1-PRK21071 Project Manual.pdf

PROJECT MANUAL

For

RAC PLAYGROUND WITH SHADE SAILS

JOB No. PRK21071

DEPARTMENT of PUBLIC SERVICES

ARCHITECTURE AND CONSTRUCTION MANAGEMENT DIVISION

349 SOUTH 200 EAST STREET, SUITE 600

P.O. BOX 145506

SALT LAKE CITY, UTAH 84114-5506

DIRECTOR JORGE CHAMORRO

CITY ARCHITECT SEAN A. FYFE, AIA

Project Title Page

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SALT LAKE CITY CORPORATION

Salt Lake City, Utah

PROJECT MANUAL

FOR

JOB NO. PRK21071

PREPARED BY

Department of Public Services

Architecture and Construction Management Division

349 South 200 East, Suite 600

Salt Lake City, UT 84111

Revised March 12, 2009 Seals Page

00 01 07 - 1

S E A L S P A G E

RAC PLAYGROUND WITH SHADE SAILS

Job No. PRK21071

PROJECT MANUAL PREPARED UNDER THE DIRECTION OF

LANDSCAPE ARCHITECT

Professional’s Name: Gretchen Wilson, PLA, ASLA

Company: Dig Studio

Address: 15321 15th St, Denver, CO 80202

Phone Number: (720) 328-1986

CIVIL ENGINEER

Professional’s Name: Theodore J Didas Company: McNeil Engineering

Address: 8610 South Sandy Parkway, Suite 200, Sandy, UT 84070

Phone Number: (801) 255-7700

07/09/26

Revised March 31, 2026 Table of Contents

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T A B L E O F C O N T E N T S

Job No. PRK21071

Reference No. of

Number Title Pages

PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 01 Project Title Page

00 01 07 Seals Page

00 01 10 Table of Contents

00 11 16 Invitation to Bid

00 21 13 Instructions to Bidders

00 22 13 Supplementary Instructions to Bidders

00 22 18 Supplementary Instructions (VP)

00 31 32 Geotechnical Data

00 41 00 Bid Form

00 43 00 Bid Schedule

00 43 36 Proposed Subcontractor Form

00 43 37 Work Under Contract Report

00 43 38 Bidder Status Report

00 43 40 Value Program Form

00 52 00 Agreement

00 54 15 Value Program Supplemental Agreement

00 61 13 Performance Bond

00 61 14 Payment Bond

00 62 11 Submittal Transmittal Form

00 62 16 Certificate of Insurance Form

00 65 13 Certificate of Substantial Completion

00 73 10 Modifications to the General Conditions

00 73 15 Modifications to APWA Standard Plans

00 73 50 Requirements of the Department of Public Utilities

00 91 13 Addenda

GENERAL REQUIREMENTS

01 11 00 Summary of Work

01 23 00 Alternates

01 25 00 Substitutions

01 29 00 Measurement and Payment

01 29 73 Schedule of Values

01 31 13 Coordination

01 31 19 Project Meetings

01 32 13 Schedule

01 32 19 Submittals

01 33 23 Shop and Working Drawings, Product Data and Samples

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01 35 23 Construction Safety

01 42 10 Regulatory Requirements

01 42 16 Definitions and Conventions

01 42 23 Administration, Procedures, Codes

01 43 00 Quality Assurance

01 45 16 Contractor Quality Control

01 50 00 Temporary Facilities

01 57 13 Erosion and Sedimentation Control

01 60 00 Material and Equipment

01 66 00 Storage and Protection

01 71 13 Mobilization

01 71 23 Layout of Work and Surveys

01 74 16 Construction Maintenance

01 74 23 Cleaning

01 77 00 Contract Closeout

01 78 23 Operation and Maintenance Data

01 78 35 Warranties and Bonds

01 78 39 Contract Record Documents

01 99 90 Standard Forms

DIVISIONS

DIVISION 2 - SITE WORK

02 41 00 Demolition

DIVISION 3 – CONCRETE

03 30 00 Cast-in-Place Concrete

DIVISION 11 - EQUIPMENT

11 68 00 Playground Equipment and Structures

DIVISION 31 - EARTHWORK

31 11 00 Clearing and Grubbing

31 20 00 Earth Moving

31 32 50 Watering

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 11 16 Aggregate Base Course

32 13 13 Concrete Walks, Curbs, and Miscellaneous Flatwork

32 18 16 Playground Protective Surfacing

32 20 00 Site Furnishings

32 40 00 Site Stone

32 91 13 Soil Preparation

32 91 20 Topsoil

32 92 23 Sodding

32 93 00 Trees, Plants, and Groundcovers

00 01 10 - 3

32 97 00 Landscape Management and Maintenance

DIVISION 33 – UTILITIES

33 41 00 Storm Utility Drainage Piping

APPENDIX

Exhibit A: “SLC Regional Athletic Complex Geotechnical Evaluation”. Project Engineering

Consultants. July 6, 2010. Project No. UT 10008

Exhibit B: “Preliminary Geotechnical Engineering Report”. Professional Service Industries, Inc. June

6, 2006

END OF DOCUMENT

Revised October 15, 2013 Invitation to Bid

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DOCUMENT 00 11 16

INVITATION TO BID

PART 1 GENERAL

1.1 CONSTRUCTION CONTRACT

A. Bidders are invited to bid on the Construction Contract named and numbered as:

RAC PLAYGROUND WITH SHADE SAILS

PRK21071

B. For information about the award of this Construction Contract, contact Debby Newton, Facilities Support Coordinator at 801-535-6224 or debby.newton@slc.gov.

C. For information about technical requirements, contact Makaylah Maponga at (801) 972-

7871.

1.2 DESCRIPTION OF WORK

A. The location of the work is:

The project location is located within the Regional Athletic Complex located at 2280 N

Rose Park Ln, Salt Lake City, UT 84116

B. The work to be performed consists of furnishing and installing the equipment, facilities, services, and appurtenances indicated in the Contract Documents. The Work generally includes, but is not limited to, the following: addition of new playground with play equipment, shade sails, and play safety surfacing, new concrete walk, ramps, and flatwork, addition of plantings, and modifications of existing irrigation and storm drainage systems as listed in the specifications and as shown per the Contract Drawings.

1.3 BIDDERS' PRE-QUALIFICATION

A. Bidders are not required to be pre-qualified for the Work.

1.4 BASIS OF BIDS

A. Bids shall be on a lump sum basis. Unsealed or segregated Bids will not be accepted.

1.5 CONTRACT TIME

A. The Work will be Substantially Complete within 90 calendar days after the Notice to

Proceed. Calendar days for winter shut down are not included above.

1.6 EXAMINATION AND PROCUREMENT OF DOCUMENTS

A. Complete sets of Contract Documents may be examined and obtained from https://utah.bonfirehub.com/portal/?tab=openOpportunities.

B. To ensure that notification of addenda is received, BIDDERS please register with

Bonfire at the Utah Public Procurement Place (U3P) at https://purchasing.utah.gov/.

1.7 PRE-BID CONFERENCE

A. A pre-bid conference will be held on Tuesday, September 22, 2026, at 10:00 a.m. MT via

Microsoft Teams. All contractors intending to submit a bid are invited to attend to obtain relevant information concerning the project. Bidders are advised that information affecting drawings, specifications, conditions, scope of the Work, etc. may be discussed.

https://utah.bonfirehub.com/portal/?tab=openOpportunities https://purchasing.utah.gov/

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OWNER assumes no obligation to disclose information discussed at the pre-bid conference to Bidders who do not attend. Absent Bidders assume all risk of failure to attend.

1.8 BID SECURITY

A. Bid security must equal at least 5 percent of the total amount of the Bid. The Bid security must guarantee that the Bidder, if awarded the Work, will promptly enter into the

Construction Contract to perform the Work in the manner required by the Contract

Documents. Bidders must deliver Bid security to OWNER at the time they deliver their

Bid. If Bid Security is not delivered with the Bid, the Bid will not be read or accepted. If a Bidder submits a bid electronically using Bonfire, the Bid security must be an electronic or scanned Bid bond. OWNER will not accept an emailed or faxed Bid bond.

If a Bidder submits a bid by U.S. mail or hand-delivery, the Bid security must be either a hard-copy original Bid bond or a hard-copy original cashier’s check. Electronic or scanned copies, photocopies, or facsimile transmissions of bonds will not be accepted with hard-copy Bid submission. Bid security will be returned to each unsuccessful

Bidder after tabulation and award of the Construction Contract.

1.9 BID LOCATION AND OPENING

A. Sealed bids shall be received (1) electronically via Bonfire, (2) by U.S. mail addressed to the Architecture and Construction Management Office, located at 349 South 200

East, Suite 600, Salt Lake City, Utah 84111, or (3) by in-person hand delivery of a hard copy at the Architecture & Construction Management Office, located at 349 South

200 East, Suite 600, Salt Lake City, Utah 84111, until 2:00 p.m. local prevailing time, on Wednesday, September 30, 2026 for RAC Playground with Shade Sails, PRK21071.

Bids delivered to any other location will not be accepted. Bids received after 2:00 p.m.

will not be accepted. When submitting a bid electronically, bidders must allow sufficient time before the deadline to complete the forms and upload documents. The bid event will end at the closing time posted on Bonfire. If a bidder is in the middle of uploading a bid when the closing time arrives, Bonfire will stop the process and the bid or bid modification will not be accepted. Bids will be publicly opened via Microsoft Teams, in lieu of the Architecture and Construction Management Office located at 349 South 200

East, Suite 600, Salt Lake City, Utah 84111 at or about 2:00 p.m., local prevailing time on September 30, 2026.

B. On the outside of the envelope, Bidder shall indicate the nature of the bid and include

Bidder's return mailing address.

1.10 RIGHT TO REJECT BIDS

A. OWNER reserves the right to reject any or all bids or to waive any informality or technical error in any bid if OWNER deems it to be in its best interest.

1.11 VALIDITY PERIOD FOR BIDS

A. Bids shall remain valid for 45 days after the day of Bid opening. A Bidder who receives a Notice of Intent to Award and who withdraws his bid after Bid opening, but before expiration of said period, shall forfeit his bid security.

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1.12 GOVERNING LAWS AND REGULATIONS

A. This project does not require the payment of specific wage rates. Payroll submittals will not be required.

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

1.13 AMERICANS WITH DISABILITIES (ADA)

A. In compliance with Americans with Disabilities Act (ADA), the following information is provided: Contact person: Contact person: Debby Newton, Facilities Support

Coordinator, Architecture and Construction Management Office, Phone: 801-535-6224, Email: debby.newton@slc.gov. If assistance is required, please contact the above office at least 72 hours before the bid opening.

1.14 REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY

OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND

EMPLOYEES

A. A bid will not be accepted unless it contains the following representation.

THE BIDDER, OFFEROR, OR CONTRACTOR represents that it has not:

1. Provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity.

2. Retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business.

3. Knowingly breached any of the ethical standards set forth in the City’s conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or

4. Knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in the City’s conflict of interest ordinance, Chapter 2.44, Salt Lake City Code.

1.15 AWARD

A. The Construction Contract will be awarded in compliance with Salt Lake City’s Value-

Based Procurement Program which takes into account certain factors in the Bidder’s work environment. For more information about this Program please read SLC

Administrative Rules, Procurement Rules Chapter 19, (See document 00 22 18, Article

1.2 paragraph “A” for a link).

First Second

Publication: September 13, 2026 Publication: September 20, 2026

Third Publication: September 27, 2026

Revised February 1, 2019 Instructions to Bidders

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DOCUMENT 00 21 13

INSTRUCTIONS TO BIDDERS

PART 1 GENERAL

1.1 DEFINED TERMS

A. Terms used in the Bid Documents that are defined in Article 1.1 of the General Conditions will have the meanings indicated in the General Conditions.

B. General Conditions: as published in Document 00 72 00 in the current edition of the Manual of Standard Specifications by the Utah Chapter of the American Public Works Association.

1.2 COPIES OF BID DOCUMENTS

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

ENGINEER assume no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

B. Bid Documents are made available to Bidder only for the purpose of obtaining Bids on the

Work. No license or grant for any other use is given.

C. Bid Document copyrights shall remain with OWNER.

D. All provisions of the current edition of the Manual of Standard Specifications and Manual of Standard Plans published by the Utah Chapter of the American Public Works Association that are applicable to the Work are made a part of the Contract Documents by reference.

Those publications are available on the web at http://utah.apwa.net.

E. Salt Lake City’s Department of Public Utilities has a document entitled “Standard Practices for Salt Lake City Public Utilities” (March 9, 2018 edition). The document is available from

1530 South West Temple, Salt Lake City, Utah.

1.3 PRE-BID CONFERENCE

A. Representatives of OWNER and ENGINEER will be present at a pre-bid conference to discuss the Project. Bidders are encouraged to attend and participate in the conference.

ENGINEER will transmit to all persons or agencies who have signed up to receive copies of the Bid Documents such Addenda as ENGINEER considers necessary in response to questions arising at the conference. The location and time of the conference are identified in the Invitation to Bid (Document 00 11 16).

1.4 EXAMINATION OF SITE AND CONTRACT DOCUMENTS

A. In General: Bidders are permitted to converse with ENGINEER or ENGINEER's personnel having knowledge of the Project, Plans, Specifications, material sites, or conditions generally prevailing in the area of the Project to aid in pre-bid investigations. OWNER is not bound by any statements or representations made by ENGINEER or ENGINEER's personnel before the Bid opening or award of the Construction Contract, nor for any assumptions or conclusions reached by a prospective Bidder as a result of such communication unless ENGINEER issues an Addendum to all prospective Bidders.

B. Access to Site: The lands upon which the Work is to be performed, and rights-of-way and easements for access thereto and other lands designated for use by Bidder in performing the

Work are identified in the Contract Documents. All additional off-site lands and access http://utah.apwa.net/

00 21 13 - 2 thereto required for temporary construction facilities or storage of materials and equipment must be provided by Bidder.

C. Contract Documents: The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article

1.4; that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents; and that 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.

D. Bidder's Obligations: The submission of a Bid constitutes acknowledgement that Bidder has complied with all bidding instructions. It is the responsibility of each 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. Consider federal, state, and local Laws and Regulations that may affect cost, progress, performance, or furnishing of the Work.

4. Study and carefully correlate Bidder's observations with the Contract Documents.

5. Identify and notify ENGINEER in writing of all specific conflicts, errors, or discrepancies in the Contract Documents, and of any doubts of Bidder about their meanings. The failure or omission of any Bidder to receive or examine any form, instrument, Addendum, or other document, visit the site and become acquainted with conditions there existing, or attend the pre-bid conference, shall in no way relieve any

Bidder from obligations with respect to Bidder's Bid or to the Construction Contract.

E. Deviations from the Terms of the Contract Documents: OWNER will not accept any deviations whatsoever from the printed terms of the Agreement (Document 00 52 00) and the Contract Documents, except by Addendum or Change Order.

1.5 PHYSICAL CONDITIONS

A. In General: Before submitting a Bid, each Bidder is responsible for review of OWNER's explorations, tests, and data concerning surface conditions, subsurface conditions, and

Underground Facilities at or contiguous to the site, or otherwise, that 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, if any, are set forth in the Geotechnical Data (Document 00 31 32). That document provides the identification of:

1. Those reports of explorations and tests of subsurface conditions at the site that have been used by ENGINEER in preparing the Contract Documents; and

2. Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) at or contiguous to the site that have been used by ENGINEER in preparing the Contract Documents.

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

00 21 13 - 3 data furnished to OWNER and ENGINEER by owners of such Underground Facilities.

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 the General Conditions (Document 00 73 10).

D. Additional Explorations: On request in advance, and if possible, OWNER will provide to 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, and clean up and restore the site to its former condition upon completion of such explorations. Bidder shall indemnify and save OWNER harmless during and after the performance of additional explorations.

E. Modifications to the Contract Documents: Provisions concerning the adequacy of the data furnished for subsurface structures and underground facilities and the possibility of changes in the documents due to differing conditions appear in Articles 4.2 and 4.3 of the

General Conditions.

PART 2 BIDDING PROCEDURES

2.1 INTERPRETATIONS AND ADDENDA

A. All requests for interpretation of the Contract Documents shall be made in writing and delivered to ENGINEER no later than 7 calendar days before the Bid opening. If required, ENGINEER will send a written interpretation to all persons receiving a set of Bid

Documents in the form of a written Addendum. If ENGINEER doesn’t respond to a

Bidder's request for interpretation, Bidder shall not rely on any interpretation in the request that is contrary to the intent and terms of the Contract Documents.

B. OWNER will not be responsible for any explanations or interpretations, except those duly issued in the form of written Addendum.

C. Addenda may also be issued to modify the Bidding Documents as deemed advisable by

ENGINEER.

D. Any Addendum so issued during the time of bidding shall be deemed to be included in the

Bid. All Addenda shall become a part of the Contract Documents.

E. Except to cancel the Bid opening, no Addendum shall be issued within 48 hours before the

Bid opening.

2.2 EQUIPMENT AND MATERIAL OPTIONS BEFORE OPENING

A. If a Bidder or Supplier wishes to use items of equipment or materials other than those identified in the Contract Documents, Bidder or Supplier shall submit a written request for approval to ENGINEER at least 10 days before the date set for the Bid opening.

B. The procedure for submission of any such request shall be as follows: submit 1) two sets of the written request and technical brochures and 2) a statement of variances. The statement of variances must list all features of the proposed substitution that differ from the Contract

Documents and must further certify that the substitution has no other variant features. The brochure and information submitted must be clearly marked showing make, model, size, options, and any other features and must include sufficient evidence for ENGINEER to evaluate each feature listed as a variance. If after installing the substituted product, an

00 21 13 - 4 unlisted variance is discovered, CONTRACTOR shall immediately replace the product with a specified product at no cost to OWNER.

C. Any approval of such a request by ENGINEER must be made not later than 48 hours before the Bid opening. ENGINEER's failure to approve by such time shall be deemed a denial of the request.

D. Any such approval is at the sole discretion of ENGINEER and will be in the form of an

Addendum, issued to all Bidders holding Bid Documents, indicating that the additional equipment or materials are approved as equal to those specified for the Project.

2.3 BID SECURITY

A. Delivery of Bid Security: Bidders must deliver Bid security to OWNER at the time they deliver their Bid. If Bid Security is not delivered with the Bid, the Bid will not be read or accepted

B. Amount of Bid security: The Bid security amount must equal at least 5 percent of the total amount of the Bid. The total amount of the Bid shall be the sum of all items of the Bid, constituting the maximum amount of the possible award to the Bidder.

C. Bid Bond: If a Bidder submits a bid electronically using Bonfire, the Bid security must be an electronic or scanned Bid bond. OWNER will not accept an emailed or faxed Bid bond.

If a Bidder submits a bid by U.S. mail or hand-delivery, the Bid security must be either a hard-copy original Bid bond or a hard-copy original cashier’s check. Electronic or scanned copies, photocopies, or faxes of the Bid bond or cashier’s check will not be accepted with hard-copy Bid submissions delivered in-person or by U.S. mail. The Bond must guarantee that the Bidder, if awarded the Work, will promptly enter into the Construction Contract to perform the Work in the manner required by the Contract Documents.

D. Cashier's Check: If a cashier's check is used, the cashier's check must be made payable to

Salt Lake City Corporation. Personal or company checks will not be accepted.

E. Return of Bid Security: OWNER will return any hard-copy Bid securities to all Bidders by the earlier of 45 days after the date of the Bid opening and 7 days after the effective date of the Construction Contract. The liability of OWNER in regards to cashier’s checks shall be limited only to the return of the checks.

F. Default: If the Bidder fails, within the time limit described in Article 3.7A, to enter into the

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

Award by OWNER, the Bidder shall forfeit the amount of the Bid security as liquidated damages to OWNER.

2.4 CONTRACT TIME AND PUNCH LIST TIME

A. Provisions concerning Contract Time and Punch List Time are set forth in the Agreement

(Document 00 52 00).

2.5 LIQUIDATED DAMAGES

A. Provisions concerning liquidated damages are set forth in the Agreement (Document 00 52

00).

2.6 BID FORM

A. The Bid Form (Document 00 41 00) identifies all forms comprising the Bid Documents.

00 21 13 - 5

Additional copies may be obtained from ENGINEER.

B. All names must be typed or printed under or near the signature. The signature must be an original signature.

C. The Bid must contain an acknowledgment of receipt of all Addenda. The Addenda numbers must be filled in on the Bid Form.

D. 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.

E. The Bidder shall make no stipulations or alterations on the Bid forms. The Bidder must use only the Bid Form and Bid Schedules bound in the Contract Documents (unless updated forms are included in an addendum, in which cause the Bidder shall use the updated forms).

F. OWNER may waive any failure to comply with the requirements of this paragraph 2.6 if

OWNER determines that such failure (1) is not material to the terms of OWNER’s Bid

Documents and process and does not render the Bid non-compliant with Laws and

Regulations pertaining to bidding, or (2) involves ministerial or minor informalities that are evident from the Bid Documents or that can be waived without prejudice to other Bidders and that do not have a substantial effect on price.

2.7 BID SCHEDULE

A. Any work or material that is specified in the Contract Documents or that is necessary because of the nature of the Work, but that is not listed separately in the Bid Schedule

(Document 00 43 00), shall not be measured or paid for separately. The cost of such work or material shall be considered as included in the Contract Price.

B. All blanks on the Bid Schedule (Document 00 43 00) must be completed. If applicable, furnish both the unit and the total costs for each item. Numbers shall be stated in figures, and the signature of all persons signing shall be in longhand. Any corrections, alterations or erasures made by the Bidder to the information the Bidder entered on the Bid Schedule shall be initialed in ink by the Bidder. OWNER may waive any failure to comply with the requirements of this paragraph if OWNER determines that such failure (1) is not material to the terms of OWNER’s Bid Documents and process and does not render the Bid non-compliant with Laws and Regulations pertaining to bidding, or (2) involves ministerial or minor informalities that are evident from the Bid Documents or that can be waived without prejudice to other Bidders and that do not have a substantial effect on price.

2.8 SUBMISSION OF BIDS

A. Bids shall be submitted at the time and place and in the manner indicated in the Invitation to Bid (Document 00 11 16). It is the sole responsibility of the Bidder to deliver the Bid before the scheduled time.

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

C. No oral, telegraphic, telephonic, facsimile, or modified bids will be considered. OWNER will not consider any attempted modification of a Bid written or made on the outside of the envelope containing the Bid.

2.9 MODIFICATIONS AND WITHDRAWAL OF BIDS

A. At any time before the Bid opening, Bids may be modified or withdrawn if a written notice of the modification or withdrawal, as the case may be, is signed by Bidder and delivered to

00 21 13 - 6 the place where Bids are to be submitted.

B. Within two business days 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 to the reasonable satisfaction of

OWNER. If OWNER agrees, Bidder may withdraw its Bid and the Bid security will be returned to Bidder.

2.10 OPENING OF BIDS

A. Bids will be opened and read aloud publicly unless obviously non-responsive. An abstract of the amounts of the base schedule of prices and any alternate schedules will be made available for review after the opening of Bids.

B. Any Bids received after the time specified in the Invitation to Bid (Document 00 11 16) will be returned unopened.

2.11 BIDS SUBJECT TO ACCEPTANCE FOR 45 DAYS

A. Subject to Paragraph 2.3E hereof, Bids remain subject to acceptance for 45 days after the day of the Bid opening. OWNER may, in its sole discretion, release any Bid and return the

Bid security before that date. OWNER and Bidder may agree to extend the 45-day deadline.

2.12 NONDISCRIMINATION IN EMPLOYMENT

A. Work under this Bid will obligate the Bidder and Subcontractors not to discriminate in employment practices.

B. Bidders must, if requested, submit a compliance report concerning employment practices and policies in order to maintain their eligibility to receive the award of the Construction

Contract.

C. Equal opportunity employment shall be reflected in the racial and sexual composition of

Bidder's work force and OWNER urges an affirmative action program to overcome under-utilization.

D. Bidders are advised that the Construction Contract and its performance are subject to the applicable provisions of all Laws and Regulations. Bidder will be obligated, upon written request, to give all applicable assurances of compliance in connection therewith.

E. If federal nondiscrimination requirements are applicable, Bidder must be fully knowledgeable and comply with such requirements. Refer to Community Development

Block Grant Supplementary Conditions (CDBG) (Document 00 73 12) or Federal Aviation

Administration Supplementary Conditions as applicable.

2.13 SECTION 3, HOUSING AND URBAN DEVELOPMENT ACT OF 1968

A. If Work under this Bid is funded with a federal community development block grant the requirements of Section 3 of the Housing and Urban Development Act of 1968 may apply to the Bidder and its Subcontractors. OWNER encourages the use of the State of Utah

Section 3 register for all subcontracting http://housing.utah.gov/section3/HUD Section

3.html.

B. Bidder will be obligated to give all applicable assurances of compliance in connection with this Section 2.13 at any time.

http://housing.utah.gov/section3/HUD%20Section%203.html http://housing.utah.gov/section3/HUD%20Section%203.html

00 21 13 - 7

PART 3 AWARD OF CONSTRUCTION CONTRACT

3.1 QUALIFICATIONS OF BIDDERS

A. Within 7 calendar days after ENGINEER's request, a Bidder whose Bid is under consideration for award shall submit to ENGINEER any of the following information requested by ENGINEER. ENGINEER may request like information regarding Bidder's

Subcontractors or Bidder's Suppliers.

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

2. A chronological list of "completed" construction work done by Bidder during the last 3 years, including project name, address, owner, contract name, and current telephone number;

3. Work Under Contract Report (Document 00 43 37);

4. The proposed organizational structure for the project: firm ownership, project manager, progress scheduler, and CONTRACTOR’s Resident Superintendent’s resume;

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

6. Investigations, arbitrations, litigation, or claims that are pending, threatened, settled, or disposed of within the last 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 projects similar to the Work in physical size, cost, and commercial nature. If the work experiences of the project manager and

Resident Superintendent designated to construct this project are different than that of

Bidder, provide resumes of their work history. Include their actual project titles and indicate their actual responsibilities on each given project;

8. Names of three (3) projects of similar size and nature that the Resident Superintendent has completed. Include the name, address, and telephone number of the office contracting for each project.

9. Information so OWNER’s Labor Relations Specialist can certify that Bidder has an acceptable Utilization Plan that offers economic opportunities to low and very low income persons and that Bidder qualifies as a Section 3 Contractor; and

10. Such other data as may be called for in the Supplementary Instructions to Bidders

(Document 00 22 13) (if any).

B. OWNER will hold all requested information confidential and, upon request, shall return such information to Bidder after acceptance or rejection of Bidder’s Bid.

C. Untimely response by Bidder will release OWNER of any obligation to further negotiate or consider Bidder's Bid.

3.2 EVALUATION OF BIDS

A. OWNER reserves the right: (1) to reject any and all Bids; (2) to waive minor informalities in the Bid Schedule and elsewhere so long as the informalities (a) are not material to

OWNER’s Bid Documents and process and do not render the Bid non-compliant with Laws and Regulation pertaining to bidding, or (b) involve ministerial or minor informalities that are evident from the Bid Documents or that can be waived without prejudice to other

00 21 13 - 8

Bidders and that do not have a substantial effect on price; (3) to negotiate and agree to contract terms with the successful Bidder; and (4) to disregard non-conforming, non-responsive, unbalanced, or conditional Bids.

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 OWNER to make an award to that Bidder. Such rejection may be because the Bid is non-responsive, or Bidder is unqualified or of doubtful ability, or

Bidder’s Resident Superintendent is unqualified or of doubtful ability, or the Bid or Bidder fails to meet any other pertinent standard or criteria established by OWNER in the

Supplementary Instructions to Bidders (Document 00 22 13).

C. OWNER will consider the qualifications of Bidder and such alternates, prices, and other data as may be requested in the Bid Form (Document 00 41 00), Bid Schedule (Document

00 43 00), or written requests issued prior to OWNER's Notice of Intent to Award the

Construction Contract. OWNER will consider Bidder’s compliance with Section 3.24.115, Salt Lake City Code. See Document 00 22 16 Supplementary Instructions to Bidders.

D. OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for portions of the Work as provided in the

Proposed Subcontractor Form (Document 00 43 36). OWNER will consider Bidder’s compliance with Section 3.24.115, Salt Lake City Code. See Document 00 22 16

Supplementary Instructions to Bidders.

E. OWNER may consider the operating costs, maintenance requirements, performance data, and guarantees of materials and equipment when such data is required to be submitted prior to the Notice of Intent to Award the Construction Contract.

F. To establish qualifications of Bidder, OWNER may request such data indicated in Article

3.1 hereinabove and conduct such investigations as OWNER deems appropriate.

G. If the Construction Contract is to be awarded, it will be awarded to the most responsive and lowest, qualified, responsible Bidder as determined by OWNER. Alternates may be accepted depending upon availability of OWNER funds. Bid alternates will be considered in determining the most responsive, lowest, qualified, and responsible Bidder.

H. OWNER will evaluate Bid Schedules as follows:

1. OWNER will resolve discrepancies in the multiplication of quantities of Work items and unit prices in favor of the unit prices.

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

3. OWNER will resolve discrepancies between the indicated sum of any column of figures and the correct sum thereof in favor of the correct sum.

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

5. OWNER may accept a Bid despite obvious errors in a Bid Schedule, such as a failure to include unit prices or a misplaced decimal point, as long as OWNER reasonably can discern the intention of Bidder as to the amounts to be bid.

6. Owner has determined that in accordance with Section 3.24.115 of the Salt Lake City

Code the health, safety, and general welfare of the citizens of Salt Lake City are reasonably furthered by Owner’s Building Improvement or Public Works Projects procurement code requirements.

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3.3 BUILDING IMPROVEMENT OR PUBLIC WORKS PROJECTS

A. The Building Improvement or Public Works Projects procurement requirements are set forth in Salt Lake City Code Section 3.24.115 and can be found at the following web address: www.slcinfobase.com. To access the code, section select Ordinances, Policies

& Procedures, General City; select City Code/American Legal; select Title 3, Revenue and

Finance; select Chapter 3.24, Procurement; select Article III, Source Selection; select

3.24.115 Building Improvement or Public Works Projects.

B. Bidder shall submit with its bid the Qualified Health Insurance Coverage Form. In that form Bidder certifies that the information given is true as of the time of submitting its bid.

The information will be used in the manner stated in paragraph “F” below to evaluate

“responsiveness” if bids are within 10% of each other. That form is used by Bidder to certify that Bidder and all subcontractors of Bidder with a subcontract value of $1,000,000 or more at the original execution of the subcontract working on the project have and will maintain, qualified health insurance coverage in compliance with Salt Lake City Code

3.24.115 for the duration of the contract. Neither the failure to submit that form nor checking “No” regarding Qualified Health Insurance Coverage will render the bid non-responsive.

C. Bidder shall submit with its bid the Work Environment Certification Form. In that form

Bidder certifies that the information given is true as of the time of submitting its bid. If

“Yes” is not certified for each item 1 through 5, the bid will be rejected as non-responsive.

See Salt Lake City Code Section 3.24.115. That form is used by Bidder to certify that

Bidder and every subcontractor, if any, of Bidder working on the project have and will maintain 1) a drug and alcohol testing policy; 2) a program to recruit and/or employ veterans; 3) a job training program; 4) a safety program; and 5) a formal policy of non-discrimination in compliance with Salt Lake City Code Section 3.24.115 for the duration of the contract.

D. Owner reserves the right to review or audit any information provided by Bidder to make its evaluation. Bidder shall provide or furnish access to any necessary records or other information in order to permit Owner to verify Bidder’s and/or a subcontractor’s certifications. Bidder shall provide or furnish access to such records and information no later than three (3) business days after Owner issues a written request for the same.

E. The Building Improvement or Public Works Projects procurement requirements will only apply to contracts in the amount of $2,000,000 or more, as determined by the engineer’s estimate.

F. If more than one Bidder answers "Yes" on the Qualified Health Insurance Coverage Form, the following analysis will apply: A Bidder who certifies that it has and will maintain an offer of qualified health insurance coverage in compliance with the Building Improvement or Public Works Projects procurement requirements and whose bid is not more than 10 percent higher than the bid of any other offers who do not offer such insurance, will be deemed the more responsive Bidder. If two or more Bidders are judged to be equally responsive, Owner will make the award to the bidder with the lowest bid price. For purposes of this paragraph “F” references to “Bidder” with respect to qualified health insurance coverage shall be deemed to refer also to any subcontractors with a subcontract value of $1,000,000 or more at the original execution of the subcontract under such Bidder.

http://www.slcinfobase.com/

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G. Qualified Health Insurance Coverage documentation for bidder and each subcontractor of bidder with a subcontract value of $1,000,000 or more which shall include the following two documents:

(i) An original statement on company letterhead signed by a duly authorized officer of the bidder/subcontractor stating that the bidder/subcontractor will maintain qualified health insurance coverage for the duration of the contract as defined in Section 26-40-115, Utah Code Annotated, as amended, or its successor in compliance with Salt Lake City Code 3.24.115.

(ii) A written statement of actuarial equivalency from either:

1. An actuary selected by the bidder/subcontractor or bidder’s/subcontractor’s health insurer; or

2. An underwriter who is responsible for developing the bidder’s/subcontractor’s health insurance premium rates.

3.4 SUBCONTRACTORS, SUPPLIERS AND OTHERS

A. Bidder shall not subcontract more than 75 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 written approval.

B. Conflict of interest restrictions pertaining to Subcontractors are described in paragraph 6.5H of the General Conditions.

3.5 CONTRACT SECURITY AND OTHER SUBMITTALS

A. Performance Bond (Document 00 61 13) and Payment Bond (Document 00 61 14):

OWNER's requirements as to Performance and Payment Bonds are as set forth in the

Modifications to General Conditions (Document 00 73 10). Specific requirements are set forth in the Performance Bond (Document 00 61 13) and the Payment Bond (Document 00

61 14).

1. Bidder should carefully examine the form of the Bonds.

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

Documents 00 61 13 and 00 61 14, respectively).

B. Proposed Subcontractor Form (Document 00 43 36): Bidder must provide this report form to OWNER within 24 hours after ENGINEER's request. See Bid Form, paragraph

1.5B (Document 00 41 00) for additional information. The form shall list the name and address of each Subcontractor who will perform work or labor or render service to Bidder at the site of the Work, or a Subcontractor who, off the job site, will specially fabricate a portion of the Work or improvement according to detail Drawings. In each instance, the nature and extent of any Work to be subcontracted in an amount in excess of 2 percent of the Bid sum shall be described. Bidder must have the written consent of OWNER to substitute for any of the Subcontractors or Suppliers designated or to employ any

Subcontractor or Supplier that is not listed.

C. Bidder Status Report (Document 00 43 38): Bidder must submit the completed form upon ENGINEER's request or after Bidder receives the Notice of Intent to Award.

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

Contract, Bidder is required, before the award or after the award, or both, to furnish such

00 21 13 - 11 other information as ENGINEER requests.

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

A. The Contract Price identified in the Agreement (Document 00 52 00) represents the Cost of the Work that is to be paid by OWNER to CONTRACTOR. Adjustments to the Contract

Price that are agreed to between OWNER and the successful Bidder shall be affected by signing an Agreement Supplement.

3.7 SIGNING OF AGREEMENT

A. Within 10 days, (or such longer period of time that OWNER in its discretion may allow) after OWNER gives Notice of Intent to Award the Construction Contract to the successful

Bidder, Bidder shall pick up, sign, and return the required number of copies of the

Agreement (Document 00 52 00) and attached documents to OWNER with the required

Bonds. A minimum of 2 originals will be signed. One executed original will be returned to Bidder.

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

C. At and from the time of Bidding through the completion of 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, Salt Lake City and Salt Lake County.

PART 4 MISCELLANEOUS

4.1 EQUIPMENT AND MATERIAL OPTIONS AFTER BID OPENING

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

B. The procedure for submitting an application for substitution after the effective date of the

Construction Contract is set forth in Article 6.4 of the General Conditions.

Revised Nov. 27, 2006 Supplementary Instructions to Bidders

00 22 13 - 1

DOCUMENT 00 22 13

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

Add the following paragraph to Article 3.3.

3.3 SUBCONTRACTOR, SUPPLIERS AND OTHERS

C. The following firms, that have been under contract to the OWNER in the design phase of the Work, shall not be used as subcontractors by the CONTRACTOR.

1. Design Consultant: Dig Studio.

2. Civil Engineering Consultants: McNeil Engineering.

Add the following article to Part 4.

4.2 PARTNERING

A. Refer to Section 01 31 20 for description of partnering requirements.

B. OWNER's consultants listed in this project manual will be partners to the project.

Revised March 7, 2007 Supplementary Instructions (VP)

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DOCUMENT 00 22 18

SUPPLEMENTARY INSTRUCTIONS (VP)

1.1 INTRODUCTION

A. OWNER has determined that it obtains better value from contracted services when certain practices enhance a Bidder’s work environment. OWNER has implemented a

Value-Based Procurement Program (the “Value Program”) to obtain the benefit of those practices.

1.2 THE VALUE PROGRAM

A. The Value Program is as set forth in Salt Lake City Procurement Rules Chapter 19 and can be found at the following web address:

http://www.slcinfobase.com/PPAREO/default.htm#!WordDocuments/procurementchapt er19valuebasedprocurementprogram.htm.

B. Participation by a Bidder is voluntary. Failure to comply shall not render a bid non-responsive.

C. If Bidder fails to participate in the Value Program at the time of submitting a bid, OWNER shall consider such bid as though Bidder had no factors under the Value

Program. In such a case,

1. Bidder will receive no benefits allowable under the Value Program;

2. Bidder will NOT be allowed to submit additional information related to the Value

Program; and

3. Bidder waives any and all rights to raise a protest related to the Value Program.

D. If Bidder participates in the Value Program, Bidder shall provide the information shown in the Value Program Form (Document 00 43 40). In that form Bidder certifies that the information given is true as of the time of submitting its bid. The information will be used in the manner stated in the Value Program to evaluate “responsibility” if bids are close.

E. When the Value Program is applicable, the Program will only affect bids with an estimated value of $2,000,000 or less that fall within the following dollar range.

1. For contracts with an estimated value of $250,000 or less, the Value Program will apply to all bids or offers that fall within two (2) percent of the lowest amount submitted.

a. See 1.3 B of Document 00 41 00 to determine if the Engineer’s estimate is less than $250,000.00.

2. For contracts with an estimated value of more than $250,000 but less than

$1,000,000, the Value Program will apply to all bids or offers that fall within one-half (1/2) percent of the lowest amount submitted plus $5,000.

http://www.slcinfobase.com/PPAREO/default.htm#!WordDocuments/procurementchapter19valuebasedprocurementprogram.htm http://www.slcinfobase.com/PPAREO/default.htm#!WordDocuments/procurementchapter19valuebasedprocurementprogram.htm

Revised March 7, 2007 Supplementary Instructions (VP)

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3. For contracts with an estimated value of $1,000,000 or more, the Value Program will apply to all bids or offers that fall within $10,000 of the lowest amount submitted.

F. An award, if any, will be made in accordance with Salt Lake City Procurement Rules, Chapter 19. In general terms, Chapter 19 may apply based on the amount bid and other factors. If the Value Program applies, OWNER will first consider all matters relating to responsiveness and responsibility except the Value Program. OWNER will then further evaluate responsibility under the Value Program and will award the Contract to the

Bidder who demonstrates the most points among the following factors. If two or more bidders have the same number of points, the award will be made to the bidder with the lowest bid price.

Policy of nondiscrimination 1/2 point

Sponsorship of state-compliant apprenticeship programs(s) 1/2 point

Use of a pre-employment and “for cause” drug testing program 1/2 point

Local small business 1/2 point

1. OWNER reserves the right to review or audit any information provided by Bidder to make its evaluation.

2. Bidder shall provide or furnish access to any necessary records or other information in order to permit OWNER to verify these certifications.

3. Bidder shall provide or furnish access to such records and information no later than

3 business days after OWNER issues a written request for the same.

1.3 VALUE-BASED PROCUREMENT PROGRAM

A. In situations in which the factors listed in the Value Program Form affect the award of the Bid, the winning Bidder will be required to enter into a Value Program Supplemental

Agreement (Document 00 54 15) with OWNER.

Revised Nov. 27, 2006 Geotechnical Data

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DOCUMENT 00 31 32

GEOTECHNICAL DATA

1.1 REPORTS OF EXPLORATIONS AND TESTS

A. In the preparation of 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.

1. Report dated July 6, 2010 prepared by Project Engineering Consultants entitled: “SLC

Regional Athletic Complex Geotechnical Evaluation” consisting of 37 pages.

2. Report dated June 6, 2006 prepared by Professional Service Industries, Inc. entitled:

“Preliminary Geotechnical Engineering Report” consisting of 47 pages.

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 was 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 4.02 of the General Conditions

(Document 00 72 00) are incorporated by reference.

1.2 DRAWINGS OF SURFACE AND SUBSURFACE STRUCTURES

A. In the preparation of Drawings and…