CITY OF OREM

CONTRACT DOCUMENTS

2027 Crack Seal Project

27-007

September 2026

PREPARED BY:

ENGINEERING DIVISION

56 NORTH STATE

OREM, UT 84057

SECTION 00020

TABLE OF CONTENTS

Sections Pages

BIDDING REQUIREMENTS, CONTRACT FORMS, AND

CONDITIONS OF THE CONTRACT

BIDDING REQUIREMENTS

00030 Notice Inviting Bids 00030-1 - 00030-1

00100 Instruction to Bidders 00100-1 - 00100-2

00300 Bid Forms 00300-1 - 00300-1

00350 Bid Bond 00350-1 - 00350-1

CONTRACT FORMS

00400 Contractor Qualification Form 00400-1 -00400-2

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 Change Order 00650-1 -00650-1

CONDITIONS OF THE CONTRACT

00700 General Conditions 00700-1 -00700-33

00900 Special Conditions 00900-1 -00900-2

TECHNICAL SPECIFICATIONS

2017 APWA Standard Specifications

City of Orem Supplemental Document to the 2017 APWA Standard Construction Specifications

APPENDIX “A”

2027 Crack Seal Maps

SECTION 00100

INSTRUCTION TO BIDDERS

1. SUBMISSION OF BIDS: BIDS will be received by the CITY OF OREM, herein called the "OWNER", electronically submitted using Bonfire or at Community Development, 56 North State

Street, Orem, UT 84057 until September 30th, 2026 at 3:00 pm and then at said office publicly opened or downloaded from Bonfire and read aloud.

Each BID must be submitted electronically on Bonfire or in a sealed envelope, addressed to the CITY OF

OREM at 56 North State Street, Orem, UT 84057. Each sealed envelope containing a BID must be plainly marked on the outside as BID for the 2027 Crack Seal Project and the envelope should bear on the outside the name of the BIDDER, his address, his license number, if applicable, and the name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER at City of Orem, 56 North State Street, Orem, UT

84057, Attention: City Engineer. 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.

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 60 days after the actual date of the bid opening.

2. BID BOND: 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 Bonfire.

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.

3. 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.

4. 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.

5. 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.

6. NOTICE TO PROCEED: The NOTICE TO PROCEED shall be issued within ten (10) calendar days of the execution of the Agreement by the OWNER. 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 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.

7. 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

Bids.

SECTION 00300

BID FORMS

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 OREM (hereinafter called "OWNER").

2. In compliance with your advertisement for BIDS, BIDDER herein proposes to perform all

WORK for the construction of 2027 Crack 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 BUT NO SOONER THAN October 12, 2026 and to fully complete the PROJECT by April 30, 2027, unless the period for completion is extended otherwise by the

CONTRACT DOCUMENTS. BIDDER further agrees to pay, as liquidated damages, the sum of $200.00 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.

00300

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.

Item

No

DESCRIPTION QTY UNIT

UNIT PRICE

(Material &

Labor)

TOTAL

1 PAVEMENT CRACK SEALING 1 TON

GRAND TOTAL

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:

BID FORMS

00300-2 tom8521 Rectangle

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 OREM 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 , 2026. The Condition of the above obligation is such that whereas the Principal has submitted to the CITY OF OREM a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the construction of 2027 Crack 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 OREM, 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 Orem 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 Orem.

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 similar type and complexity:

RECENT PROJECTS

1) Project:

Contract Price:

Reference: Name:

2) Project:

3) Project:

CONTRACTOR QUALIFICATION FORM

00400

00500

City of Orem Agreement No.___________________

AGREEMENT

This Agreement is executed in duplicate this day of , 20___, by and between the City of Orem, a municipal corporation and political subdivision of the State of Utah, with its principal offices located at 56

North State Street, Orem, Utah 84057 (hereinafter referred to as the "City"), and , a

_________________________ with its principal offices located at

_________________________________________________ (hereinafter referred to as "Contractor").

RECITALS

WHEREAS the City desires to hire a contractor to perform construction work related to the City’s

(hereinafter referred to as the “Project”); and

WHEREAS the Project includes crack sealing roads and facility parking lots as shown in the 2027 Crack Seal

Maps and in accordance with the specifications.; and

WHEREAS the City has advertised a request for bids for the Project; and

WHEREAS the bid submitted by Contractor was the lowest responsible bid; and

WHEREAS the City desires to accept the bid of Contractor; and

WHEREAS it is important that the Project be completed by April 30, 2027; and

WHEREAS Contractor is willing and able to begin work on the Project immediately and to complete the

Project in an expeditious manner; and

WHEREAS, the City and Contractor desire to set for their respective rights and responsibilities in this

Agreement.

COVENANTS

NOW, THEREFORE, in consideration of the mutual covenants of the parties as hereinafter set forth, the City and

Contractor mutually agree as follows:

1. Construction of 2027 Crack Seal Project. Contractor shall construct improvements as described in the following documents which are incorporated herein by reference. Items 1.1 through 1.7 are attached hereto as Exhibit “A”.

1.1. Advertisement for Bids.

1.2. General Conditions.

1.3. Special Conditions.

1.4. Technical Specifications.

1.5. Project Addendum 1 dated , 2026

1.6. Contractor’s Bid and Bid Schedule for the 2027 Crack Seal Project.

1.7. 2027 Crack Seal Maps

2. Compensation.

2.1 Payment. Upon completion of the Project, the City shall pay compensation to Contractor in the amount of

Dollars and cents.

($_________________). This amount shall be the total compensation due to Contractor. Payment shall be made within fifteen (15) days of the City’s receipt of Contractor’s invoice.

2.2 ACH Payment Only. All payments owed by the City under this agreement shall be made using automated clearinghouse (“ACH”) bank transfers. The City will not make payments using checks, credit cards, or other means beyond an ACH transfer. Contractor agrees to provide the City with the information necessary for an ACH transfer and authorizes the City to make payments to Contractor through ACH transfers.

3. Time for Construction and Completion. The 2027 Crack Seal Project shall be completed by April 30th, 2027.

Contractor shall complete construction of the entire Project on or before April 30th, 2027.

4. Liquidated Damages. Time deadlines for the completion of the Project are material terms of this Agreement and

Contractor agrees to pay liquidated damages of $200/day to the City for each calendar day beyond April 30th, 2027 that the work on the 2027 Crack Seal Project is not complete. 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 Contractor pursuant to this Agreement.

5. Warranty. Contractor warrants to the City that all parts and materials used will be of good quality and new unless otherwise required or permitted by the City and that all labor will be performed in a workmanlike manner and will be free from faults and defects. Contractor shall replace or repair any faults or defects that are due to a defect in materials or workmanship and which are discovered within one year after completion of the Project.

6. Building Permits. Contractor shall be responsible for obtaining any required building permits and all required building inspections necessary for the performance of the Project as may be required by the City Building Department.

All work shall comply with the current building code and City of Orem Construction Standards and Specifications.

Contractor shall be responsible to coordinate all inspections and submittals.

7. Insurance Requirements.

7.1. Types. Contractor shall procure and maintain the following types of insurance for the duration of this Project.

Any subcontractor hired by Contractor to perform the Project shall also meet these insurance requirements.

7.1.1. Commercial General Liability. Commercial General Liability (CGL) insurance with coverage that is at least as broad as the Insurance Services Office Commercial General Liability coverage (occurrence form).

7.1.2. Business Auto. Business Auto insurance with coverage that is at least as broad as the Insurance Services

Office Business Auto Coverage form.

7.1.3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation insurance as required by the State of Utah and Employer’s Liability Insurance.

7.2. Coverage Limits. Contractor’s required insurance shall have the following minimum coverage limits:

7.2.1. Commercial General Liability. $2,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If the policy contains a general aggregate limit, the general aggregate limit must apply separately to this Agreement or the general aggregate limit shall be $3,000,000.00.

7.2.2. Business Auto. $2,000,000.00 combined single limit per accident for bodily injury and property damage. “Any auto” coverage is required.

7.2.3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation as required by the State of Utah and $1,000,000.00 per accident for Employer’s Liability.

7.3. Deductibles. Any deductibles or self-insured retentions must be declared to and approved by the City. At the

City’s option, the City may require that:

7.3.1. The insurer reduces or eliminate the deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or

7.3.2. Contractor shall procure a bond or letter of credit guaranteeing payment of any deductibles or self-inured retentions.

7.4. Policy Provisions. The policies shall contain, or be endorsed to contain, the following provisions:

7.4.1. Additional Insured. The City and its officers, officials, elected representatives, employees and volunteers shall be listed as additional insureds under the CGL and Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, Contractor and their respective officers, officials, elected representatives, employees, or volunteers.

7.4.2. Primary Insurance. Contractor’s insurance coverage shall be primary insurance. Any insurance or self-insurance maintained by the City shall be excess of Contractor’s insurance and shall not contribute with it.

7.4.3. Reporting. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, elected representatives, employees or volunteers.

7.4.4. Separate Application. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

7.4.5. Waiver of Subrogation. The insurers shall waive, in writing, all rights of subrogation against the City, its officers, officials, elected representatives, employees and volunteers for losses arising from Contractor’s actions in performing (or failing to perform) this Agreement.

7.4.6. Cancellation. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits, except after thirty (30) days’ prior written notice by certified mail has been given to the City. If required insurance lapses, the City shall have the option of:

7.4.6.1. Purchasing the insurance on behalf of Contractor and deducting the insurance costs from the amount owed to Contractor; or

7.4.6.2. Terminating this Agreement.

7.5. Best's Rating. Each insurer shall have a Best's rating of A-: VII or better. Insurers must maintain the A-:

VII or better rating for the entire term of this Agreement.

7.6. Certificates of Insurance. Contractor shall provide the City with certificates of insurance and with original endorsements effecting coverage required. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall obtain certificates of insurance from its subcontractors and provide copies of such to the City upon the City’s request.

7.7. Subcontractors. Contractor shall include any subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

7.8. Insurance Coverage. The City does not represent that the insurance coverage specified herein (whether in scope or amounts of coverage) is adequate to protect the obligations of Contractor or its subcontractors, and Contractor and its subcontractors shall be solely responsible for any deductibles and deficiencies thereof.

8. Indemnification. Contractor shall indemnify and hold the City and its officers, officials, elected representatives, employees, agents and volunteers harmless from and against all claims, damages, losses and expenses, and costs arising out of or resulting from Contractor’s acts or failures to act in performing this Agreement and completing the

Project. Contractor shall not be liable for the City’s own negligent acts

9. 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.

10. Utah Law. This Agreement shall be interpreted pursuant to the laws of the State of Utah.

11. Time of the Essence. Time shall be of the essence of this Agreement.

12. 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.

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

14. 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.

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

16. Limitation of Liability. Neither party shall be liable to the other for any special, indirect, incidental, consequential, punitive or exemplary damages, including, but not limited to, lost profits, even if such party has knowledge of the possibility of such damages.

17. Electronic Transaction and Signature. Each party agrees that this transaction may be conducted by electronic means. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this

Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.

Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such a record, including facsimile or email electronic signatures.

SIGNED AND ENTERED INTO THIS ____ day of , 2026.

City of Orem

Brenn Bybee, City Manager

ATTEST:

Teresa McKitrick, City Recorder

Contractor

Name and Title

STATE OF UTAH)

: ss.

COUNTY OF UTAH)

The foregoing instrument was acknowledged before me this ___ day of , 2026, by

_______________________________, as the _________________________________ of

_______________________________________(Contractor), who acknowledged that he/she executed this agreement on behalf of Contractor.

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 Orem, 56 North State Street, Orem, Utah, 84057 hereinafter called OWNER, in the penal sum of _______________ Dollars, ($_____) 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 , 202 , a copy of which is hereto attached and made a part hereof for the construction of 2027 Crack 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 .

By

(Principal Secretary)

(SEAL)

Witness as to Principal Address

Address

Surety Secretary

(SEAL)

Witness as to Surety 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.

PERFORMANCE BOND

00610-2

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 Orem 56 North State Street, Orem, UT 84057 hereinafter called OWNER, in the penal sum of _______________ Dollars ($_____) 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 , 202 , a copy of which is hereto attached and made a part hereof for the construction of 2027 Crack 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

Witness as to Principal

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:

PROJECT:

PROJECT NUMBER:

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 .

Brenn Bybee, City Manager

Receipt of the NOTICE OF AWARD is hereby acknowledged by:

this the day of , 202 .

Title

Section 00640

NOTICE TO PROCEED

To:

Date:

Project:

Project Number:

You are hereby notified to commence WORK in accordance with the Agreement dated on

_________________, and you are to complete the 2027 Crack Project by April 30th, 2027. The date of completion of all WORK is therefore April 30th, 2027 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.

Taggart Bowen

City Engineer

ACCEPTANCE OF NOTICE

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

this the day of , 202 .

Signature

Title

PROJECT CHANGE ORDER FORM

DATE

PROJECT MANAGER

PROJECT TITLE

CONTRACTOR

CHANGE ORDER #

PROJECT #

P. O. #

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:

SIGNATURE REQUIRED FOR APPROVAL

PROJECT MANAGER

CONTRACTOR

CONSTRUCTION ENGINEER

CITY ENGINEER

SECRETARY:

DATE ENTERED INTO THE SYSTEM:

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 Item

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.

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:

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

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

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

WORK.

4. DRAWINGS AND SPECIFICATIONS

4.1 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.

4.2 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.

4.3 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.

5. SHOP DRAWINGS

5.1 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.

5.2 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.

5.3 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 DRAWING and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the ENGINEER.

6. MATERIALS, SERVICES AND FACILITIES

6.1 It is understood that, except as otherwise specifically stated in the CONTRACT DOCUMENTS, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the WORK within the specified time.

6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the WORK.

Stored materials and equipment to be incorporated in the WORK shall be located so as to facilitate prompt inspection.

6.3 Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

6.4 Materials, supplies and equipment shall be in accordance with samples submitted by the CONTRACTOR and approved by the ENGINEER.

6.5 Materials, supplies or equipment to be incorporated into the WORK shall not be purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller.

7. INSPECTION AND TESTING

7.1 All materials and equipment used in the construction of the PROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT DOCUMENTS.

7.2 The OWNER shall provide all inspection and testing services not required by the CONTRACT DOCUMENTS.

7.3 The CONTRACTOR shall provide at his expense the testing and inspection services required by the CONTRACT

DOCUMENTS.

7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any WORK to specifically be inspected, tested, or approved by someone other than the

CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the ENGINEER the required certificates of inspection, testing or approval.

7.5 Inspections, tests or approvals by the engineer or others shall not relieve the CONTRACTOR from his obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCUMENTS.

7.6 The ENGINEER and his representatives will at all times have access to the WORK. In addition, authorized representatives and agents of any participating Federal or stated agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide proper facilities for such access and observation of the WORK and also for any inspection, or testing thereof.

7.7 If any WORK is covered contrary to the written instructions of the ENGINEER it must, if requested by the

ENGINEER, be uncovered for his observation of the WORK and replaced at the CONTRACTOR'S expense.

7.8 If the ENGINEER considers it necessary or advisable that covered WORK be inspected or tested by others, the

CONTRACTOR, at the ENGINEER'S request, will uncover, expose or otherwise make available for observation, inspection or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such

WORK is not found to be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate CHANGE ORDER shall be issued.

8. SUBSTITUTIONS

8.1 Whenever a material, article or piece of equipment is identified on the DRAWINGS or SPECIFICATIONS by reference to brand name or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the CONTRACT DOCUMENTS by reference to brand name or catalogue number, and if, in the opinion of the ENGINEER, such material, article, or piece of equipment is of equal substance and function to that specified, the ENGINEER may approve its substitution and use by the CONTRACTOR. Any cost differential shall be deductible from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall be appropriately modified by CHANGE ORDER. The CONTRACTOR warrants that if substitutes are approved, no major changes in the function or general design of the PROJECT will result.