1-BID DOCUMENTS - FY278 CHIP SEAL OIL SUPPLY.pdf

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CONTRACT DOCUMENTS

FOR

Chip Seal Oil Supply

Reference No. 26-295

St. George, Utah

JULY 2026

City of St. George

Engineering/Public Works

St. George, Utah https://www.sgcity.org/

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TABLE OF CONTENTS

BID DOCUMENTS

Information for Bidders

Bid Form

Bidder's General Information

AGREEMENT DOCUMENTS

Agreement

Notice of Award

SPECIAL PROVISIONS

SPECIFICATIONS

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INFORMATION FOR BIDDERS

BID OPENING:

The City of St. George, hereinafter called “CITY”, shall receive BIDS for the following:

Project: Chip Seal Oil Supply

Reference No.: 26-295

1. Bid Timeline:

BID OPEN TO THE PUBLIC: Tuesday July 7, 2026

QUESTIONS DUE DATE: Wednesday July 15, 2026, by 2:00pm.

SUBMISSION CLOSE DATE: Thursday July 16, 2026, at 2:00pm

2. All BIDS must be submitted via sgcity-utah.bonfirehub.com. Any BID may be edited or withdrawn prior to the above scheduled time for the opening of BIDS. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the CITY and the BIDDER.

3. BIDS shall be based on the BID SCHEDULE UNIT PRICES and shall include all the work called for by the plans and specifications and bidding documents. In the case of a discrepancy in the extension of a line item, the unit price shall govern. In the case of a difference between the amount written in words and the amount written in figures, the written words shall govern. BIDDERS must satisfy themselves of the accuracy of the estimated quantities, where given 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. UNIT PRICES as called for in the BID Schedule shall be submitted to cover all additions and deductions in the scope of the WORK. CITY has the right to reduce or remove items from the project.

4. Bid Schedules are included in the Requested Information for a Base Bid and any alternatives.

It is the CITY'S intent to award this contract based upon the Base Bid. The CITY, in consultation with the ENGINEER, shall add bid items at the City’s sole discretion. The low bid shall be considered to be the bid which has the lowest base bid items selected by the

CITY for inclusion in the final Agreement.

5. The CONSTRUCTION SCHEDULE is particularly important to the CITY. The BID shall include a construction schedule prepared using spreadsheet or scheduling software, showing all main work categories, including at least clearing and grubbing, grading, and drainage, building construction, building interiors, concrete work, and asphalt paving.

6. It is the CITY'S intention to receive delivery no sooner than August 2, 2026, and to complete the project no later than September 5, 2026, and April 1, 2027, to June 30, 2027, respectively.

BIDDER'S must be able to commit to these dates before submitting Bids.

https://sgcity-utah.bonfirehub.com/portal/?tab=openOpportunities

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7. The CITY shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and delineates and describes, the land owned and rights-of-way acquired or to be acquired.

CONTRACT DOCUMENTS:

1. The CONTRACT DOCUMENTS contain the provisions required for the construction of the project. Information obtained from an officer, agent, or employee of the CITY 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.

AWARDING CONTRACT:

1. The CITY may waive any informalities or minor defects or reject any and all BIDS.

2. The CITY may make such investigations as it deems necessary to determine the ability of the

BIDDER to perform the WORK, and the BIDDER shall furnish to the CITY all such information and data for this purpose as the CITY may request. The CITY reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the CITY that such BIDDER is properly qualified to carry out the obligations of the

Agreement and to complete the Agreement and to complete the WORK contemplated therein.

3. The BIDDER, by evidence of the submission of the BID, acknowledges that BIDDER and

BIDDER’S subcontractors meet or exceed the specified requirements for related project experience and insurances, and that should the CITY discover at any time evidence to the contrary, BIDDER agrees to withdraw BIDDER’S BID and to allow the CITY to award the

CONTRACT to the next lowest responsible BIDDER. BIDDER must have the proper contractor’s license for this type of project prior to bidding on the project. It is solely

BIDDER’S responsibility to comply with all applicable federal, state, and local laws, regulations, and ordinances that affect this project.

4. Award will be made to the lowest responsible BIDDER as determined by the City using the criteria contained in City ordinances governing the award of contracts. The BID shall be awarded on the condition that the BIDDER provides all required documents prior to the

NOTICE TO PROCEED being issued. Failure to provide the required documents shall be considered a default on the Contract and may result in the CITY awarding the Contract to another BIDDER in addition to other legal remedies.

5. The party to whom the contract is awarded will be required to the Certificate of Legal Work

Status for the BIDDER and all Subcontractors and the certificate of insurance within ten (10) calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The

NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms.

The bid shall be awarded on the condition that the BIDDER provides all required documents prior to the NOTICE TO PROCEED being issued. Failure to provide the required documents shall be considered a default on the Contract and may result in the City Awarding the

CONTRACT to another BIDDER in addition to other legal remedies.

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6. In case of failure of the BIDDER to execute the Agreement or is found to be ineligible or becomes ineligible to meet all the requirements for the project, the CITY may at its option consider the BIDDER in default, in which case the BID BOND accompanying the proposal shall become the property of the CITY.

7. Upon receipt of Agreement signed by the party to whom the Agreement was awarded, the

CITY shall sign the Agreement and return to such party an executed duplicate of the

Agreement. Should the CITY not execute the Agreement, the BIDDER may by WRITTEN

NOTICE withdraw the BIDDER’S signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the CITY.

8. The NOTICE TO PROCEED shall be issued immediately upon the following occurring:

providing the executed Agreement to the CITY, providing the performance and payment

BONDS to City, and providing the insurance certificates to City. Should there be reasons why the City wants to delay and the NOTICE TO PROCEED cannot be issued within such period the time may be extended by mutual agreement between the CITY 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.

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

10. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. 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.

END OF SECTION

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BID FORM

Inquiry No: 26-295

Proposal of (“BIDDER"), organized and existing under the laws of the State of doing business as a corporation, partnership, or an individual (circle applicable status), to the City of St. George ("CITY"). Pursuant to and in compliance with the Public Notice, BIDDER hereby proposes to perform all Work for the above named Project in strict accordance with the Contract

Documents, BIDDER'S Instructions, Drawings, Specifications, and other documents related thereto, the undersigned, having familiarized themselves with the existing conditions on the site and the conditions under which the work on the Drawings and in the Specifications is to be done, hereby proposes to furnish all labor, materials, equipment, incidental items, permits, fees, and services to perform all specified work on the above named project.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, 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.

All Work shall be in strict accordance with the Contract Documents and documents issued thereto and shall be installed at the price/prices set forth in the Contract Documents. Bidder acknowledges that all Work shall be done subject to CITY’S approval. Decisions and questions as to the quality, suitability, and acceptability of the materials, interpretation of drawings and specifications, and acceptable fulfillment of the Contract by the BIDDER shall be made by CITY.

Of particular importance to be considered in the BID are the following:

CONTRACT TIME AND LIQUIDATED DAMAGES

The WORK is to be performed within the specified CONTRACT TIME. If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or extension of time granted by the CITY, then the CONTRACTOR will pay the CITY LIQUIDATED DAMAGES assessed at the rates established as follows:

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a. $250.00 (dollars) per day for each calendar day that the CONTRACTOR shall be in default after the CONTRACT TIME.

b. $250.00 (dollars) per day for failure to make repairs to deficiencies in the work within 10 days of notification to repair.

The rates specified in ‘b.’ above are cumulative and are in addition to LIQUIDATED DAMAGES assessed in association with the overall Contract Time as listed in ‘a.’ above. Additional information on LIQUIDATED DAMAGES is provided in the GENERAL CONDITIONS.

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MATERIAL PURCHASE AGREEMENT

The City of St. George, a municipal corporation (the “City”), and (“Independent

Contractor” or “Seller”), hereby enter this Agreement effective as of (the

“Effective Date”). City and Independent Contractor may hereinafter jointly be referred to as “the

Parties.” City and Independent Contractor may hereinafter individually be referred to as “Party.”

RECITALS

WHEREAS, City desires to purchase 2,500 Tons Chip Seal Oil; and

WHEREAS, City solicited bids through the formal bid process for the purchase of equipment/supplies/materials and the bid is hereby incorporated as part of this agreement; and

WHEREAS, Seller submitted a bid dated _______________, which outlines the items to be purchased, the quantity and the price, as shown in the bid schedule, and is hereby incorporated as part of this agreement; and

WHEREAS, City after review of the bids selected Independent Contractor to provide the equipment/supplies/ materials for the Project;

NOW, THEREFORE, for the consideration hereinafter set forth and in accordance with the conditions and representations contained herein, the parties hereby agree as follows:

TERMS

Based on the foregoing recitals and the following covenants, obligations, terms and conditions, the receipt and sufficiency of which as sufficient consideration the Parties hereby acknowledge, the

Parties agree as follows:

1. PURCHASE. Seller shall provide the goods described in the bid schedule and specifications.

2. PURCHASE PRICE AND PAYMENT. The City shall pay Independent Contractor the amount shown on the accepted bid. The City shall have no obligation to pay Independent

Contractor any other amounts for any other reason. City shall pay Independent Contractor in full within 30 days of delivery of the goods to the City, acceptance of those goods by the City and receipt of the invoice. As Independent Contractor is not an employee of the City, Independent Contractor shall not be entitled to any employee benefits, nor will the City withhold any taxes, including FICA, from any payment made to Independent Contractor, nor will the City provide any unemployment or worker’s compensation coverage.

3. DELIVERY. Time is of the essence in the performance of this Agreement. will arrange for delivery to Buyer. Seller will deliver the goods required by the Agreement between

______________, and ______________, unless the period for delivery is extended by City.

City, upon receiving possession of the goods, shall have a reasonable opportunity to inspect the goods to determine if the goods conform to the requirements of the conditions of this sale.

If the City, in good faith, determines that all or a portion of the goods are non-conforming, the

City may return the goods to the Seller at no cost to City. Independent Contractor is strictly liable for goods until City accepts delivery of goods..

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4. INDEMNIFICATION. Independent Contractor shall indemnify and hold the City and each of the City’s employees, agents, representatives, attorneys, administrators, successors and assigns harmless from any claims, demands, causes of action, liabilities and obligations asserted by any Party arising out of or in any way connected with (a) Independent Contractor’s alleged or actual breach of this Agreement, (b) the inaccuracy of any warranty or representation made by Independent Contractor, (c) any actual or alleged failure by Independent Contractor to conform to or comply with any laws or regulations applicable to its obligations herein, (d) any act or omission by Independent Contractor in the performance of this Agreement. The City may select, in the City’s sole and absolute discretion but at the sole expense of Independent

Contractor, attorneys to defend against any action brought against the City for which

Independent Contractor is bound to indemnify the City.

5. COMPLIANCE WITH APPLICABLE LAWS. Seller expressly acknowledges and agrees that nothing in this Agreement shall be deemed to relieve Seller from any obligation to comply with all applicable requirements of the City including the payment of fees and compliance with all other applicable ordinances, resolutions, regulations, policies and procedures of City, except as modified, waived or declared in this Agreement. Seller shall comply with all federal, state, and local laws, regulations, and ordinances.

6. INTERPRETATION. Captions and headings are used for reference only and must not be used in construing or interpreting this Agreement. All recitals set forth at the beginning of this

Agreement are, by this reference, fully incorporated into this Agreement and the facts recited therein shall be deemed conclusive for any purpose. All exhibits referred to in this Agreement are deemed fully incorporated herein, whether or not actually attached. As used herein (i) the singular include the plural (and vice versa) and the masculine or neuter gender include the feminine gender (and vice versa) as the context may require; (ii) locative adverbs such as

"herein", "hereto", and "hereunder" refer to this Agreement in its entirety and not to any specific section or paragraph; (iii) the terms "include,” "including," and similar terms must be construed as though followed immediately by the phrase "but not limited to;" and (iv) the terms

“Party” and “Parties” refer only to a named Party or Parties to this Agreement unless the context requires otherwise. All Parties have jointly participated in the negotiation and drafting of this Agreement upon advice of their own, independent counsel or had the opportunity to do so, and this Agreement must be construed fairly and equally as to all Parties as if drafted jointly by them. If there is any conflict between the terms of this Agreement and any other related documents, including any exhibits identified herein, the terms of this Agreement shall prevail.

7. LIMIT ON AUTHORITY; NO PARTNERSHIP. Nothing herein shall be deemed to (1) give either Party the authority to act on behalf of the other in any manner or (2) create any type of joint venture or partnership between the Parties in any manner.

8. CERTIFICATE RE: IMMIGRATION LAWS. Independent Contractor certifies that it does not and will not during the term of this Agreement knowingly employ, or subcontract with any entity which employs workers in violation of 8 USC § 1324a. Independent Contractor shall produce, at the City’s request, such documents which are required to verify compliance with applicable State and Federal laws. If Independent Contractor knowingly employs workers in violation of 8 USC § 1324a, such violation shall be cause for unilateral cancellation of this

Agreement. If this Agreement is terminated due to violation of 8 USC § 1324a, Independent

Contractor shall be liable for any and all costs associated with such termination including, but not limited to, any damages incurred by the City as well as attorney fees.

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9. ACKNOWLEDGEMENT OF PUBLIC DISCLOSURE LAWS. Independent Contractor hereby acknowledges that (1) the City is subject to the Government Records Access and

Management Act, Chapter 2, Title 63G, Utah Code Annotated or its successor, (2) pursuant thereto all materials submitted by Sponsor pursuant to this Agreement may be subject to disclosure as government records, and (3) the City has no duty or obligation to withhold any such materials from disclosure in any manner.

10. COMPLIANCE WITH PUBLIC CONTRACTING BOYCOTTING RESTRICTIONS.

Company certifies that it is in compliance with the public contract boycotting restrictions as set forth in Utah Code § 63G-27-201 and agrees not to engage in any such restricted boycotting for the duration of this Agreement, and to notify the City in writing if it begins engaging in an economic boycott.

11. BENEFICIARIES. This Agreement shall be binding upon and inure to the benefit of the

Parties and to their respective heirs, representatives, successors and permitted assignees. This

Agreement is intended for the exclusive benefit of the Parties and permitted assignees and is not intended and shall not be interpreted as conferring any benefit on any third party.

Independent Contractor may not assign the rights or obligations under this Agreement to any third party.

12. ENTIRE AGREEMENT. The Parties intend that this Agreement is the final expression of their Agreement and constitutes their entire understanding regarding this subject matter. This

Agreement supersedes any previous or contemporaneous negotiations or communications of any kind between the Parties and contains all the terms agreed upon between the Parties. No

Party relied on any other term, warranty, and/or covenant as an inducement to enter this

Agreement.

13. AMENDMENT. The Parties shall not amend or modify this Agreement in any way unless in writing signed by the Parties.

14. FURTHER ACTION. Each Party shall promptly do any act or execute and deliver any document reasonably necessary to comply with their respective obligations under this

Agreement in order to carry out the intent of the Parties in consummating this transaction.

15. WAIVER. Neither the failure of either Party to insist upon the timely or full performance of any of the terms and conditions of this Agreement, nor the waiver of any breach of any of the terms and conditions of this Agreement, shall be construed as thereafter waiving any such terms and conditions, but these shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

16. SEVERABILITY. If any court of competent jurisdiction declares any portion of this

Agreement unenforceable, the Parties shall deem such portion as severed from this Agreement, and shall deem the remaining parts of this Agreement, including without limitation the remaining parts of the paragraph of which the unenforceable portion was a part, in full force and effect as though such unenforceable portion had never been part of this Agreement. The

Parties shall replace any such unenforceable portion with an enforceable provision which will achieve, to the extent possible, the purposes of the unenforceable portion.

17. FORUM AND LAW. Utah law shall govern this Agreement without respect to any principles of choice of law or conflicts of law. Jurisdiction and venue of any action commenced relating to this Agreement shall be exclusively in courts located in, or with jurisdiction over, Approved as to form by City Legal: 2/5/2024 Page 11 of 12

Washington County, Utah.

18. COSTS AND FEES. Each Party shall pay its own costs and fees including attorneys fees for any matters arising out of or in connection to this Agreement.

19. NOTICES, REQUESTS, AND COMMUNICATIONS. Unless otherwise set forth above, all notices, requests, and communications required by this Agreement shall be in writing. Any

Party delivering any written document shall deliver the written document by any of the following means: (1) certified or registered mail, postage prepaid, return receipt requested, in which case the written document shall be deemed delivered upon the earlier of actual receipt or three business days after the postmark date, (2) recognized commercial overnight courier, in which case the written document shall be deemed delivered one business day after acceptance for next business-day delivery by the courier, or (3) personal delivery, in which case the written document shall be deemed delivered when received. The addresses to which the written documents shall be delivered are as follows:

CITY: City of St. George INDEPENDENT (Company Name)

61 South Main Street CONTRACTOR: (Address)

St. George, Utah 84770 (City, State, Zip)

Attention:

Copy:

City Attorney legal@sgcity.org

Attention: (Contact Name)

Any Party shall deliver notice of change of address in the manner described in this section.

Rejection or other refusal to accept a notice or the inability to deliver a notice because of a changed address of which no notice was given will be deemed to constitute receipt of the notice sent.

20. EXECUTION. By executing this Agreement below, the executing individuals acknowledge that (1) they have read this Agreement, (2) they understand its terms, (3) they have had the opportunity to have this Agreement reviewed by independent counsel, (4) they have the full and complete authority to execute this Agreement on their own behalf or on the behalf of any entity which they represent, and (5) they intend to bind themselves or the entity which they represent, if any, to the terms of this Agreement in full. The failure of any executing individual to date their signature will not affect the validity of this Agreement.

21. COUNTERPARTS. This Agreement may be signed in counterparts and each such counterpart shall constitute an original document. All such counterparts, taken together, shall constitute one and the same instrument. Any signature on this Agreement transmitted by facsimile, electronically in PDF format, or by other generally accepted means of conveying digital signatures (e.g. DocuSign) shall be deemed an original signature for all purposes and the exchange of copies of this Agreement and of signature pages by any such transmission, or by a combination of such means, shall constitute effective execution and delivery of this

Agreement as to the Parties and may be used in lieu of the original for all purposes.

In witness of their intention to be bound by the above covenants, obligations, terms and conditions, the Parties hereby execute this Agreement as follows:

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CITY OF ST. GEORGE INDEPENDENT CONTRACTOR (Name)

Mayor Date (Legally Authorized Signer’s Name)

ATTEST: APPROVED AS TO FORM:

CITY ATTORNEY’S OFFICE

Christina Fernandez, City Recorder Alicia Carlton, Assistant City Attorney

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NOTICE OF AWARD

To:

Reference No.: 26-295

The CITY has considered the BID submitted by you for the above described project in response to its Advertisement for BIDS and Information for BIDDERS.

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

$ on the condition that you execute the Agreement and obtain the certificate of insurance within ten (10) calendar days from the date this NOTICE is delivered to you.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the CITY.

Dated this day of , 2026 .

City of St. George

CITY

By

Name Jimmie B. Hughes

Title Mayor

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged

By , this the day of , 2026

Name

Title https://www.sgcity.org/

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Special Provision

The City of St. George Standard Specifications for Design and Construction shall apply to all work performed under this contract including any addenda.

1. The City of St. George Standard Specifications for Design and Construction shall apply to all work performed under this contract including any addenda.

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SPECIFICATIONS

1. GENERAL

Material Supplier shall provide materials as specified and appropriate documentation so that materials meet specifications as outlined below. The work will be to provide and transport

LMCRS-2H asphalt material for the 2027 Chip Seal Project. Mobilization and demobilization will not be paid as a separate item and should be incorporated into separate bid items. Delivered material shall be paid at the unit price shown on the Bid Schedule.

2. PRODUCTS

LMCRS-2H bituminous material shall be a latex modified cationic rapid setting emulsion and shall conform to the following requirements:

TESTS ON EMULSION ASTM ASHTO SPECS

TYPICAL

ANALYSIS

Viscosity, Saybolt @ 122oF D244 T59 100-400 134

Storage, 24H, wt % D244 T59 1 max. 0.01 pH E70 Z200 6.7 max. 3.3

Particle Charge Test D244 E70 positive pos.

Classification Test D244 T59 passes passes

Demulsibility, 35ml CaCl2 D244 T59 40 min. 76

Sieve Test % D244 T59 0.3 max 0.07

Density 60 ° F, lbs/gallon D244 T59 - 8.4

Residue by Evaporation % D244 T59 5 min. 70

Tests on Residue from Evaporation:

Penetration 77° F, 100g, 5s D5 T49 40-90 51

Abs. Viscosity , 140° F, Poise D2171 T202 - 2450

Ductility, 77° F, 5cm/min., cm D113 T51 40 min. 150+

Torsional Recovery, % Nev. T757 18min. 19

3. MEASUREMENT AND PAYMENT

Chip Seal Oil will be measured by weight of material transported. This weight will be based on weigh tickets from a certified scale of the transport trucks delivering the asphalt material from the plant to St. George, Utah. Payment for the Chip Seal Oil bid item shall be at the unit price shown on the Bid Schedule and shall constitute full compensation for all materials and transportation for each of the bid items. In the event of a discrepancy, the City’s measurement shall govern, except that if the payment submittal is a “Final Payment”, then the Supplier and the City shall agree to the quantities measured prior to payment. Payment for shipping the Chip Seal Oil shall be included

Form approved by Legal May, 2024 Page 16 of 16 in the lump sum price bid as called out in the Bid Proposal and shall include moving to and from the job site; all shipping required; all taxes assessed for the material and/or labor; restoration of the construction site; all “lay-over” time required due to delays in the project; the providing and maintaining of sanitary facilities for the truck driver, etc.