1-AVWSID Security Fencing Project Manual S (1).docx

AVWSID

SECURITY FENCING PROJECT

PROJECT MANUAL

OCTOBER 21, 2O26

FOR BIDDING ONLY

Project #: 26O8-O68

DOCUMENT 00 01 10 TABLE OF CONTENTS

NUMBER TITLE

PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP

Division 00 – Procurement and Contracting Requirements

10/21/26

Introductory Information 00 01 10 Table of Contents Procurement Requirements

Contracting Requirements

SPECIFICATIONS GROUP

GENERAL REQUIREMENTS SUBGROUP (Division 01) Division 01 – General Requirements

FACILITY CONSTRUCTION SUBGROUP (Division 02 to 19) Division 02 – Existing Conditions 02 41 13 Selective Site Demolition Division 03 to 19 – Not Used

AVWSID

Security Fencing 2608-068 00 01 10 Table of Contents

FACILITY SERVICES SUBGROUP (Division 20 to 29) – Not Used

SITE AND INFRASTRUCTURE SUBGROUP (Division 30 to 39) Division 30 to 31 – Not Used Division 32 – Exterior Improvements 32 31 13 Chain Link Fences and Gates Division 33 to 39 – Not Used PROCESS EQUIPMENT SUBGROUP (Division 40 to 49) - Not Used

DOCUMENT 00 11 13 ADVERTISEMENT FOR BIDS

Ashley Valley Water and Sewer Improvement District, 1753 East 1500 South, Naples, UT 8478 General Notice:

Ashley Valley Water and Sewer Improvement District (Owner) is requesting Bids for the construction of the following Project: Security Fencing.

Bids for the construction of the Project will be received at the AVWSID Office located at 1753 East 1500 South, Vernal, UT, until Thursday, November 5, 2026, at 11:00 AM local time. At that time, the Bids received will be publicly opened and read.

The Project includes the following Work: Removal of approximately 715 feet of existing fence, installation of 1725 ft of new security fence, installation of four gates, and associated work. Bids will be received for single contract.

Owner anticipates that the Project’s total bid price will be approximately $110,000.The Project is expected to be completed by December 30, 2026.

Obtaining Bidding Documents:

Information and Bidding Documents for the Project can be found at Owner’s website and Contractor Portal (https://contractors.jonesanddemille.com/).

The designated websites will be updated with addenda, plan holders list, reports, and other information relevant to submitting a Bid for the Project. Official notifications, addenda, and other Bidding Documents will be offered through the designated websites.

The Issuing Office for the Bidding Documents is: Jones & DeMille Engineering, Inc., 205 North Vernal Avenue, Vernal, Utah 84078. Only electronic copies of Bidding Documents will be issued.

Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including addenda, if any, obtained from sources other than the designated websites.

Questions are due in writing to Talon Mortenson, Project Engineer, at talon.m@jonesanddemille.com on or before November 2, 2026, at 5:00 PM.

Pre-bid Conference:

A mandatory pre−bid conference for the Project will be held on Thursday, October 29, 2026, at 10:00 AM local time at AVWSID Office 1753 East 1500 South, Naples, UT 84078. Bids will not be accepted from Bidders that do not attend the mandatory pre−bid conference.

Instructions to Bidders:

For further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents. The Owner may reject any or all bids submitted.

Issued by:

AVWSID 00 11 13 Advertisement for Bids

Security Fencing (2608-068)

DOCUMENT 00 21 13 INSTRUCTIONS TO BIDDERS

ARTICLE 1 - DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the Contract Documents. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

A. Information regarding two projects similar in size and scope as proposed Project that Bidder has completed within the last five years. Include name and phone number of person Owner or Engineer may contact regarding each referenced project. or Written evidence establishing its qualifications such as financial data, previous experience, present commitments, and other information as indicated in Document 00 45 13 – Bidder’s Qualifications.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract.

C. Bidder’s state or other contractor license number.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights−of−way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

AVWSID

Security Fencing (2608-068) 00 21 13 Instructions to Bidders

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions:

1. No reports of explorations or tests of subsurface conditions at or adjacent to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner.

2. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 A mandatory pre−bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are required to attend and participate in the conference. Only Bids from those Bidders who participate in the mandatory pre−bid conference will be considered. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

5.02 Participation in the pre−bid conference will not be made available online through Zoom.

5.03 Information presented at the pre−Bid conference does not alter the Contract Documents. Owner or Engineer will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre−Bid conference. Information presented, and statements made at the pre− bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 6 – INTERPRETATIONS AND ADDENDA

6.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 7 – BID SECURITY

7.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety licensed and authorized to issue bonds in the jurisdiction in which the Project is located.

7.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 14 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

7.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until thirty days after the Bid opening, whereupon Bid security furnished by such Bidders will be released or destroyed.

7.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released or destroyed within seven days after the Bid opening.

ARTICLE 8 – SUBSTITUTE AND “OR-EQUAL” ITEMS

8.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or−equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or−equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall include sufficient information to allow Engineer to determine if proposed material or equipment is acceptable. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

8.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post−Bid approvals of “or−equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 9 – BASIS OF BID

9.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Contract Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Contract Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined based on actual quantities used for the Work.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

ARTICLE 10 – SUBMITTAL OF BID

10.01 An unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of the Bid Form.

10.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the other required documents.

A. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to AVWSID 1753 East 1500 South, Naples, UT 84078.

10.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 11 – MODIFICATION AND WITHDRAWAL OF BID

11.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

11.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in the Paragraph above and submit a new Bid prior to the date and time for the opening of Bids.

11.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 12 – OPENING OF BIDS

12.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non−responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 13 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

13.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 14 – EVALUATION OF BIDS AND AWARD OF CONTRACT

14.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

14.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

14.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Contract Form or prior to the Notice of Award.

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

14.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

A. In order to be considered qualified for the Project, the Bidder shall meet the requirements indicated in Document 00 45 13 – Bidder’s Qualifications. Submit attachments to Document 00 45 13 – Bidder’s Qualifications with Bid to document qualifications.

14.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 15 – SIGNING OF CONTRACT

15.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted Contract Documents. Within 14 days thereafter, Successful Bidder shall execute and deliver the required bonds, insurance and other required documentation to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Contract to Successful

Bidder, together with four printed and one portable document format (PDF) electronic copies of the Contract Documents.

15.02 The effective date of the Contract will be the date indicated on the Contract.

15.03 It is intended that the Contract Time will commence to run as soon as possible after the Contract Documents have been executed. The Contractor, Owner and Engineer will determine a mutually agreed upon date for the Contract Times to commence to run and that date will be indicated on the Notice to Proceed issued by the Owner.

END OF DOCUMENT

DOCUMENT 00 41 15 BID FORM

AVWSID – Security Fence 2608−068

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to: Ashley Valley Water and Sewer Improvement District at 1753 East 1500 South, Vernal, Ut 84078.

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Bidding Documents.

AVWSID

Security Fencing (2608-068) 00 41 15 Bid Form

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site−related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, 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 individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non−competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non−competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

UNIT PRICE BID.

Item No.

Bid Unit Price

Bid Price

Total Base Bid Price

Alternate 1

Total Bid Price with Alternate 1 Substitute

Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security.

B. List of Proposed Subcontractors.

C. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids.

D. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids.

E. Required Bidder qualification information as indicated in Article 3 of the Instructions to Bidders.

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders and the Contract.

ARTICLE 9 – BID SUBMITTAL

BIDDER: [lndicate correct name of bidding entity]

By:

[Signature]

[Printed name]

(lf Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

[Signature] [Printed name] Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e−mail address:

Bidder’s License No.:

DOCUMENT 00 43 13.11 BID BOND (PENAL SUM FORM)

Bidder Name:

Address (principal place of business):

Surety Name:

Address (principal place of business):

1753 East 1500 South, Vernal, Utah 84078

Bid Due Date:

Bond Penal Sum: Date of Bond:

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

Bidder

Surety

(Full formal name of Bidder) By:

(Signature) Name:

(Printed or typed) Title:

Attest:

(Signature) Name:

(Printed or typed) Title:

(Full formal name of Surety) (corporate seal) By:

(Signature) (Attach Power of Attorney) Name:

(Printed or typed) Title:

Attest:

(Signature) Name:

(Printed or typed) Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC® C-430, Bid Bond (Penal Sum Form).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation will be null and void if:

3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre−paid, and will be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

1.1 SUMMARY

DOCUMENT 00 45 13 BIDDER’S QUALIFICATIONS

AVWSID

Security Fencing (2608-068) 00 45 13 Bidder’s Qualifications

A. The Owner intends to award the Contract for the Work described by the Contract Documents to a sufficiently experienced, responsible, financially capable and qualified Bidder in consideration of all factors judged to be in the best interest of the Owner.

B. To be considered for Award, Bidders must complete and submit an accurate Bidder’s Qualifications Statement along with the Bid using the form attached to this Document as Exhibit A.

C. Minimum bidder qualifications requirements are specified herein.

D. The Owner and Engineer will evaluate the submitted Bidder’s Qualifications Statement using their best judgment, as well as other information as may be discovered by the Owner or Engineer pertaining to the Bidder’s qualifications to determine if Bidder meets the minimum qualification requirements.

1.2 BIDDER ACKNOWLEDGEMENT

A. In the event a Bidder challenges the Award decision made by the Owner, or any recommendation made by the Engineer, and the Owner’s decision is upheld upon review by an appropriate review agency or court, the protesting Bidder shall be liable for all costs and expenses incurred by the Owner and Engineer, including attorney’s fees, as well as the costs and expenses associated with any delay in Contract Award. Furthermore, Owner or Engineer will not be liable to Bidder for costs or damages of any kind, including consequential damages related to Engineer’s recommendation or Owner’s decisions regarding Bidder’s Qualifications.

B. Bidder’s submission of a Bid for this Contract shall indicate Bidder’s acceptance of the foregoing provision.

1.3 MINIMUM QUALIFICATIONS

A. To be considered qualified, Bidder must submit satisfactory responses prior to Award, all items listed in paragraph B and C below.

B. General Requirements:

1. Construction experience with demonstrated excellence and quality in the construction of similar fencing projects.

2. Respondent and sub-contractor(s) companies are headquartered or have a significant regional business office located in the State of Utah, and are registered to conduct business in the State of Utah.

3. That firm has the resources, including personnel and equipment to manage, perform and finally complete the Work in the identified Contract Time.

4. Project organization structure.

5. Key personnel experience.

C. Specifically, in addition to the general requirements noted above, the following minimum Bidder qualification requirements are required to be considered for Contract Award.

1. Experience successfully constructing at least two similar sized fencing projects within the last five 5 years.

D. The determination of what constitutes a similar project will be at the sole discretion of the Engineer based on their professional judgment. In general, the term “similar” as used above describes a fencing project experience with similar contract dollar value, fence length and/or a similar level of complexity (i.e., mountain climate construction and terrain).

E. The term successful as used above refers to satisfactory completion or significant progress of at least 85 percent towards completion of a project in accordance with the project’s Contract Documents, with quality work, in a timely fashion and without excessive and unjustified claims and or Change Orders. References and opinions of the owner and engineer for reference projects, or any project completed or currently in progress by Bidder will also be considered when determining if the project was successfully completed or in the process of being successfully completed.

F. Complete the certification form attached to this Document as Exhibit B.

1.4 ATTACHMENTS

A. Attachments:

1. Exhibit A – Bidder’s Qualifications Statement, consisting of 7 pages.

2. Exhibit B – Certification of Bidder’s Experience and Qualifications, consisting of one page.

END OF DOCUMENT

EXHIBIT A

BIDDER’S QUALIFICATIONS STATEMENT

The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter.

SUBMITTED TO:

SUBMITTED BY:

1. How many years has your organization been in business as a General Contractor?

2. How many years has your organization been in business under its present business name?

3. If a Corporation, answer the following:

a. Date of Incorporation

b. State of Incorporation

c. President

d. Vice President(s)

e. Secretary

f. Treasurer

4. If a Partnership, answer the following:

a. Date of Organization

b. Type of Partnership

c. Name and Address of all partners:

Security Fencing (2608-068) 00 45 13 Page A1 of A7 Exhibit A Bidder’s Qualifications Statement

5. If other than a Corporation or Partnership, describe the organization and name principals:

6. What percent of work do you normally perform with your own forces:

List trades:

7. Have you ever failed to complete any work awarded to you? If so, indicated when, where and why.

8. Has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete a construction contract?

If so, what were the circumstances?

9. List major construction projects your organization has under contract on this date:

Name

10. List major construction projects your organization has completed in the past 5 years:

Name

11. List the construction experience of the principal individuals in your organization:

Individual’s Name Construction Experience (years)

Present Position & Years of Experience

Dollar Volume Responsibility

Previous Position & Years of Experience

12. List states and categories in which your organization is legally qualified to do business:

13. Project references and performance information:

List and provide company Project References and performance information for at least 2 similar fencing projects. List the project references below and provide additional information by completing a Project Reference Form at the end of this Exhibit for each listed reference project.

Completed

14. Name of bonding and insurance companies, and name and address of agents:

15. The undersigned agrees to furnish, upon request by the Owner, within 48 hours after bid proposal opening, a current Statement of Financial Conditions, including the Contractor’s latest regular dated financial statement of balance sheet which must contain the following items:

Current assets: Cash, joint venture accounts, accounts receivable, notes receivable, accrued interest on notes, deposits, and materials, and prepaid expenses, next fixed assets and other assets.

Current liabilities: Accounts payable, notes payable, accrued interest on notes, provision for income taxes, advances received from owners, accrued salaries, accrued payroll taxes, other liabilities, and capital (capital stock, authorized and outstanding shares par values, earned surplus).

Date of statement of balance sheet:

Name of firm preparing statement:

By (Agent and Capacity):

16. Dated at , this

By:

Title:

17. NOTARIZATION:

State of:

County of:

Subscribed and sworn before me this day of 20 . (Day) (Month) (Year) Notary Public:

My commission expires:

SIMILAR PROJECT REFERENCE FORM

(Complete for at least 2 projects)

Project No:

Project Name and Location:

Bid Amount:

Dollar Amount and Number of Change Orders:

Fence Length Other Information? (Attach as needed)

Names Key Contractor Personnel:

Project Manager Project Engineer Superintendent Are all of these persons still employed by your organization If no, name those employee(s) not currently employed Name and phone number of currently employed individual at your organization who is familiar with this Project.

Name, Address, and Telephone Number of Owner (including name and telephone number of contact person):

Name, Address, and Telephone Number of Engineer if applicable (including name and telephone number of contact person):

Name, Address, and Telephone Number of Construction Manager employed by Owner

Amount and number of claims resulting in arbitration or litigation:

Amount of Settlement:

Further Information of Claims:

(Repeat for other projects)

END OF DOCUMENT

EXHIBIT B

CERTIFICATION OF BIDDER’S EXPERIENCE AND QUALIFICATIONS

The undersigned Bidder certifies that Bidder is, and shall be, throughout the period of the contract, licensed by the State of Utah to do the type of work required under terms of the contract documents. Bidder further certifies that Bidder is skilled and regularly engaged in the general class and type of work called for in the Contract Documents. The Bidder warrants that Bidder is competent, knowledgeable and has special skills on the nature, extent and inherent conditions of the work to be performed.

Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the particular facilities which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly acknowledges that Bidder is aware of such peculiar risks and that Bidder has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work with respect to such hazards.

Signed this day of , 20 .

Name of Bidder

Contractor’s License No.

Signature of Bidder

Title of Signator

END OF DOCUMENT

Security Fencing (2608-068) 00 45 13 Page B1 of B1 Exhibit B - Certification of Bidder’s Experience and Qualifications

DOCUMENT 00 51 00 NOTICE OF AWARD

Date of Issuance:

Bidder:

Bidder’s Address:

TO BIDDER:

You are notified that Owner has accepted your Bid for the above Contract, and that you are the Successful Bidder and are awarded a Contract for the following:

[Describe Work, alternates, or sections of Work awarded] The Contract Price of the awarded Contract is: $[Note if subject to unit prices, or cost−plus.] Contract Documents will be made available to Bidder.

You must comply with the following conditions precedent within 14 days of the date of receipt of this Notice of Award:

1. Deliver performance and payment bonds.

2. Deliver insurance documentation.

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.

Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract, together with any additional copies of the Contract Documents.

Owner: [Name of Owner]

Authorized Signature By:

Title:

DOCUMENT 00 52 15

CONTRACT FOR CONSTRUCTION OF A SMALL PROJECT

EJCDC® C-522, Contract for Construction of a Small Project.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

CONTRACT FOR CONSTRUCTION OF A SMALL PROJECT

ARTICLE 1 - THE WORK

1.01 Work

A. Work includes all labor, materials, equipment, services, and documentation necessary to construct the Project defined herein. The Work may include related services such as testing, start−up, and commissioning, all as required by the Contract Documents.

B. The Contractor shall complete all Work as specified or indicated in the Contract Documents. The Project is generally described as follows:

1. AVWSID Security Fencing, which includes removal of 715 feet of existing fencing, installation of 1725 ft of chain link security fencing, installation of 4 gates, and associated work.

2. The Site of the Work includes property, easements, and designated work areas described in greater detail in the Contract Documents but generally located near Old Power Plant Road and Dry Fork Canyon Road.

ARTICLE 2 - CONTRACT DOCUMENTS

2.01 Intent of Contract Documents

A. It is the intent of the Contract Documents to describe a functionally complete project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Owner and Engineer. This Contract supersedes prior negotiations, representations, and agreements, whether written or oral. The Contract Documents are complementary; what is required by one part of the Contract Documents is as binding as if required by other parts of the Contract Documents.

B. During the performance of the Work and until final payment, Contractor and Owner shall submit all matters in question concerning the requirements of the Contract Documents, or relating to the acceptability of the Work under the Contract Documents to the Engineer. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder.

C. Engineer will render a written clarification, interpretation, or decision on the issue submitted, or initiate a modification to the Contract Documents.

D. Contractor, and its subcontractors and suppliers, shall not have or acquire any title to or ownership rights to any of the Drawings, Specifications, or other documents (including copies or electronic media editions) prepared by Engineer or its consultants.

EJCDC® C-522, Contract for Construction of a Small Project.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 19

2.02 Contract Documents Defined

A. The Contract Documents consist of the following documents:

1. This Contract.

2. Performance bond.

3. Payment bond.

4. Specifications listed in the Table of Contents.

5. Drawings titled AVWSID Security Fencing Project containing 7 pages.

6. Addenda.

7. Exhibits to this Contract (enumerated as follows):

a. Exhibit 1 – Contractor’s Bid.

8. The following which may be delivered or issued on or after the Effective Date of the Contract:

a. Notice to Proceed.

b. Work Change Directives (EJCDC C−940).

c. Change Orders (EJCDC C−941).

d. Field Orders.

e. BLM acceptance letter.

ARTICLE 3 - ENGINEER

3.01 Engineer

A. The Engineer for this Project is Jones & DeMille Engineering, Inc.

ARTICLE 4 - CONTRACT TIMES

4.01 Contract Times

A. The Work will be substantially completed on or before December 30, 2026, and completed and ready for final payment on or before January 6, 2027.

4.02 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence in the performance of the Contract, and that Owner will incur damages if Contractor does not complete the Work according to the requirements of Paragraph 4.01. Because such damages for delay would be difficult and costly to determine, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $500.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $250.00 for each day that expires after such time until the Work is completed and ready for final payment.

4.03 Delays in Contractor’s Progress

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

B. Contractor shall not be entitled to an adjustment in…