Contract Documents & Specifications for

City of Moab

217 E. Center Street, Moab, Utah 84532

MOAB WATER TANK PAINTING PROJECT

February 4, 2026

Prepared by:

Obe Tejada

TABLE OF CONTENTS

BID DOCUMENTS……………………………………………………………………… 3

Advertisement for Bid…………………………………………………………………….4

Instructions to Bidders…………………………………………………………………

Bidders General Information……………………………………………………………..8

Bid Form…………………………………………………………………………………... 10

Bid Schedule……………………………………………………………………………….11

Bid Bond……………………………………………………………………………………12

AGREEMENT DOCUMENTS……………………………………………………………14

Notice of Intent to Award…………………………………………………………………15

Construction Contract…………………………………………………………………….16

Notice to Proceed………………………………………………………………………….25

Performance Bond……………………………………………………………………….. 26

Payment Bond……………………………………………………………………………. 29

Contractor’s Application for Payment……………………..…………………………….31

Notice of Substantial Completion……………………………………………………….. 32

Notice of Final Acceptance ……………………………………………………….………33

Work Change Directive…………………………………………………………………… 34

Change Order……………………………………………………………………………… 35

GENERAL CONDITIONS………………………………………………………………… 36

STANDARD SPECIFICATIONS & PLANS………………………………………………37

SPECIAL PROVISIONS……………………………………………………………………38

CONSTRUCTION DRAWINGS……………………………………………………………46

BID DOCUMENTS

ADVERTISEMENT FOR BID

MOAB WATER TANK PAINTING PROJECT

The City of Moab will receive sealed bids for the construction of the Moab Water Tank Painting Project. All bids will be received until 2:00 pm, MDT (local time) at the Utah State Procurement Portal at https://utah.bonfirehub.com on March 10, 2026. Bids must clearly identify the name of bidder, contact information, license number (if applicable), and that it contains a Bid for the Moab Water Tank Painting Project.

The Work to be performed under this project shall consist of furnishing all labor, materials, and equipment required to construct and deliver to the site the facilities and features called for by the Contract Documents and as shown on the Construction Drawings.

This project consists of painting the exterior of a 1 million gallon steel water tank in Moab, UT. The scope of work will include surface preparation, coating and cleanup according to the AWWA D102-24 standard.

The selected contractor will be responsible for obtaining all required building permits.

The City of Moab will be represented by Obe Tejada as Project Manager and Beachem Bosh as the

Construction Manager.

Any notices of changes or addenda to the Contract Documents will be posted at https://utah.bonfirehub.com.

Bidders are solely responsible for monitoring Bonfire, reviewing all posted addenda, and following the instructions on the platform to obtain updates and additional information.

A pre-bid conference will be held on February 24th at 11:00 AM, MDT (local time). Pre-bid conference to be attended virtually or in person at the Moab Wastewater Treatment Plant, 1070 West 400 North, Moab, Utah 84532. Attendance at the pre-bid conference is mandatory.

Google meet link: https://meet.google.com/vwv-fmhd-ohi

Moab City reserves the right to reject any or all proposals, to accept or reject the whole or any part of the proposal; or to waive any informality or technicality in the interest of Moab City.

https://utah.bonfirehub.com/

INSTRUCTIONS TO BIDDERS

ARTICLE 1. BIDDING DOCUMENTS.

Complete sets of Bidding Documents may be obtained from the City of Moab as designated in the Advertisement for Bid. Complete sets of Contract Documents shall be used for preparing Bids. Neither the OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

Bids must be submitted to the Utah State Procurement Portal at https://utah.bonfirehub.com.

Bids must clearly identify the name of bidder, contact information, license number (if applicable), and that it contains a Bid for the Moab Water Tank Painting Project.

All Bids must be made on the required Bid Form. All blank spaces for Bid prices must be filled in, in ink or typewritten, and the Bid form must be fully completed and executed when submitted. Only one copy of the Bid Form is required.

Any Bid may be withdrawn prior to the scheduled time for the opening of Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be considered. No Bidder may withdraw a Bid within 60 days after the date of the Bid opening.

Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the Bidder.

Bidders must satisfy themselves of the amount of required Work and materials by examination of the site and review of the Contract Documents including Drawings, Specifications and Addenda. The OWNER shall provide to Bidders prior to bidding, all information which is pertinent to, and delineates and describes the land owned and right-of-way acquired or to be acquired.

After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities or Work or of the nature of the Work to be done. Any request for interpretation of Addenda shall be made in writing.

Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any obligation in respect to his Bid.

A conditional or qualified Bid will not be accepted.

ARTICLE 2. BONDING REQUIREMENTS.

The Contract Documents contain the provisions required for the construction of the Project.

Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from https://utah.bonfirehub.com/ fulfilling any of the conditions of the Contract.

Each Bid must be accompanied by a Bid Bond payable to the OWNER for five (5) percent of the total amount of the Bid. As soon as the Bid prices have been compared, the OWNER will return the Bonds of all except the three lowest responsible, responsive Bidders. When the Agreement is executed, the bonds of the two-remaining unsuccessful Bidders will be returned.

The Bid Bond of the successful Bidder will be retained until the Payment Bond and Performance Bond have been executed and approved, after which it will be returned. A certified check may be used in lieu of a Bid Bond.

A Performance Bond and a Payment Bond, each in the amount of one hundred (100) percent of the Contract Price, with a corporate surety approved by the OWNER, will be required for the faithful performance of the Contract.

Attorneys-in-fact who sign Bid Bonds or Payment Bonds and Performance Bonds must file with each Bond a certified and effective dated copy of their power of attorney.

ARTICLE 3. AWARDING THE CONTRACT.

The OWNER may waive any informalities or minor defects or reject any and all Bids.

This Work will be constructed by award of a competitive, sealed bid Contract awarded to the lowest responsible, responsive bidder. OWNER has the right to reduce quantities or remove items from the project. The low Bid shall be considered to be that Bid which has the lowest total cost on the bid items and quantities selected by the OWNER, based upon available funding, for inclusion in the final Agreement rather than the total cost of all bid items prior to the elimination of various deductible bid items. Compensation to the CONTRACTOR will be made through progressive monthly payments in accordance with the General Conditions of these Contract Documents at the units and prices indicated in the Bid Schedule.

All Bids will be checked for errors. If errors are made, unit prices shall govern and corrections will be made according to the unit price or lump sum amounts and totals will be revised to reflect the corrections.

The party to whom the Contract is awarded will be required to execute the Agreement and obtain the Performance Bond and Payment Bond, when required, within ten (10) calendar days from the date when the Notice of Intent to Award is delivered to the Bidder. The Notice of Intent to Award shall be accompanied by the necessary Agreement and Bond forms. In case of failure of the Bidder to execute the Agreement, the OWNER may, at their option, consider the Bidder in default, in which case the Bid Bond accompanying the proposal shall become the property of the OWNER.

Within ten (10) days of receipt of the Agreement signed properly by the party to whom the Contract was awarded, and accompanied by acceptable Performance and Payment Bonds, when required, the OWNER shall sign the Agreement and return to the Bidder an executed duplicate of the Agreement. Should the OWNER not execute the Agreement within such period, the Bidder may by written notice withdraw their signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER.

The Notice to Proceed shall be issued within ten (10) days of the execution of the Agreement by the OWNER. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the Notice to Proceed has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party.

The OWNER may make such investigations as deemed necessary to determine the ability of the Bidder to perform the Work and the Bidder shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the OWNER that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the Work contemplated therein.

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.

To demonstrate Bidders qualifications to perform the Work, Bidder shall submit written evidence establishing its qualifications with their sealed Bid. Attach additional sheets as required to completely fill out the required information. Failure to complete any item, or failure to completely and truthfully provide the requested information, shall constitute grounds for the Bid to be considered non-responsive and to cause its rejection.

BIDDERS GENERAL INFORMATION

A) CONTRACTOR's Name and Address:

B) CONTRACTOR's Telephone Number:

C) CONTRACTOR's Email Address:

D) CONTRACTOR’s Licenses Primary Classification:

□ B100 □ E100 □ Other:

State License No. and Expiration Date (Attach a Copy):

Specialty Classifications Held, if any (Attach a Copy):

CONTRACTOR must obtain the following licenses:

1. Current City of Moab business license (attach a copy)

2. Any other licenses required by the State of Utah (attach a copy)

E) Work in Progress (WIP) Limit: $___________________Current Status of WIP:

F) Provide list of projects completed by the CONTRACTOR during the last 5 years involving work of similar type and complexity. The list shall include the following information as a minimum:

a) Name, location and brief description of the project and work involved.

b) Contract amount

c) Contract date for completion

d) Date of actual completion – reason for delay, if any.

e) Names, address, and telephone number of owner and architect or engineer.

f) List of CONTRACTORs key personnel including position and responsibilities.

g) Description of work previously performed on similar type and complexity of project (for each individual).

h) State your involvement in any litigation arising out of the project, if any.

i) Status of current litigation, if any, associated with any project.

G) List of Subcontractors

H) List of Suppliers

Only a qualified CONTRACTOR with qualified personnel will be considered for award of the Contract.

Qualification will be at the sole discretion of City of Moab. A Bidders failure to submit required qualification information may disqualify Bidder from receiving an award of the Contract.

No requirement in this Bidders General Information to submit information will prejudice the right of

OWNER to seek additional pertinent information regarding Bidders qualifications and experience.

BID FORM

Project: Moab Water Tank Painting Project

Date: _____________________________

Proposal of_____________________________ (hereinafter called "Bidder"), organized and existing under the laws of the State of Utah, doing business as ___________________ _________ to City of Moab, (hereinafter called "OWNER").

In compliance with the Advertisement for Bids. Bidder hereby proposes to perform all Work for the construction of

Moab Water Tank Painting Project in strict accordance with the Contract Documents, within the time set forth therein, and at the price stated below and in the Bid Schedule.

By submission of this Bid, each Bidder certified, and in the case of a joint Bid, each party thereto certified 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.

Bidder hereby agrees to commence Work under this Agreement on or before a date to be specified in the Notice to Proceed and to fully complete the Project within 90 days thereafter.

Bidder further agrees to pay as liquidation damages, the sum of $500.00 for each consecutive calendar day thereafter as provided in the Agreement Documents.

Bidder acknowledges receipts of the following Addenda:

Addendum No._________________ Dated _________________

Addendum No._________________ Dated _________________

Addendum No._________________ Dated _________________

Addendum No._________________ Dated _________________

Addendum No._________________ Dated _________________

The Bidder agrees that this Bid shall be good and may not be withdrawn for 60 calendar days after the scheduled closing time for receiving Bids. The above prices shall include all labor, materials, bailing, shorting, removal, overhead, profit, insurance, sales tax, other applicable taxes and fees, etc., to cover the finished Work of the several kinds called for.

BID SCHEDULE

Bidder agrees to perform all the Work described in the Contract Documents for the following unit or lump sum prices.

Bidder will complete the Work in accordance with the Contract Documents for the following unit prices. Quantities indicated are not guaranteed; they are solely for comparing Bids and establishing the initial Contract Price. Final payment will be based on actual quantities.

All Bids will be checked for errors. If errors are made, unit prices shall govern and corrections will be made according to the unit price or lump sum amounts and totals will be revised to reflect the corrections.

Standard Units of Measurement:

EA = Each LS = Lump Sum SF = Square Feet SY = Square Yard AC = Acre

LF = Linear Feet CY = Cubic Yard TON = Ton GAL = Gallon DAY = Day HR = Hour

Moab Water Tank Painting Project Bid Schedule Item No Item Description Qty Unit Unit Cost Amount

Surface Prep Mountain View Tank 1 LS

2 Coating Mountain View Tank 1 LS

Total Amount $ Bidder certifies and acknowledges 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.

e) 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.

f) The low Bid shall be considered to be that Bid which has the lowest total cost of the possible combinations of the base bid items that meet the construction budget. The OWNER reserves the right to remove bid items, as necessary, to meet the construction budget.

Respectfully Submitted:

Business Name: _____________________________________ Seal (if Bid is by Corporation)

Business Address: ______________________________________

Representative Name: ______________________________________

Signature: _____________________________________

Title: _________________________________ Attest Signature:___________________________

Date: _________________________________ Attest Name: ______________________________

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS: that

(Name of CONTRACTOR)

(Address of CONTRACTOR)

A ________________ (Corporation, Partnership, or Individual) hereinafter called Principal, and

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto

(Name of OWNER)

(Address of OWNER) hereinafter called OWNER, in the penal sum of ______________________________Dollars, ($________________ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

The condition of this obligation is such, that whereas the Principal has submitted the accompanying Bid, dated

_____________, 20___, to said OWNER to perform the Work required under the Bid Schedule(s) of the

OWNER’s Contract Documents entitled:

Moab Water Tank Painting Project

Now, therefore, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefore, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the local public agency in accordance with the Bid as accepted, and give bond with good and sufficient Surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such Bond within the time specified, if the Principal shall pay the difference between the amount specified in said Bid and the amount for which the local public agency may procure the required Work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

CONTRACTOR AS PRINCIPAL SURETY

_________________________ (Seal) ____________________________ (Seal)

(Name of CONTRACTOR and Corporate Seal) (Name of Surety and Corporate Seal)

By: ________________________________ By: ______________________________

(Signature, CONTRACTOR) (Signature, Power of attorney)

(Print Name) (Print Name)

(Title) (Title)

Attest: _____________________________ Attest: ___________________________

(Signature) (Signature)

(Title) (Title)

(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)

Forms of Bid Bonds prepared to meet the requirements of local or State laws or the needs of the Local Public

Agency should be substituted for this form where necessary.

AGREEMENT DOCUMENTS

NOTICE OF INTENT TO AWARD

TO:

The OWNER has considered the Bid submitted by you for the above described Work in response to its

Advertisement for Bids called: Moab Water Tank Painting Project

You are hereby notified that your Bid has been accepted for items in the amount of:

You are required to return an acknowledged copy of this Notice of Intent to Award to the OWNER.

Dated this_____ day of , 20___. .

OWNER: City of Moab

By: _________________________

Title: ________________________

ACCEPTANCE OF AWARD

CONSTRUCTION CONTRACT

(Contractor Payment Bond and Performance Bond)

This CONTRACT is made and entered into this____day of ______, 2025, by and between CITY OF MOAB of Moab, Utah, a Municipal Corporation in the County of Grand, State of Utah, in the Contract Documents referred to as the "City," and ___________________ herein referred to as the "Contractor".

RECITALS

WHEREAS, the City advertised that sealed Bids would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the Project described by the Contract Documents and known as____________________; and

WHEREAS, the Contract has been awarded to the above named Contractor by the City, and said

Contractor is now ready and able to perform the work specified in the Notice of Award, in accordance with the

Contract Documents.

NOW, THEREFORE, in consideration of the mutual promises and performances stated herein, the sufficiency of which all parties acknowledge, it is agreed as follows:

ARTICLE 1

Contract Documents. It is agreed by the parties that the following list of instruments, drawings, and documents which are attached and incorporated by reference constitute and shall be referred to either as the

Contract Documents or the Contract, and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties:

a. Bid specifications for the Project;

b. Official design prints and specifications furnished by or to the Contractor and approved by the City;

c. Change orders, approved written instructions, and written contract amendments;

Receipt of the above Notice of Intent to Award is hereby acknowledged on this day of , 20 __.

By: Title:

d. Performance and Payment bonds;

e. General and Supplementary Conditions; and

f. Notice of Award.

ARTICLE 2

Definitions. In accordance with Article 1, the definition of items provided in the General Contract Conditions applies to their usage in the Contract and other portions of the Contract Documents.

ARTICLE 3

Contract Work. The Contractor agrees to furnish all labor, supervision, tools, supplies, equipment, materials, and all that is necessary and required to complete the tasks associated with or described in the

Contract Documents, as limited to those items as indicated in the Notice of Award (the “Work”). Contractor warrants that all construction shall be completed in a workmanlike manner and in accordance with all plans, specifications, and applicable building codes.

Upon request, Contractor shall provide to the City a list of all subcontractors who will provide construction services under the Contract. All goods and services provided by subcontractors, material suppliers, and laborers shall be pursuant to written agreement between all such persons and the Contractor. Contractor shall be solely responsible for supervision of all of its employees and subcontractors, and assuring that work by those persons conforms to the Contract Documents. Contractor shall be solely responsible for payment to all laborers, subcontractors, and material suppliers in connection with work performed under the Contract. Any non-payment by Contractor of sums owing to laborers, material suppliers, or subcontractors is material breach of this Contract. The City, in its discretion, shall be authorized to contact subcontractors, material suppliers, and laborers working on the project for the purpose of verifying compliance with this Section.

ARTICLE 4

Contract Time and Liquidated Damages. The Contractor hereby agrees to commence work under the

Contract on or before the date specified in a written Notice to Proceed from the City, and to substantially and fully complete the work within the time specified in the Special Conditions. In the event that the work is not completed in the times set forth and as agreed upon, the Contractor further agrees to pay Liquidated Damages to the City as set forth in the Special Conditions.

Special Conditions: The Contractor shall complete the entire project work no later than 90 days from the issuance of the Notice to Proceed. Liquidated damages for delay in the amount of $500.00 per day shall be assessed against the Contractor in the event that the Work is not finally complete and accepted by the

City by the agreed completion date. Remedies under this Article 4 are cumulative to any other remedies provided in this Contract.

ARTICLE 5

Contract Price and Payment Procedures. The Contractor shall accept as full and complete compensation for the performance and completion of all of the work specified in this Contract and the Contract Documents, the sum of ____________________________ ($________________________) (“Contract Price”). The Contract

Price has been lawfully appropriated by the City Council of the City of Moab for the use and benefit of the Project.

The Contract Price shall not be modified except by written change order, as set forth below.

a. Partial payments shall be made proportionate to the progress of the work according to the following schedule and (if applicable) the schedule of values in the Contract Documents, but subject to this Article

Five:

Monthly

Pay Applications shall be prepared by the Contractor and subject to review and approval by the Project Manager based upon the schedule, above. In no event shall the Contractor be entitled to progress payments exceeding percentage of the Work that is completed in accordance with the Contract Documents, less retainage, inclusive of materials ordered and delivered to the site as measured against the total Contract Price.

b. The City shall retain the sum of five percent (5%) of the total Contract Price, which sum shall be disbursed to Contractor no later than ten (10) days from the date when the Work is determined by the

City to be finally complete and in conformity with the Contract Documents.

c. In the event of default under this Contract, the City may retain and deduct from the sums owing under this

Contract amounts sufficient to cure or abate the breaching condition, damages, or event.

ARTICLE 6

Bonds and Insurance.

a. Contemporaneous with issuance of the Notice to Proceed Contractor shall furnish to the City payment and performance bonds acknowledged by a surety licensed and authorized to do business in the State of

Utah, in a form acceptable to the City, and in an amount equal to the total Contract Price. The bonds shall be attached to and incorporate by reference the Contract Documents. The bonds shall be issued pursuant to U.C.A. § 63-56-38 for the use and benefit of subcontractors, laborers, and material suppliers, and for the use and benefit of the City to secure Contractor’s performance of its construction obligations under this Contract. Alternately, Contractor may provide an irrevocable letter of credit in a form acceptable to the City and naming the City as beneficiary for the purpose of satisfying its payment and performance bond obligations.

b. Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00; in amounts exceeding

$5,000.00, in multiples of $1,000.00; provided that the amount of the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract.

c. The letter of credit, payment bond, and performance bond shall be released no later than one year from the date of final acceptance of the contracted Work, provided that no person has provided a demand for payment as provided by law or commenced an action seeking payment against the City or under any such instrument within that time. In the event any person described in subsection (a), above, issues a demand or commences suit against the City, the City shall be entitled to draw upon the bond or letter of credit to the extent of all sums claimed, including reasonable attorney fees and court costs that may be incurred by the City. At its option, the City may elect to interplead said funds into a court of competent jurisdiction, at which point the City will be discharged of any further liability. In the event the City declares default under this Contract, it shall be entitled to proceed against the Performance Bond.

d. Contractor shall obtain written lien and payment waivers as specified in Exhibit A, attached, from all laborers, subcontractors and material suppliers contemporaneous with each payment advanced to those persons under this Contract. Upon final completion of the Contract, or upon tender of the final payment to each such subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver. The waivers shall be on forms acceptable to the City, and Contractor shall deliver all such waivers contemporaneous with each disbursement pursuant to the Contract.

e. Contractor shall provide a Certificate of Insurance as outlined in the following insurance requirements.

The limits of liability for the insurance required by the Contractor shall provide coverage for not less the following amounts or greater where required by law:

Workers’ Compensation

1. State: Statutory

2. Applicable Federal: Statutory

3. Employer’s Liability: State Insurance Requirements

Comprehensive General Liability:

1) Bodily Injury:

$1,000,000 (combined single limit CSL) Each Occurrence

$1,000,000 Annual Aggregate, including Products and

, Completed Operations Hazard

2) Property Damage:

$1,000,000 CSL Each Occurrence

$1,000,000 Annual Aggregate

3) Property Damage Liability Insurance shall provide Explosion, Collapse, and Underground coverage where applicable.

4) Personal Injury, with employment exclusion deleted.

$1,000,000 CSL

Comprehensive Automobile Liability:

1) Bodily Injury:

$1,000,000 CSL Each Person

$1,000,000 CSL Each Accident

2) Property Damage:

$1,000,000 CSL Each Occurrence

Contractor shall maintain insurance covering casualty to materials purchased for the Work and stored on or off site.

f. The Comprehensive liability insurance shall include completed operations hazard insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded or canceled, materially changed, or renewal refused until at least thirty days prior written notice has been given to the City by certified mail. All such insurance shall remain in effect until final acceptance of the Work by the City, and at all times thereafter when Contractor may be correcting, removing, or replacing defective work. The City shall be endorsed as an additional insured under the general liability policy.

g. Contractor shall record a Notice of Commencement and Notice of Completion and, as provided under

U.C.A. § 38-1-31 and § 38-1-33.

ARTICLE 7

Integrated Contract; Change Orders. The Contract Documents constitute the entire agreement between the

City and Contractor, and shall supersede any prior representations or discussions. The Contract may only be altered, amended or repealed by a duly executed written agreement signed and lawfully approved by both parties, except as noted by subsection (b), below. This Contract shall not be assigned, in whole or in part, except upon approval in writing by both parties.

a. Contractor shall not be entitled to compensation in excess of the Contract Price, nor shall additional work be undertaken, except upon approval of a change order signed by both parties. The change order shall specify the upward or downward change in the Contract Price, the scope of the work to be performed or omitted, and the change in the Contract Time, if applicable.

b. In the event that budgetary, or other unforeseen circumstances, render completion of the Contract Work impracticable, the City, in its discretion, may unilaterally issue a construction change directive reducing the scope of the Work or omitting certain items from the Contract. In that event, the Contract Price will be proportionately reduced. Construction change directives may only be issued with respect to work that has not been performed as of the date of the change.

ARTICLE 8

Warranties. The Contractor warrants that all work under this Agreement to be of good quality and free from any defective or faulty material or workmanship. The Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work, faulty material or workmanship or non-conformance of the work with the Scope of Services, scope of work, proposal or bid, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at the Contractor’s sole cost and expense. The Contractor shall act sooner as requested by the City in response to an emergency. In addition, the Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective or faulty material or workmanship or non-conforming work and any work which becomes damaged in the course of repairing or replacing the defective or faulty material or workmanship or non-conforming work. For any work corrected, the Contractor's obligation to correct defective or faulty material or workmanship or non- conforming work shall be reinstated for an additional one-year period, commencing with the date of acceptance of the corrected work. The Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by the Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and the

Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that the Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or faulty material or workmanship or non-conforming work and any work damaged by any defective or faulty material or workmanship or non-conforming work at the Contractor’s sole expense. The Contractor shall be obligated to fully reimburse the City for any expenses incurred upon demand.

ARTICLE 9

Extensions. For good cause shown, the City may grant a reasonable extension of time for the completion of improvements pursuant to this Contract. Good cause may include acts of God, severe weather disturbances

(beyond those conditions which are typical to the Moab climate), floods, strikes, riots, or other acts or causes which are unforeseen and beyond the Contractor's control. Extensions of time or change orders for additional compensation shall not be authorized for inexcusable delay, which shall be defined to include, but not be limited to, inadequate crewing; inadequate supervision; late ordering of materials; failure to properly coordinate work; or similar events which could have been avoided with proper foresight, care, or planning by Contractor. All extensions shall be approved in the manner provided for change orders

ARTICLE 10

Legal Compliance, Safety, Indemnity. Contractor hereby warrants that it is licensed and authorized to do business in the State of Utah; that it maintains complying policies for workers compensation coverage and that said coverage shall be in place for the duration of its performance under this Contract; that it maintains insurance coverage as described in this Contract; and that all such policies shall be in place for the duration of this Contract.

Contractor further warrants that it shall perform this Contract in compliance with all applicable City, state, and federal laws, including all applicable regulations governing workplace safety, including but not limited to those promulgated by the Occupational Safety and Health Administration (OSHA). With respect to workplace safety, Contractor shall at all times employ properly trained individuals and subcontractors, who shall work under appropriate supervision. Contractor shall also hold regular safety meetings as necessary and appropriate, given the particular safety issues presented by the Work.

a) Contractor hereby agrees to indemnify and hold the City, its officers, employees, and agents harmless from all demands, claims, suits, or liabilities, including reasonable attorney fees, as result of damages, losses, or injuries, including death, to persons not a party to this agreement and deriving, directly or indirectly, from the actions, omissions, or breaches of duties by the Contractor, its officers, agents, employees, subcontractors, or suppliers in the performance of the Contract or in discharging its legal duties, generally. This duty to indemnify shall apply to all claims by Contractor’s employees, subcontractors, or material suppliers with respect to any liabilities incurred by Contractor in the performance of this Contract.

ARTICLE 11

Remedies. The failure by either party to perform or carry out any of the obligations in this Contract or to perform the construction in accordance with the Contract Documents shall be grounds to declare default. In the event of default, the non-breaching party shall be entitled to recover all actual damages resulting from breach, in addition to the other remedies specified in this Contract. Actual damages shall include reasonable and necessary costs of completion of the Work or repair or replacement of Work which does not conform to the Contract

Documents. In no event shall either party be liable to the other for consequential damages. In addition to any other remedies, in any legal action arising from this Contract the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs.

ARTICLE 12

Venue, Choice of Law, Interpretation. The place of performance under this Contract is Grand County, Utah.

In the event of any legal dispute concerning the subjects of this agreement the parties stipulate to jurisdiction and venue in the District Court, Grand County, Utah. This contract shall be construed in accordance with the laws of the state of Utah.

a. There are no known or intended third party beneficiaries to this Contract.

b. This Contract is the product of mutual bargaining. It shall be construed in accordance with its plain meaning, regardless of the extent to which either party participated in the drafting.

ARTICLE 13

Notice of Breach, Limitation of Actions. In the event of the occurrence of any breach of the terms of this contract the non-breaching party shall promptly deliver written notice of same to the other party and allow a reasonable period of time for the other party to cure or abate the breaching condition. It shall not be necessary for any party to deliver multiple notices in the case of repeat or ongoing violations. Any legal action arising from this

Contract shall be filed not more than one year from the act, event, or omission constituting breach, and not thereafter.

a. Delivery of notice shall be deemed sufficient if personally delivered or sent by First Class mail as follows:

City Recorder City of Moab

217 East Center Street

Moab, Utah 84532-2534

Contractor:

The City of Moab has caused this Contract to be subscribed by its Mayor and attested by its City Recorder on its behalf; and the Contractor has signed this Contract as set forth below.

City of Moab, Utah

Date: ____________________ By:_________________________________

Mayor Joette Langianese, Mayor

ATTEST:

City Recorder (Seal)

Contractor:

Date:____________________ By:_________________________________

Title________________________________________

EXHIBIT A

PAYMENT AND LIEN WAIVER

This payment and lien waiver is made and executed this _____ day of ______, 20___ by

_____________________________ (“Subcontractor”) in favor of the City of Moab, a Utah municipality (“City”), and_______________________________ (“Contractor”). Subcontractor acknowledges receipt of the sum of $ _____________________, check number ___________, in partial satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract between Contractor and Subcontractor in connection with the ________________

_____________, project owned by the City and located at _____________________________

_________________________ (address).

Upon receipt of the funds referenced herein, Subcontractor waives any and all rights against

Contractor, the City, or applicable bond sureties to sue or seek compensation with respect to the sums paid, or for labor, materials, or construction services provided through the date of this release. This release extinguishes any claim or right of action pursuant to U.C.A.§ 63-56-38 and § 14-1-19, as amended. This release does not apply to labor, materials, or construction services provided subsequent to the date referenced above.

By:_______________________

Subcontractor

Title:

NOTICE TO PROCEED

TO: ________________________________

Project DESCRIPTION: Moab Water Tank Painting Project

In accordance with the Agreement dated ____________, 20___, you are hereby notified to commence Work on or before _________, 20____, and you are to fully complete within 90 days.

The date for completion of the Project is therefore_______,20___.

By:_______________________

Title:______________________

ACCEPTANCE OF NOTICE

Receipt of the above Notice to Proceed is hereby acknowledged on this _______day of__________, 20___.

By:_______________________________________

Title:______________________________________

PERFORMANCE BOND

(Name of CONTRACTOR)

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto

(Name of OWNER)

(Address of OWNER) hereinafter called OWNER, in the penal sum of ____________________________Dollars, ($_______________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

The condition of this obligation is such that whereas, the Principal entered into a certain Contract with the

OWNER, dated the _____day of _________, 20___, copy of which is hereto attached and made apart hereof for the construction for Moab Water Tank Painting Project.

Now, therefore, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER with or without notice to the Surety and during the one year guaranty period; and if the Principal shall satisfy all claims and demand incurred under such Contract; and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so; and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default; then this obligation shall be void, otherwise to remain in full force and effect.

Provided, that the said Surety, for value received hereby stipulates and agrees that no change, extension or time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the

Specifications accompanying the same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the

Work or to the Specifications.

Provided further, that it is expressly agreed that this Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto; upon amendment to the Agreement not increasing the Contract

Price more than 20 percent, so as to bind the Principal and the Surety to the full and faithful performance of the

Agreement as amended. The term "Amendment"; wherever used in this Bond and whether referring to this Bond, the Agreement or the Loan Documents shall include any alteration, addition, extension or modification of any character whatsoever.

Provided further, that no final settlement between the OWNER and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. The OWNER is the only beneficiary hereunder.

In witness whereof, this instrument is executed in __________________ counterparts, each one of which shall be deemed an original, this________ day of __________, 20___ .

By: ________________________________ By: ______________________________

(Signature, CONTRACTOR) (Signature, Power of attorney)

(Print Name) (Print Name)

(Title) (Title)

Attest: _____________________________ Attest: ___________________________

(Title) (Title)

PLEASE NOTE:

1. Date of Bond must not be prior to date of Agreement.

2. If CONTRACTOR is partnership, all partners should execute Bond.

3. Surety companies executing Bonds must appear on the Treasury Department's most current list

(Circular 570 as amended) and be authorized to transact business in the State where the project is located.

4. Use of this form as an instrument of Surety for this project is not mandatory. Use of other forms normally deemed acceptable in the State wherein the project is located may be allowed.

PAYMENT BOND

(Name of CONTRACTOR)

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto

(Name of OWNER)

(Address of OWNER) hereinafter called OWNER, in the penal sum of _____________________Dollars, ($_____________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

The condition of this obligation is such that whereas, the Principal entered into a certain Contract with the

OWNER, dated the ____ day of _________ , 20___ , a copy of which is hereto attached and made apart hereof for the construction for Moab Water Tank Painting Project.

Now, therefore, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER with or without notice to the Surety and during the one year guaranty period; and if the PRINCIPAL shall satisfy all claims and demand incurred under such Contract; and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so; and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default; then this obligation shall be void, otherwise to remain in full force and effect.

Provided, that the said Surety, for value received hereby stipulates and agrees that no change, extension or time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the

Specifications accompanying the same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the

Work or to the Specifications.

Provided further, that it is expressly agreed that this Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto; upon amendment to the Agreement not increasing the Contract price more than 20 percent, so as to bind the Principal and the Surety to the full and faithful performance of the Agreement as amended. The term "Amendment"; wherever used in this Bond and whether referring to this Bond, the Agreement or the Loan Documents shall include any alteration, addition, extension or modification of any character whatsoever.

Provided further, that no final settlement between the OWNER and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. The OWNER is the only beneficiary hereunder.

In witness whereof, this instrument is executed in _________________counterparts, each one of which shall be deemed an original, this _______day of __________, 20___.

By: ________________________________ By: ______________________________ (Signature, CONTRACTOR) (Signature, Power of attorney)

(Print Name) (Print Name)

(Title) (Title)

Attest: _____________________________ Attest: ___________________________

(Title) (Title)

PLEASE NOTE:

1. Date of Bond must not be prior to date of Agreement.

2. If CONTRACTOR is partnership, all partners should execute Bond.

3. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

4. Use of this form as an instrument of Surety for this project is not mandatory. Use of other forms normally deemed acceptable in the State wherein the project is located may be allowed.

CONTRACTOR’S APPLICATION FOR PAYMENT

NOTICE OF SUBSTANTIAL COMPLETION

Date:____________________________________________________________

OWNER: City of Moab

CONTRACTOR: ___________________________________________________

The Work to which this Contract applies has been inspected by authorized representatives of OWNER, CONTRACTOR, and ENGINEER, and found to be substantially complete. The date of Substantial Completion of the Work or portion thereof designated below is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion.