SUMMIT COUNTY

PUBLIC WORKS PROJECT

OVERLAY & RECONSTRUCTION

PROJECT

PW-01-26

BID PROPOSAL

FOR

OVERLAY & RECONSTRUCTION

PROJECT

PW-01-26

Location:

Contractor

Bid Opening Date: May 5, 2026

Note: The Contractor is responsible for reading the contents of the specifications.

TABLE OF CONTENTS

A. Statement of 2017 Standard Specifications and Standard Drawings i for Road and Bridge Construction applicability B. Notice to Contractors 1 C. Contract 2-3

ATTACHMENT A- STANDARD TERMS AND CONDITIONS

A. Summit County Standard Terms and Conditions for Goods and Services 4-20

B. Bid Proposal

a. Bidding Schedule A – East Henefer 20

b. Bidding Schedule B – Mahogany Hills 21

c. Bidding Schedule C – Summit Park 22

d. Bidding Schedule D – Jeremy Ranch 23

e. Bidding Schedule E – Justice Center 24

f. Bidding Schedule F – South Summit 25

g. Bidding Schedule G – Henefer City 26

C. Measurement and Payment 28-34 D. Certificate of Non-Collusion 35 E. Equal Opportunity State of Utah 36 F. Performance Bond 37-38 G. Payment Bond 39-40

ATTACHMENT B -SCOPE OF WORK

A. General Specifications 41-56

a. section 00120S - instructions to bidders 42-49

b. section 00515M - contract award and execution 50-51

c. section 00555M – prosecution and progress 52

d. section 0570M - definitions 53

e. section 00820M – legal relations and responsibility to public 54-55

f. section 01282M – payment 56

B. Project Specifications 57

a. section 015400S – public information services 58-61

b. section 02741S – hot mix asphalt (HMA) – marshal mix design 62-77

c. section 02742S – project specific surfacing requirements 79

d. section 02894S – traffic signs 80-84

e. ADS PIPE 85-

C. Plans i

The State of Utah Standard Specifications for Road and Bridge Construction, U.S. Standard Units (Inch Pound Units), Edition of 2017 applies on this project as a static Specification Book as well as all other applicable specification changes.

Refer to Part 3 (Special Provisions and Supplemental Specifications) for other project specific specifications.

The State of Utah Standard Drawings for Road and Bridge Construction, U.S.

Standard Units (Inch Pound Units), Edition of 2017 applies on this project as a static Drawing Book as well as all other applicable drawing changes.

NOTICE TO CONTRACTORS

Sealed proposals will be received by Summit County, at the County Engineering Office, Coalville, Utah, until 1:00 PM, May 5, 2025, and at that time publicly opened for the Summit County Overlay & Reconstruction Project.

The principal items of work are approximately as follows:

12892 Ton HMA (1/2" max) 683 Gal Pavement Marking Paint

20,223 Sq Yd 2” Rotomilling 4,982 Ln Ft Edge Milling

The entire project is to be substantially completed by October 1, 2026. Justice Center Parking Lot MUST be complete by July 24, 2026. The following Liquidated Damages will be enforced at $1,200 per day the project is not substantially complete.

Proposal forms, and specifications are on file in the office of the Summit County Engineer at 60 North Main, Coalville, Utah 84017, where they may be viewed (Telephone: (435) 302-6413. The Proposal Forms, Plans and Specifications must be downloaded from BonFire (Summit County Overlay Project) at https://utah.bonfirehub.com/portal/?tab=openOpportunities, where they may be reviewed by prospective bidders. Questions regarding the proposal should be directed to Jacob Harris (435) 321-0864 or jaharris@summitcountyutah.gov

Each bidder shall submit a bid bond from an approved surety company on forms provided by the Surety Company; or in lieu thereof, certified check, or cashier's check for not less than 5% of the total amount of the bid, made payable to Summit County as evidence of good faith and a guarantee that if awarded the contract, the bidder will execute the contract and furnish the contract bonds as required. The right to reject any or all bids is reserved.

Dated this 14th day of April 2026. Summit County Public Works

Published: BonFire

BID PROPOSAL

Date: April 14, 2026

COALVILLE, UTAH

Summit County Manager:

The undersigned, after having personally and carefully examined the Plans, Specifications, and form of contract and bond, all of which are made a part hereof, proposes to furnish all labor, equipment, tools and machinery, and to furnish and deliver all materials not specifically mentioned as being furnished by the Local Agency, which is required in and about, Summit County, State of Utah, being the Summit County Overlay & Reconstruction Project for approximately the sum of

The undersigned further proposes to execute the attached contract within ten days after the date of the award, and to begin work within ten days after being notified to do so by the Local Agency, and to substantially complete the project by October 1, 2026.

The undersigned agrees that Summit County shall deduct from any money due the Contractor the sum of $1,200 per day for each working day that the project is not substantially complete after the specified completion date, or as modified by written Change Order per the specifications.

The undersigned also proposes to furnish Performance and Payment Bond with the contract, signed by a surety company satisfactory to the Local Agency as surety, each in an amount equal to the amount of the contract (as determined from bid prices and estimated quantities listed herein) conditioned to ensure that the terms of the contract and the requirements of the specifications will be fully complied with.

The undersigned encloses a certified check for Dollars ($ ) (or five percent bid bond in lieu thereof) payable to the order of Summit County as a guarantee of good faith, and which it is agreed, will be forfeited to the Local Agency, as liquidated damages in the event of the failure of the undersigned to enter into a contract and furnish satisfactory bond to the Local Agency within 10 days after notice of award.

It is understood that Summit County has the right to reject this proposal or to accept it at the following prices:

BIDDING SCHEDULE ‘A’

SUMMIT COUNTY OVERLAY

EAST HENEFER

Item No.

UDOT

Spec No.

Approx.

Qnty

Unit

Description Unit Bid

Prices Total Amount

101 01285 1 LUMP

MOBILIZATION

102 1554M 1 LUMP

TRAFFIC CONTROL

103 02741S 1423 TON

HMA (LEVELING

COURSE) (1/2” MAX) (PG

58-28)

104 02741S 2895 TON

HMA(1/2" max.) (PG 58-28)

*** contingency item

TOTAL

BIDDING SCHEDULE ‘B’

MAHOGANY HILLS

UDOT

Spec No.

Approx.

Qnty

Unit

Description Unit Bid

201 01285 1 LUMP

202 1554M 1 LUMP

203 02741S 1713 TON

204 02961 3382 LN FT

EDGE MILLING

205 02961 320 LN FT

DRIVEWAYS

206 02221 200 LN FT

REMOVE CONCRETE

CURB AND GUTTER

207 02776M 200 LN FT

CONCRETE CURB AND

GUTTER (TYPE M1)

208 02635 7 EACH

WATER

VALVE/MONUMENT

COLLAR

209 02635 3 EACH

WATER VALVE RISER

RING

210 02635 10 EACH

MANHOLE COLLAR

211 02635 10 EACH

MANHOLE RISER RING

212 02765 50 GAL

PAVEMENT MARKING

STRIPING PAINT

BIDDING SCHEDULE ‘C’

SUMMIT PARK

Item No.

UDOT

Spec No.

Approx.

Qnty

Unit Description

Unit Bid Prices

Total Amount

301 01285 1 LUMP MOBILIZATION

302 01554M 1 LUMP TRAFFIC CONTROL

303 02316 3471 TON

HMA(1/2” MAX.)

304 02741S 1125 SQ YD

ASPHALT

PULVIRIZATION (8-

INCH)

305 02961 18791 SQ YD

ROTOMILING-2

INCH

306 02635 17 EACH

WATER

VALVE/MONUMENT

COLLAR

307 02635 30 EACH

MANHOLE COLLAR

308 02635 4 EACH

WATER VALVE

RISER RING

309 02635 6 EACH

MANHOLE RISER

RING

BIDDING SCHEDULE ‘D’

JEREMY RANCH

UDOT

Spec No.

Approx.

Qnty

Unit

Description Unit Bid

201 01285 1 LUMP

202 1554M 1 LUMP

203 02741S 305 TON

204 02961 1260 LN FT

205 02635 2 EACH

RING

206 02635 3 EACH

BIDDING SCHEDULE ‘E’

JUSTICE CENTER

UDOT

Spec No.

Approx.

Qnty

Unit

Description Unit Bid

501 01285 1 LUMP

502 1554M 1 LUMP

503 02741S 167 TON

504 02741S 117 TON

HMA(1/2” max.) (PG 58-28)

(PARKING LOT)

505 02961 1432 SQ YD

ROTOMILING-2 INCH

505 02961 400 LN FT

506 02765 6 GAL

PAVEMENT MARKING

STRIPING PAINT

507 02765 12 LN FT

PAVEMENT MARKING

PAINT(12" STOP

BAR/CROSSWALK)

BIDDING SCHEDULE ‘F’

SOUTH SUMMIT

UDOT

Spec No.

Approx.

Qnty

Unit Description Unit Bid

601 01285 1 LUMP

602 1554M 1 LUMP

603 02316 200 CU YD

UNCLASSIFIED

EXCAVATION

604 02316 5068 SY

ASPHALT

PULVIRIZATION (8-INCH)

605 02721S 1214 TON

HMA (1/2" max.) (PG 58-28)

BIDDING SCHEDULE ‘G’

HENEFER CITY

UDOT

Spec No.

Approx.

Qnty

Unit Description Unit Bid

601 01285 1 LUMP

602 1554M 1 LUMP

603 02721S 1450 TON

HMA (1/2" max.) (PG 58-28)

604 02635 14 EACH

RING

605 02635 12 EACH

The following information must be given: (mark N/A if not applicable)

Company: Name:

(Please Print)

President By:

(Signature)

Secretary Address:

Treasurer

Utah Contractor’s License No: Phone:

Contact Person:

(Please Print)

Contact Phone No:

Contact Email:

The Local Agency will measure and pay for each bid item as detailed in this section.

Payment is contingent upon acceptance by the Local Agency.

Items are listed by Specification and in the table as follows:

Item # A,B,C

Specification

Bid Item Name Unit of Measurement & Payment

Supplemental Information.

01501 Mobilization Lump Sum

Percent of Original Contract Amount Percent of Amount Bid for Mobilization to be Paid

5 40

15 20

40 30

50 10

01554M Traffic Control Lump

Traffic Control includes the labor and material required to perform the duties and responsibilities as specified by 2017 Utah Department of Transportation Standard Specification for Road and Bridge Construction Section 01554.

Traffic Control plans and implementation for each phase of work shall provide and maintain sufficient detail to provide for the safe and efficient movement of traffic, pedestrians, and bicycles during construction.

Percent of Original Contract Amount Percent of Amount Bid for Mobilization to be Paid

5 40

15 20

40 30

50 10

02221 Remove Concrete Sq Ft

In Place.

Payment includes all costs incidental to removing of fence and post foundations withing right-of-way and materials and labor for backfilling and compacting any post holes. Include coordination with property owner to determine which parcels require a temporary fence or the proposed fence to be in place prior to removal of the existing removal. Includes all costs incidental to temporary fencing placement, maintenance, and removal. Salvage fence to property owner or dispose properly with property owner approval.

02221 Remove Concrete Curb and Gutter

Ln Ft

In Place. Contractor shall remove existing concrete curb and gutter to the limits shown on the plans or as directed by the Engineer. Removal shall include all curb, gutter, and integral sections, and shall extend to full depth.

Contractor shall also remove a minimum of 1 foot of adjacent asphalt pavement in front of the curb to allow for proper placement of formwork for new curb and gutter installation.

All removed materials shall be disposed of off-site in accordance with local regulations.

Measurement and payment shall be per linear foot, which shall include all labor, equipment, sawcutting, asphalt removal, disposal, and incidentals necessary to complete the work.

02221 Remove Pipe Culvert Ln Ft

In Place. Payment includes all costs incidental to removal and disposal of pipe including backfill (UTBC), compaction, and asphalt patching

02316 Asphalt Pulverization (8” Depth)

Sq Yd

In Place. Payment for Asphalt Pulverization (8" Depth) will be made at the contract unit price per square yard, which shall constitute full compensation for all labor, equipment, tools, water, and incidentals necessary to complete the work.

The unit price shall include pulverizing the existing asphalt pavement and underlying base, mixing and blending materials to achieve a uniform gradation, grading and shaping the roadway to the required line, grade, and cross slope including the specified superelevation, moisture conditioning as necessary to achieve proper compaction, compacting the material to a firm and unyielding surface, and reworking unstable or unsuitable areas as directed by the Engineer.

No separate payment will be made for grading, shaping, moisture conditioning, compaction, achieving the required superelevation, as these items are considered incidental to Asphalt Pulverization (8" Depth).

Import or export of material, if required, will be paid for as directed by the Engineer.

02316 Unclassified Excavation Cu Yd

In Place. Payment includes all costs incidental to excavation, removal of all items within proposed area including, but not limited to landscaping, tree roots and stumps, and asphalt. Includes the disposal of excavated material.

Excavation completed for CONTRACTOR’S benefit or excavation error is incidental work.

02741S HMA(1/2” Max) (PG58-28) Ton

In Place. RAP shall not exceed 15%.

Quality Control Testing, aggregates, asphalt binder, hydrated lime, other additives, etc. are included in this specification.

Summit County will not pay separately for tack coat asphalt binder, hydrated lime, other additives, etc.

The tack coat shall follow UDOT 2017 Spec. 02748.

The tack coat shall be applied, broken, and cured with near 100% coverage before paving commences.

Diesel fuel shall not be used as an asphalt stripper.

Weigh Tickets shall be provided to the Engineer daily.

02741S HMA (Patching) (1/2” Max)

(PG58-28)

Ton

In Place. RAP shall not exceed 20%.

This specification includes excavation and disposal of existing materials. Quality Control Testing, aggregates, asphalt binder, hydrated lime, other additives, etc.

Summit County will not pay separately for tack coat, asphalt binder, hydrated lime, other additives, etc. Includes Driveways.

The tack coat shall follow UDOT 2017 Spec. 02748.

The tack coat shall be applied, broken, and cured with near 100% coverage before paving commences.

Diesel fuel shall not be used as an asphalt stripper.

02721 Untreated Base Course (UTBC) Ton

In Place. Payment includes all costs incidental to the placement of untreated base course in its final position including but not limited to labor, material, and equipment to provide, install, compact, and grade base course material as specified.

Weigh Tickets shall be provided to the Engineer daily.

02635 Manhole Collar Each

In Place. Includes plywood bottom, removal of existing risers from the cone, new plastic form and concrete collar.

Price includes cost to GPS location of each lowered manhole.

02635M Water Valve/Monument Collar

Each

In Place. Includes adjustment and concrete collar

02961 Edge Milling Ln Ft

In Place. All mill tailings will be hauled to the 3-Mile Landfill for stockpiling.

Contractor to haul mill tailings and dump place shown by Landfill Staff. (unless otherwise noted on plan sheets)

02961 Rotomilling -2 Inch Sq Yd

In Place. 2” Depth. All mill tailings will be hauled to the 3-Mile Landfill for stockpiling. Contractor to haul mill tailings and dump where shown by Landfill Staff. (unless otherwise noted on plan sheets)

02961 Rotomilling -3 Inch Sq Yd

3” Depth. All mill tailings not used in construction shall be hauled to the 3-Mile Landfill for stockpiling. Contractor to haul mill tailings and place where shown by Landfill Staff. (Unless otherwise noted on plan sheets)

02765 Pavement Marking Paint Gallon

Apply pavement marking paint at 20-25 wet mils. Inspector must be present during application to verify wet mil thickness. Markings made without the inspector present, accidental or excess paint will not be paid for.

02765 Pavement Marking Paint (12” Stop Bar/Crosswalk)

Ln Ft.

In Place.

Apply pavement marking paint at 20-25 wet mils. Inspector must be present during

02765 Pavement Marking Paint (10’ Wide Striped Crosswalk)

Ln Ft.

In Place.

Apply pavement marking paint at 20-25 wet mils. Inspector must be present during

02765 Pavement Marking Paint (Messages)

Each

In Place. Includes Arrows and Hydrant Symbols. Reference Manual on Uniform Traffic Control Devices (MUTCD) for sizing unless otherwise specified.

Apply pavement marking paint at 20-25 wet mils. Inspector must be present during

02776M Type M1 Concrete Curb and

Ln Ft

In Place. Any impacted landscaping or irrigation to be repaired as incidental to this item.

Payment includes all costs, materials, labor, and equipment incidental to placement of curb and gutter. Includes placement of 6 inches of untreated base course and compaction.

Includes the necessary excavation/fill, and any necessary hauling and disposal for correct placement of curb, gutter, untreated base course, and joints. Includes expansion joints, contraction joints, and plowable end section.

02776M Type B1 Concrete Curb and

Ln Ft

In Place. Any impacted landscaping or irrigation to be repaired as incidental to this item.

Payment includes all costs, materials, labor, and equipment incidental to placement of curb and gutter. Includes placement of 6 inches of untreated base course and compaction.

Includes the necessary excavation/fill, and any necessary hauling and disposal for correct placement of curb, gutter, untreated base course, and joints. Includes expansion joints, contraction joints, and plowable end section.

02610 HP Pipe Culvert Ln Ft

Payment covers the cost of the size and type of HP dual storm wall indicated.

Payment covers includes excavation and bedding and fill material, UTBC, and asphalt patch (HMA PG 58-28) 1” deeper than surrounding asphalt pavement thickness.

Payment covers the cost of incidental work such as fittings, couplings, joint lubrications, grout, jackhammer work, removal and disposal of waste materials, restoration of all utilities damaged because of operations, site dewatering, main repair, or replacement if damaged by CONTRACTOR.

CERTIFICATE OF NON-COLLUSION

Project Name: Summit County Overlay Project

Location: Summit County

STATE OF UTAH )

County of )

AFFIDAVIT

The undersigned of lawful age, being first duly sworn, disposes and says:

That as a condition precedent to the award of the project as above captioned, I, of do solemnly swear that neither I, nor to the best of my knowledge any member or members of my firm or company have either directly or indirectly restrained free and competitive bidding on this project by entering into any agreement, participating in any collusion, or otherwise taking any action unauthorized by Summit County with respect to this contract.

(Contractor)

By:

(Title)

Subscribed and sworn to before me this day of , 2025.

My commission expires Residing at

Notary Public

EQUAL OPPORTUNITY STATE OF UTAH

Selection of Labor:

During the performance of this contract, the contractor shall not discriminate against labor from any other State, possession, or territory of the United States.

Employment Practices:

During the performance of this contract, the contractor agrees as follows:

The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination: rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause.

The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Summit County contracts.

The Contractor will include the provisions of this Section in every subcontract or purchase order so that such provisions will be binding upon each subcontract or vendor. The Contractor will take such action with respect to any subcontract or purchase order.

Local Agency may direct as a means of enforcing such provisions including sanctions for noncompliance.

PERFORMANCE BOND

(Title 63G, Chapter 6a, U.C.A. 1953, as Amended)

KNOW ALL MEN BY THESE PRESENTS:

That hereinafter referred to as the "Principal," and , a corporation organized and existing under the laws of the State of , with its principal office in the City of and authorized to transact business in this State and U.S. Department of the Treasury Listed (Circular 570, Companies Holding Certificates of Authority as Acceptable Securities on Federal Bonds and as Acceptable Reinsuring Companies); hereinafter referred to as the "Surety," are held and firmly bound unto Summit County, hereinafter referred to as the "Oblige," in the amount of DOLLARS ($ ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written Contract with the Oblige, dated the day of , 20 , to construct in the County of State of Utah, Project No. , for the approximate sum of Dollars ($ ), which Contract is hereby incorporated by reference herein.

NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform the Contract in accordance with the Contract Documents including, but not limited to, the Plans, Specifications and conditions thereof, the one year performance warranty, and the terms of the Contract as said Contract may be subject to Modifications or changes, then this obligation shall be void; otherwise it shall remain in full force and effect.

No right of action shall accrue on this bond to or for the use of any person or corporation other than Summit County or the heirs, executors, administrators, or successors of said County.

The parties agree that the dispute provisions provided in the Contract Documents apply and shall constitute the sole dispute procedures of the parties.

PROVIDED, HOWEVER, that this bond is executed pursuant to the Provisions of Title 63G, Chapter 6a, Utah Code Annotated, 1953, as amended, and all liabilities on this Bond shall be determined in accordance with said provisions to the same extent as if it were copied at length herein.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 20 .

WITNESS OR ATTESTATION: PRINCIPAL:

By: .

(Affix Corporate Seal) Title: .

WITNESS: SURETY:

Attorney-in-Fact (Affix Corporate Seal)

STATE OF )

) ss.

COUNTY OF )

On this day of , 20 , personally appeared before me , whose identity is personally known to me or proved to me on the basis of satisfactory evidence, and who, being by me duly sworn, did say the he/she is the Attorney-in-fact of the above-named Surety Company and that he/she is duly authorized to execute the same and has complied in all respects with the laws of Utah in reference to becoming sole surety upon bonds, undertakings and obligations, and that he/she acknowledged to me that as Attorney-in-fact executed the same.

Subscribed and sworn to before me this day of 20 .

My commission expires:

Resides at: NOTARY PUBLIC

APPROVED AS TO FORM:

June 2013

DAVID L. THOMAS, CHIEF CIVIL DEPUTY

PAYMENT BOND

(Title 63G, Chapter 6a, U.C.A. 1953, as Amended)

KNOW ALL MEN BY THESE PRESENTS:

That hereinafter referred to as the "Principal," and , a corporation organized and existing under the laws of the State of , authorized to do business in this State and U.S.

Department of Treasury Listed (Circular 570, Companies Holding Certificates of Authority as Acceptable Securities on Federal Bonds and as Acceptable Reinsuring Companies); with its principal office in the City of , hereinafter referred to as the "Surety," are held and firmly bound unto Summit County hereinafter referred to as the "Oblige," in the amount of DOLLARS ($ ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written Contract with the Oblige, dated the day of , 20 , to construct in the County of State of Utah, Project No. , for the approximate sum of Dollars ($ ), which Contract is hereby incorporated by reference herein.

NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully pay all claimants supplying labor or materials to Principal or Principal's Subcontractors in compliance with the provisions of Title 63G, Chapter 6a, of Utah Code Annotated, 1953, as amended, and in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise it shall remain in full force and effect.

That said Surety to this Bond, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder, or the specifications or drawings accompanying same shall in any way affect its obligation on this Bond, and does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to the Work or to the specifications or drawings and agrees that they shall become part of the Contract Documents.

PROVIDED, HOWEVER, that this bond is executed pursuant to the Provisions of Title 63G, Chapter 6a, Utah Code Annotated, 1953, as amended, and all liabilities on this Bond shall be determined in accordance with said provisions to the same extent as if it were copied at length herein.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 20

WITNESS OR ATTESTATION: PRINCIPAL:

By: .

(Affix Corporate Seal) Title: .

WITNESS: SURETY:

Attorney-in-Fact (Affix Corporate Seal)

STATE OF )

) ss.

COUNTY OF )

On this day of , 20 , personally appeared before me , whose identity is personally known to me or proved to me on the basis of satisfactory evidence, and who, being by me duly sworn, did say the he/she is the Attorney-in-fact of the above-named Surety Company and that he/she is duly authorized to execute the same and has complied in all respects with the laws of Utah in reference to becoming sole surety upon bonds, undertakings and obligations, and that he/she acknowledged to me that as Attorney-in-fact executed the same.

Subscribed and sworn to before me this day of 20 .

My commission expires:

Resides at: NOTARY PUBLIC

APPROVED AS TO FORM:

JUNE 2013

DAVID L. THOMAS, CHIEF CIVIL DEPUTY

ATTACHMENT B

SCOPE of WORK

GENERAL SPECIFICATIONS

The State of Utah Standard Specifications for Road and Bridge Construction, U.S. Standard Units (Inch Pound Units), Edition of 2017 applies on this project as a static Specification Book as well as all other applicable specification changes.

Specifications can be view on internet at www.udot.utah.gov (Doing Business-Standards and Specification.)

SPECIFICATION MODIFICATIONS AND SPECIAL PROVISIONS

Section Description 00120S Instructions to Bidders 00515M Award and Execution of Contracts 00555M Prosecution and Progress 00570M Definitions 00820M Legal Relations and Responsibility to Public 01282M Payment

SECTION 00120S

INSTRUCTIONS TO BIDDERS

PART 1 GENERAL

1.1 PREQUALIFICATION OF BIDDERS

A. Bidders must have a bonafide Utah contractor’s license and must present satisfactory evidence that they have been engaged in the business or are reasonably familiar therewith, and that they are fully prepared with the necessary capital, materials and machinery to complete the work to be contracted, to the satisfaction of the Department.

1.2 REQUEST FOR BIDDING DOCUMENTS

A. Proposal forms, and specifications are on file in the office of the Summit County Engineer at 60 North Main, Coalville, Utah 84017, where they may be viewed (Telephone: (435) 336-3250. The Proposal Forms, Plans and Specifications must be downloaded from BonFire (Summit County Overlay Project) at https://utah.bonfirehub.com/portal/?tab=openOpportunities, where they may be reviewed by prospective bidders

1.3 JOINT VENTURE BIDDING

A. Prior to submitting a joint proposal on a single project, submit a letter of intent to the Department at least 5 working days before the bid opening.

1.4 CONTENTS OF BID PROPOSALS

A. Bid Proposals must contain the following pages:

1. Bid Proposal

2. Bid Schedule

3. Bid Bond, Contractor/Surety Furnished

4. Certificate of Non-Collusion

B. The Department considers papers bound with or attached to the Bid Proposal as part of the

Proposal, and does not detach or alter the documents when the Proposal is submitted.

C. The Department considers the plans, supplemental specifications, specifications and other documents that accompany the Bid Proposal as part of the Proposal whether attached or not, and they need not be returned as a part of the Bid Proposal.

1.5 ISSUANCE OF BID PROPOSALS

A. The Department reserves the right to refuse to issue a Bid Proposal or award a Contract to a bidder for any or all the following reasons:

1. Lack of qualifications.

2. Uncompleted work under contract that the Department determines will hinder or prevent the prompt completion of additional work if awarded.

3. Failure to pay or settle claims.

4. Failure to comply with any qualification regulations.

5. Default under previous contracts.

6. Unsatisfactory performance on previous or current Contract(s)

7. Debarment by the Department.

8. Serious misconduct that adversely affects the ability to perform future work.

9. Failure to reimburse for monies owed on any previously awarded Department contracts including contracts where the prospective bidder was a party in a joint venture, which failed to reimburse the Department.

B. If the Department refuses to issue a Bid Proposal for any of the foregoing reasons, bidder may appeal in writing to the Public Works Administrator.

1. Specify the basis for the appeal in the written request.

2. The Public Works Administrator may schedule either an informal or formal hearing.

1.6 INTERPRETATION OF QUANTITIES IN BID PROPOSAL

A. Proposal quantities are estimates used for comparison and may be increased, decreased, or be eliminated in their entirety. Department pays for actual work performed and accepted, and materials furnished.

1.7 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS AND WORK SITE

A. Examine proposed work site and all documents before submitting a Bid Proposal.

1. Bidder is responsible for all site conditions that should have been discovered had a reasonable site investigation been carried out.

2. The Department considers submitting a Bid Proposal as conclusive evidence the bidder knows the conditions to be encountered in performing the work and the requirements of the proposed Contract.

B. Any available Department boring logs and other records of subsurface investigations are available for information purposes only and are not substitutes for bidder’s own investigation, interpretation, and judgment. The Department obtained and used this information for design and estimating purposes only.

1. Bidder is permitted to converse with Department personnel knowledgeable of the project, plans, specifications, materials sites, or conditions generally prevailing in the proposed work to aid in pre-bid investigations.

1. Bidder conducts independent investigation, including a visit to the work site.

2. The Engineer is available by appointment.

D. The Department is bound only by written statements, representations, descriptions of conditions and work. No oral explanations or instructions are binding.

E. To request explanations of the written proposal documents, contact the Engineer 10 days prior to bid opening to allow a reply before proposal submission. The Department responds to written requests from prospective bidders by certified letter or electronic communications before the specified time for opening proposals.

F. Bidder acknowledges that he/she has investigated the nature and location of the work and knows the general and local conditions that can affect the work or its cost, including but not limited to:

1. Conditions bearing upon transportation, disposal, handling, and storage of materials.

2. The availability of labor, water, electric power, and roads.

3. Uncertainties of weather, river stages, irrigation channel flow, lake and reservoir levels, or similar physical conditions of the ground.

4. The type of equipment and facilities needed preliminary to and during work performance.

G. The character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is ascertainable from an inspection of the site, as well as from the drawings and specifications and all exploratory work made available by the Department.

H. Failure to take the actions described and acknowledged in this Article does not relieve the

Contractor of the responsibility for estimating the difficulty and cost of successfully performing the work, or from proceeding to successfully perform the work without additional cost to the

1.8 BID PROPOSAL

A. Prepare in ink and submit the Bid Proposal and Bidding Schedule contained within the bid documents.

1. Specify a unit price in figures for each pay item for which a quantity is given and type or print the values in the spaces provided.

2. Calculate the product of the respective unit prices, sub-totals and the total bid in figures and type or print the values in the spaces provided.

B. Follow all Standard Specification requirements for the preparation of a bid.

C. Properly executed proposals consist of: Bid Proposal, Bid Schedule(s), Acknowledgment of Addendum (if any), and Bid Bond.

D. A representative of the bidder authorized to execute bid proposals signs the Bid Report signature page in ink.

E. Print or type the name and address of the individual signing the Proposal as well as the following names and addresses, as applicable.

Type of Bidder

Names and Office Addresses Required

Individual

Individual and Post Office address

Partnership

Each Member of the Partnership and each Post office address

Joint Venture

Each Member or officer of Firms represented and each post office address

Corporation

Corporation Name and corporate address

H. By signing the Bid Report, bidders certify they understand and are in compliance with all provisions of this Section, article, “Non-Collusive Bidding Certification”, and article, “Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions”.

1.9 IRREGULAR BID PROPOSALS

A. The Department considers a Bid Proposal irregular and rejects the Bid Proposal as non-responsive if:

1. It is on forms other than those contained within the Contract Documents.

2. It contains unauthorized additions, conditional or alternate bids, or irregularities that make the Bid Proposal incomplete, indefinite, or ambiguous.

3. It includes added provisions reserving the right to accept or reject an award, or to enter into a contract pursuant to an award.

4. It contains unit prices that are not typed or completed in ink or are not legible.

5. It does not contain a unit price for each pay item listed and the amount for each lump sum item, except in the case of authorized alternate pay items.

6. It contains changes in the unit prices such as erasures, strikeouts, and whiteouts that are not initialed in ink.

7. It is not properly signed.

8. It has no bid bond.

9. It has a bid bond. that is not properly signed.

10. Any of the unit bid prices are significantly unbalanced to the potential detriment of the

Department. The Department may require written justification for the basis of the unit prices before making a decision as to whether the bid is irregular.

11. The receipt of Addenda is not acknowledged.

12. It does not acknowledge the Equal Opportunity, State of Utah provision.

1.10 PROPOSAL GUARANTY

A. The Department will not consider a Bid Proposal unless it is accompanied by a guaranty in the form of a certified check, cashier's check or guaranty bond for not less than 5 percent of the total amount of the bid made payable to the Summit County.

B. Use a form of proposal guaranty bond form from an approved surety.

1.11 DELIVERY OF BID PROPOSALS

A. Proposals must be enclosed in a sealed envelope and endorsed "Proposal for Summit County - Overlay Project, Summit County, Utah." No responsibility shall attach to Summit County for the premature opening of any proposal not endorsed as above written.

B. Address envelope to: Summit County Engineer, 60 N. Main, Coalville, Utah 84017

C. File the Bid Proposal before the time and at the place specified in the Notice to Contractors.

D. Bid Proposals received after the time specified for opening are returned unopened.

1.12 WITHDRAWAL OR REVISION OF BID PROPOSALS

A. Bid Proposal may be withdrawn or revised after receipt by the Department, provide the request for withdrawal or revision to the Department is received in writing or a telephone call followed by documented electronic communications before the time set for opening bid proposals.

1.13 COMBINATION OR CONDITIONAL BID PROPOSALS

A. Department will not consider combination bid proposals.

B. The Department considers conditional bid proposals only when specified in the advertisement.

1.14 PUBLIC OPENING OF BID PROPOSALS

A. Bid Proposals are opened and read publicly at the time and place indicated in the Notice to

Contractors.

1.15 DISQUALIFICATION OF BIDDERS

A. Department disqualifies a bidder and rejects a Bid Proposal for one or both of the following:

1. More than one Proposal for the same work from an individual, firm, or corporation under the same or different names.

2. Evidence of collusion among bidders. Collusion participants are not recognized as bidders for future work until they are reinstated as a qualified bidder.

1.16 NON-COLLUSIVE BIDDING CERTIFICATION

A. By submitting this Bid Proposal, each bidder and each person signing on behalf of any bidder certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief:

1. The prices in this Bid Proposal have been arrived at independently without collusion, consultation, communication, or agreement with any other bidder or with any competitor for the purpose of restricting competition.

2. Unless required by law, the prices that have been quoted in this bid proposal have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before opening of Bid Proposals.

3. No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a Bid Proposal for the purpose of restricting competition.

4. The signers of the Bid Proposal will tender to the Department a sworn statement that the named Contractor(s) has not, whether directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action to restrain free competitive bidding in connection with this Proposal.

B. The Department considers a Bid Proposal for award, nor makes any award where there has not been compliance with this article, paragraph A, except as follows:

1. If the bidder cannot make the foregoing certification, the bidder must furnish with the bid proposal a signed statement that describes in detail the reasons why the certification cannot be made.

2. The County Commission, or designee, determines that such disclosure was not made for the purpose of restricting competition.

C. Any of the following does not constitute a disclosure within the meaning of this article, paragraph A, line 1:

1. A bidder has published price lists, rates, or tariffs covering items being procured.

2. A bidder has informed prospective customers of proposed or pending publication of new or revised price lists for such items.

3. A bidder has sold the same items to other customers at the same prices being bid.

D. A Bid Proposal made by a corporation is considered authorized by the board of directors of the bidder. Authorization is defined as signing and submitting the bid proposal, and includes the declaration of non-collusion on the part of the corporation.

E. SUMMIT COUNTY DEPARTMENT OF PUBLIC WORKS NON-COLLUSIVE BIDDING

CERTIFICATION

"I declare under penalty of perjury under the laws of the United States and the State of Utah that neither I, nor to the best of my knowledge any member or members of my firm or company have either directly or indirectly restrained free and competitive bidding on this project by entering into any agreement, participating in any collusion, or otherwise taking any action unauthorized by Summit County with regard to this Contract."

F. Signing the Bid Proposal at the bottom of the Bid Schedule certifies compliance with all provisions of this Non-Collusive Bidding Certification.

1.17 DEBARMENT

A. The Summit County Manager may debar a Contractor from performing any work on Summit County or Summit County administered projects if:

1. The Contractor or an affiliate (defined as an owner, director, manager, officer or fiscal agent of the Contractor) has been convicted of or entered a plea of guilty or nolo contendere to a bid-related or a contract-related crime in any Court of competent jurisdiction.

2. The Contractor or an affiliate has made a public admission of any bid-related or contract-related crime.

3. The Contractor or an affiliate has falsified information or submitted deceptive or fraudulent statements in connection with prequalification, bidding, or performance of a contract.

4. The Contractor or an affiliate has violated relevant antitrust laws covering bid rigging, collusion or restraint of free competition among contractors; (Violations covered by the Sherman Antitrust Act, 15 U.S.C. 1, et seq. and Title 76, Chapter 10, Section 911, et se., U.C.A. 1953, as amended).

5. The Contractor or an affiliate has demonstrated willful wrongdoing reflecting a lack of integrity in bidding or performing public projects.

6. The Contractor, joint venturer, stockholder of 5 percent or more of the Contract, an affiliate, or any immediate relatives of the aforementioned, has been debarred or affiliated with another debarred person or contractors by the Federal Government or by another State government.

7. The Engineer has reasonable grounds to believe and finds that the Contractor has acted in collusion with others to perform work on a project that supposedly satisfies disadvantaged business enterprise goals or requirements through other than bona fide disadvantaged business entities in any combination of individuals, firms or corporations.

8. The Contractor or affiliate has defaulted under previous contracts.

9. The Contractor or affiliate has unsatisfactory performance on previous work or current

Contract(s) consisting of, but not limited to:

a. Noncompliance with Contract.

b. Failure to complete work on time.

c. Instances of substantial corrective work before acceptance.

d. Instances of completed work that requires acceptance at reduced pay.

e. Production of non-specification work or materials, and when applicable, required price reductions or corrective work.

f. Failure to provide adequate safety measures and appropriate traffic control that endangered the safety of the work force and public.

10. The Contractor or an affiliate has questionable moral integrity as determined by the

Department, the Attorney General of Utah or the Attorney General of the United States.

11. Failure to reimburse the State for monies owed on any previously awarded contract including those where the prospective bidder is a party to a joint venture and the joint venture has failed to reimburse the State for monies owed.

12. The Public Works Administrator has reasonable grounds to believe and finds that the public health, welfare or safety imperatively requires such action.

1.18 STATUS PENDING DEBARMENT

A. Contractor notified of proposed debarment as provided above is not permitted to contract with Summit County, nor act as a subcontractor unless a request for either an information or formal hearing is pending.

B. The proposed debarment period does not commence until the Summit County Managers decision has been issued following the said hearing or hearings.

1.19 LENGTH OF DEBARMENT

A. Debarment is for a term of not less than 6 months and up to 5 years as determined by the County Manager.

B. The Summit County Manager may adjust the period of debarment for mitigating circumstances including but not limited to the following:

1. Degree of culpability.

2. Restitution of damages to the County.

3. Cooperation in the investigation of other bidding crimes.

4. Disassociation with those involved in bidding crimes.

5. Protection of the County that may be required.

6. If such action would have unintended adverse consequences on competition.

C. Debarment in no way affects the obligation of a Contractor to the Summit County Manager to perform under existing contracts.

D. The Summit County Manager also reserves the right to declare a debarred Contractor in default on any existing contracts for adequate cause as provided in such contracts.

1.20 DEBARMENT - PROCEDURES

A. The procedure described in this Section, article A. Debarment applies if it is found that a contractor or an affiliate thereof is violating the prohibited activities.

B. The Engineer notifies the Contractor in writing and by certified mail of the County=s intention to debar. Written notice specifies:

1. The grounds for such intended debarment.

2. The date debarment becomes effective and the intended period of debarment.

3. The procedure to follow if the Contractor desires to challenge the debarment or to offer information to the Summit County Manager in mitigation of its alleged actions.

C. Within 15 calendar days of receiving the notice of intended debarment, the Contractor may request either:

1. An informal hearing before the Public Works Administrator.

2. A formal hearing before the Summit County Manager.

D. The Contractor who elects to proceed at an informal hearing has the opportunity to appear at a mutually agreed upon time and location.

1. Contractor may supply information in support of their position and has the opportunity to review the Department's evidence, present evidence, and discuss matters informally.

2. No legal counsel is permitted for either party at the informal hearing.

E. The Summit County Manager conducts a formal hearing with assistance from the County

Attorney Office. The Contractor who appears may be represented by counsel and has the opportunity to review the Department's evidence, and to present evidence in rebuttal either by sworn affidavit or by sworn testimony.

F. Following either a formal or informal hearing, the Department representative conducting the hearing issues a written decision no later than 30 calendar days following the hearing.

G. The decision of the Summit County Manager following a formal hearing is final and specifies the facts justifying the Department’s actions and conclusion.

H. If the Engineer’s decision is to be appealed, the Contractor files notice in writing with the Summit County Manager within 20 calendar days after receiving the decision from the Engineer.

The Summit County Manager then schedules a formal hearing as specified above.

PART 2 PRODUCTS Not used.

PART 3 EXECUTION Not used.

END OF SECTION

SPECIAL PROVISION

SECTION 00515M

CONTRACT AWARD AND EXECUTION

Modify Article 1.6 as follows:

A. The Department publicly opens properly executed proposals at the time and place designated in the Notice to Contractors.

1. The Department makes the results of the comparisons available to the public.

2. The unit bid prices govern if a discrepancy exists between unit bid prices and extensions.

B. The Department reserves the right to reject any or all proposals, waive technicalities, or advertise for new proposals.

C. The bidder can request withdrawal of a bid after bid opening by:

1. Submitting to the Department a notarized affidavit within 24 hours after bid opening declaring a clerical or mathematical error in bid preparation.

2. Submitting accompanying declaration with original work sheets used in bid preparation.

3. Describing specific errors in detail.

4. Verifying that error has a significant monetary effect in the amount of 3 percent of the bid or greater.

D. The bidder may not request bid withdrawal for judgmental errors.

E. The County Engineer makes the final determination of the withdrawal request.

Delete Article 1.11, sub-article “B” in its entirety

Modify Article 1.12 as follows:

1.12 MATERIALS GUARANTY

A. The successful bidder must:

1. Furnish a complete statement of the origin, composition, and manufacturer of material proposed for use in the construction.

2. Furnish samples to be tested and inspected for meeting the contract.

B. Contractor warrants that all materials and supplies used in the construction of the Project shall be new, except as otherwise agreed to in writing by the Department. All materials, equipment, parts and labor and any necessary corrections to the project shall be guaranteed for a period of one (1) year following the date of substantial completion of the Project under the terms of the performance bond, unless otherwise stated in the contract.

C. Contractor may be required to furnish a written guaranty covering certain items of work for varying periods of time from the date of acceptance of the contract.

1. The Department specifies in the contract the work to be guaranteed, the form, and the time limit of the guaranty.

2. Sign and deliver the guaranty to the Engineer before contract completion according to

Section 00570.

3. The required performance bond may be reduced upon contract completion to conform to the total amount of the contract bid prices for the items of work to be guaranteed. This amount continues in full force and effect for the duration of the guaranty period. Refer to this Section, article 1.10.

SECTION 00555M

PROSECUTION AND PROGRESS

Delete Article 1.5 in its entirety and replace with the…