SUMMIT COUNTY

PUBLIC WORKS PROJECT

TRAILSIDE SIDEWALK

PW-06-26

BID PROPOSAL

FOR

PROJECT

PW-06-26

Location:

SUMMIT COUNTY

Contractor

Bid Opening Date: July 30, 2026

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

TABLE OF CONTENTS

PART - ONE

A. Notice to Contractors 1

B. Certificate of Non-collusion 2

C. Equal Employment Opportunity, State of Utah 3

D. Contract 4-5

E. Attachment A

a. Summit County Terms and Conditions 6-15

b. Performance Bond 16-17

c. Payment Bond 18-19

F. Attachment B – Scope

a. Bidding Schedule 20-23

b. Measurement and Payment 24-30

c. General Specs

i. Instructions to Bidders 32-43

ii. Contract award and Execution 44

iii. Prosecution and Progress 45-46

iv. Section 00570M - Special Provision 47

v. Section 00820M – Legal Relations and

Responsibility to Public 48-49

vi. Section 01282M – Payment 55

d. Project Specifications

i. 01501 – Mobilization 56

ii. 01554M – Traffic Control 57-69

iii. 02231 – Site Clearing and Grubbing 70-71

iv. 02633 – Concrete Drainage Structures 72-80

v. 02765 – Pavement Marking Paint 81

vi. 02776 – Concrete Flatwork 82-84

vii. 02878 – RRFB 85-87

NOTICE TO CONTRACTORS

Sealed proposals will be received by Summit County, at the County Engineering Office, Coalville, Utah, until 1:00 p.m., July 30, 2026, and at that time publicly opened for the Trailside

Sidewalk Project. Bids may be submitted electronically to Jaharris@summitcountyutah.gov. It is recommended that you receive a confirmation email that your bid was received before the bid deadline.

The principal items of work are approximately as follows: Concrete flatwork, 4", colored concrete park strip, curb and gutter, storm drainage pipe and catch basins, traffic and pedestrian signage, rapid flashing beacons. See Bid Schedule for a complete list of items.

The project is to be substantially completed by October 1, 2026. Liquidated Damages will be enforced at $560 per Working Day the crack seal item is not complete, or 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) 336-3250).

The Proposal Forms, Plans and Specifications must be downloaded from BonFire (Trailside Sidewalk Project) at: https://utah.bonfirehub.com/ , where they may be reviewed by prospective bidders. Questions regarding the proposal should be directed to Jacob Harris at 435-321-0864 or Jaharris@summitcountyutah.gov

Each bidder must 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 16TH day of July, 2026 Summit County Public Works

Published: BonFire

CERTIFICATE OF NON-COLLUSION

Project Name: Trailside Sidewalk 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 , 20___.

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:

(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 CIV

ATTACHMENT B

SCOPE of WORK

BIDDING SCHEDULE “A”

TRAILSIDE RD

Bidding Schedule

February 9, 2022

Item

No.

Approximate

Quantities Description Unit Bid

Prices Amount

1. 1 Lump

Mobilization

2. 1 Lump

Traffic Control

3. 1 Lump

Clearing and Grubbing

4. 1 Lump

Landscaping Restoration

5. 1,618

LF

Asphalt Saw Cut

6. 5,000

SQ FT

Remove Asphalt

7. 320

SQ FT

Remove Concrete

8. 425

CU YD

Unclassified Excavation (Plan Quantity)

9. 1,450

Curb and Gutter, Type M1

10. 5,941

Concrete Flatwork, 4” Thick

11. 1,410

Concrete Drive Approach, 6” Thick

12. 5

EA

ADA Curb Ramp

13. 500

Stamped Colored Reinforced Concrete Crossing (8” Thick)

14. 2,423

Colored Concrete Flatwork, 4” Thick (Park Strip)

BIDDING SCHEDULE “A”

TRAILSIDE RD

15. 450

12” Storm Drain Pipe

16. 3

Curb Inlet Box 18”x48”x48”

17. 1

48”x48”x48” Storm Drain Junction Box

18. 10

GAL

Pavement Marking Paint

19. 4

Rectangular Rapid Flashing Beacon Assembly

20. 2

Relocate Existing Flashing Signage

21. 2,880

HMA – ½” Patching

22.

Landscape Curb 6” *Contingency Item

23.

Landscape Curb 12”

24.

24”x24”x48” SD Junction Box

25. 1

Heated Driveway Reconstruct

BIDDING SCHEDULE

SUMMIT COUNTY TRAILSIDE SIDEWALK PROJECT

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

Contractor: Name:

(Please Print)

(Signature)

President Address:

Secretary

Treasurer Phone:

Utah Contractor’s License No: Contact Person:

(Please Print)

Contact Phone No:

Contact Email:

Measurement and Payment

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

Specification

Bid Item Name Unit of Measurement &

Payment

Supplemental Information.

1 01501 Mobilization Lump Sum

Payment Amount Paid When Paid

First The lesser of 25% of mobilization or 2.5% of Contract

With first estimate

Second The lesser of 25% of mobilization or 2.5% of Contract

With estimate following completion of 5% of Contract

Third The lesser of 25% of mobilization or 2.5% of Contract

With estimate following completion of 10% of Contract

Fourth The lesser of 25% of mobilization or 2.5% of Contract

With estimate following completion of 20% of Contract

Final

Amount bid in excess of 10% of Contract Price

Project Acceptance-Final

2 01554M Traffic Control Lump

Traffic Control includes the labor and material required to perform the duties and responsibilities as specified by 2027 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.

3 Clearing and Grubbing Lump

Payment for Clearing and Grubbing shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to clear, remove, and properly dispose of vegetation, brush, trees, stumps, roots, debris, and other obstructions within the limits of construction, and to perform all work necessary to prepare the site for construction. No separate payment will be made for work incidental to this item.

4 Landscape Restoration Lump

Payment for Landscaping Restoration shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to restore all disturbed landscaped areas to a condition equal to or better than that existing prior to construction, including fine grading, topsoil, seed, sod where required, mulch, minor irrigation repairs, cleanup, and all other work incidental to complete restoration. Existing decorative rock disturbed during construction shall be salvaged and replaced. No separate payment will be made for work incidental to this item.

5 Asphalt Saw Cut LF

Payment includes all costs incidental for saw cutting asphalt surfacing in preparations for asphalt and concrete removal.

6 Remove Asphalt SF

Payment for Remove Asphalt shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to remove, load, haul, and lawfully dispose of existing asphalt pavement within the limits shown on the plans or as directed by the Engineer. Sawcutting, if required, will be measured and paid for under the applicable bid item. No separate payment will be made for work incidental to this item.

7 Remove Concrete Flatwork SF

Payment for Remove Concrete Flatwork shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to remove, load, haul, and lawfully dispose of existing concrete flatwork within the limits shown on the plans or as directed by the Engineer. Sawcutting, if required, will be measured and paid for under the applicable bid item. No separate payment will be made for work incidental to this item.

8 Unclassified Excavation

(Plan Quantity)

CY

Payment for Unclassified Excavation shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to excavate, load, haul, stockpile or dispose of excavated material, prepare the subgrade, and complete all work necessary for the construction shown on the plans. This is a Plan

Quantity item. Payment will be made for the plan quantity shown in the Bid

Schedule. No adjustment to the plan quantity will be made unless authorized by the Engineer.

Includes disposal of existing culverts under driveways.

9 Curb and Gutter, Type M1 LF

Payment includes all costs, materials, labor, and equipment incidental to the placement of type M1 curb & gutter. Includes placement of 6 inches of untreated base course, compaction, and testing. Includes the necessary excavation/fill, and any necessary hauling and disposal for correct placement of curb and gutter and untreated base course and joints. Includes expansion joints, contraction joints and transition from standard curb type. Includes driveway curb and gutter.

10 Concrete Flatwork, 4” Thick SF

Payment includes all costs incidental to the placement of 4 inch thick concrete flatwork. Includes material and placement of untreated base course and any necessary excavation/fill, necessary hauling and disposal for correct placement of concrete sidewalk and untreated base course.

11 Concrete Drive Approach, 6”

Thick

SF

Payment includes all costs, materials, labor, and equipment necessary to construct the driveway approach and the adjacent 6-inch concrete sidewalk behind the driveway approach. This includes placement of 6 inches of untreated base course, all necessary excavation and fill, hauling and disposal of excess material, concrete placement, steel reinforcement, finishing, curing, and all incidental work required for complete installation in accordance with the plans and specifications.

12 ADA Curb Ramp EA

Payment for ADA Curb Ramp shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to construct a complete

ADA-compliant curb ramp, including excavation, grading, untreated base course, concrete, reinforcement, finishing, curing, and all work necessary to complete the installation in accordance with the plans and specifications. Detectable warning surface (truncated domes) MUST be steel and are incidental to this item.

13 Stamped Colored Reinforced

Concrete Crossing, 8” Thick

SQ FT

Payment for Stamped Colored Reinforced Concrete Crossing, 8-Inch Thick shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to construct the crossing, including excavation, subgrade preparation, untreated base course, reinforcement, colored concrete, stamping, finishing, curing, jointing, sealing, and all work necessary to complete the installation in accordance with the plans and specifications.

14 Colored Concrete Flatwork, 4” Thick (Park Strip)

SQ FT

Payment includes all costs incidental to the placement of 4 inch thick colored concrete flatwork. Includes material and placement of untreated base course and any necessary excavation/fill, necessary hauling and disposal for correct placement of concrete sidewalk and untreated base course. Includes expansion joint.

15 12” Storm Drain Pipe LF

Payment for 12-Inch Storm Drain Pipe shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to excavate, furnish and install the pipe, provide bedding and backfill, make all required connections, perform testing as required, and complete the installation in accordance with the plans and specifications.

16 Curb Inlet Box 18”x48”x48” EA

Payment for 18-Inch × 48-Inch Curb Inlet Box shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to construct the curb inlet box complete, including excavation, bedding, backfill, frame and grate or curb opening, connections to storm drain pipe, and all work necessary to complete the installation in accordance with the plans and specifications. No separate payment will be made for work incidental to this item.

17 48”x48”x48”

EA

Payment for 4-Foot × 4-Foot × 4-Foot Storm Drain Junction Box shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to construct the junction box complete, including excavation, bedding, backfill, frame and cover, connections to storm drain pipe, and all work necessary to complete the installation in accordance with the plans and specifications. No separate payment will be made for work incidental to this item.

18 Pavement Marking Paint Gal

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.

19 Rectangular Rapid Flashing

Beacon Assembly

EA

Payment for Rectangular Rapid Flashing Beacon (RRFB) Assembly shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to provide a complete and operational RRFB assembly, including the pole, foundation, solar power system, beacon, controller, pedestrian push button, signs, mounting hardware, wiring, programming, testing, and all work necessary to complete the installation in accordance with the plans and specifications. No separate payment will be made for work incidental to this item.

20 Relocate Existing Flashing

Signs

EA

Payment for Relocate Existing Flashing Signs shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to remove, transport, relocate, reinstall, reconnect, test, and place the existing flashing signs into full operation at the new location in accordance with the plans and

21 HMA – ½” Patching (PG58-

28)

TON

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 2027 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.

22 Landscape Curb 6”

* Contingency Item

LF

Payment for 6-Inch Landscape Curb (Contingency) shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to excavate, prepare the subgrade, furnish and install the concrete landscape curb, backfill, finish, cure, and complete the installation in accordance with the plans and specifications. This is a contingency item and will only be paid for when authorized by the Engineer.

23 Landscape Curb 12”

LF

Payment for 12-Inch Landscape Curb (Contingency) shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to excavate, prepare the subgrade, furnish and install the concrete landscape curb, backfill, finish, cure, and complete the installation in accordance with the plans and specifications. This is a contingency item and will only be paid for when authorized by the Engineer.

24 24”x24”x48”

* Contingency Item

EA

Payment for 24-Inch × 24-Inch × 48-Inch Storm Drain Junction Box (Contingency) shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to construct the junction box complete, including excavation, bedding, backfill, frame and cover, connections to storm drain pipe, and all work necessary to complete the installation in accordance with the plans and

25 Heated Driveway Reconstruct

EA

Payment for Heated Driveway Reconstruct (Contingency) shall constitute full compensation for furnishing all labor, materials, equipment, and incidentals necessary to locate, protect, modify, repair, reconnect, pressure test or functionally test, and restore existing hydronic or electric heated driveway systems damaged or requiring modification due to construction activities, including restoration of the system to proper operating condition in accordance with the manufacturer's recommendations.

PART 2 - GENERAL SPECIFICATIONS

All work shall be performed in accordance with the Utah Department of

Transportation (UDOT) 2027 Standard Drawings and Standard

Specifications, including all applicable sections, details, and referenced standards, except as modified by these plans, Special Provisions, or project-specific notes. In the event of a conflict, the project plans and Special Provisions shall govern.

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

Instructions to Bidders 00120S - Page | 1 of 10

February 26, 2018

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 (Trailside Sidewalk Project) at https://utah.bonfirehub.com/ 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.

00120S - Page | 2 of 10

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 of 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 performed.

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

00120S - Page | 3 of 10 for bidders own investigation, interpretation, and judgment. The Department obtained and used this information for design and estimating purposes only.

I. Bidder is permitted to converse with Department personnel knowledgeable of the project, plans, specifications, materials sites, or conditions generally prevailing in the area of 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 Department.

1.8 BID PROPOSAL

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

00120S - Page | 4 of 10

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.

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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 – Trailside Sidewalk 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, P.O. Box 128, 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.

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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.

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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 Manager, 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.

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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

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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 3 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 “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.

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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

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SPECIAL PROVISION

SECTION 00515M

CONTRACT AWARD AND EXECUTION

Modify Article 1.6 as follows:

1.6 PROPOSAL CONSIDERATION

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

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March 12, 2014

SECTION 00555M

PROSECUTION AND PROGRESS

Delete Article 1.5 in its entirety and replace with the following:

1.5 SUBMITTALS

A. Subcontracts - Refer to this Section, article 1.8.

B. Construction Schedule - Refer to this Section, articles 1.9 and 1.10.

Delete Article 1.8, sub-article “D” in its entirety and replace with the following:

1.8 CONTRACT SUBLETTING

D. Do not allow subcontracted work to begin until the request to sublet work is approved by the Engineer.

Delete Article 1.9 in its entirety and replace with the following:

1.9 LIMITATION OF OPERATIONS

A. Minimize traffic interference:

1. Conduct the work to minimize interference with traffic.

2. Working Hours - Maintain a minimum of one lane (10 feet minimum clearance) of traffic.

3. Non-Working Hours - Maintain two way (10 feet minimum clearance each lane) traffic. Provided flagging and/or pilot car for that portion of the roadway that can not be maintained as two way traffic.

4. Off peak hours include from 9:00 p.m. to 6:00 a.m. or Sundays. Contractor to coordinate with Engineer to schedule work hours.

B. Sundays or holidays: Perform no work without written approval except repair or servicing of equipment, protection of work, maintenance or curing of concrete, or maintenance of traffic.

C. Night work:

1. Not Anticipated

2. The Summit County has a Noise Ordinance which prohibits work on construction projects between the hours of 9:00 pm and 6:00 am Monday through Saturday, and before 9:00 am on Sunday. Relief from the

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March 12, 2014

Ordinance can be granted by the Department only if it can be shown that work during these hours by its nature require continuous operations.

3. A request to work between the hours of 9:00 pm and 6:00 am Monday through Saturday, and before 9:00 am on Sunday must be made five calendar days prior.

4. If work is approved, provide adequate lighting for performing satisfactory inspection and construction operations.

5. Control noise and vibration under the provisions of Summit County

Ordinance 316 and Section 01355, article, A Noise and Vibration Control..