1-Slaughterhouse Asbestos Removal Bid Docs.pdf

Section 00 22 00 – Advertisement for Bids

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ADVERTISEMENT FOR BIDS

Owner: Payson City

Address: 439 West Utah Avenue

Payson, UT 84651

Payson City is seeking qualified contractors to complete the Slaughterhouse Asbestos Removal project. Bids are to be submitted electronically on the Utah Public Procurement Place (U3P) website, utah.bonfirehub.com, no later than 2:00 pm (MST), Thursday, May 07, 2026.

To submit bid, include all bidding documents listed, electronically on Bonfire, the U3P website. Bids will not be accepted in person. Bids received after the deadline will not be accepted. There will not be a Pre-

Bid Meeting.

Location of the work is 515 E Canyon Rd, Payson, UT 84651. The principal items of work in the

Slaughterhouse Asbestos Removal project are as follows:

Furnish all labor, equipment and materials required to properly remove and dispose of all asbestos within the old slaughterhouse building. All work to be done according to EPA, OSHA, and State of Utah DEQ regulations and requirements.

THE SCHEDULE FOR THIS WORK TO BE COMPLETED IS 30 CALENDAR DAYS FROM THE DATE

OF THE NOTICE TO PROCEED.

All questions MUST be asked on Bonfire. The Contractor is responsible for getting all the updates from

Bonfire before bidding the project.

Payson City Corporation reserves the right to accept or reject any or all proposals, or any part of any proposal, including the right to waive informalities in any part of any proposal within the best interest for

Payson City.

Date: April 20, 2026

Section 00 22 16 – Information Required of Bidder

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INFORMATION REQUIRED OF BIDDER

Provide the following information. Failure to comply with this requirement will render the BID non-responsive and cause its rejection. Additional sheets shall be attached as required.

(1) Contractor’s Name and Address:

(2) Contractor’s Telephone Number: ____________________________________

Email Address: ____________________________________

(3) Contractor’s license:

Primary Classification: _________________________________________________

State License No.: _________________________________________________

Supplemental Classifications (if any): ____________________________________

(4) Years as a Contractor in Work of this Type: ______________________________

(5) Names and Titles of all Officers of Contractor’s Firm:

(6) Name of Person who inspected Site of Proposed Work for your Firm:

Name: ___________________________ Date: _________________________

NOTE: The following information shall be PROVIDED AS SEPARATE ATTACHMENTS AND SHALL

BE SUBMITTED WITH BID.

Section 00 22 16 – Information Required of Bidder

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(7) A copy of the Measurement and Payment signed by the company’s authorized representative stating they read and understand the bid items with inclusive work.

(8) Name and telephone number of Surety Company and agent who will provide the required bonds on the contract:

Name: ___________________________ Telephone: _____________________________

(9) Individual experience resume of person who will be designated Chief Construction

Superintendent.

(10) List of subcontractors and major suppliers anticipated to be utilized during the contract.

(11) The bidder must demonstrate the ability to perform at least fifty (50) percent of the work without subcontracting. Information on the bidder’s ability to staff the project, both in the field and in the office, and the bidder’s ability to directly supply major construction equipment to the project shalt be submitted for review with the bidder’s proposal.

(12) List of completed projects similar in nature to this project, including a reference list of at least two construction contracts completed by the Contractor during the last four (4) years involving work of similar type and complexity, and the most recently completed project. The list shall include the following information for each project as a minimum:

a. Name of Project

b. Name, address and telephone number of Owner

c. Name, address and telephone number of Project Engineer

d. Contract Amount

e. Date of Completion of Contract

f. Brief description of the work involved, size, length, etc.

g. Number of Change Orders

h. Amount of Changes

(13) Upon request, a notarized and verified financial statement, references, and other information, sufficiently comprehensive to permit an appraisal of contractor’s current financial condition.

(14) Provide a detailed Project Schedule.

(15) Provide a detailed Traffic Control Plan according to the latest MUTCD requirements.

END OF SECTION

Section 00 41 00 – Scope of Work

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SCOPE OF WORK

PART 1 GENERAL

1.1 SECTION INCLUDES

Identification and summary description of the Work, location, products furnished by Owner, activities by others, coordination, and early occupancy by Owner.

1.2 RELATED SECTIONS

A. Section 00 72 00 – General Conditions

1.3 CONTRACT INTENT

A. The contract states the roles and obligations of the City and Contractor regarding the construction, execution, and completion of the project.

1.4 PROJECT SCOPE AND OBJECTIVES

A. The Project Scope and Requirements are:

1. Furnish all labor, equipment and materials required to properly remove and dispose of all asbestos within the old slaughterhouse building. All work to be done according to EPA, OSHA, and State of Utah DEQ regulations and requirements.

2. Provide all resources and incidentals to complete the project on time (City Schedule).

Project deadline is 30 calendar days from the date of the Notice to Proceed.

3. To abide by all requirements of this contract.

B. Except as specifically noted otherwise, provide and pay for:

1. Insurance and bonds.

2. Labor, materials, and equipment

3. Tools, equipment, and machinery required for construction.

4. Utilities required for construction.

5. Temporary facilities including sheeting and shoring.

6. Traffic Control and Dust Control measures.

7. Other facilities and services necessary for proper execution and completion of the Work.

C. Secure and Pay for all permits including County and OSHA excavation permits, government fees and licenses. Payson City will waive the fee on all City Permits required.

1.5 PROJECT LOCATION

A. The project is located at 515 E Canyon Rd in the city of Payson, Utah.

Section 00 41 00 – Scope of Work

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1.6 LIMITATION OF OPERATIONS

A. Minimize interference with the adjacent properties during performance of the work.

B. Do not perform any work without written approval except for repairing or servicing equipment, protecting work, maintaining or curing concrete, and maintaining traffic on Sundays or holidays.

C. Perform work between the hours of 7 am and 6 pm, unless otherwise approved by the Public

Works Director in writing.

1.7 CONTRACTOR’S RESPONSIBILITY FOR WORK

A. Maintain and protect the work included in the contract against injury or damage from all causes whether or not related to performing the work until project final acceptance.

Section 00 43 00 – Bid, Bid Schedule, Measurement and Payment

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BID, BID SCHEDULE, MEASUREMENT AND PAYMENT

Date ________________________

Proposal of _________________________________________ (hereinafter called “BIDDER”, organized and existing under the laws of the State of Utah, doing business as

____________________________________ to Payson City (hereinafter called “CITY”)

(a corporation / a partnership / an individual)

In compliance with the Advertisement for Bids, BIDDER hereby proposes to perform all work for the

Slaughterhouse Asbestos Removal project in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and the prices stated below.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

BIDDER acknowledges receipt of the following ADDENDUM(S):

BIDDER acknowledges having reviewed project’s specifications ___________________

(Initial)

The BIDDER agrees to perform all the work described in the specifications and shown on the plans for the following UNIT PRICE BID (Figures are to be typewritten or clearly and legibly printed in ink.)

The BIDDER agrees that this BID shall be good and may not be withdrawn for 60 calendar days as stated in the specifications after the scheduled closing time for receiving bids.

The BID unit prices shall include all labor, materials, mobilization, rentals, bailing, shoring, removal, overhead, profit, insurance, sales tax, other applicable taxes and fees, etc., to cover the finished work of the several kinds called for.

Upon receipt of written notice of award of this BID, BIDDER will execute the formal contract and deliver a

Surety Bond or Bonds as required by Section 00 22 13 Contract Award and Execution, within 10 calendar days.

Section 00 43 00 – Bid, Bid Schedule, Measurement and Payment

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BID SCHEDULE

For a responsive BID, write in UNIT PRICE for each item. The SUM of the Unit Cost will be used for the selection of the LOW BIDDER.

Bid Item

Description Quantity Unit Unit Cost Total Cost

1 Remove and Dispose Asbestos 1 LS

TOTAL BID $

TOTAL BID (Words) $_________________________________________________________________

MEASUREMENT AND PAYMENT

Bid Item Description Unit Specifications

Remove and Dispose Asbestos LS

• The LUMP SUM (LS) cost of this item includes all work and materials required to properly remove and dispose of all asbestos found in the old slaughterhouse building in accordance with EPA, OSHA, and State of Utah DEQ regulations and requirements.

• Fee is payable upon completion of work.

See EPA, OSHA, and Utah DEQ

I ______________________________ of _________________________________ hereby certify I have read and understand all Measurement and Payment Items, their description and inclusions.

Signature

Print Name and Title of Signer and his/her Authorization

Section 00 72 00 – General Conditions

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GENERAL CONDITIONS

1. Definitions

2. Additional Instructions and Detail Drawings

3. Schedules, Reports and Records

4. Drawings and Specifications

5. Shop Drawings

6. Materials, Services and Facilities

7. Inspection and Testing

8. Substitutions

9. Patents

10. Surveys, Permits, Regulations

11. Protection of Work, Property and Persons

12. Supervision by Contractor

13. Changes in the Work

14. Changes in Contract Price

15. Time for Completion and Liquidated Damages

16. Correction of Work

17. Subsurface Conditions

18. Suspension of Work, Termination and Delay

19. Payments to Contractor

20. Acceptance and Final Payment as Release

21. Insurance

22. Contract Security

23. Assignments

24. Indemnification

25. Separate Contracts

26. Subcontracting

27. Engineer's Authority

28. Land and Rights-of-Way

29. Guaranty

30. Arbitration

31. Taxes

32. Wage Rates

33. Contingency Item

1. DEFINITIONS

1.1 Wherever used in the CONTRACT DOCUMENTS, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof:

1.2 ADDENDA Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS. DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications or corrections.

1.3 BID The offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the WORK to be performed.

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1.4 BIDDER Any person, firm or corporation submitting a BID for the WORK.

1.5 BONDS Bid, Performance, and Payment Bonds and other instruments of security, furnished by the CONTRACTOR and his surety in accordance with the CONTRACT DOCUMENTS.

1.6 CHANGE ORDER A written order to the CONTRACTOR authorizing an addition, deletion or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing and adjustment in the CONTRACT PRICE or CONTRACT TIME.

1.7 CONTRACT DOCUMENTS The contract, including Advertisement For Bids, Information For

Bidders, BID, Bid Bond, Agreement, Payment Bond, Performance Bond, NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDER, DRAWINGS, SPECIFICATIONS, and ADDENDA.

1.8 CONTRACT PRICE The total monies payable to the CONTRACTOR under the terms and conditions of the CONTRACT DOCUMENTS.

1.9 CONTRACT TIME The number of calendar days stated in the CONTRACT DOCUMENTS for the completion of the WORK.

1.10 CONTRACTOR The person, firm or corporation with whom the OWNER has executed the

Agreement.

1.11 DRAWINGS The part of the CONTRACT DOCUMENTS which show the characteristics and scope of the WORK to be performed and which have been prepared or approved by the

ENGINEER.

1.12 ENGINEER The person, firm or corporation named as such in the CONTRACT DOCUMENTS.

1.13 FIELD ORDER A written order effecting a change in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during construction.

1.14 NOTICE TO AWARD The written notice of the acceptance of the BID form the OWNER to the successful BIDDER.

1.15 NOTICE TO PROCEED Written communication issued by the OWNER to the CONTRACTOR authorizing him to proceed with the WORK and establishing the date of commencement of the

WORK.

1.16 OWNER A public or quasi public body or authority, corporation, association, partnership, or individual for whom the WORK is to be performed.

1.17 PROJECT The undertaking to be performed as provided in the CONTRACT DOCUMENTS.

1.18 RESIDENT PROJECT REPRESENTATIVE The authorized representative of the OWNER who is assigned to the PROJECT site or any part thereof.

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1.19 SHOP DRAWINGS All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a SUBCONTRACTOR, manufacturer, SUPPLIER or distributor, which illustrate how specific portions of the WORK shall be fabricated or installed.

1.20 SPECIFICATIONS A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship.

1.21 SUBCONTRACTOR An individual, firm or corporation having a direct contract with the

CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the

WORK at the site.

1.22 SUBSTANTIAL COMPLETION That date as certified by the ENGINEER when the construction of the PROJECT or a specified part thereof is sufficiently completed, in accordance with the

CONTRACT DOCUMENTS, so that the PROJECT or specified part can be utilized for the purposes for which it is intended.

1.23 SUPPLEMENTAL GENERAL CONDITIONS Modifications to General Conditions required by a

Federal agency for participation in the PROJECT and approved by the agency in writing prior to inclusion in the CONTRACT DOCUMENTS, or such requirements that may be imposed by applicable state laws.

1.24 SUPPLIER Any person or organization who supplies materials or equipment for the WORK, including that fabricated to a special design, but who does not perform labor at the site.

1.25 WORK All labor necessary to produce the construction required by the CONTRACT

DOCUMENTS, and all materials and equipment incorporated or to be incorporated in the

PROJECT.

1.26 WRITTEN NOTICE Any notice to any party of the Agreement relative to any part of this

Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party or his authorized representative on the WORK.

2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS

2.1 The CONTRACTOR may be furnished additional instructions and detail drawings, by the

ENGINEER, as necessary to carry out the WORK required by the CONTRACT DOCUMENTS.

2.2 The additional drawings and instruction thus supplied will become a part of the CONTRACT

DOCUMENTS. The CONTRACTOR shall carry out the WORK in accordance with the additional detail drawings and instructions.

3. SCHEDULES, REPORTS AND RECORDS

3.1 The CONTRACTOR shall submit to the OWNER such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data where applicable as are required by the CONTRACT DOCUMENTS for the WORK to be performed.

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3.2 Prior to the first partial payment estimate the CONTRACTOR shall submit construction progress schedules showing the order in which he proposes to carry on the WORK, including dates at which he will start the various parts of the WORK, estimated date of completion of each part and, as applicable:

3.2.1 The dates at which special detail drawings will be required; and

3.2.2 Respective dates for submission of SHOP DRAWINGS, the beginning of manufacture, the testing and the installation of materials, supplies and equipment.

3.3 The CONTRACTOR shall also submit a schedule of payments that he anticipates he will earn during the course of the WORK.

4. DRAWINGS AND SPECIFICATIONS

4.1 The intent of the DRAWINGS and SPECIFICATIONS is that the CONTRACTOR shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the

WORK in accordance with the CONTRACT DOCUMENTS and all incidental work necessary to complete the PROJECT in an acceptable manner, ready for use, occupancy or operation by the

OWNER.

4.2 In case of conflict between the DRAWINGS and SPECIFICATIONS, the SPECIFICATIONS shall govern. Figure dimensions on DRAWINGS shall govern over scale dimensions, and detailed

DRAWINGS shall govern over general DRAWINGS.

4.3 Any discrepancies found between the DRAWINGS and SPECIFICATIONS and site conditions or any inconsistencies or ambiguities in the DRAWINGS or SPECIFICATIONS shall be immediately reported to the ENGINEER, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk.

5. SHOP DRAWINGS

5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for the prosecution of the WORK as required by the CONTRACT DOCUMENTS. The ENGINEER shall promptly review all SHOP DRAWINGS. The ENGINEER'S approval of any SHOP DRAWING shall not release the CONTRACTOR from responsibility for deviations from the CONTRACT

DOCUMENTS. The approval of any SHOP DRAWING which substantially deviates from the requirement of the CONTRACT DOCUMENTS shall be evidenced by a CHANGE ORDER.

5.2 When submitted for the ENGINEER'S review. SHOP DRAWINGS shall bear the

CONTRACTOR'S certification that he has reviewed, checked and approved the SHOP

DRAWINGS and that they are in conformance with the requirements of the CONTRACT

DOCUMENTS.

5.3 Portions of the WORK requiring a SHOP DRAWING or sample submission shall not begin until the SHOP DRAWING or submission has been approved by the ENGINEER. A copy of each

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CONTRACTOR at the site and shall be available to the ENGINEER.

6. MATERIALS, SERVICES AND FACILITIES

6.1 It is understood that, except as otherwise specifically stated in the CONTRACT DOCUMENTS, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the WORK within the specified time.

6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the WORK. Stored materials and equipment to be incorporated in the WORK shall be located so as to facilitate prompt inspection.

6.3 Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

6.4 Materials, supplies and equipment shall be in accordance with samples submitted by the

CONTRACTOR and approved by the ENGINEER.

6.5 Materials, supplies or equipment to be incorporated into the WORK shall not be purchased by the

CONTRACTOR or the SUBCONTRACTOR subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller.

7. INSPECTION AND TESTING

7.1 All materials and equipment used in the construction of the PROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT DOCUMENTS.

7.2 The OWNER shall provide all inspection and testing services not required by the CONTRACT

7.3 The CONTRACTOR shall provide at his expense the testing and inspection services required by the CONTRACT DOCUMENTS.

7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any WORK to specifically be inspected, tested, or approved by someone other than the CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the ENGINEER the required certificates of inspection, testing or approval.

7.5 Inspections, tests or approvals by the engineer or others shall not relieve the CONTRACTOR from his obligations to perform the WORK in accordance with the requirements of the

CONTRACT DOCUMENTS.

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7.6 The ENGINEER and his representatives will at all times have access to the WORK. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide proper facilities for such access and observation of the WORK and also for any inspection, or testing thereof.

7.7 If any WORK is covered contrary to the written instructions of the ENGINEER it must, if requested by the ENGINEER, be uncovered for his observation of the WORK and replaced at the

CONTRACTOR'S expense.

7.8 If the ENGINEER considers it necessary or advisable that covered WORK be inspected or tested by others, the CONTRACTOR, at the ENGINEER'S request, will uncover, expose or otherwise make available for observation, inspection or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such WORK is not found to be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate CHANGE ORDER shall be issued.

8. SUBSTITUTIONS

8.1 Whenever a material, article or piece of equipment is identified on the DRAWINGS or

SPECIFICATIONS by reference to brand name or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The

CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the CONTRACT DOCUMENTS by reference to brand name or catalogue number, and if, in the opinion of the ENGINEER, such material, article, or piece of equipment is of equal substance and function to that specified, the ENGINEER may approve its substitution and use by the CONTRACTOR. Any cost differential shall be deductible from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall be appropriately modified by CHANGE ORDER. The CONTRACTOR warrants that if substitutes are approved, no major changes in the function or general design of the PROJECT will result.

Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the CONTRACT PRICE or CONTRACT TIME.

9. PATENTS

9.1 The CONTRACTOR shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the OWNER harmless from loss on account thereof, except that the OWNER shall be responsible for any such loss when a particular process, design, or the product of a particular manufacturer or manufacturers is specified, however if the

CONTRACTOR has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the ENGINEER.

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10. SURVEYS, PERMITS, REGULATIONS

10.1 The OWNER shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the WORK together with a suitable number of benchmarks adjacent to the WORK as shown in the CONTRACT DOCUMENTS. From the information provided by the

OWNER, unless otherwise specified in the CONTRACT DOCUMENTS, the CONTRACTOR shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets.

10.2 The CONTRACTOR shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.

10.3 Permits and licenses of a temporary nature necessary for the prosecution of the WORK shall be secured and paid for by the CONTRACTOR unless otherwise stated in the SUPPLEMENTAL

GENERAL CONDITIONS. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the OWNER, unless otherwise specified. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in Section 13, CHANGES IN THE WORK.

11. PROTECTION OF WORK, PROPERTY AND PERSONS

11.1 The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the WORK. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

11.2 The CONTRACTOR will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He will erect and maintain, as required by the conditions and progress of the WORK, all necessary safeguards for safety and protection. He will notify owners of adjacent utilities when prosecution of the WORK may affect them. The

CONTRACTOR will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly employed by any of them or anyone for whose acts any of them be liable, except damage or loss attributable to the fault of the CONTRACT DOCUMENTS or to the acts or omissions of the OWNER or the ENGINEER or anyone employed by either of them or anyone for whose acts either of them any be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR.

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11.3 In emergencies affecting the safety of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization form the ENGINEER or

OWNER, shall act to prevent threatened damage, injury or loss. He will give the ENGINEER prompt WRITTEN NOTICE of any significant changes in the WORK or deviations from the

CONTRACT DOCUMENTS caused thereby, and a CHANGE ORDER shall thereupon be issued covering the changes and deviations involved.

12. SUPERVISION BY CONTRACTOR

12.1 The CONTRACTOR will supervise and direct the WORK. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR will employ and maintain on the WORK a qualified supervisor or superintendent who shall have been designated in writing be the CONTRACTOR as the CONTRACTOR'S representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR.

The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the WORK.

13. CHANGES IN THE WORK

13.1 The OWNER may at any time, as the need arises, order changes within the scope of the WORK without invalidating the Agreement. If such changes increase or decrease the amount due under the CONTRACT DOCUMENTS, or in the time required for performance of the WORK, an equitable adjustment shall be authorized by CHANGE ORDER.

13.2 The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make changes in the details of the WORK. The CONTRACTOR shall proceed with the performance of any changes in the

WORK so ordered by the ENGINEER unless the CONTRACTOR believes that such FIELD

ORDER entitles him to a change in CONTRACT PRICE or TIME, or both, in which event he shall give the ENGINEER WRITTEN NOTICE thereof within seven (7) days after the receipt of the ordered change. Thereafter the CONTRACTOR shall document the basis for the change in

CONTRACT PRICE or TIME within thirty (30) days. The CONTRACTOR shall not execute such changes pending the receipt of an executed CHANGE ORDER of further instruction from the

OWNER.

14. CHANGES IN CONTRACT PRICE

14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value of any WORK covered by a CHANGE ORDER or of any claim for increase or decrease in the CONTRACT

PRICE shall be determined by one or more of the following methods in the order of precedence listed below:

a. Unit prices previously approved.

b. An agreed lump sum.

c. The actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost of the WORK to cover the cost of general overhead and profit.

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15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

15.1 The date of beginning and the time for completion of the WORK are essential conditions of the

CONTRACT DOCUMENTS and the WORK embraced shall be commenced on a date specified in the NOTICE TO PROCEED.

15.2 The CONTRACTOR will proceed with the WORK at such rate of progress to insure full completion within the CONTRACT TIME. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the CONTRACT TIME for the completion of the

WORK described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the WORK.

15.3 If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or extension of time granted by the OWNER, then the CONTRACTOR will pay to the OWNER the amount for liquidated damages as specified in the BID for each calendar day that the CONTRACTOR shall be in default after the time stipulated in the CONTRACT DOCUMENTS.

15.4 The CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion of the WORK is due to the following and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the OWNER or ENGINEER.

15.4.1 To any preference, priority or allocation order duly issued by the OWNER.

15.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the

CONTRACTOR, including but not restricted to, acts of the OWNER, acts of another

CONTRACTOR in the performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and

15.4.3 To any delays of SUBCONTRACTORS occasioned by any of the causes specified in paragraphs

15.4.1 and 15.4.2 of this article.

16. CORRECTION OF WORK

16.1 The CONTRACTOR shall promptly remove from the premises all WORK rejected by the

ENGINEER for failure to comply with the CONTRACT DOCUMENTS, whether incorporated in the construction or not, and the CONTRACTOR shall promptly replace and re execute the WORK in accordance with the CONTRACT DOCUMENTS and without expense to the OWNER and shall bear the expense of making good all WORK of other CONTRACTORS destroyed or damaged by such removal or replacement.

16.2 All removal and replacement WORK shall be done at the CONTRACTOR'S expense. If the

CONTRACTOR does not take action to remove such rejected WORK within ten (10) days after receipt of WRITTEN NOTICE, the OWNER may remove such WORK and store the materials at the expense of the CONTRACTOR.

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17. SUBSURFACE CONDITIONS

17.1 The CONTRACTOR shall promptly, and before such conditions are disturbed, except in the event of an emergency, notify the OWNER by WRITTEN NOTICE of:

17.1.1 Subsurface of latent physical conditions at the site differing materially from those indicated in the

CONTRACT DOCUMENTS; or

17.1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in WORK of the character provided for in the CONTRACT DOCUMENTS.

17.2 The OWNER shall promptly investigate the conditions, and if he finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the WORK, an equitable adjustment shall be made and the CONTRACT

DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the CONTRACTOR for adjustment hereunder shall not be allowed unless he has given the required WRITTEN NOTICE;

provided that the OWNER may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of final payment.

18. SUSPENSION OF WORK, TERMINATION AND DELAY

18.1 The OWNER may suspend the WORK or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the CONTRACTOR, by WRITTEN NOTICE to the

CONTRACTOR and the ENGINEER which notice shall fix the date on which WORK shall be resumed. The CONTRACTOR will resume that WORK on the date so fixed. The CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension for the CONTRACT TIME, or both, directly attributable to any suspension.

18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to

SUBCONTRACTORS or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the WORK or if he disregards the authority of the ENGINEER, or if he otherwise violates any provision of the CONTRACT

DOCUMENTS, then the OWNER may, without prejudice to any other right or remedy and after giving the CONTRACTOR and his surety a minimum of ten (10) days from delivery of a

WRITTEN NOTICE, terminate the services of the of the CONTRACTOR and take possession of the PROJECT and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the WORK by whatever method he may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the WORK is finished. If the unpaid balance of the CONTRACT PRICE exceeds the direct and indirect costs of completing the PROJECT, including compensation for additional professional services, such excess SHALL BE PAID TO THE CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the OWNER. Such

11 | S p e c i f i c a t i o n s – S e c t i o n 0 0 7 2 0 0 – G e n e r a l C o n d i t i o n s costs incurred by the OWNER will be determined by the ENGINEER and incorporated in a

CHANGE ORDER.

18.3 Where the CONTRACTOR'S services have been so terminated by the OWNER, said termination shall not affect any right of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies by the OWNER due the CONTRACTOR will not release the CONTRACTOR from compliance with the CONTRACT DOCUMENTS.

18.4 After ten (10) days from delivery of a WRITTEN NOTICE to the CONTRACTOR and the

ENGINEER, the OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate the Contract. In such case, the CONTRACTOR shall be paid for all WORK executed and any expense sustained plus reasonable profit.

18.5 If, through no act or fault of the CONTRACTOR, the WORK is suspended for a period of more than ninety (90) days by the OWNER or under an order of court or other public authority, or the

ENGINEER fails to act on any request for payment within thirty (30) days after it is submitted, or the OWNER fails to pay the CONTRACTOR substantially the sum approved by the ENGINEER or awarded by arbitrators within thirty (30) days of its approval and presentation, then the

CONTRACTOR may, after then (10) days from delivery of a WRITTEN NOTICE to the OWNER and the ENGINEER, terminate the CONTRACT and recover from the OWNER payment for all

WORK executed and all expenses sustained. In addition and in lieu of terminating the

CONTRACT, if the ENGINEER has failed to act on a request for payment or if the OWNER has failed to make any payment as aforesaid, the CONTRACTOR may upon ten (10) days written notice to the OWNER and the ENGINEER stop the WORK until he has been paid all amounts then due, in which event and upon resumption of the WORK, CHANGE ORDERS shall be issued for adjusting the CONTRACT PRICE or extending the CONTRACT TIME or both to compensate for the costs and delays attributable to the stoppage of the WORK.

18.6 If the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a result of a failure of the OWNER or ENGINEER to act within the time specified in the CONTRACT

DOCUMENTS, or if no time is specified, within a reasonable time, an adjustment is the

CONTRACT PRICE or an extension of the CONTRACT ITEM, or both, shall be made by

CHANGE ORDER to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure of the OWNER or ENGINEER.

19. PAYMENTS TO CONTRACTOR

19.1 At least ten (10) days before each progress payment falls due (but not more often than once a month), the CONTRACTOR will submit to the ENGINEER a partial payment estimated filled out and signed by the CONTRACTOR covering the WORK performed during the period covered by the partial payment estimate supported by such data as the ENGINEER may reasonably require.

If payment is requested on the basis of materials and equipment not incorporated in the WORK but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the OWNER, as will establish the

OWNER's title to the material and equipment and protect his interest therein, including applicable insurance. The ENGINEER will, within ten (10) days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR indicating

12 | S p e c i f i c a t i o n s – S e c t i o n 0 0 7 2 0 0 – G e n e r a l C o n d i t i o n s in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The OWNER will, within ten (10) days of presentation to him of an approved partial payment estimate, pay the

CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The

OWNER shall retain ten (10) percent of the amount of each payment until final completion and acceptance of all work covered by the CONTRACT DOCUMENTS. The OWNER at any time, however, after fifty (50) percent of the WORK has been completed, if he finds that satisfactory progress is being made, shall reduce retainage to five (5%) percent on the current and remaining estimates. When the WORK is substantially complete (operational or beneficial occupancy), the retained amount may be further reduced below five (5) percent to only that amount necessary to assure completion. On completion and acceptance of a part of the WORK on which the price is stated separately in the CONTRACT DOCUMENTS, payment may be made in full, including retained percentages, less authorized deductions.

19.2 The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored either at or near the site.

19.3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with the approval of the ENGINEER and with the concurrence of the CONTRACTOR, may use any completed or substantially completed portions of the WORK. Such use shall not constitute an acceptance of such portions of the

WORK.

19.4 The OWNER shall have the right to enter the premises for the purpose of doing work not covered by the CONTRACT DOCUMENTS. This provision shall not be construed as relieving the

CONTRACTOR of the sole responsibility for the care and protection of the WORK, or the restoration of any damaged WORK except such as may be caused by agents or employees of the OWNER.

19.5 Upon completion and acceptance of the WORK the ENGINEER shall issue a certificate attached to the final payment request that the WORK has been accepted by him under the conditions of the CONTRACT DOCUMENTS. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the

OWNER, shall be paid to the CONTRACTOR within thirty (30) days of completion and acceptance of the WORK.

19.6 The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, labors, workmen, mechanics, materialmen, and furnishers of machinery and part thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the WORK. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the

OWNER may, after having notified the CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of the CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR, his

Surety, or any third party. In paying any unpaid bills of the CONTRACTOR, any payment so

13 | S p e c i f i c a t i o n s – S e c t i o n 0 0 7 2 0 0 – G e n e r a l C o n d i t i o n s made by the OWNER shall be considered as a payment made under the CONTRACT

DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the

CONTRACTOR for any such payment made in good faith.

19.7 If the OWNER fails to make payment thirty (30) days after approval by the ENGINEER, in addition to other remedies available to the CONTRACTOR, there shall be added to each such payment interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the CONTRACTOR.

20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE

20.1 The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this WORK and for every act and neglect of the OWNER and others relating to or arising out of this WORK. Any payment, however, final or otherwise, shall not release the

CONTRACTOR or his sureties from any obligations under the CONTRACT DOCUMENTS or the

Performance BOND and Payment BONDS.

21. INSURANCE

21.1 The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S execution of the

WORK, whether such execution be by himself or by the SUBCONTRACTOR or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

21.1.1 Claims under workmen's compensation, disability benefit and other similar employee benefit acts;

21.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees;

21.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees;

21.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the CONTRACTOR, or (2) by any other person; and

21.1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom.

21.2 Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the WORK.

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21.3 Types. The CONTRACTOR shall procure and maintain the following types of insurance for the duration of this PROJECT. Any SUBCONTRACTOR hired by the CONTRACTOR to perform

WORK on the PROJECT shall also meet these insurance requirements.

21.3.1 Commercial General Liability. Commercial General Liability (CGL) insurance with coverage that is at least as broad as the Insurance Services Office Commercial General Liability coverage

(occurrence form).

21.3.2 Business Auto. Business Auto insurance with coverage that is at least as broad as the Insurance

Services Office Business Auto Coverage form.

21.3.3 Workers’ Compensation and Employer’s Liability. Workers’ Compensation insurance as required by the State of Utah and Employer’s Liability Insurance.

21.4 Coverage Limits. CONTRACTOR’S required insurance shall have the following minimum coverage limits:

21.4.1 Commercial General Liability. $2,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If the policy contains a general aggregate limit, the general aggregate limit must apply separately to this Agreement or the general aggregate limit shall be $3,000,000.00.

21.4.2 Business Auto. $2,000,000.00 combined single limit per accident for bodily injury and property damage.

21.4.3 Workers’ Compensation and Employer’s Liability. Workers’ Compensation as required by the

State of Utah and $1,000,000.00 per accident for Employer’s Liability.

21.4.4 Excess Liability. Contractor may meet the coverage limits required through umbrella or excess liability policies approved by the OWNER.

21.5 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by the

OWNER. At the OWNER’S option, the OWNER may require that:

21.5.1 The insurer reduces or eliminates the deductibles or self-insured retentions as respects the

OWNER, its officers, officials, employees and volunteers; or

21.5.2 The…