1-RFP Document - Daybreak Lane Replacement.pdf

Dawn R. Ramsey, Mayor Patrick Harris, Council Member Bradley G. Marlor, Council Member Donald J. Shelton, Council Member Tamara Zander, Council Member Jason T. McGuire, Council Member

REQUEST FOR PROPOSALS

FOR

Daybreak Lane Replacement 2026

RFP #SoJo 2026-014

PH: 801.446-HELP @SouthJordanUT

I. PURPOSE

City of South Jordan is seeking to hire a qualified Contractor (hereinafter referred to as “Contractor”) to remove and replace old concrete lanes throughout the Daybreak area of the City. Lanes are used to access homes and driveways for residents in the Daybreak area and it is imperative that they are completed to City standards and specifications and within the specified period. The location of each lane to be repaired can be found in Appendix A of this RFP. City of South Jordan will select one Contractor to provide the work for this RFP.

II. SCOPE OF WORK

City of South Jordan plans to tear out and replace old concrete lanes as identified in Appendix A.

1. Work includes demolition and removal of existing concrete and installation of new concrete.

2. Pricing of base bids shall be per square feet and shall include removal of existing concrete and hauling and disposal of materials, new concrete installation, and restoring any landscaping disturbed by the lane replacement process. Please provide a cost for each individual lane name and assigned square footage.

3. Newly installed concrete material shall be High-Early Strength High Performance so that residential traffic can be using the lanes shortly after completion. (UDOT 4000 AA-AE Fast Track Spec)

4. Coordination with homeowners using fliers and notices may be required prior to doing any work.

5. Performance and Payment Bonds are required from the Contractor who is awarded this project.

(See attached example).

Base Bid 1 Work should be complete by June 18th, 2026, including all invoicing.

Base Bid 2 Work shall start after July 1st, 2026 and must be complete by August 12th, 2026, including all invoicing.

The information provided is intended to provide those interested in responding sufficient basic information regarding minimum requirements. It is not intended to limit a Contractor’s content or exclude any relevant or essential data therefrom. Contractors are at liberty and are encouraged to expand upon the specifications to provide support for their service capabilities under any agreement.

The OWNER anticipates that a Notice to Proceed will be given on the following date, but reserves the right to change such date:

Anticipated date of Notice to Proceed Base Bid 1: May 7th, 2026 Anticipated date of Notice to Proceed Base Bid 2: July 1st, 2026

III. MINIMUM REQUIREMENTS

The City of South Jordan is looking for a Contractor that has completed construction services of a similar size and scope as this project. Contractor must have these minimum qualifications;

otherwise, the proposal will be rejected and will not be evaluated.

Qualified Contractor must submit the following:

1. A statement confirming sufficient resources are available to complete the Base Bid 1 Work by June 18th, 2026 and Base Bid 2 Work by August 12th, 2026.

2. A statement confirming sufficient knowledge of technical requirements related to concrete demolition and installation, proper concrete mix use, concrete base specs, landscape mitigation, restoration and preservation, traffic control plans, and any other pertinent information to successfully complete this job.

3. At least three successfully completed similar projects with references provided for each job.

4. A statement demonstrating knowledge and ability to meet all applicable environmental / health laws and regulations during the course of work.

To be considered responsive, the following documents must be submitted:

1. Proposal: Statement of Qualifications and all items listed in Section V. Proposal Requirements

2. Insurance Certificates

3. Base Bids 1 & 2

IV. INSURANCE REQUIREMENTS

Contractor shall procure and maintain at its own expense and shall provide evidence, satisfactory to the City, of insurance as follows:

1. Commercial General Liability - A minimum of Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage, and not less than Three Million Dollars ($3,000,000) in the aggregate. The general aggregate limit shall apply separately to the specific project, or the general aggregate limit shall be two (2) times the required occurrence limit. The coverage shall be in the nature of Broad Form Commercial General Liability coverage, and shall specifically include, at minimum, the following coverages:

a. Premises - Operations;

b. Product - Completed Operations Hazard;

c. Broad Form Contractual Insurance;

d. Independent Contractors;

e. Comprehensive Form;

f. Automotive;

g. Broad Form Property Damage; and

h. Personal Injury.

i. Other insurance requirements may be required.

2. If the coverage described above is not in place at the time a Proposal is submitted, the Contractor should describe in detail what types and levels of coverage currently are in place and clearly indicate the Contractor’s ability and willingness to obtain the above listed coverage if required by the City.

3. The Contractor shall maintain all employee related insurance, in the statutory amounts, such as unemployment compensation, worker's compensation, and employer's liability, for its employees or volunteers involved in performing services pursuant to this Contract.

4. The Contractor shall submit certificates of insurance listing the City as additional insured as evidence of the above required coverage to the City prior to the commencement of this Contract.

Such certificates shall provide the City with thirty (30) calendar day's written notice prior to the cancellation or material change of the applicable coverage, as evidenced by return receipt or certified mail, sent to the above address.

V. PROPOSAL REQUIREMENTS

The following items are required in the submitted proposal. Failure to provide the requested documentation may result in disqualification or reduction in scores.

1. Proposals

a. Statement of Qualifications (SOQ)

i. Introduction of Contractor and/or Company including years in business

ii. Discussion of Contractor’s qualifications, experience, availability

iii. Work that is expected to be performed, options available, and any other pertinent information

iv. Contractors shall include any third party that will be contracted by them. If third party is being used, please include information and qualifications of the sub-contractor.

v. Additional supporting documents, resumes, or descriptions of work

vi. List three to five local projects similar in size and nature; Include the superintendent or project manager’s name and contact information so that they may be contacted as a reference.

b. Base Bids 1 & 2

c. Business Licenses

d. Valid Contractor’s license

2. Bid Bond in the amount of contractor’s bid. The city does not have a cost estimate.

3. Insurance Certificates

4. Any other information that may assist in the selection process

5. Proposals should not exceed 10 pages in length (not including project-related pictures) and in .pdf format, preferably in one file, uploaded to Bonfire. Paper copies of the proposals will be rejected.

If the City considers it pertinent for clarification purposes, the City may choose to interview the two top-ranked Contractors.

VI. DISCLOSURES

1. Once the RFP is released, communication of any kind regarding this Proposal with any City employee or committee member other that the listed contact person in this RFP is prohibited. Any such contact could disqualify a Contractor from being awarded this RFP.

2. Award of the Proposal does not guarantee any purchase will take place. The City does not guarantee that any or all of the planned purchases will take place.

3. To access the State of Utah's procurements online, you must register as a vendor on the Bonfire website, https://utah.bonfirehub.com/ . If you require assistance during the registration process, you may contact support.bonfire@eunasolutions.com. Registration, email notifications, and electronic responses for all sourcing events (bids, RFPs, etc.) are free under the State of Utah contract with Bonfire. Registration with the Utah Supplier Portal is limited to procurements conducted by the State of Utah and political subdivisions of the State of Utah. Go to this link for a vendor support article that covers vendor registration in detail:

https://vendorsupport.gobonfire.com/hc/en-us/articles/15646869029783-Vendor-Registration.

4. Submit proposals through Bonfire electronically by the close date listed in Bonfire. It is the sole responsibility of the Contractor to submit the proposal before the scheduled time. Any questions regarding how to use the Bonfire program, including how to submit a bid, download and upload documents, etc. please contact support.bonfire@eunasolutions.com.

5. It is the responsibility of any potential Contractor to check for updates. Any addendums or updates will be on Bonfire at https://utah.bonfirehub.com. The City is responsible to post any and all updates to questions through Bonfire it is the potential Contractor’s responsibility to ensure they are checking for updates.

6. Any proposal may be withdrawn prior to the date and time the proposals are due. Any proposal not withdrawn will constitute an irrevocable offer, for a period of ninety (90) days, to provide the City with the services/product specified in the proposal.

https://linkprotect.cudasvc.com/url?a=https%3a%2f%2futah.bonfirehub.com%2f&c=E%2C1%2CbdaKOhZnGnLkAjcHoHSiKD90VVBU_3_QtBVopJu6K_VHehNMan2UL1Pv7b_7vGyWZ-1aAFM1u0GEmqvIpniag-GESkb20ijdhVRCyC4Uqpdouvg%2C&typo=1&ancr_add=1 mailto:support.bonfire@eunasolutions.com https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fvendorsupport.gobonfire.com%2fhc%2fen-us%2farticles%2f15646869029783-Vendor-Registration&c=E%2C1%2CT-YpgpIPf-i8P7Bbvx8RJ75A2naM3p1SWenDf7rOCl-l6csaR9i06ZxffkEDPzhGmaNBnRhu-jvt2FT7Dgh3OExviPW-6VcJ-cnOqw8nLPz1ZdmtiwgtLA%2C%2C&typo=1&ancr_add=1 mailto:support.bonfire@eunasolutions.com https://utah.bonfirehub.com/

7. Any proposal emailed or not sent electronically through Bonfire will not be considered. It is not the responsibility of the City to inform Contractor that they must submit through Bonfire; it is the sole responsibility of the Contractor to read through this RFP and follow all conditions.

8. The City of South Jordan reserves the right to reject any or all RFP’s or any part, thereof; to waive informalities; to negotiate and agree to contract terms with the successful proposal; to disregard non-conforming, non-responsive, unbalanced or conditional proposals, and to re-advertise if it is in the best interest of the City to do so. It shall be the sole responsibility of the proposer to upload their documents onto the Bonfire website prior to the deadline. Failure to submit required documents or follow any of the listed conditions in this RFP may result in the Proposal being disqualified, but it is the sole discretion of the selection committee to do so consistent with the Purchasing Policy and the best interests of the City.

9. All questions must be submitted via Bonfire by the Q&A date/time deadline posted in Bonfire. Any question emailed or asked of staff will not be answered. Instead potential Contractors will be directed to go to Bonfire and submit their questions.

10. Any product or services that have been omitted from this specification that is clearly necessary for completing the work shall be considered a requirement although not directly specified or called for in this proposal.

VII. REVIEW CRITERIA

Each initial proposal should be submitted with the most favorable price and services available. A committee comprising of at least four members will review all submitted proposals. Each proposal will be evaluated by the following criteria:

1. 30% Qualifications, Experience, & Project Team Availability: The Statement of Qualifications

(see Section V. Proposal Requirements for requirements) and Licenses of the interested Contractor, the Contractor’s experience performing similar work in scope and size, and the availability of the contractor to complete the work in the time frame required.

2. 60% Cost: Cost shall include all items outlined in the Scope of Services for removal and installation of concrete lanes, restoration of landscaping, and any other costs necessary for completing the work, but not explicitly stated. Please provide a cost for each individual lane and defined square footage. Highest score for this category will go to the Contractor that provides the lowest cost estimate.

3. 10% References – The City will be checking with the references listed regarding past work performance and scoring their responses.

If the City considers it pertinent for clarification purposes, the City may choose to interview the two top-ranked Contractors.

VIII. AWARD OF THE CONTRACT

1. The proposal that most closely meets the criteria established in this RFP will be awarded the contract. The City intends to award one contract and does not anticipate awarding to multiple companies. Regardless, the City reserves the right to make multiple or partial awards if in the City’s best interest.

2. The City may, at its discretion, limit the size and number of projects based on the project’s budget, in accordance with the City’s Purchasing Policy.

3. Contractors must be able to meet the insurance requirements, at their sole cost and expense.

4. This award is contingent upon a contract being signed.

5. The attached contract is tentative. Contractor must review the terms in the attached tentative contract. The contract may be modified or replaced with another contract to reflect the conditions agreed on during negotiations and according to this RFP.

IX. PROTECTED INFORMATION

1. All Proposals are subject to the Government Records Access and Management Act (GRAMA) Utah Code Ann., Subsection § 63G-2-101 et seq.

2. If Contractor believes any information should be held confidential for business reasons, Contractor must submit a written claim of business confidentiality for that particular information and include a specific statement of the reasons supporting the claim pursuant to Utah Code Ann. §-63G-2-305(2)(c).

Base Bid 1: The following schedules constitute Base Bid 1.

Schedule A: Cobham Lane Replacement

Item No.

Unit Estimated

Quantity Unit Price

Total Estimated Price

A-1 Mobilization and Traffic Control LUMP 1 $ $ A-2 Site Preparation and SWPPP LUMP 1 $ $ A-3 Street Sweeping & Cleaning LUMP 1 $ $ A-4 Concrete Demolition SF 2,725 $ $ A-5 Concrete and Base SF 2,725 $ $ A-6 Restoration of Landscaping LUMP 1 $ $

SCHEDULE A TOTAL = $

Schedule B: Zemo Lane Replacement

Unit

Price

Total Estimated Price

B-1 Mobilization and Traffic Control LUMP 1 $ $ B-2 Site Preparation and SWPPP LUMP 1 $ $ B-3 Street Sweeping & Cleaning LUMP 1 $ $ B-4 Concrete Demolition SF 2,09

B-5 Concrete and Base SF 2,09

B-6 Restoration of Landscaping LUMP 1 $ $

SCHEDULE B TOTAL = $

Schedule C: Galleon Lane Replacement

Unit Price

Total Estimated

Price C-1 Mobilization and Traffic Control LUMP 1 $ $ C-2 Site Preparation and SWPPP LUMP 1 $ $ C-3 Street Sweeping & Cleaning LUMP 1 $ $ C-4 Concrete Demolition SF 1,977 $ $ C-5 Concrete and Base SF 1,977 $ $ C-6 Restoration of Landscaping LUMP 1 $ $

SCHEDULE C TOTAL = $

SCHEDULE A+B+C TOTAL = $

Base Bid 2: The following schedules constitute Base Bid 2.

Schedule D: Big Bend Lane Replacement

Unit Price

Total Estimated

Price D-1 Mobilization and Traffic Control LUMP 1 $ $ D-2 Site Preparation and SWPPP LUMP 1 $ $ D-3 Street Sweeping & Cleaning LUMP 1 $ $ D-4 Concrete Demolition SF 2,965 $ $ D-5 Concrete and Base SF 2,965 $ $

D-6 Restoration of Landscaping LUMP 1 $ $

SCHEDULE D TOTAL = $

Schedule E: Cart Lane Replacement

Unit Price

Total Estimated

Price E-1 Mobilization and Traffic Control LUMP 1 $ $ E-2 Site Preparation and SWPPP LUMP 1 $ $ E-3 Street Sweeping & Cleaning LUMP 1 $ $ E-4 Concrete Demolition SF 330 $ $ E-5 Concrete and Base SF 330 $ $ E-6 Restoration of Landscaping LUMP 1 $ $

SCHEDULE E TOTAL = $

SCHEDULE D+E TOTAL = $

2.1.0 GENERAL

A. Units of measurement are listed above in the price schedule(s).

B. Measurement and payment procedures follow APWA Section 01290.

C. OWNER or ENGINEER will take all measurements and compute all quantities.

D. CONTRACTOR shall verify measurement and quantities.

E. CONTRACTOR shall provide all equipment, workers, and survey crews to assist ENGINEER in making measurements.

G. All incidental items necessary to perform the work according to APWA Standard Specifications, Construction Drawings, Standard Details, Project Details, Special Provisions, Project Specific Notes, and General Notes shall be included in the CONTRACTOR’S bid with the closest related item.

2.2.0 BASE BID 1 & 2 ITEMS –

2.2.1 MOBILIZATION AND TRAFFIC CONTROL, Bid Item No. A-1, B-1, C-1, D-1, E-1

A. Measurement shall be Lump Sum.

B. Payment shall be full compensation to CONTRACTOR for all preparatory operations for the project, including, but not limited to: those items necessary for the project site;

acquisition and payment of all permits; furnishing construction power; furnishing, erection, and maintenance of construction signs; mobilization and demobilization; installation of temporary facilities including the access roadway; and all costs associated with the project that are not included in other bid items. Payment will be made on a percentage basis as follows:

Percent of Original Contract

Amount Earned Percent of Amount Bid for Mobilization to be Paid 5 40

35 20 50 30 70 10

C. Payment also includes the costs of scheduling processes required per project specifications and Contractor Quality Control procedures in accordance with Section 01 45 00 requirements.

D. Payment covers all cost of preparing the site for construction in accordance with project specifications and drawings, including but not limited to: traffic control signing, VMS boards, flagging, maintaining access to businesses, addressing any necessary erosion control measures, furnishing and installing construction fencing, maintaining existing fencing, and any miscellaneous tasks necessary to prepare the site for construction including all materials, equipment, and labor required to perform the work.

2.2.2 SITE PREPARATION AND LAND DISTURBANCE SWPPP, Bid Item No. A-2, B-2, C-2, D-2, E-2

A. Measurement shall be Lump Sum.

B. Payment shall be full compensation for the CONTRACTOR to remove, transport, disposal, applicable dumping fees, cleanup of waste materials, and related costs for all unwanted material from the surface and subsurface within the project limits such as trees, vegetation, boulders, stumps, roots, buried logs, and other debris.

C. Payment also includes the cost of complying with State of Utah UPDES Permit, including submitting a Notice of Intent to the Utah State Division of Water Quality, paying the Permit fees, preparing and submitting a Storm Water Pollution Prevention Plan for City and State approval regarding erosion control measures.

D. All City Fees will be waived with the project.

E. Payment includes all related costs, materials, equipment, and labor required to perform the work.

2.2.3 STREET SWEEPING & CLEANING, Bid Item No. A-3, B-3, C-3, D-3, E-3 A. Measurement shall be Lump Sum.

B. Payment shall be full compensation for the CONTRACTOR to perform street sweeping and cleaning within the project limits, to prepare the road for demolition and removal of existing concrete and installation of new concrete.

C. Payment includes all related costs, materials, equipment, and labor required to perform the work.

2.2.4 CONCRETE DEMOLITION, Bid Item No. A-4, B-4, C-4, D-4, E-4 A. Measurement shall be by Square Foot.

B. Payment includes all costs incidental to remove existing concrete, identified in the plans including, but not limited to saw-cut concrete, removal of concrete waste, transport, disposal, applicable dumping fees and cleanup.

C. Payment includes all related costs, materials, equipment, and labor required to perform the work.

2.2.5 CONCRETE AND BASE, Bid Item No. A-5, B-5, C-5, D-5, E-5 A. Measurement shall be by Square Foot.

B. Payment shall be full compensation for the CONTRACTOR to complete construction of lanes with High-Early Strength High Performance Concrete, in accordance with the proposal request and project plans, including excavation/fill, placement and compaction of untreated base course, concrete materials, testing, formwork, joint placement, placement and finishing, backfill and finish grading, any incidental work necessary to complete the task, and cleanup of waste materials.

C. Payment includes all related costs, materials, equipment, and labor required to perform the work.

2.2.6 RESTORATION OF LANDSCAPING, Bid Item No. A-6, B-6, C-6, D-6, E-6 A. Measurement shall be Lump Sum.

B. Payment shall be full compensation for the CONTRACTOR to restore all disturbed landscaping caused by the lane replacement process within the project limits, to its existing condition prior to construction.

C. Payment includes all related costs, materials, equipment, and labor required to perform the work.

Agreement 00500 - 1

DOCUMENT 00500

AGREEMENT

PART 1 GENERAL

1.1 CONTRACTOR

A. Name:

B. Address:

C. City, State, Zip:

D. Telephone:

E. Email:

F. Facsimile:

1.2 OWNER

A. OWNER: City of South Jordan Corporation, a municipal corporation of the

State of Utah, 1600 West Towne Center Drive, South Jordan City, Utah 84095.

1.3 CONSTRUCTION PROJECT

A. Project Name: City of South Jordan

DAYBREAK LANE REPLACEMENT

1.4 PROJECT MANAGER

A. Meeya N. Apelu, Associate Engineer, is the OWNER'S representative and agent for this Construction Contract who has the rights, authority and duties assigned to the PROJECT MANAGER in the Contract Documents.

1.5 CONTRACT DOCUMENTS

A. The Contractor agrees to perform the work pursuant to the contract documents

(RFB SoJo2023xxxx) which include; which include; the Bid Documents, Agreement, Agreement Supplement, General Conditions, Supplementary Conditions, Specifications, Standard Specifications, Drawings, Standard Plans together with all Modifications issued pursuant to Article 3.3 of the General

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Conditions of the Manual of Standard Specifications, 2017 Edition, published by Utah T2 Center, copyright Utah Chapter APWA.

B. All provisions of the Manual of Standard Specifications, 2017 Edition and

Manual of Standard Plan, 2017 Edition both published by the Utah Chapter of American Public Works Association are hereby made a part of the Contract Documents by reference. The publications may be purchased separately from the Utah Technology Transfer Center, Utah State University 8205 Old Main Hill, Logan UT 84322-8205.

C. Any conflicts, between the special provisions (technical specifications), drawings and other provisions or documents contained in these Contract Documents versus provisions contained in the Manual of Standard Specifications, 2017 Edition and Manual of Standard Plan, 2017 Edition published by the Utah Chapter of the American Public Works Association, shall be resolved in favor of the special provisions (technical specifications), drawing, and other provisions contained in these Contract Documents.

D. All references to “General Conditions” or “Standard General Conditions” are to

Section 00 72 00 of the Manual of Standard Specifications, 2017 Edition published by the Utah Chapter of the American Public Works Association.

E. As outlined in the Insurance Requirements in the Bid/Proposal the City will be included as an additional insured on the contractors provided insurance policy.

PART 2 TIME AND MONEY CONSIDERATIONS

2.1 CONTRACT PRICE

A. The Contract Price includes the cost of the Work specified in the Contract

Documents, plus the cost of all bonds, insurance, permits, fees and all charges, expenses or assessments of whatever kind or character.

B. The Schedules of Prices awarded from the Bid Schedule are as follows:

1. Base Bid 1

2. Base Bid 2

C. An Agreement Supplement (Document 00505) is not attached to this Agreement.

D. Based upon the above awarded schedules and the Agreement Supplement (if any), the Contract Price is: dollars and cents.

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2.2 CONTRACT TIME

A. Base Bid 1 Work should be complete by June 18th, 2026, including all invoicing.

Base Bid 2 Work shall start after July 1st, 2026 and must be complete by August 12th, 2026, including all invoicing.

B. The OWNER anticipates that a Notice to Proceed will be given on the following date, but reserves the right to change such date:

Anticipated date of Notice to Proceed Base Bid 1: May 7th, 2026 Anticipated date of Notice to Proceed Base Bid 2: July 1st, 2026

2.3 PUNCH LIST TIME

A. The Work will be complete and ready for final payment within thirty (30) days after the date CONTRACTOR receives PROJECT MANAGER'S Final Inspection Punch List unless exemptions of specific items are granted by PROJECT MANAGER in writing or an exception has been specified in the Contract Documents.

B. Permitting the CONTRACTOR to continue and finish the Work or any part of the

Work after the time fixed for its completion, or after the date to which the time for completion may have been extended, whether or not a new completion date is established, shall in no way operate as a waiver on the part of the OWNER of any of OWNER'S rights under this Agreement.

2.4 LIQUIDATED DAMAGES

A. Late Completion: Time is the essence of the Contract Documents.

CONTRACTOR agrees that OWNER will suffer damage or financial loss if the Work is not completed on time or within any time extensions allowed in accordance with Part 12 of the General Conditions (Document 00 72 00).

CONTRACTOR and OWNER agree that proof of the exact amount of any such damage or loss is difficult to determine. Accordingly, instead of requiring any such proof of damage or specific final loss for late completion, CONTRACTOR agrees to pay the following sums to the OWNER as liquidated damages and not as a penalty.

1. Late Contract Time Completion: Five Hundred Dollars ($500.00) for each day or part thereof that expires after the Contract Time until the Work is accepted as Substantially Complete as provided in Article 14.5 of the General Conditions.

2. Late Punch List Time Completion: 50% of the amount specified for Late

Contract Time Completion for each day or part thereof if the Work remains incomplete after the Punch List Time.

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B. Work Sequence Completion: Time is the essence of sequenced work. If a work sequence is specified, then for each day or part thereof that exceeds the specified time and until PROJECT MANAGER determines such work sequence is Substantially Complete, the CONTRACTOR agrees to pay the following sums to the OWNER as liquidated damages and not as a penalty.

C. Survey Monuments: No land survey monument shall be disturbed or removed until PROJECT MANAGER has been properly notified and the PROJECT MANAGER'S surveyor has referenced the survey monument for resetting. The parties agree that upon such an unauthorized disturbance, it is difficult to determine the damages from such a disturbance. The parties also agree that CONTRACTOR will pay as liquidated damages the sum of one thousand dollars ($1,000.00) to cover such damage and expense.

D. Interruption of Public Services: No interruption of public services shall be caused by CONTRACTOR, its agents or employees, without the PROJECT MANAGER'S prior written approval. OWNER and CONTRACTOR agree that in the event damages stipulated above shall not be deemed to be a limitation upon OWNER'S right to recover the full amount of such damages. Because of the difficulty in determining the OWNER'S damages resulting from an unapproved interruption, the parties agree payment of the following liquidated damages to OWNER on a per day basis does not relieve CONTRACTOR from any liability for such a utility interruption to third parties.

Utility Maximum Interruption of

Service Liquidated Damages for each Day or Part

Thereof.

Water 12 Hours $1000 / day Power 24 Hours $1000 / day

Sanitary Sewer 24 Hours $1000 / day

In the event that any third party successfully makes a claim against OWNER for such interruption, CONTRACTOR shall be responsible for payment of claims.

E. Deduct Damages from Moneys Owed CONTRACTOR: OWNER shall be entitled to deduct and retain liquidated damages out of any money that may be due or become due the CONTRACTOR. The extent that the liquidated damages exceed any amounts that would otherwise be due the CONTRACTOR, the CONTRACTOR shall be liable for such amounts and shall return such excess to the OWNER.

2.5 RETAINAGE

A. Retainage is OWNER'S Option: OWNER may, in its sole discretion, retain five percent (5%) of the value of all Work done and materials or equipment supplied as part security for the fulfillment of the Construction Contract by the CONTRACTOR. If, in PROJECT MANAGER'S opinion, the Work is proceeding in accordance with CONTRACTOR'S approved progress schedule, and all progress schedule submittals are current and up to date, and all required payrolls, shop drawings, and miscellaneous submittals are current and up to date, the OWNER may choose not to withhold retainage.

1. Amount to be Retained: If at any time after 50% of the Work has been completed, and $50,000 or more has been retained, OWNER may make any of the remaining progress payments in full, if, in the OWNER'S sole discretion, the Work is progressing satisfactorily. OWNER may pay monthly to the CONTRACTOR while carrying on the Work, the balance not retained as aforesaid, after deducting there from all previous payments and all sums to be kept or retained under the provisions of the Construction Contract. No such estimate of payment shall be required to be made when, in judgment of the PROJECT MANAGER, the Work is not proceeding in accordance with the Contract Documents or when in PROJECT MANAGER'S judgment the total value of the Work done since the last estimate amounts to less than three hundred dollars ($300.00). No such estimate or payment shall be construed to be an acceptance of any defective or improper Work or materials.

2. Reducing the Retainage: As the Work nears completion and solely at the

PROJECT MANAGER'S discretion, the OWNER may reduce the retainage to an amount more in line with the Work actually remaining.

3. Retainage Held Until Final Payment: The OWNER reserves the right to retain all amounts previously withheld or due the CONTRACTOR, including liquidated damages, until all Punch List items are complete.

However, at PROJECT MANAGER'S sole option, PROJECT MANAGER may authorize the release of up to all retained amounts except any liquidated damages and double PROJECT MANAGER'S best estimate of the CONTRACTOR'S cost to complete all remaining Punch List items.

B. Interest: Except when CONTRACTOR is required to submit a Waiver of

Interest Affidavit and except for money retained for items not provided or installed in accordance with the Contract Documents, any money retained by the OWNER will be placed in an interest bearing account accruing at a rate of .5% below the state pool rate held by the OWNER as of the date such money would have otherwise been payable. The interest accrued thereon will be due and payable to the CONTRACTOR within 30 days after the retained monies are paid.

2.6 PAYMENT PROCEDURES

A. Progress Payments: CONTRACTOR shall submit Applications for Payment in accordance with Part 14 of the General Conditions (Document 00 72 00).

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Payment shall not become due or payable for any contract item not provided or installed by CONTRACTOR.

1. Withholding Payment: OWNER reserves the right to withhold payment from CONTRACTOR for non-compliance with any provision of the Contract Documents.

2. Price Adjustments: OWNER will consider making partial payment to the CONTRACTOR for certain non-conforming work in advance of any negotiated settlement reached between the CONTRACTOR and the OWNER, provided the CONTRACTOR requests in writing that this be done. CONTRACTOR agrees that any such payments made by the OWNER are "payments in advance" and that any money that becomes due when the final settlement is negotiated will not constitute payments "withheld" or "retained" under State Law.

B. Final Payment: After completion of all Work and Punch List items, OWNER shall pay the Contract Price due after deducting there from all previous payments, unit price quantity adjustments, penalties, liquidated damages, and other amounts to be retained. All prior progress payments shall be subject to correction in the final payment. The final payment shall not be due and payable until the expiration of 30 days from approval of the request for final payment of CONTRACTOR by the OWNER'S finance department.

1. Submittal: Final payment shall not be made until the CONTRACTOR has delivered and PROJECT MANAGER has accepted all submittals specified in Article 14.8 of the General Conditions (Document 00 72 00).

2. OWNER Released From Claims: The payment and acceptance of the final Contract Price due and the adjustment and payment for any Work done in accordance with any alterations of the same, shall release the OWNER from any and all claims of CONTRACTOR on account of Work performed under the Contract Documents or any modification thereof, except for those claims specifically agreed to as reserved and unresolved by the OWNER.

2.7 EXTRA WORK

A. No money will be paid to the CONTRACTOR for any additions, deletions or revisions in the Work as stipulated in Article 10.1 of the General Conditions (Document 00 72 00), unless a Contract Modification for such has been made in writing and executed by the OWNER and CONTRACTOR.

2.8 WARRANTY AND GUARANTEE

A. CONTRACTOR hereby warrants that all work installed, and every part thereof shall remain in good condition and free from all defects due to faulty materials or

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00500 - 7 workmanship during the warranty period. CONTRACTOR shall promptly make all repairs, corrections, and/or replacements for all defects in workmanship, materials, and equipment during the warranty period, without charge or cost to the OWNER. OWNER reserves the right to inspect, photograph, or televise the work and notify CONTRACTOR of the conditions of the work. CONTRACTOR shall thereupon immediately make any repairs or corrections required by this section and Article 6.16 of the General Conditions of the Manual of Standard Specifications, 2017 Edition, published by Utah T2 Center, copyright Utah Chapter APWA. “Warranty Period” means a period of one (1) year beginning on the date on which the OWNER certifies the work complete.

PART 3 COVENANTS

3.1 ASSIGNMENT NOT BINDING WITHOUT WRITTEN CONSENT

A. OWNER and CONTRACTOR agree no assignment of any right or interest in the

Contract Documents will be made without the written consent of the OWNER and the CONTRACTOR. No assignment will release or discharge the OWNER or the CONTRACTOR from any duty or responsibility under the Contract Documents unless specifically stated to the contrary in any written consent to an assignment.

B. CONTRACTOR shall make no assignment of money that is due without the

OWNER'S written consent (except to the extent that the effect of this restriction may be limited by Law or Regulation).

3.2 BINDING TERMS

A. OWNER and CONTRACTOR each binds itself, its partners, successors, assign and legal representatives to the other party hereto, its partners, successors, assign and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

3.3 INDEMNIFICATION

A. Provisions concerning indemnification are set forth in Article 6.17 of the General

Conditions (Document 00 72 00).

3.4 DISPUTE RESOLUTION

A. In General:

1. Unless a decision shall be held by an appropriate court of law to have been procured by fraud or to be arbitrary and capricious or so grossly erroneous

00500 - 8 as necessarily to imply bad faith, any factual decision made under this Article shall be final and binding in any suit or action arising under this Construction Contract, including any actions by CONTRACTOR or others against OWNER or any of OWNER'S agents, consultants, or employees.

2. Compliance with provisions of this Article shall be a condition precedent prior to any legal action by the CONTRACTOR or any of CONTRACTOR'S Subcontractors and Suppliers against OWNER or any of OWNER'S agents, consultants, or employees.

3. The provisions of this Article shall not preclude or limit judicial review of issues of law.

4. Ambiguities in or between Contract Documents shall be construed in favor of the OWNER.

B. Disputes Not Related to the Guarantee of the Work: Any dispute arising under the Construction Contract concerning a question of fact, not related to the guarantee of the Work (Article 13.1 of the General Conditions (Document 00 72 00)), which is not disposed of by contract modification shall be decided pursuant to the following procedure:

1. Any decision by PROJECT MANAGER interpreting the requirements of the Contract Documents may be appealed in writing to the PROJECT MANAGER. The PROJECT MANAGER'S decision shall be reduced to writing and a copy shall be mailed or otherwise furnished to the CONTRACTOR. The decision of PROJECT MANAGER shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the CONTRACTOR mails or otherwise furnishes to PROJECT MANAGER a written appeal to the City PROJECT MANAGER.

2. Within 15 days from the receipt of any such appeal, the City PROJECT

MANAGER shall issue a decision in writing and mail or otherwise furnish a copy thereof to the CONTRACTOR. The decision of the City PROJECT MANAGER shall be final and conclusive unless, within 15 days from the date of receipt of such decision, the CONTRACTOR mails or otherwise furnished to the City PROJECT MANAGER a written appeal to the Standing Appeals and Dispute Committee.

3. The Standing Appeals and dispute Committee shall consist of the City

Attorney, Public Works Director and City Manager, or their designees.

4. The City PROJECT MANAGER issuing the decision appealed from shall present the department's case prior to deliberations of the Committee, otherwise the City PROJECT MANAGER shall be disqualified and excluded from the Committee's decision process.

00500 - 9

5. The decision of said Committee shall be rendered in writing within 15 days from receipt of the appeal and mailed or otherwise delivered to the

CONTRACTOR.

6. The decision of said Committee shall be the final binding interpretation of the facts that are the subject of the appeal.

C. Disputes Related to the Guarantee: Except as otherwise provided by contract modification, any dispute concerning a question of fact involving or arising out of the guarantee required by the Contract Documents (Article 13.1 of the General Conditions (Document 00 72 00)), which is not disposed of by contract modification shall be decided pursuant to the provisions of Paragraph 3.4B above, except that the initial factual decision shall be issued in writing by the PROJECT MANAGER, together with the City PROJECT MANAGER. Any appeal there from shall be made within 15 days directly to the Standing Appeals and Dispute Committee where such disputes shall be governed by Paragraphs 3.4B.3 to 3.4B.6 above.

D. Work During Appeal: Notwithstanding the pendency of any protest or appeal provided above, CONTRACTOR shall, if so ordered by PROJECT MANAGER, proceed with the Work under the Contract Documents according to PROJECT MANAGER'S direction and according to the decision on any appeal. The existence of a claim or protest shall not excuse CONTRACTOR from the requirements of the Contract Documents, including, but not limited to, the Contract Time.

E. Appeals of Termination or Suspension: Any decision of OWNER to terminate or suspend the Work shall not be subject to the provisions of this Article.

3.5 ATTORNEYS FEES

A. In the event there is a failure to perform under this Agreement and it becomes reasonably necessary for any party to employ the services of an attorney in connection therewith (whether such attorney be in house or outside counsel), either with or without litigation, on appeal or otherwise, the losing party to the controversy shall pay to the successful party reasonable attorneys fees incurred by such party, and, in addition, such costs and expenses as are incurred in enforcing this Agreement.

3.6 CHOICE OF LAW

A. This Agreement shall be interpreted pursuant to, and the terms thereof governed by, the laws of the State of Utah. This Agreement shall be further governed by CITY ordinances in effect at the time of the execution of this Agreement.

However, the parties expressly acknowledge that any subdivision or other development regulations enacted after the execution of this Agreement, which are reasonably necessary to protect the health, safety, and welfare of the citizens of

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CITY, shall also apply to the subdivision or development that is the subject of this Agreement.

3.7 SEVERABILITY

A. If a court of competent jurisdiction declares any portion of this Agreement invalid, the remaining portions shall not be affected thereby, but shall remain in full force and effect.

3.8 INTEGRATION

A. This Agreement, including all Contract Documents as defined herein, embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter herein.

3.9.1 NO BOYCOTT

A. The Contractor certifies that if it has more than 10 full time employees and if the total value of their contract with the City is over $100,000, they are not engaged in a boycott as prohibited in UCA Section 63G-27-201. Further the Contractor certifies that they will notify the City in writing if they begin engaging in an economic boycott as defined in UCA Section 63G-27-102.

PART 4 EXECUTION

4.1 EFFECTIVE DATE

A. OWNER and CONTRACTOR executed this Agreement and declared it in effect as of the day of , 20 .

00500 - 11

4.2 CONTRACTOR'S SUBSCRIPTION AND ACKNOWLEDGEMENT

A. Type of organization:

(corporation, partnership, individual, etc.)

B. If CONTRACTOR is a corporation, attach a corporate resolution evidencing

CONTRACTOR'S authority to sign.

C. CONTRACTOR'S Utah license number:

D. CONTRACTOR'S signature:

E. Please print name here:

F. Title:

G. Corporate Acknowledgement:

In the County of , State of , on the day of , 20 personally appeared before me (name of document signer), whose identity is personally known to me (or proved to me on the basis of satisfactory evidence) and who by me duly sworn/affirmed that he/she is the

(title of office) of

(name of corporation), a corporation, and that said document was signed by him/her in behalf of said corporation by authority of its bylaws or of a Resolution of its Board of Directors, and he/she acknowledged to me that said corporation executed the same.

Notary Public H. Agent for Service of Process:

1. Agent's signature:

2. Agent's title:

I. Corporate Authority: At the request of the OWNER, evidence satisfactory to the OWNER shall be submitted which shows the person executing this Agreement has the required authority to execute this Agreement.

00500 - 12

4.3 OWNER'S SUBSCRIPTION AND ATTESTATION

OWNER'S signature:

(Signature of City Manager or designee)

State of )

County of ) ss.

On this day of , 20 , personally appeared before me

(name of document signer), whose identity is personally known to me (or proven on the basis of satisfactory evidence) and who by me duly sworn/affirmed, did say that he/she is the (title of office) of (name of corporation) and that said document was signed by him/her in behalf of said Corporation by Authority of its

Bylaws, or (Resolution of its Board of Directors), and said

(name of document signer) acknowledged to me that said Corporation executed the same.

Notary Public

END OF DOCUMENT

Performance Bond 00610 - 1

DOCUMENT 00610

PERFORMANCE BOND

1.1 BOND

A. Number:

B. Amount:

dollars ($ ).

1.2 SURETY

C. Telephone number:

D. Facsimile number:

1.3 CONTRACTOR

1.4 OWNER

A. City of South Jordan Corporation

00610 - 2

1.5 CONSTRUCTION CONTRACT

A. The Construction Contract is known as City of South Jordan

1.6 DEFINED TERMS

A. Terms used in this Performance Bond which are defined in Article 1.1 of the General

Conditions will have the meanings indicated in the General Conditions.

PART 2 COVENANTS

2.1 SURETY'S AND CONTRACTOR'S RELATIONSHIP

A. Surety as surety, and CONTRACTOR as principal, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER as obligee, for the performance of the Construction Contract, whether awarded or about to be awarded.

B. If CONTRACTOR performs the Construction Contract, the Surety and the CONTRAC-

TOR shall have no obligation under this Bond, except to participate in conferences indicated in Article 2.3.

2.2 NOTICE

A. Notice to the Surety, the OWNER or the CONTRACTOR shall be sent by certified mail, facsimile, or hand delivered to the address shown on this Bond agreement.

B. Notices sent as required by paragraph 2.2A shall be effective on the date on which such notice was sent.

C. Notice may be sent by facsimile. Facsimile notice shall be effective on the date of transmission provided that a confirmation establishing the successful transmission of the notice is sent by first-class mail, postage prepaid, along with a copy of the notice transmitted, no later than twenty-four (24) hours after the facsimile notice is transmitted.

D. If any notice requires a period of less than seven (7) days for response, the notice shall be sent by facsimile.

E. If the time for response to any notice expires on a Saturday, Sunday or a legal holiday in the State of Utah, the time shall be extended to the next working day.

00610 - 3

2.3 PROCEDURE TO INVOKE SURETY'S OBLIGATION

A. If the CONTRACTOR fails to perform or to comply with the terms of the Construction Contract, and such failure to perform or to comply has not been waived by the OWNER, the OWNER may notify the CONTRACTOR and the Surety, at their addresses described above, that the OWNER is considering declaring the CONTRACTOR in default.

B. Before declaring the default, the OWNER shall request and attempt to arrange a conference with the CONTRACTOR and the Surety to be held at a time and place required by the OWNER to discuss methods of performing the Work.

C. If the CONTRACTOR does not attend the conference or agree to cure any deficiencies in the CONTRACTOR's performance of the Work to the satisfaction of the OWNER, the OWNER may declare the CONTRACTOR in default and formally terminate the CONTRACTOR's right to complete the Work. Such default shall not be declared earlier than 10 days after the CONTRACTOR and the Surety have received notice as provided in article 2.2.

D. If the Contract with the CONTRACTOR is terminated, the OWNER agrees to pay the unpaid Balance of the Contract Price to the Surety for completion of the Work in accordance with the terms of the Construction Contract or to a contractor selected by the Surety to perform the Work in accordance with the terms of the Construction Contract.

2.4 SURETY'S OPTIONS AT CONTRACTOR TERMINATION

A. Surety Completes the Work: The Surety may undertake to perform and complete the

Work itself, through its agents or through independent contractors.

B. Surety Obtains Bids or Proposals: The Surety may obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Work.

1. Such bids or proposals shall be prepared by the Surety for execution by the OWNER and the completion contractor selected.

2. Surety shall secure the contract with Performance and Payment Bonds executed by a qualified surety equivalent to this Performance Bond and the payment Bond (Document 00620); and

3. Surety shall pay to the OWNER the amount of damages as described in paragraph 2.6 in excess of the balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR's default.

C. Surety to Pay OWNER: Surety may determine the amount not to exceed the amount of this bond specified in paragraph 1.1B, for which Surety believes it may be liable to pay, 00610 - 4 and tender payment thereof to the OWNER. OWNER has sole discretion to accept payment. If the OWNER refuses the payment tendered, or the Surety has denied liability in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER.

2.5 PROCEDURE FOR OWNER TO DECLARE SURETY IN DEFAULT

A. The OWNER may declare the Surety to be in default upon the following procedures.

1. The OWNER shall issue an additional written notice to the Surety, after declaring the

CONTRACTOR in default as provided in Article 2.3, demanding that the Surety perform its obligations under this Bond.

2. Surety shall respond to the OWNER within 15 days after receipt of the OWNER's additional notice, either denying the claim or accepting liability and exercising its' options under Article 2.4.

2.6 SURETY'S OBLIGATIONS

A. After the OWNER has terminated the CONTRACTOR's right to complete the

Construction Contract, and if the Surety elects to complete the Construction Contract as provided in Article 2.4, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Construction Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Construction Contract.

B. To the limit of the amount of this Bond, but subject to commitment by the OWNER to pay all valid and proper payments made to or on behalf of the CONTRACTOR under the Construction Contract, the Surety is obligated, without duplication, for:

1. the responsibilities of the CONTRACTOR for correction of Defective Work and completion of the Construction Contract;

2. design professional and delay costs resulting from the CONTRACTOR's default, and resulting from the actions or failure to act of the Surety under article 2.4; and

3. liquidated damages which are or may become due for any reason.

2.7 UNRELATED OBLIGATIONS OF THE CONTRACTOR

A. The Surety and the OWNER shall not be liable to others for obligations of the

CONTRA…