1-General Guidelines for Construction Projects - 11.26.2024.pdf

JSD General Guidelines for Construction Projects Revised 11/26/2024

General Guidelines for Construction Projects

The following guidelines apply to this Jordan School District (JSD) construction project unless otherwise specifically noted in the solicitation. Please see the other solicitation documents for the full project guidelines and requirements.

1. TAX EXEMPT FORMS

Please note that sales made to Utah School Districts are exempt from sales tax according to Utah Code 59-12-104. Vendors must use the Tax Exemption Certificate form TC-721G when purchasing construction materials for JSD projects. A tax-exempt form will be provided upon request. Subcontractors must obtain tax forms from the General Contractor.

2. CONTRACTOR LICENSE

Contractors are required upon request to submit to JSD a copy of their State of Utah License, including a statement of licensure limits. If Contractor has requested an increase of monetary licensure limits, a copy of the request must be attached to the bid at the time the bid is submitted to JSD.

3. LIABILITY INSURANCE

The Contractor shall purchase and maintain such insurance as will protect them from claims under Workers’ Compensation Acts and other employee benefit acts; from claims for damages because of bodily injury, including death; and from claims for damages to property which may arise out of or result from the Contractor’s operations under this contract, whether such operations be by themselves or by any Subcontractor or anyone directly or indirectly employed by any of them.

This insurance shall be written for not less than any limits of liability specified as part of this contract or required by law, whichever is greater, and shall exclude contractual liability insurance as applicable to the Contractor’s obligations.

4. CONTRACTOR REQUIREMENTS

The Contractor must have a minimum five years’ experience as a Licensed Contractor. The Contractor shall supervise and direct all work, using their best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the work under the contract.

Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction, equipment, machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the work.

The Contractor shall at all times enforce strict discipline and good order among their employees and shall not employ any unfit person or anyone not skilled in the task assigned to them.

The Contractor warrants to the owner and the architect that all materials and equipment incorporated in the work will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the solicitation documents.

All work not conforming to these standards may be considered defective.

The Contractor shall be responsible for the acts and omissions of all their employees, all Subcontractors and their agents and employees, and all other persons performing any of the work under a contract with the Contractor.

The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by their operations. At the completion of the work, the Contractor shall remove all waste materials and rubbish from and about the project, as well as their tools, construction equipment, machinery, and surplus materials. The Contractor shall clean all glass surfaces and shall leave the work site clean and free from any and all debris, unless otherwise specified.

The Contractor shall indemnify and hold harmless the owner and their agents and employees from and against all claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from the performance of the work.

5. SUBCONTRACTORS

JSD reserves the right to reject any Subcontractor and may withhold awarding the contract to a Contractor if any of the Subcontractors are considered by JSD to be unqualified.

Subcontractors must be held, by General Contractor, to all requirements listed herein.

Contractor shall certify that all Subcontractors are licensed as required by Utah State Law.

6. BID SECURITY

Contractors shall attach a bid bond payable to the order of Jordan School District in the amount of five percent (5%) of the total bid price on any bid that exceeds $50,000. Bid bonds shall be with a corporate surety that is licensed to transact business in Utah, is listed in the US Treasury Circular 270 of approved sureties, and has an AM Best Rating A-VIII or better.

Acceptable bid security shall be limited to a bid bond underwritten by a company licensed to issue bid bonds in Utah and meeting the requirements listed above.

7. BONDING REQUIREMENTS

The firm awarded the bid for projects exceeding $50,000 is required to furnish performance and payment bonds. The successful Contractor must submit a performance and payment bond equal to the total bid price submitted prior to commencement of the work.

8. LAWS AND CODES

The Contractor must abide by all Federal, State, and Local laws (and require all Subcontractors to abide by all applicable laws) including, but not limited to, employment laws such as the Americans with Disabilities Act and E-Verify. Undocumented (illegal immigrant) laborers will not be allowed to work on JSD projects. Any contract that might arise from this solicitation will be governed by Utah State laws. The Contractor must meet or exceed all applicable building codes and Utah State Energy Code requirements.

The General Contractor must be familiar with Utah State Code 63G-6a-1302 and Administrative Rule R33-13-302 Drug and Alcohol Testing and agree to comply with their requirements, and the General Contractor is hereby given notice that any contract that might arise as a result of this solicitation will contain a requirement to comply with this section of the Utah State Code and this State Rule. The General Contractor must also require all Subcontractors to comply with this section of the Utah State Code and this State Rule as a condition of contracting with the General Contractor. Written proof may be required by JSD that the Contractor is in compliance during the duration of the project.

9. JSD STANDARD CONTRACT TERMS AND CONDITIONS,

EXCEPTIONS, AND NEGOTIATIONS

A contract or purchase order(s) that result from this solicitation will include JSD’s Standard Terms and Conditions (“Standard Terms and Conditions”). It is the responsibility of the vendors to review the Standard Terms and Conditions, whether attached to this solicitation (see Attachment A) or at purchasing.jordandistrict.org.

Exceptions and/or additions to the Standard Terms and Conditions are strongly discouraged.

However, vendors requesting exceptions and/or additions to the Standard Terms and Conditions must submit their requests with the solicitation. Exceptions and/or additions submitted after the date and time for receipt of the solicitation will not be considered. Vendors may not submit requests for exceptions and/or additions by reference to a vendor’s website or URL. URLs provided with a bid may result in that bid being rejected as non-responsive.

JSD may refuse to negotiate exceptions and/or additions that are determined to be excessive;

that are inconsistent with similar JSD contracts; to warranties, insurance, or indemnification provisions that are necessary to protect JSD after consultation with the Attorney General’s Office or other applicable legal counsel; where the solicitation specifically prohibits exceptions and/or additions; or that are not in the best interest of JSD.

If negotiations are required, vendor must provide all documents in Microsoft Word format for redline editing. Vendor must also provide the name, contact information, and access to the person(s) that will be directly involved in legal negotiations.

Any mandatorily required acceptance of a vendor’s terms and conditions may result in the proposal being determined to be non-responsive.

An award resulting from this solicitation is subject to successful contract terms and conditions negotiation (if required). JSD, at its sole discretion, will determine when contract terms and conditions negotiations become unproductive and will result in termination of award to that vendor, at which point JSD may move to the next eligible vendor.

10. BOYCOTT RESTRICTIONS

In accordance with Utah Code 63G-27-102, vendors contracting with JSD to provide any good or service, including supplies, information technology, or construction services, must certify they are not currently engaged in an “economic boycott” nor a “boycott of the State of Israel” as those terms are defined in that Code section. Vendors must also agree not to engage in either boycott for the duration of the contract (if awarded).

For example, a vendor may not, without an ordinary business purpose, boycott: the State of Israel or companies engaged in activities related to traditional energy, mining, or agriculture;

companies engaged in the manufacture, distribution, sale, or use of firearms; companies that do not meet environmental standards beyond applicable State and Federal laws; or companies that do not facilitate access to abortion or sex characteristic surgeries. If a vendor does engage in such a boycott, it must immediately notify the public entity party to the contract in writing.

11. SUBSTITUTE INSTRUCTIONS (IF ALLOWED)

Any manufacturer’s name, trade name, brand name, or catalog number used in the provided specifications are for illustrative purposes only, to provide a model describing general performance and quality levels. Such references are not intended to be restrictive, and quotes are invited on these and comparable brands or products by any manufacturer. Any specification provided with use of manufacturer’s name, trade name, brand name, or catalog number shall control and take precedence over such manufacturer information. However, in the absence of a specification, the manufacturer’s name, trade name, brand name, or catalog number shall establish the general performance and quality levels acceptable to JSD. All items will be evaluated on an “acceptable substitute” basis unless stated otherwise.

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