1-Bid Documents - Yorkshire Drive Storm Drain Pipe Lining.pdf

Dawn R. Ramsey, Mayor

Patrick Harris, Council Member

Kathie L. Johnson, Council Member

Donald J. Shelton, Council Member

Tamara Zander, Council Member

Jason T. McGuire, Council Member

YORKSHIRE DRIVE STORM

DRAIN PIPE LINING

IFB #2026-030

Contract Documents and Drawings

October 2026

PH: 801.446-HELP @SouthJordanUT

Table of Contents

00003 - 1

DOCUMENT 00003

TABLE OF CONTENTS

City of South Jordan

Yorkshire Drive Storm Drain Pipe Lining

Reference No. of

Number Title Pages

INTRODUCTORY INFORMATION

00001 Title Page

00003 Table of Contents

00004 List of Drawings

BIDDING REQUIREMENTS

BID SOLICITATION

00100 Invitation to Bid

INSTRUCTIONS TO BIDDERS

00200 Instructions to Bidders

00220 Modifications to Instructions to Bidders

BID FORMS

00400 Bid

00410 Bid Schedule

SUPPLEMENTS TO BID FORMS

00452 Bidder Status Report

00453 Subcontractor and Supplier Report

00455 Reference Form

Table of Contents

00003 - 2

Reference No. of

Number Title Pages

CONTRACTING REQUIREMENTS

AGREEMENT FORMS

00500 Agreement

BONDS AND CERTIFICATES

00610 Performance Bond

00620 Payment Bond

SUPPLEMENTARY CONDITIONS

00810 Modifications to the General Conditions

SUPPLEMENTAL SPECIFICATIONS

01 31 13M Coordination

01 33 00M Submittal Procedures

01 34 00 Standard Forms

AP Application for Payment

CO Change Order

CSC Certificate of Substantial Completion

FO Field Order

NA Notice of Award

NP Notice to Proceed

WDC Work Directive Change

WOL Waiver of Lien

01 45 00M Quality Control

01 60 00 Protection and Restoration of Existing Facilities

PROJECT SPECIAL PROVISIONS

01 11 00S Summary of Work

END OF TABLE OF CONTENTS

List of Drawings

00004 - 1

DOCUMENT 00004

LIST OF DRAWINGS

CITY OF SOUTH JORDAN

YORKSHIRE DRIVE STORM DRAIN PIPE LINING

CONSTRUCTION DRAWINGS

Sheet No. Title

COVER SHEET / INDEX

S-01 - 02 STANDARD NOTES

SP - 01 SITE PLAN

END OF DRAWING LIST

Invitation To Bid

00100 - 1

DOCUMENT 00100

INVITATION TO BID

PART 1 GENERAL

1.1 CONSTRUCTION CONTRACT

A. Bidders are invited to bid on Construction Contract known as:

City of South Jordan YORKSHIRE DRIVE STORM DRAIN PIPE LINING

B. The location of the work is in City of South Jordan at the following site:

Base Bid Schedule A:

The Work to be performed under this schedule will take place along

Yorkshire Drive from 4000 W to Dunsinane Pond, and generally includes, but is not limited to: the installation of UV CURED CIPP SPEC lining within the existing CMP pipe (varying in size as specified on the plans),mobilization and demobilization, traffic control, repairing pipes (as identified using the provided video footage) for adequate lining; all labor, supplies, tools, equipment, parts, rentals, fuels, utilities, subcontractors, suppliers, and all other costs including overhead and profit are to be included in bid line items.

C. General Conditions: as published in Document 00 72 00 in the Manual of Standard

Specifications, 2017 Edition by the Utah Chapter of the American Public Works

Association.

1.2 BID LOCATION AND OPENING

A. Bids will be received until the closing date and time listed on Bonfire, the State of Utah’s Procurement website. All bids shall be submitted online at Bonfire. It is the sole responsibility of the BIDDER to submit the Bid before the scheduled time. Any questions regarding how to use the Bonfire program, including how to submit a bid, download and upload documents, etc. please contact support.bonfire@eunasolutions.com.

B. To access the State of Utah's procurements online, you must register as a vendor on the BONFIRE website, https://utah.bonfirehub.com/ . If you require assistance during the registration process, you may contact support.bonfire@eunasolutions.com. Registration, email notifications, and electronic responses for all sourcing events (bids, RFPs, etc.) are free under the State of Utah contract with BONFIRE. Registration with the Utah Supplier Portal is limited to procurements conducted by the State of Utah and political subdivisions of mailto:support.bonfire@eunasolutions.com mailto:support.bonfire@eunasolutions.com.

00100 - 2 the State of Utah. Go to this link for a vendor support article that covers vendor registration in detail: https://vendorsupport.gobonfire.com/hc/en-us/articles/15646869029783-Vendor-Registration.

1.3 BID SECURITY

A. Bid security in the amount of five (5) percent of the Bid must accompany each

Bid in accordance with the Instructions to BIDDERS (Document 00200).

1.4 PRE-BID CONFERENCE

A. No pre-bid conference will be held.

1.5 BASIS OF BIDS

A. Bids shall be on a unit price basis. Segregated Bids will not be accepted.

1.6 CONTRACT TIME

A. The work must be substantially complete 45 days from notice to proceed.

B. The OWNER anticipates that a Notice to Proceed will be given on the following date, but reserves the right to change such date:

Anticipated date of Notice to Proceed: October 26th

1.7 EXAMINATION AND PROCUREMENT OF DOCUMENT

A. Complete sets of Contract Documents may be examined and obtained online via

Bonfire at https://utah.bonfirehub.com and entering City of South Jordan in the

“Department” window.

1.8 RIGHT TO REJECT BIDS

A. The OWNER reserves the right to reject any or all bids or to waive any informality or technicality in any bid if deemed to be in the best interest of the

OWNER.

1.9 VALIDITY PERIOD FOR BIDS

A. Bids shall remain valid for (15) days after the day of Bid opening. Bidders, who withdraw their bid after Bid opening, but before expiration of said period, shall forfeit their bid security if Notice of Intent to Award to the successful Bidder is made by OWNER.

1.10 GOVERNING LAWS AND REGULATIONS

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

00100 - 2

B. In compliance with Americans with Disabilities Act, (ADA) the following information is provided: FAX number 801-253-5235. Contact person: Ken

Short, P.E.

Instructions to Bidders

00200 - 1

DOCUMENT 00200

INSTRUCTIONS TO BIDDERS

1.1 DESCRIPTION OF THE WORK

A. The Work to be performed consists of furnishing and installing the equipment, facilities, services, and appurtenances thereto as included in the Contract Documents. A general description of the Work is set forth in the Invitation to Bid (Document 00100).

1.2 COPIES OF BID DOCUMENTS

A. Bidders must use complete sets of Bid Documents in preparing Bids. Complete sets of

Contract Documents may be examined and obtained at no charge via Bonfire at https://utah.bonfirehub.com.

B. Bid Documents are made available to bidders only for the purpose of obtaining Bids on the Work. No license or grant for any other use is given.

C. Bidding Document copyrights shall remain with either the OWNER or ENGINEER.

1.3 PRE-BID CONFERENCE

A. If a pre-bid conference is held, the time, place and nature of the conference will be stated in the Invitation to Bid. Representatives of OWNER and ENGINEER will be present to discuss the Project. The OWNER shall not be bound by any statements, representations, conclusions, or assumptions made by any party, whether oral or written, except for written statements that are issued in an Addendum by the ENGINEER to all prospective bidders.

1.4 PHYSICAL CONDITIONS

A. In General: Prior to submitting a Bid, each Bidder is responsible to review all available explorations, tests and data concerning surface conditions, subsurface conditions and

Underground Facilities at or contiguous to the site, or otherwise, which may affect cost, progress, performance or furnishing of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

B. Surface and Subsurface Conditions: Provisions concerning surface and subsurface conditions are the responsibility of the Contractor

00200 - 2

C. Underground Facilities: Information and data indicated in the Contract Documents regarding Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground

Facilities. The OWNER does not assume responsibility for the accuracy or completeness thereof other than as provided in paragraph 4.3A.2 of the General Conditions or unless expressly provided in the Modifications to General Conditions (Document 00810).

D. Additional Explorations and Tests: If feasible as determined by OWNER, the OWNER will provide each Bidder access to the site to conduct any explorations and tests as each

Bidder deems necessary for submission of a Bid. Bidder shall obtain permits, fill all holes, clean up and restore the site to its former condition upon completion of such explorations. By requesting such an exploration or test, Bidder agrees to release, indemnify, defend, and save the OWNER harmless from all costs damages and liabilities and any kind whatsoever, including reasonable attorneys’ fees, that may arise in connection with or as a result of the performance of such explorations or tests.

1.5 COMPENSATION AND QUANTITIES

A. In General: The bid price for any lump sum or unit price contract includes all labor, materials, and incidental work to fully complete the Work in a satisfactory manner under the terms of the Contract Documents. Bidders are responsible to inform themselves of the character of the Work to be performed.

B Lump Sum Work: If the Work is to be paid for on a lump sum basis, the lump sum will be the only sum paid.

C. Unit Price Work: If any portion of the Work is to be paid for on a unit price basis, payment will cover only work actually performed and materials actually supplied at the unit prices bid and on the terms set forth in the Contract Documents, irrespective of any quantity approximations in the Bid Documents. Any quantity approximations in the Bid

Documents are stated as a basis for determining bids, and they do not fix the amount of

Work to be done or materials to be furnished. Stated quantities are estimates for the purpose of doing the class of work required. Actual quantities will vary. The OWNER may deviate in either direction from any indicated quantities. The Bidder shall have no claim for any variation in quantity, except to the extent permitted in the General

Conditions.

1.6 EXAMINATION OF SITE AND CONTRACT DOCUMENTS

A. In General: The OWNER shall not be bound by any statements, representations, conclusions, or assumptions made by any party, whether oral or written, except for written statements that are issued in an Addendum.

B. Access: The Contract Documents designate the site for performance of the Work. Bidder is responsible to investigate the site and understand all access requirements. All

00200 - 3 additional off site lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Bidder.

C. Bidder’s Obligations: In addition to Bidder’s other responsibilities and obligations in connection with submitting a Bid, it is the responsibility of the Bidder before submitting a

Bid, to:

1. Examine the Contract Documents thoroughly;

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

3. Investigate all applicable construction and labor conditions, quantities, and the character of the Work as they affect cost, progress, performance, or furnishing of the

Work;

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

5. Study and carefully correlate Bidder’s observations with the Contract Documents;

6. Attend any pre-bid conference, which shall be mandatory if so designated in the

Invitation to Bid;

7. Review all available explorations and data concerning surface and subsurface conditions as set forth in Section 1.4 above; and

8. Identify and notify ENGINEER in writing in the manner set forth in article 2.1 below of all specific conflicts, omissions, errors, or discrepancies in the Contract Documents, or if Bidder doubts their meanings.

The failure or omission of any Bidder to take any of the foregoing actions shall not in any way relieve Bidder of its Bid, or its obligation to furnish all material, equipment, labor and services necessary to carry out the provisions of the Contract Documents and to complete the contemplated Work for the consideration set forth in its Bid. Submission of a Bid shall constitute prima facie evidence of compliance with these instructions.

D. Deviations from the Terms of the Contract Documents: OWNER will not accept any deviations whatsoever from the printed terms of the Agreement and the Contract

Documents, except by Addendum or Change Order.

1.7 EFFECT OF SUBMITTING A BID.

A. Bidders are responsible to carefully examine the Contract Documents, visit the site, and fully inform themselves so as to include in the Bid a sum to cover the cost of all items.

00200 - 4

Bidder’s failure or omission to receive or examine any form, instrument, addendum or other document, visit the site and become acquainted with existing conditions, or attend any pre-Bid Conference, shall in no way relieve Bidder from any obligations with respect to Bidder’s Bid or the Construction Contract.

B. By submitting a Bid, Bidder represents that Bidder has complied with all requirements of the Bid Documents; that the Bid is premised on properly performing and furnishing the Work required by the Contract Documents within the times specified; that the

Bidder is informed of the conditions to be encountered and the character, quality and quantities of the Work; and that the Bidder believes the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

C. Submission of a Bid constitutes a promise that the Bidder will enter the Contract

Documents in the form presented in the Contract Documents. Bidders should carefully examine all Contract Documents, including the required Bonds and insurance to be provided by the Bidder.

1. The Performance Bond is a guarantee of faithful performance of the requirements of the Contract Documents, including all applicable warranties. The Payment Bond is a guarantee of payment of all labor, materials, or supplies used directly or indirectly in the prosecution of the Work provided in the Construction Documents.

2. The sum of the Performance Bond and the Payment Bond shall be increased or decreased during the course of the Work in the event that Contract Modifications, Change Orders or Addenda increase or decrease the total contract price. The sum of each bond shall be in an amount equal to the completed contract price at the completion of the Work.

3. OWNER does not provide any release of Performance Bonds or Payment Bonds.

The bonds are in effect throughout all periods during which a suit may be brought under the provisions of applicable law.

D. By submitting a Bid, Bidder represents that the matters stated therein are true and correct.

PART 2 BIDDING PROCEDURES

2.1 INTERPRETATIONS AND ADDENDA

A. All requests for interpretation of the Contract Documents shall be made in writing via

Bonfire no later than twenty-four (24) hours prior to opening of Bids. OWNER or

ENGINEER will post the written interpretation on Bonfire. If the OWNER or

00200 - 5

ENGINEER does not respond to a Bidder’s request for interpretation the Bidder shall comply with the intent and terms of the Contract Documents.

B. No oral interpretations shall be made to any Bidder. The OWNER shall not be responsible for or bound by any statements, interpretations, explanations, representations, conclusions or assumptions made by any party, whether oral or written, except for written statements that are issued in an Addendum by the ENGINEER on Bonfire at

C. Each statement made in an Addendum is part of the Contract Documents at the location designated in the Addendum. A statement issued in an Addendum shall have the effect of modifying a portion of the Bid Documents when the statement in the Addendum specifies a particular section, paragraph or text and states that it is to be so modified. Only the specified section, paragraph or text shall be so modified, and all other portions of the Bid

Documents shall remain in effect.

D. Bidders shall sign to acknowledge their receipt of all Addenda issued. Bidders shall also acknowledge receipt of all Addenda in the space provided in the Bid.

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

Bid opening.

2.2 EQUIPMENT AND MATERIAL OPTIONS PRIOR TO BID OPENING

A. If a Bidder or Supplier wishes to supply a product other than that identified in the Contract

Documents, said Bidder or Supplier shall submit a written request for approval to the

OWNER or ENGINEER at least ten (10) calendar days prior to the date set for opening of bids.

B. The procedure for submission of any such product option shall be as set forth in Article

6.4 of the General Conditions. It is the sole responsibility of the Bidder or Supplier to submit complete descriptive and technical information so that OWNER or ENGINEER can make a proper appraisal.

C. OWNER or ENGINEER’s failure to act upon such a request within five (5) days after receipt shall be deemed a denial thereof.

D. Any such approval is at the sole discretion of the OWNER or ENGINEER and will be in the form of an Addendum issued on Bonfire at https://utah.bonfirehub.com indicating that the additional equipment or materials are approved as equal to those specified for the Project.

E. The Construction Contract, if awarded, will be on the basis of materials and equipment specified in the Drawings and Specifications and any changes permitted in any Addenda.

00200 - 6

2.3 BID SECURITY

A. Amount of Bid Security: A Bid Security must accompany each Bid. The total amount of the Bid on which Bid security is to be based shall be the sum of all items of the Bid constituting the maximum amount of the possible award to the Bidder.

The Bid Security amount must equal at least five (5) percent of the total amount of the Bid.

B. Form of Bid Security: The Bid Security may be in the form of a certified check, cashier’s check, cash, or Bid Bond. No other form of Bid Security will be accepted.

A Bid Bond must be issued by a licensed Utah agency on behalf of a surety company licensed to do business in the State of Utah. A certified check or cashier’s check must be drawn on a bank doing business in the State of Utah and made payable to

OWNER. If a certified check, cashier’s check, or cash is used in lieu of a Bid Bond, or if the Bid Bond does not specifically so provide, a certificate from an approved surety company guaranteeing execution of performance and payment bonds in the full amount of the bid must accompany the bid unless specified herein. Bidders should attach a scanned copy of their Bid Bond to their bid package. Bidders who will not be submitting a Bid Bond should contact Engineer via e-mail at mapelu@sjc.utah.gov for instructions on submitting the required security. The

OWNER will require the certified check, cashier’s check or cash to be received by the City Recorder located at South Jordan City Hall, 1600 West Towne Center, South

Jordan City, Utah, 84095. Bidders are responsible for submitting the required Bid

Securities prior to the bid deadline.

C. Purpose of Submission. By submitting a Bid Bond, Bidder assures OWNER it will take all steps necessary to properly execute the Contract Documents.

D. Return of Bid Security: OWNER will return/refund Bid securities to Bidder within seven (7) business days after award of the Construction Contract. Bid Bonds, certified checks, cashier’s checks and cash of all Bidders will be held until the Construction

Contract is awarded or all bids have been rejected (certified checks, cashier’s checks and cash is held by deposit into OWNER’S account and is refunded by check from

OWNER). The liability (including interest) of OWNER in regards to the held checks shall be limited only to the return of the held checks.

E. Default: In the event of failure or refusal of the Bidder to enter into the Construction

Contract and the delivery to the OWNER a Performance Bond, Payment Bond and any other Bonds or documents required by the Contract Documents after Notice of

Intent to Award by the OWNER, the Bidder forfeits the sum of the Bid Bond or cashier’s check as liquidated damages to the OWNER.

2.4 COMPLETING BID DOCUMENTS

A. The General Conditions identify all forms comprising the Bid Documents. Additional copies may be obtained from the ENGINEER. The Bidder shall make no stipulations or alterations on the Bid forms. The Bidder must use and execute only the Bid form and mailto:mapelu@sjc.utah.gov

00200 - 7

Bid Schedules bound in the Contract Documents. The complete Contract Documents

(excluding the Drawings) should be submitted as the Bidder’s Bid, and Bidder shall complete and submit all forms included in the Bid Form, Document No. 00400.

B. The Bidder must fill in all items in the Bid form in ink or by typewriter. If applicable, furnish both the unit and total costs for each item. The total Bid price is the full price for the performance of all Work under the Contract Documents. Bidder shall initial in ink any corrections, interlineations, alterations, or erasures made by the Bidder on

Bidder’s entries in the Bid Documents.

C. Any work or material which is specified in the Contract Documents or which is necessary because of the nature of the Work, but which is not listed separately in the Bid Schedule shall not be measured or paid for separately. The cost of such work or material shall be considered as included in the Contract Price.

D. Bids by corporations must be executed in the corporate name by a corporate officer authorized to sign, and must be properly attested to as an official act of the corporation.

At the OWNER’s request, authority to sign shall be submitted.

E. Bids by partnerships or joint ventures must be executed in the partnership or joint venture name and signed by a partner or joint venture whose title and official address must be shown. If a partnership or joint venture is the low bidder, the partnership or joint venture must also submit evidence to the OWNER of the responsibility of the partnership or joint venture as a bidder in the manner directed by the ENGINEER.

F. Where the Bidder is wholly owned subsidiary of another company, the Bid must so state, and the owner or parent corporation also must agree to sign and be bound with the Bidder.

G. All names must be typed or printed under or near the signature. Signatures shall be in longhand.

H. The Bid shall contain an acknowledgment of receipt of all Addenda. The Addenda numbers must be filled in on the Bid form.

I. The Bidder’s address, telephone number, and facsimile number for communications regarding the Bid must be shown on the first page of the Bid form.

J. The divisions and sections of the specifications, and the identifications of any

Drawings, shall not control Bidder in dividing the Work among subcontractors or suppliers, or delineating the Work to be performed by any specific trade.

K. The base Bid and alternates shall include all Work required to be performed by the

Contract Documents.

00200 - 8

2.5 CONFLICT OF INTEREST, SUBCONTRACTORS

A. Conflict of interest pertaining to Subcontractors is described in paragraph 6.5H of the

General Conditions.

B. Bidder shall not subcontract more than 50 percent of the dollar value of the total contemplated Work (exclusive of the supply of materials and equipment to be incorporated in the Work) without OWNER’s prior written approval.

2.6 SUBMISSION OF BIDS

A. Bids shall be submitted on or before the time indicated in the invitation to bid. All responses and necessary documents shall be submitted online via Bonfire at

B. The complete Contract Documents must be submitted with the Bid. Bidder will make no recapitulations, stipulations, alterations, alternate submissions, or modifications in any manner to any of the Contract Documents.

C. Bidder must submit a Bid by completing all of the Bid Form documents, which are:

1. Document 00400 Bid

2. Document 00410 Bid Schedule

3. Document 00452 Bidder Status Report

4. Document 00453 Subcontractor and Supplier Report

Above documents must be uploaded to Bonfire at https://utah.bonfirehub.com as part of the electronic bid.

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

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

2.7 MODIFICATION AND WITHDRAWAL OF BIDS

A At any time prior to the opening of Bids, Bidder may modify or withdraw bid online via

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

B. Within 24 hours after Bids are opened, any Bidder may file written notice with OWNER that there was a substantial mistake made in the preparation of its Bid. Bidder must thereafter promptly demonstrate Bidder’s mistake. The OWNER has sole discretion to determine whether to permit any modification or withdrawal or the return of any Bid

Security.

C. When it appears a mistake has been made, or when the OWNER desires an assurance of any matter, the OWNER may request a Bidder to confirm the Bid in writing.

00200 - 9

2.9 BIDS SUBJECT TO ACCEPTANCE FOR 30 DAYS

A. All bids remain subject to acceptance for 30 days after the day of the Bid opening.

OWNER may, in its sole discretion, release any Bid and return the Bid security prior to that date.

PART 3 EVALUATION AND AWARD

3.1 SUBMITTALS REQUIRED FOR EVALUATION

A. After Bid opening, the Bidder, whose Bid is under consideration, must submit the following at the times specified:

1. Information is already required to be submitted with the bid; however, OWNER reserves the right to request additional information as necessary.

3.2 EVALUATION OF BIDDER’S QUALIFICATIONS

A. Within seven (7) calendar days of OWNER’s or ENGINEER’s request, a Bidder, whose

Bid is under consideration for award shall submit to the OWNER or ENGINEER the following information for the Bidder. OWNER or ENGINEER may request like information on Bidder’s Subcontractors, Bidder’s Suppliers or any other information the

OWNER or ENGINEER may require.

1. A current financial statement for the Work (as provided to bonding company);

2. A chronological list of “in progress” and “completed” construction work done by

Bidder during the last 3 years; including project name, address, owner, contract name, and current telephone number;

3. Present construction commitments other than items listed in paragraph 2 above;

4. Proposed organizational structure such as firm ownership, project manager, progress scheduler, and superintendent for the Work of this Project;

5. Owned and rented equipment which is to be used to do the Work;

6. Investigations, arbitration, litigation or claims which are pending, threatened, settled or otherwise disposed of within the last three (3) years;

7. Evidence of ability to perform and complete the Work in a manner and within the time limit specified. As a minimum, identify specific experience on projects similar to the Work in physical size, cost, and commercial nature. If the work experiences of

00200 - 10 the project manager and superintendent designated to construct this project are different than that of the company, provide resumes of their work history. Include their actual project titles and indicate their actual responsibilities on each given project.

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

9. Such other data as may be called by the OWNER or ENGINEER.

B. All Bids are subject to the Government Records Access and Management Act (GRAMA)

Utah Code Ann., Subsection § 63G-2-101 et seq. If Bidder believes any information should be held confidential for business reasons, Bidder must submit a written claim of business confidentiality for that particular information and include a specific statement of the reasons supporting the claim pursuant to Utah Code Ann. ß 63-2-308.

C. Untimely response or failure to provide the requested information by Bidder will release

OWNER of any obligation to further consider the Bidder’s Bid.

3.3 EVALUATION OF BIDS

A. OWNER reserves the right: to reject any and all Bids or any part thereof; to waive any informalities in the Bid Schedule(s) and elsewhere; to negotiate and agree to contract terms with the successful Bidder; to disregard non-conforming, non-responsive, unbalanced or conditional Bids; and to withhold the award for any reason deemed in the best interests of the OWNER, as solely determined by

OWNER.

B. OWNER reserves the right to reject any Bid if OWNER believes that it would not be in the best interest of the Project or the OWNER. Without limitation, such rejection may be because the Bid is not responsive, or the Bidder is unqualified or of doubtful ability or the Bid or Bidder fails to meet any other pertinent standard or criteria established by OWNER, as solely determined by OWNER.

C. If the OWNER intends to make an award to a Bidder, a Notice of Intent to Award will be issued.

D. OWNER may consider all information which OWNER believes is relevant when evaluating a Bid, including, without limitation:

1. The qualifications and experience of the Bidder and of the Subcontractors, Suppliers, and other persons and organizations proposed (whether or not the Bid otherwise complies with the prescribed requirements).

00200 - 11

2. Such alternates, unit prices and other data, as may be requested in the Bid Form, Bid

Schedule, or written requests issued prior to OWNER’s Notice of Intent to Award the

Construction Contract.

3. Operating costs, maintenance requirements, performance data, and guarantees of ability to provide the required materials and equipment.

4. Corporate organization and capacity for any party.

5. Ability to perform and complete the Work in the manner and within the time specified.

6. Pending litigation.

7. The amount of the Bid.

8. Proper licensing to do the Work in compliance with licensing laws of the State of

Utah for contractors and subcontractors.

9. All other relevant matters, consistent with OWNER’s procurement code and administrative rules, OWNER’s ordinances and program policies.

E. To establish qualifications of Bidder, OWNER may request such data indicated in the Bid

Documents, conduct such investigations as OWNER deems appropriate, and consider any other information (whether obtained from the Bid, the Bidder, or any other source).

F. If the Construction Contract is to be awarded, it will be awarded to the most responsive, qualified, and responsible Bidder as determined by the OWNER. Alternates may be accepted depending upon availability of OWNER’s funds and as determined by the

OWNER. Accepted alternates will be considered in determining the most responsive, qualified, and responsible Bidder.

G. Bid Schedules will be evaluated as follows:

1. Discrepancies in the multiplication of quantities of Work items and unit prices will be resolved in favor of the unit prices. OWNER may correct Bid Schedule calculation errors accordingly.

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

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

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

00200 - 12

H. The OWNER, in the OWNER’s sole discretion, shall make determinations as to disqualification of Bidders or rejection of Bids. Such matters may include, without limitation, submission of more than one Bid by the Bidder (whether under the same or different names); evidence of collusion among Bidders; other commitments of Bidder which, in the OWNER’s sole judgment, might hinder the Work; previous defaults, Bid irregularities when not waived in the best interests of the OWNER, delays or poor performance by Bidder on any project; official action against Bidder; and any other cause which, in the OWNER’s sole discretion and judgment, is sufficient to justify disqualification of a Bidder or rejection of a Bid.

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

A. The Contract Price identified in the Agreement represents the cost of the work which is to be paid by the OWNER to the CONTRACTOR.

B. Adjustments to the Contract Price which are agreed to between the OWNER and the successful Bidder shall be effected by signing an Agreement Supplement.

3.5 SUBSTITUTIONS

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

B. After the Effective Date of the Construction Contract, the procedure for submitting an application for substitution is set forth in Article 6.4 of the General Conditions.

3.6 SUBMITTALS REQUIRED FOR AWARD OF CONTRACT

A. Performance and Payment Bonds: The OWNER’s requirements as to performance and payment Bonds are as set forth in the Modifications to General Conditions (Document

00810). Specific requirements are set forth in the Performance Bond (Document 00610) and the Payment Bond (Document 00620).

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

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

B. Other Information: When a determination has been made to award the Construction

Contract, Bidder is required, prior to the award or after the award, or both, to furnish such other information as the ENGINEER requests.

3.7 SIGNING OF AGREEMENT

00200 - 13

A. Within 10 days after OWNER gives Notice of Intent to Award the Construction Contract to the successful Bidder, the Bidder shall pick up, sign and return to OWNER, the required number of copies of the Construction Contract, bonds and insurance. A minimum of two (2) originals will be signed and returned to the OWNER. One executed original will be returned to the Bidder. Bidder shall comply with all execution requirements.

B. All of Bidder’s executions and submittals must be delivered to the OWNER before

OWNER will execute the Construction Contract. The Construction Contract will not be deemed awarded and shall not be binding on the OWNER until it has been approved and executed by the OWNER, and a fully executed copy is formally delivered to the

CONTRACTOR. The OWNER reserves the right to rescind its Notice of Intent to

Award without liability, except for the return of Bidder’s Bid Security, at any time before the Construction Contract has been fully executed by all parties and delivered to the CONTRACTOR.

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

A At the time of Bidding, and the signing of the Agreement, and at all times during the Work, Bidder shall be properly licensed to do the Work and shall be in compliance with the license laws of the State of Utah, South Jordan City, and

Salt Lake County. The Bidder shall also require all Subcontractors to do the same.

D. If a Bidder fails to fully and properly execute the Construction Contract and provide all submittals required therewith within ten (10) days after the date of the Notice of Intent to Award, the OWNER may elect to rescind the Notice of Intent to Award, and the

OWNER shall be entitled to the full amount of Bidder’s Bid Security, not as a penalty, but in liquidation of and compensation for damages sustained. In the OWNER’s sole discretion, a Notice of Intent to Award may then be provided to another bidder whose

Bid is most advantageous to the OWNER, price and other factors considered.

3.8 CERTIFY REGISTRATION AND USE OF EMPLOYMENT “STATUS

VERIFICATION SYSTEM”: The Status Verification System, also referred to as “E-verify”, only applies to contracts for the physical performance of services within the state.

A. Status Verification System

1. Each offeror and each person signing on behalf of any offeror certifies as to its own entity, under penalty of perjury, that the named Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of the contractor’s new employees that are employed in the State of Utah in accordance with UCA Section 63G-11-103.

2. The Contractor shall require that the following provision be placed in each subcontract at every tier: “The subcontractor shall certify to the main (prime or

00200 - 14 general) contractor by affidavit that the subcontractor has verified through the

Status Verification System the employment status of each new employee of the respective subcontractor, all in accordance with Section 63G-11-103 and to comply with all applicable employee status verification laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work.”

3. The City will not consider a proposal for award, nor will it make any award where there has not been compliance with this Section.

4. Manually or electronically signing the Proposal is deemed the Contractor’s certification of compliance with all provisions of this employment status verification certification required by all applicable status verification laws including UCA Section 63G-11-103.

B. Indemnity Clause for Status Verification System

1. Contractor (includes, but is not limited to any Contractor, Design Professional, Designer or Consultant) shall protect, indemnify and hold harmless, the City and its officers, employees, agents, representatives and anyone that the City may be liable for, against any claim, damages or liability arising out of or resulting from violations of the above Status Verification System Section whether violated by employees, agents, or contractors of the following: (a) Contractor; (b)

Subcontractor at any tier; and/or (c) any entity or person for whom the Contractor or Subcontractor may be liable.

2. Notwithstanding Section 1. above, Design Professionals or Designers under direct contract with the City shall only be required to indemnify the City for a liability claim that arises out of the design professional’s services, unless the liability claim arises from the Design Professional’s negligent act, wrongful act, error or omission, or other liability imposed by law except that the design professional shall be required to indemnify the City in regard to subcontractors or subconsultants at any tier that are under the direct or indirect control or responsibility of the Design

Professional, and includes all independent contractors, agents, employees or anyone else for whom the Design Professional may be liable at any tier.

END OF DOCUMENT

Modifications to Instructions to Bidders

00220 - 1

DOCUMENT 00220

MODIFICATIONS TO INSTRUCTIONS TO BIDDERS

This document changes provisions in the Instructions to Bidders (Document 00200). All other provisions of the Instructions to Bidders document remain in full force and effect.

Add the following paragraph to article 1.1

1.1 DESCRIPTION OF THE WORK

A. General Conditions: as published in Document 00 72 00 in the Manual of Standard

Specifications, 2017 Edition by the Utah Chapter of the American Public Works

Association.

Section 1.01 Add the following paragraphs to article 2.2 (page 20).

1.2 COPIES OF DOCUMENTS

A. OWNER shall not furnish to CONTRACTOR published Contract Documents which include the Manual of Standard Plans and the Manual of Standard Specifications. Such documents shall be purchased separately by the CONTRACTOR.

B. Copies of all Contract Documents including the Manual of Standard Plans and the

Manual of Standard Specifications shall be maintained on site by the CONTRACTOR in addition to any permits required by federal, state, and local governments.

Section 1.02 Modify paragraph 2.5C of the General Conditions (page 21) to read as follows.

1.3 BEFORE STARTING CONSTRUCTION

A Field Office: An on-site field office is not required, however, CONTRACTOR shall provide and maintain a telephone in the field during performance of the Work such that

ENGINEER may always contact CONTRACTOR for transmittal of plans, instructions and dissemination of project information.

Section 1.03 Modify Article 5.1 (page 28) to read as follows.

1.4 PERFORMANCE, PAYMENT AND OTHER BONDS

A. Prior to OWNER executing the Agreement, CONTRACTOR shall file with the OWNER a good and sufficient performance Bond and a payment Bond, each in the sum of not less than 100 percent of the Contract Price.

B. The Bonds shall be executed by the CONTRACTOR and secured by a company duly and regularly authorized to do a general surety business in the State of Utah and either

(i) named in the current U.S. Treasury Department's listing of approved sureties

(Department Circular 570) (as amended) with an underwriting limitation equal to or

00220 - 2 greater than the Contract Price which the Bond guarantees, or (ii) with a current "A-" rating or better in A.M. Best Co., Inc's. Best Insurance Reports, Property and Casualty

Edition.

C. The Performance Bond shall guarantee the faithful performance of the Construction

Contract by the CONTRACTOR and the payment Bond shall guarantee the payment of labor and materials. The Bonds shall inure by their terms to the benefit of the OWNER.

Neither this nor any other provision requiring a performance Bond shall be construed to create any rights in any third party Claimant as against the OWNER for performance of the Work under the Construction Contract.

D. If the surety on any Bond furnished by CONTRACTOR is subject to any proceeding under the Bankruptcy Code (Title 11, United States Code) or becomes insolvent or its right to do business is terminated in the State of Utah or it ceases to meet the requirements of this Article, CONTRACTOR shall, within 15 days thereafter, substitute another Bond and surety, both of which must be acceptable to OWNER.

Section 1.04 Modify Article 5.2 (page 28) to read as follows.

1.5 INSURANCE

A. CONTRACTOR, Subcontractors & Suppliers: The requirements under this Article

5.2 shall apply to CONTRACTOR and any subcontractor or supplier providing work or services under the Construction Contract. CONTRACTOR shall require any subcontractor, supplier, or other person providing services or materials under the

Construction Contract to obtain prior to, and maintain the same scope, limits, and terms of coverage running in favor of the City, as required of CONTRACTOR. It shall be the responsibility of CONTRACTOR to assure that each subcontractor or supplier complies with the provisions of this Article as to the insurance provided by each subcontractor or supplier. Failure to do so shall constitute a material breach of the Construction Contract by CONTRACTOR. CONTRACTOR shall include all subcontractors and suppliers as additional insureds under its policies.

B. Term & Scope of Coverage: The requirements under this Article 5.2 shall continue in force and effect throughout the life of the Construction Contract and at all times thereafter when CONTRACTOR may be correcting, removing or replacing Defective

Work and during any warranty period, contract extension, or other modification that may otherwise extend the term of any provision of the Construction Contract or the obligations of CONTRACTOR, subcontractors or suppliers or other person providing services or materials.

C. Required Coverage:

(1) Workers’ Compensation: In compliance with the workers’ compensation laws of the State of Utah, and Employer’s Liability limits of One Million Dollars

($1,000,000) per injury.

00220 - 3

(2) Commercial General Liability: A minimum of Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage, and not less than Four Million Dollars ($4,000,000) in the aggregate. The general aggregate limit shall apply separately to the specific project, or the general aggregate limit shall be two (2) times the required occurrence limit. The coverage shall be in the nature of Broad Form Commercial General Liability coverage, and shall specifically include, at minimum, the following coverages:

(a) Premises - Operations;

(b) Product - Completed Operations Hazard;

(c) Broad Form Contractual Insurance;

(d) Independent Contractors;

(e) Comprehensive Form;

(f) Broad Form Property Damage; and

(g) Personal Injury.

(3) Automobile Liability: A minimum limit of liability per occurrence of Two Million

Dollars ($2,000,000) combined single limit for bodily injury, personal injury, and property damage. At minimum, the following coverages shall be included:

(a) Owned automobiles;

(b) Hired automobiles; and

(c) Non-owned automobiles.

D. Deductible and Self-Insured Retention: Any deductible or self-insured retention shall be declared to and be subject to prior approval of the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its employees, officers, officials, agents, volunteers, and assigns, or

CONTRACTOR shall procure a bond, in a form acceptable to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

E. Other Insurance Provisions: The policies shall contain, or shall be endorsed to contain, the following provisions:

(1) Commercial General Liability and Automobile Liability Coverage:

(a) All coverage shall include “the City, its employees, officers, officials, agents, volunteers, and assigns” as additional insureds. Any reference to the City, either in the provisions of this paragraph entitled “Insurance” or in any policies provided, shall include the City, its employees, officers, officials, agents, volunteers, and assigns.

(b) The coverage shall be primary insurance as respects the City, its employees, officers, officials, agents, volunteers, and assigns. Any insurance or self-insurance maintained by the City, its employees, officers, officials, agents, volunteers, and assigns shall be in excess of the coverage provided and shall not contribute to or with it.

00220 - 4

(c) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its employees, officers, officials, agents, volunteers, and assigns.

(2) Coverage shall state that it applies separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

(3) Underwriters shall have no right of recovery or subrogation against the City, it being the intent that the insurance policy shall be primary coverage as respects the City for any and all losses occurring as a result of the event covered by the described insurance.

(4) The insurance companies issuing the policy or policies shall have no recourse against the City for payment of any premiums due or for any assessments under any form of any policy.

F. Acceptability of Insurers: Insurance is to be placed with insurers with an AM Best rating of no less than an A Carrier, with a rating of VII or higher.

G. Verification of Coverage: CONTRACTOR shall furnish the City with certificates of insurance and original endorsements for all required coverages five (5) business days prior to the commencement of any Work under the Construction Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City expressly reserves the right to require complete, certified copies of all required insurance policies at any time.

H. Continuity of Coverage: Each insurance policy shall be endorsed to state that the 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, return receipt requested, sent to:

Attn: Ken Short

City of South Jordan

1600 West Towne Center Drive

South Jordan, UT 84095

If any of the required policies are, or at any time become non-compliant as to form or substance, or if a company issuing any such policy is, or at any time becomes, unacceptable to the City, CONTRACTOR or shall promptly obtain a new policy, submit the same to the City for approval, and thereafter submit verification of coverage as required by the City.

Section 1.05 Modify paragraph 6.2C of the General Conditions (page 29) to read as follows:

1.6 LABOR, MATERIALS AND EQUIPMENT

00220 - 5

A. Overtime: If CONTRACTOR permits overtime work or the performance of Work on

Saturday, Sunday or any legal holiday CONTRACTOR shall do so at no increase to the

Contract Price and shall receive prior written approval from ENGINEER.

Geotechnical Data

00320 - 1

DOCUMENT 00320

GEOTECHNICAL DATA

1.1 REPORTS OF EXPLORATIONS AND TESTS

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

NA

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

C. Geotechnical Data Not a Part of the Contract Documents: Geotechnical data itemized above are not a part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Article 4.2 of the General Conditions

(Section 00 72 00) are incorporated by reference.

1.2 DRAWINGS OF SURFACE AND SUBSURFACE STRUCTURES

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

Work site.

No Geotechnical drawings were used in the design of this project.

B. Drawings Not a Part of the Contract Documents: Drawings itemized above are not a part of the Contract Documents. Location of the surface and subsurface structures and utilities are further described in Article 4.3 of the General Conditions (Section 00 72

00).

1.3 EXAMINATION OF DATA

A. NA

Bid

00400 - 1

DOCUMENT 00400

BID

BID PROPOSAL

A. After having personally and carefully examined all conditions surrounding the Work and the Contract Documents, the undersigned proposes to furnish all labor,…