than seven (7) calendar days prior to opening of Bids. If required, ENGINEER will send written interpretation to all persons receiving a set of Bid Documents in the form of a written Addendum. If a Bidder's request for interpretation is not responded to by ENGINEER, Bidder shall not rely on Bidder's interpretation in the request contrary to the intent and terms of the Contract Documents.

B. OWNER will not be responsible for any explanations or interpretations, except those duly issued in the form of written Addenda.

C. Addenda may also be issued to modify the Bidding Documents as deemed advisable by ENGINEER.

D. Addenda issued during the time of bidding shall be deemed to be included in the Bid. Bidder must acknowledge receipt of each Addenda on the Bid form. Failure to acknowledge receipt will cause Bid to be non-responsive. All Addenda shall become a part of the Contract Documents.

00 21 13 - 4

E. Except to postpone the Bid opening, no Addenda shall be issued within 48 hours of the Bid opening.

2.2 EQUIPMENT AND MATERIAL OPTIONS PRIOR TO BID OPENING

A. If a Bidder or Supplier wishes to use items of equipment and materials other than those identified in the Contract Documents, said Bidder or Supplier shall deliver a written request for approval to the ENGINEER at least seven (7) days prior to the date set for opening of bids.

B. The procedure for submission of any such product option shall be as set forth in Article 6.04 of the General Conditions (Document 00 72 00). It is the sole responsibility of the Bidder or Supplier to submit complete descriptive and technical information so that ENGINEER can make a proper appraisal.

C. ENGINEER's failure to act upon such a request within three days after delivery shall be deemed a denial thereof.

D. Any such approval is at the sole discretion of the ENGINEER and will be in the form of an Addendum issued to all Bidder's holding Bid Documents indicating that the additional equipment and materials are approved as equal to those specified for the Project.

2.3 BID SECURITY

A. Bid security: must be either in the form of a Bid Bond or cashier's check, as discussed below. No other form will be accepted.

B. Amount of Bid security: The total amount of the Bid on which Bid security is to be based shall be the sum of all items of the Bid constituting the maximum amount of the possible award to the Bidder. The Bond amount must equal at least five (5) percent of the total amount of the Bid.

C. Bid Bond: The Bond shall accompany the Bid and shall be issued by a corporate surety company authorized to do business in the State of Utah. The Bond shall guarantee that the Bidder, if awarded the Work, will promptly enter into the Construction Contract to perform the Work in the manner required by the Contract Documents.

D. Bond Form: The Bid Bond must be submitted using the Bid Bond Form (Document 00 61 12).

E. Cashier's Check: If a cashier's check is used in lieu of a Bid Bond, the cashier's check must be drawn on a bank doing business in the State of Utah and made payable to Millcreek.

F. The cashier's check or Bid Bond of a Bidder to whom contract has been awarded will be returned to Bidder within three days after all the acts, for the performance of which said Bid Bond or Check is required, have been fully performed. The Bid Bonds and checks of all bidders will be held until Millcreek Mayors’ Office has awarded the contract or rejected all bids. The liability of Millcreek in connection with said checks shall be limited to the return of the checks as herein provided.

G. Default: In the event of failure or refusal of the Bidder to enter into the Construction Contract and deliver to the OWNER a Performance Bond, Payment Bond and any other Bonds or documents required by the Contract Documents within ten days after award of the Work by Millcreek Mayor’s Office, the Bidder

00 21 13 - 5 shall forfeit the sum of the Bid Bond or cashier's check to the OWNER as liquidated damages.

2.4 CONTRACT TIME AND PUNCH LIST TIME

A. Provisions concerning Contract Time and Punch List Time are set forth in the

Agreement (Document 00 52 00).

2.5 LIQUIDATED DAMAGES

A. Provisions concerning liquidated damages are set forth in the Agreement

(Document 00 52 00).

2.6 RETAINAGE

A. Provisions concerning OWNER retaining money are set forth in the Agreement

(Document 00 52 00).

2.7 BID FORM

A. The Bid form (Document 00 41 00) identifies all forms comprising the Bid

Documents. Additional copies may be obtained from ENGINEER.

B. Bids by corporations must be executed in the corporate name by the president, vice-president or other corporate officer authorized to sign and must be properly attested to as an official act of the corporation. At the OWNER's request, authority to sign shall be submitted.

C. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title and official partnership address must be shown.

D. Where joint ventures are proposed by contractors, all parties concerned shall be pre-qualified. A letter asking permission to participate in a joint venture must be submitted by the contractors to Millcreek and permission granted before bid opening.

E. All names must be typed or printed under or near the signature.

F. The Bid shall contain an acknowledgment of receipt of all Addenda. The Addenda numbers must be filled in on the Bid form. Failure to include Addenda numbers on the acknowledgement will cause the Bid to be considered non-responsive.

G. The Bidder's address and telephone number for communications regarding the Bid must be shown on the first page of the Bid form.

H. The Bidder shall make no stipulations or alterations on the Bid forms. The Bidder must use only the Bid form and Bid Schedules bound in the Contract Documents.

The complete Contract Documents should be submitted as the Bidder's Bid.

I. Anyone signing any of the Contract Documents as the agent of another, or others, must file with it legal evidence of his/her authority to do so. Such evidence must be either a notarized power of attorney or a certified court order.

2.8 BID SCHEDULE

A. Any work or material which is specified in the Contract Documents or which is necessary because of the nature of the Work, but which is not listed separately in the Bid Schedule (Document 00 43 00) shall not be measured or paid for

00 21 13 - 6 separately. The cost of such work or material shall be considered as included in the Contract Price.

B. All blanks on the Bid Schedule (Document 00 43 00) must be completed in ink or by typewriter. If applicable, furnish both the unit and the total costs for each item. Numbers shall be stated in figures, and the signature of all persons signing shall be in longhand. The Bid Schedule must not contain any erasures, interlineation or other corrections unless each such correction is suitably authenticated, by affixing in the margin immediately opposite the correction, the surname or initials of the person or persons signing the bid. Any corrections, alterations or erasures made by the Bidder on the Bid Schedule shall be initialed in ink by the Bidder. All corrections, interlineations, etc. not made in ink or typewritten and authenticated as required herein shall be ignored, and shall not be deemed to modify figures and/or signatures or initials made in ink or typewritten.

2.9 SUBMISSION OF BIDS

A. Bids shall be submitted at the time and place indicated in the Invitation to Bid

(Document 00 11 16) and must be enclosed in an opaque, sealed envelope, marked with the Project title, the name and address of the Bidder, and the date and time of bid opening. If the Bid is sent through the mail or other delivery system the sealed envelope should be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. Delivery of the Bid before the scheduled time bid opening is the sole responsibility of the Bidder.

B. Alternate bids, other than those called for in the Bid form, will not be considered.

C. No oral, telegraphic, telephonic, facsimile or modified bids will be considered.

2.10 MODIFICATION AND WITHDRAWAL OF BIDS

A. At any time prior to the opening of Bids, Bids may be modified or withdrawn if a written withdrawal is signed by Bidder and delivered to the place where Bids are to be submitted.

B. Within 24 hours after Bids are opened, any Bidder may file written notice with OWNER that there was a substantial mistake made in the preparation of its Bid.

Bidder must thereafter promptly demonstrate Bidder's mistake to the reasonable satisfaction of the OWNER. If OWNER agrees, Bidder may withdraw its Bid and the Bid security will be returned to the Bidder.

C. AT OWNER's option, Bidder may resubmit a bid withdrawn for mistake as permitted herein and the bid will be considered for award of the Work to the Bidder on the following conditions: (1) There is clear and convincing evidence of the mistake, and (2) there is clear and convincing evidence of the intended bid.

However, if the resubmitted bid, after correction, would displace an apparent low bidder, the evidence of mistake and the intended bid must appear substantially from the face of the original bid itself. OWNER's determinations in these circumstances shall be final.

00 21 13 - 7

2.11 OPENING OF BIDS

A. Bids will be opened and read aloud publicly. An abstract of the amounts of the base schedule of prices and any alternate schedules will be made available for review after the opening of Bids.

B. Bidders are invited to attend the bid opening.

C. Award of the Work shall not be made at the bid opening. The only identification to be made at bid opening will be the "apparent low bidder".

D. Any Bids presented or received after the time specified in the Invitation to Bid

(Document 00 11 16) will not be accepted or opened. They will be either refused, or retained in the Office of Contracts and Procurement until such time as they can be returned. The time indicated by the "date and time received" stamp of the bid depository location shall be deemed conclusive.

2.12 BIDS TO REMAIN FIRM FOR SPECIFIED TIME

A. All bids remain firm and subject to acceptance for 30 days after the day of the

Bid opening. OWNER may, in its sole discretion, release any Bid and return the Bid security prior to expiration of that time period.

2.13 COMPLIANCE WITH EMPLOYMENT LAWS AND REGULATIONS

A. Bidders are advised that the Construction Contract and its performance are subject to the applicable provisions of all Laws and Regulations. Bidder will be obligated upon written request, to give all applicable assurances of compliance in connection therewith.

B. If federal nondiscrimination requirements are required, the Bidder shall be fully knowledgeable of, and comply with, such requirements.

PART 3 AWARD OF CONTRACT

3.1 QUALIFICATIONS OF BIDDERS

A. Upon request of OWNER, a Bidder whose bid is under consideration for award shall submit promptly to the OWNER the following information for the Bidder, or Bidder's Subcontractors, or Bidder's Suppliers:

1. Evidence showing financial condition;

2. Experience in performing work on a similar type of project;

3. Present construction commitments;

4. Organizational structure;

5. Equipment which is to be used to do the Work;

6. Litigation or claims which are pending, threatened, settled or otherwise disposed of within the last 3 years;

00 21 13 - 8

7. Evidence of ability to perform and complete the Work in a manner and within the time limit specified;

8. All matters consistent with federal, state and local Laws and Regulations;

and

9. Such other data as may be called for in the Supplementary Instructions to Bidders (Document 00 22 13).

3.2 EVALUATION OF BIDS

A. OWNER reserves the right to reject any and all Bids; to waive minor informalities in the Bid Schedule and elsewhere so long as the informalities do not affect the Contract Documents or render the bid non-compliant with Laws and Regulation pertaining to bidding requirements; to negotiate and agree to contract terms with the successful Bidder; and to disregard non-conforming, non-responsive, unbalanced or conditional Bids.

B. OWNER reserves the right to reject any Bid if OWNER believes that it would not be in the best interest of the Project or the OWNER to make an award to that Bidder. Such rejection may be because the Bid is not responsive; or the Bidder is unable, unqualified, or of doubtful ability; or the Bid or Bidder fails to meet any other pertinent standard or criteria established by OWNER in the Supplementary Instructions to Bidders (Document 00 22 13).

C. In determining Bidders' ability to fulfill the contract, if awarded, OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as provided in the Subcontractors and Supplier Report (Document 00 43 36).

D. OWNER may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Intent to Award the Construction Contract.

E. To establish qualifications of Bidder, OWNER may request such data indicated in Article 3.01 hereinabove and conduct such investigations as OWNER deems appropriate.

F. If the Construction Contract is to be awarded, it will be awarded to the lowest, qualified, responsible and responsive Bidder as determined by the OWNER.

Alternates may be accepted depending upon availability of OWNER funds. Bid alternates will be considered in determining the lowest, qualified, responsible, and responsive Bidder.

G. Bid Schedules will be evaluated as follows:

1. Discrepancies in the multiplication of quantities of Work items and unit prices will be resolved in favor of the unit prices.

2. Prices written out in form shall govern over prices in numbers.

3. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

4. Bids shall not contain any recapitulations of or changes in the work to be done.

00 21 13 - 9

3.3 SUBCONTRACTORS, SUPPLIERS AND OTHERS

A. Bidder shall not subcontract more than 75 percent of the dollar value of the total contemplated Work (except for the supply of materials and equipment) without OWNER's prior written approval.

B. Conflict of interest pertaining to Subcontractors is described in Paragraph 6.05G of the General Conditions (Document 00 72 00).

3.4 CONTRACT SECURITY AND OTHER SUBMITTALS

A. Performance Bond (Document 00 61 13.13) and Payment Bond (Document 00

61 13.16): The OWNER's requirements as to Performance and Payment Bonds are as set forth in PART 5 of the Supplemental General Conditions (Document 00 73 00). Specific requirements are set forth in the Performance Bond (Document 00 61 13.13) and the Payment Bond (Document 00 61 13.16).

1. The form of the Bonds should be carefully examined by the Bidder.

2. When the successful Bidder delivers the executed Construction Contract to OWNER, it must be accompanied by the required Performance and Payment Bonds.

B. Subcontractor and Supplier Report (Document 00 43 36): One form is required for each schedule specified in the Bid Schedule (Document 00 43 00) within 24 hours of OWNER's request. The Subcontractor and Supplier Report (Document 00 43 36) shall list the name and address, of each Subcontractor who will perform work or labor or render service to the Bidder at the site of the Work, or a Subcontractor who, off the job site, will specially fabricate a portion of the Work or improvement according to detail Drawings. In each instance, the nature and extent of the Work to be sublet in an amount in excess of 2 percent of the Bid sum shall be described.

C. Bidder Status Report (Document 00 43 38): One completed form shall be submitted.

D. Certificate of Insurance (Document 00 62 16): The OWNER's requirements as to insurance are as set forth in part 5 of the General Conditions (Document 00 72 00). Certificate(s) of required insurance are to be submitted as attachments to Document 00 62 16.

E. Other Information: When a determination has been made to award the Construction contract, Bidder is required, prior to the award or after the award, or both, to furnish such other information as the ENGINEER requests.

3.5 ADJUSTMENTS TO THE COST OF THE WORK AFTER OPENING OF BIDS

A. The Contract Price identified in the Agreement (Document 00 52 00) represents the Cost of the Work which is to be paid by the OWNER to the CONTRACTOR.

Adjustments to the Contract Price which are agreed to between the OWNER and the successful Bidder shall be effected by signing a Change Order concurrent with signing the Agreement.

00 21 13 - 10

3.6 SIGNING OF AGREEMENT

A. Within 10 days after OWNER gives Notice of Intent to Award the Construction

Contract to the successful Bidder, the Bidder shall pick up, sign and deliver the required number of copies of the Agreement (Document 00 52 00) and attached documents to OWNER with the required Bonds. A minimum of 3 originals will be signed. One executed original will be returned to the Bidder.

B. Transfers, delegations or assignments of interests in the Contract Documents are prohibited, unless prior written authorization is received from the OWNER.

C. At the time of Bidding, Bid Opening, and the signing of the Agreement (Document 00 52 00), and at all times during the Work, Bidder shall be properly licensed to do the Work and shall be in compliance with the contractor licensing laws of the State of Utah.

PART 4 MISCELLANEOUS

4.1 SUBSTITUTE OR "OR-EQUAL" ITEMS

A. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings, Specifications and any Addenda.

B. No application for substitutions or "or equal" items will be considered after bid opening until after CONTRACTOR signs the Agreement. If Bidder wishes to furnish or install a substitute or an "or-equal" item of material or equipment after the Effective Date of the Construction Contract, the procedure for submitting an application for substitution is set forth in Article 6.04 of the General Conditions (Document 00 72 00) and section 01 25 00 of the APWA Standard Specifications.

Geotechnical Data

00 31 32 - 1

00 22 03 Modifications to Instructions to Bidders

Add the following:

4.2 SUBCONTRACTOR, SUPPLIERS AND OTHERS

C. The following firms have been under contract to the OWNER in the design phase of the Work and therefore shall not be used as Subcontractors.

1. Design Consultant:

Talisman Civil Consultants

2. Geotechnical Consultants:

3. Surveying Consultant:

4. Other:

5. Other:

Geotechnical Data

00 31 32 - 1

00 31 32 Geotechnical Data

1.1 REPORTS OF EXPLORATIONS AND TESTS

A. Identification of Reports: In the preparation of Drawings and Specifications, ENGINEER has relied upon the following geotechnical reports of explorations and tests of subsurface conditions at or contiguous to the Work site:

B. Accuracy: For the purposes of bidding or construction, the Bidder may rely upon the accuracy of the geotechnical data at the locations where the data was obtained and to the depths indicated, but not upon any other information, interpretations or opinions contained in the geotechnical data itemized above or for the completeness thereof expressed or implied.

C. Geotechnical Data Not a Part of the Contract Documents: Geotechnical data itemized above are not a part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Article

4.02 of the General Conditions (Document 00 72 00) are incorporated by reference.

1.2 DRAWINGS OF SURFACE AND SUBSURFACE STRUCTURES

A. Identification of Drawings: In the preparation of Drawings and Specifications, ENGINEER has relied upon the following drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work:

1. Drawings dated ____n/a_______ prepared by ______________________ entitled: ____________________________________________________ ______________________________________ consisting of _____ pages.

2. Drawings dated ____n/a_______ prepared by ______________________ entitled: ____________________________________________________ ______________________________________ consisting of _____ pages.

B. Drawings Not a Part of the Contract Documents: Drawings itemized above are not a part of the Contract Documents. Location of the surface and subsurface structures and utilities are further described in Article 4.03 of the General Conditions (Document 00 72 00).

BID FORMS

Bid Information

00 41 00 - 1

00 41 00 Bid Information

1.1 BIDDER

A. Name and address: __________________________________________________

B. Telephone number:__________________________________________________

C. Facsimile number:_______________________________________________

D. IRS Tax identification number:________________________________________

E. Bidder holds license number , issued by the Utah State Department of Commerce, Occupational and Professional Licensing Division, on the day of , 20 . Bidder is licensed to practice as a Contractor. License renewal date is the day of , 20 .

F. E-mail address: ______________________________.

1.2 NOTICE

1. Pursuant to Section 58-55-501(8), Utah Code Annotated (UCA), 1953, as amended, it is unlawful to submit a bid for any work for which a license is required under Chapter 55 of Title 58, UCA, by a person or other business entity not licensed or excepted from licensure as a contractor under Chapter 55 of Title

58, UCA.

1.3 CONSTRUCTION CONTRACT

A. Name of Project: ____ Scott Avenue South Sidewalk Improvements________

B. Project Number: _____ENG 25-09-02__________________________________

1.4 ADDENDA

A. Bidder hereby acknowledges receipt of the following Addenda.

(list Addenda numbers here)

1.5 SUBMITTALS

B. To bid for the Work, Bidder is required to submit:

1. This document (Document 00 41 00)

00 41 00 - 2

2. Bid Schedule (Document 00 43 00)

3. Bid Security (Document 00 43 13)

4. Certificate of Non-Discrimination (Document 00 45 36)

5. Certificate of Non-Collusion (Document 00 45 19)

B. After receiving notice from ENGINEER that Bidder's Bid is under consideration for award, the following documents are to be submitted subsequent to the Notice of Intent to Award.

1. Document 00 45 49: Bidder Status Report.

2. Document 00 43 36: Subcontractor and Supplier Report.

3. Document 00 61 13.13: Performance Bond.

4. Document 00 61 13.16: Payment Bond.

5. Document 00 62 16: Certificate(s) of Insurance required by Contract Documents.

6. ____________________________________________________________

1.6 DEFINITIONS

A. Bid Documents: The Bid Documents consist of the Invitation to Bid, the

Instructions to Bidders, any Supplementary Instructions to Bidders, this Bid form, any supplements (or post-bid supplements) attached to this Bid form, the Bid Schedule, any data listed by and limited to the provisions in the Geotechnical Data Document (Document 00 31 32), and the Bid Bond.

B. Bid Bond: Document 00 43 13.

PART 2 COVENANTS

2.1 BIDDER TO ENTER INTO AN AGREEMENT

A. In General: Bidder agrees, if this Bid is accepted, to enter into a Construction

Contract with the OWNER to perform and furnish all work specified or indicated in the Contract Documents and at the Contract Time and the Contract Price identified in the Agreement (Document 00 52 00).

B. Change Order: If it becomes necessary to further define the Work, Contract Price, Contract Time or some other portion of the Construction Contract prior to signing the Agreement Document (00 52 00), ENGINEER shall prepare a Change Order describing such change. The necessity for preparing such a Change Order is the OWNER's sole option. If the Change Order is acceptable to the Bidder, the Bidder agrees to execute the Change Order concurrent with the execution of the Agreement.

00 41 00 - 3

2.2 BIDDER ACCEPTS TERMS AND CONDITIONS

A. Bidder accepts all of the terms and conditions of the Bid Documents, including without limitation those dealing with the disposition of Bid security.

B. Bidder will pick up, sign and submit the Agreement (Document 00 52 00) with the Bonds and other documents required by the Agreement within 10 days after the date of OWNER's Notice of Intent to Award the Construction Contract.

2.3 REPRESENTATION OF BIDDER

A. In submitting this Bid, Bidder represents, as more fully set forth in the

Instructions To Bidders (Document 00 21 13), that:

1. Nature of the Work: Bidder has become familiar with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

2. Surface and Subsurface Conditions: Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Geotechnical Data (Document 00 31 32) (if any).

3. Underground Utilities: Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site.

4. Bidder Investigation: Bidder has correlated the results of all observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

5. Discrepancy Resolutions: Bidder has given ENGINEER written notice of all conflicts, errors or discrepancies that Bidder has discovered in the Contract Documents and acknowledges that all written resolutions thereof, issued by ENGINEER prior to Bid opening, are acceptable to Bidder.

2.4 OWNER'S RIGHTS AT BID AWARD

A. Bidder agrees OWNER has the right to reject this Bid, or to award the Work or any part thereof to the undersigned at the prices stipulated. Bidder agrees to make no claim for damages for such rejection or award.

B. If the Bid is rejected, then the Bid security shall be returned to the Bidder.

C. If the Bid is accepted the OWNER will notify Bidder of OWNER's intent to award the Construction Contract to the Bidder. The Bidder shall have 10 days to sign the Agreement (Document 00 52 00) and any negotiated Change Order issued pursuant to Article 10.01 of the General Conditions (Document 00 72 00), and to deliver the same, together with the required Performance Bond and Payment Bond, to the OWNER. If Bidder fails to sign and deliver the Agreement or negotiated Change Order and the required Bonds, as specified, the Bid security, 00 41 00 - 4 at OWNER's option, shall be claimed and cashed and the amount thereof paid to OWNER as liquidated damages for the failure of the Bidder to comply with the terms of the Bid.

D. Bidder agrees the Bid may be rejected if the submittals required by this Document or the Notice of Intent to Award are not submitted within the time listed in the Notice of Intent to Award.

2.5 NON-COLLUSION

A. Bidder agrees the Bid is genuine. The Bid is not made in the interest of or on behalf of any undisclosed person, firm or corporation.

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

C. Bidder has not solicited or induced any person, firm or corporation to refrain from bidding.

D. Bidder has not sought by collusion to obtain for itself any other advantage over any separate Bidder or over OWNER.

2.6 BID PRICING

A. Bidder will complete the Work for the prices listed in the Bid Schedule

(Document 00 43 00). Bidder agrees that quantities for Unit Price Work are not guaranteed. (Refer to Article 11.07 of the General Conditions (Document 00 72 00)).

2.7 SUBSTANTIAL COMPLETION, PROJECT COMPLETION AND LIQUIDATED DAMAGES

A. Bidder agrees that the Work will be Substantially Complete and ready for Final

Inspection on or before the expiration of the Contract Time indicated in the Agreement (Document 00 52 00).

B. Bidder agrees the Work will be complete and ready for final payment in accordance with Article 14.09 of the General Conditions (Document 00 72 00) on or before the expiration of the Punch List Time indicated in the Agreement.

C. Bidder accepts the provisions of the Agreement (Document 00 52 00) as to liquidated damages in the event of failure to complete the Work on time and in accordance with the Contract Documents.

PART 3 EXECUTIONS

3.1 EFFECTIVE DATE

A. Bidder executes this Bid and declares it to be in effect as of the day of

____________________, 20_____.

00 41 00 - 5

3.2 BIDDER'S SUBSCRIPTION

A. Bidder's Signature:____________________________________________

B. Print Bidder's name here:_______________________________________

C. Title of person signing:_________________________________________

00 41 00 - 1

00 43 00 Bid Schedule

1.1 CONSTRUCTION CONTRACT

B. Project Number: ____ENG 25-09-02___________________________________

1.2 RELATED REQUIREMENTS

A. APWA 01 29 00: Payment Procedure.

1.3 SCHEDULES TO BE ADDED TO THE AGREEMENT

A. This Bid Schedule contains the schedules of prices which will be incorporated into the Agreement (Document 00 52 00) by reference.

1.4 PRICES

A. Contractor:_______________________________________________________

B. Base Bid Total:____________________________________________________

C. Base Bid:

Item

No.

Specification Reference Number

Classification of Unit Price Work

Quantity

Unit Unit Price Amount

01 32 16

Progress Schedule

Lump Sum

01 55 26

Traffic Control

Lump Sum

01 57 00

Temporary Controls

Lump Sum

01 71 13

Mobilization and Demobilization (10% Max.)

Lump Sum

01 71 23

Construction Layout

Lump Sum

01 71 34

Construction Surveying

Lump Sum

Bid Schedule 00 43 00 - 2

02 41 14

Remove Curb and Gutter

Linear Feet

02 41 14

Remove Sidewalk

Square Feet

02 41 14

Remove Asphalt Pavement

Square Feet

02 41 14

Remove Concrete Pavement / Driveway

Square Feet

32 01 10

Remove Fence

Linear Feet

31 11 00

Site Clearing (5% Max.)

Lump Sum

31 37 00

Install Landscape Rock, 4 Inch Thick

1,550

Square Feet

32 01 07

Relocate Mailbox

Each

32 01 90

Maintain Landscaping / Irrigation

1,000

Square Feet

32 16 13

Construct Type A - 30" Standard Curb and Gutter (APWA Std. Plan 205.1)

Linear Feet

32 16 13

Construct 4-Inch-Thick Concrete Sidewalk No. 1 (Std. Plan 145)

3,000

Square Feet

32 16 13

Construct Type F Curb and Gutter (APWA Std. Plan 205.2)

Linear Feet

32 16 13

Construct 4-Inch-Thick Concrete Sidewalk with P Curb (AWPA Std.

Plans 231 and 209)

1,100

Square Feet

00 43 00 - 3

32 16 13

Construct Flare Driveway Approach (APWA Std. Plan 221.1)

Linear Feet

32 16 13

Construct Concrete Flatwork – 6 inches thick (driveway)

1,250

Square Feet

32 16 14

Construct Pedestrian Curb Ramp – Transition 2 (APWA Std. Plan 238)

Each

32 31 13

6’ High Chain Link Fence

Linear Feet

32 12 05

Asphalt Tie-in (APWA Std. Plan 251)

Linear Feet

D. Summary:

1. Base Bid: $_________________________________________________

2. Base Bid Total in written words: _________________________________

1.5 UNIT PRICE - MEASUREMENT AND PAYMENT

A. Base Bid: Measurement and payment shall be in accordance with APWA 01 29 00 except as follows:

1. Bid Item No. 1 - Progress Schedule

a. APWA Standard Specification Reference: APWA 01 32 16

b. Measurement: Lump Sum.

c. Payment Covers: All costs associated with preparation and submittal of a construction progress schedule for Engineer’s use in determining if WORK can be Substantially Complete within the Contract Time.

Also, costs associated with updating the progress schedule as required as WORK progresses

2. Bid Item No. 2 - Traffic Control

a. APWA Standard Specification Reference: APWA 01 55 26.

b. Measurement: Lump Sum.

00 43 00 - 4

c. Payment Covers: Costs associated with all labor, materials, and equipment required to develop and implement a traffic control plan in accordance with requirements from Millcreek; maintain smooth vehicular traffic flow through the project area and designated alternate routes including, but not limited to barriers, signs, electronic message boards, warning devices, flaggers, and cleaning roads to maintain a clean condition with no accumulation of dirt, debris or other foreign objects. Bid item also includes maintenance and removal of all temporary traffic control devices upon completion of a traffic control plan.

d. Payment also includes all labor, materials, and equipment required to maintain safe pedestrian access through the project area during construction including but not limited to signage, warning devices, PVC or polyethylene safety fencing. Coordination with local school district is required when school safe passage routes are impacted

3. Bid Item No. 3 - Temporary Controls

a. APWA Standard Specification Reference: APWA 01 57 00.

b. Measurement: Lump Sum.

c. Payment Covers: All surface and subsurface temporary environmental controls and removal thereof at the construction site and related areas including, but not limited to temporary fencing, dewatering, stockpiling native material for reuse, inlet protection, and preparation and implementation of SWPPP.

4. Bid Item No. 4 - Mobilization and Demobilization (10% Max)

a. APWA Standard Specification Reference: APWA 01 71 13.

b. Measurement: Lump Sum.

c. Payment Covers: Cost of mobilization, temporary facilities, modifying and maintaining project sponsorship signs, pothole existing utilities, project site pre-construction video tape, and all necessary permits from Millcreek, the Utah Department of Transportation, Salt Lake City Public Utilities, Mt. Olympus Improvement District, and other applicable entities.

d. The lump sum cost of Mobilization and Demobilization shall not exceed 10% of the total base bid. Any bid proposal that contains a bid for mobilization and demobilization greater than 10% of the total bid may be deemed unresponsive.

e. Partial payments will be as follows:

Partial Payment Amount When Paid

1st

25 percent of mobilization or

2.5 percent of original

With 1st estimate

00 43 00 - 5 contract amount, whichever is less.

2nd

2.5 percent of original contract amount, whichever is less.

With 1st estimate following completion of 5 percent of contract.

3rd

2.5 percent of original contract amount, whichever is less.

With 1st estimate following completion of 10 percent of contract

4th

2.5 percent of original contract amount, whichever is less.

With 1st estimate following completion of 20 percent of contract

5. Bid Item No. 5 - Construction Layout

a. APWA Standard Specification Reference: APWA 01 71 23.

b. Measurement: Lump Sum.

c. Payment Covers: All costs for labor, materials, equipment and appurtenances required to conduct construction surveying and staking as required within the limits of construction as shown on the project plans.

6. Bid Item No. 6 – Construction Surveying

a. APWA Standard Specification Reference: APWA 01 71 34.

b. Measurement: Lump Sum.

c. Payment Covers: Survey work to determine excavation quantities by a licensed professional measured on a cubic yard basis for acceptable excavated material is included in this pay item. The in-place volume of materials as computed by the average end areas shall be determined and computations submitted to the Engineer.

7. Bid Item No. 7 - Remove Curb and Gutter

a. APWA Standard Specification Reference: APWA 02 41 14.

b. Measurement: Linear Feet.

c. Payment Covers: All costs for labor, materials, equipment and appurtenances required to demolish, remove and dispose of all curb and gutter as required within the limits of construction as shown on the project plans. Saw cutting shall be considered incidental to removal of curb and gutter.

8. Bid Item No. 8 - Remove Sidewalk

a. APWA Standard Specification Reference: APWA 02 41 14.

00 43 00 - 6

b. Measurement: Square Feet to the dimensions shown on the plans.

c. Payment Covers: All costs of labor, materials, equipment and appurtenances required to remove and dispose of sidewalk as shown on the project plans. Saw cutting shall be considered incidental to pavement removal.

9. Bid Item No. 9 - Remove Asphalt Pavement

a. APWA Standard Specification Reference: APWA 02 41 14.

b. Measurement: Square Feet.

c. Payment Covers: All costs of labor, materials, equipment and appurtenances required to remove and dispose of all asphalt pavement as shown on the project plans. Saw cutting shall be considered incidental to pavement removal.

10. Bid Item No. 10 - Remove Concrete Pavement/Driveway

a. APWA Standard Specification Reference: APWA 02 41 14.

b. Measurement: Square Feet.

c. Payment…