2026 FRICTION MASTIC SURFACE

TREATEMENT PROJECT

WVC STREETS 26-07

PREPARED BY

WEST VALLEY CITY STREET OPERATIONS DIVISION

STANDARD SPECIFICATION - APWA UTAH 2025

Document 00 01 10 - Table of Contents

DOCUMENT 00 01 10

TABLE OF CONTENTS

STANDARD SPECIFICATIONS

American Public Works Association and Associated General Contractors Utah Chapter - Manual of Standard Specifications and Manual of Standard Plans, 2017 (Information on purchasing specs can be found at: http://utah.apwa.net ).

BIDDING REQUIREMENTS

Pre-Bid Information

Specification No. Title Pages

Document 00 11 16 Invitation to Bid 3

Instructions to Bidders

Document 00 21 13 Instructions to Bidders 10

Document 00 21 14 Modifications to Instructions to Bidders 1

Bid Forms – SUBMITTED WITH BID Document 00 41 00 Bid Form 5

Document 00 43 00 Bid Schedule 5

Supplements to Bid Forms – SUBMITTED WITH BID Document 00 43 01 Bidder Preference Form 1

CONTRACT FORMS

Procurement Form Supplements

Document 00 43 36 Subcontractor-Supplier Report 3

Document 00 43 38 Bidder Status Report 2

Agreement Forms Document 00 52 00 Agreement 10

Bonds and Certificates Document 00 61 13 Performance Bond 7

Document 00 61 14 Payment Bond 7

Document 00 62 16 Certificate of Insurance 1

CONDITIONS OF THE CONTRACT

General Conditions

Document 00 73 03 Modifications to General Conditions 5

Document 00 01 10 - Table of Contents

Document 00 91 13 Addenda and Modifications 1

SUPPLEMENTAL AND SPECIAL PROVISIONS

Specification No. Title Pages

Section 01 11 00-M Summary of Work 3

Section 01 14 00-S Work Restrictions 3

Section 01 31 13-M Coordination 2

Section 01 31 14-S Public Information Services 2

Section 01 33 00-M Submittal Procedures 2

Section 01 43 40-M Resident Superintendent 1

Section 01 55 26-M Traffic Control 2

Section 01 57 19-S Environmental Protection 4

Section 32 01 13.70 WVC Frictional Mastic Surface Treatment 10

CONTRACT DRAWINGS

Title Pages

Overview/Trash pickup days 1

Schedule No. 1 9

END OF DOCUMENT 00 01 10

BIDDING REQUIREMENTS

Document 00 11 16 – Invitation to Bid

DOCUMENT 00 11 16

INVITATION TO BID

PART 1 GENERAL

1.1 CONSTRUCTION CONTRACT

A. Bidders are invited to Bid on a Construction Contract known as the 2026 Friction Mastic Surface Treatment Project.

B. For information about the award of this Construction Contract contact Erik Brondum, West Valley City, Telephone (801) 963-3406.

1.2 DESCRIPTION OF WORK

A. Location of Work: Various Streets within West Valley City.

B. Scope of Work: Contractor will be responsible for all labor, materials, equipment, coordination and incidentals necessary to complete work as described in the Contract Documents. The work to be performed generally includes, but is not limited to the following:

1. Placement of friction mastic surface treatment seal on various roads in West Valley City.

2. Other work normally encountered during construction on improved and unimproved properties.

1.3 BIDDERS’ PRE-QUALIFICATION

A. Bidders are not required to be pre-qualified for this project.

1.4 BASIS OF BIDS

A. Bids shall be on a unit price basis. Unsealed or segregated Bids will not be accepted. Bidders shall comply with all Instructions to Bidders.

1.5 CONTRACT TIME

A. The work will be substantially completed by June 30, 2027. It is preferred that the work be completed before November if weather conditions permit.

It is anticipated that Notice to Proceed will be given on September 14, 2026.

1.6 EXAMINATION AND PROCUREMENT OF DOCUMENTS

A. Complete sets of Contract Documents may be examined and obtained beginning July 22, 2026 from the ENGINEER. Plan sets can be downloaded from a third party website (https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfUtah), and can be located via the West Valley City Engineering Division website, www.wvc-ut.gov/engineering.

B. Copies of 2017 version of APWA Manual of Standard Drawings and Specifications may be obtained at http://utah.apwa.net/.

1.7 PRE-BID CONFERENCE

A. A pre-bid conference will not be held

1.8 BID SECURITY

A. Bid Security in the amount of at least five percent (5%) of the Bid must accompany each Bid in accordance with the Instructions to Bidders. Bid Security will be returned to each unsuccessful Bidder after tabulation and award of the Construction Contract.

1.9 ELECTRONIC BID OPENING

A. Bids will be opened electronically on www.sciquest.com.

Bid opening is scheduled for 10:00 AM local prevailing time, (as conclusively established by the clock on sciquest.com), on August 13, 2026. Bids received after the indicated time will not be accepted. Bids will not be opened publicly. Bid results will be published on the West Valley City Engineering Division web page.

Paper bids will not be accepted.

1.10 RIGHT TO REJECT BIDS

A. The OWNER reserves the right to reject any or all Bids or to waive any informality or technicality in any Bid if deemed to be in the best interest of the OWNER.

1.11 VALIDITY PERIOD FOR BIDS

A. Bids shall remain valid for 45 days after the day of Bid opening. Bidders who withdraw their Bid after the Bid opening, but before expiration of said period, shall forfeit their Bid Security if Notice of Intent to Award to Bidder is made by OWNER.

1.12 GOVERNING LAWS AND REGULATIONS

A. This project is not federally funded and does not require the payment of specific wage rates. Payroll submittal will not be required.

1.13 EMPLOYMENT STATUS VERIFICATION SYSTEM REQUIREMENTS

A. The Contractor shall present evidence to the City of participation in an approved Status Verification System prior to execution of this Agreement.

END OF DOCUMENT 00 11 16

Document 00 21 13 – Instructions to Bidders

DOCUMENT 00 21 13

INSTRUCTIONS TO BIDDERS

PART 1 GENERAL

1.1 DEFINED TERMS

A. Terms used in the Bid documents, which are defined in Article 1.1 of the General Conditions, will have the meanings indicated in the General Conditions. General Conditions: as published in Document 00 72 00 in the 2017 Edition Manual of Standard Specifications by the Utah Chapter of the American Public Works Association.

1.2 COPIES OF BID DOCUMENTS

A. Complete sets of Bid Documents must be used in preparing Bids. OWNER and ENGINEER assume no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid documents.

B. Bid documents are made available to Bidder only for the purpose of obtaining Bids on the work. No license or grant for any other use is given.

C. Bidding document copyrights shall remain with the OWNER. All provisions of the 2017 Manual of Standard Specifications and 2017 Manual of Standard Plans published by the Utah Chapter of the American Public Works Association, which are applicable to the work, are made a part of the Contract Documents by reference. For information on purchasing the books go to http://utah.apwa.net/.

1.3 PRE-BID CONFERENCE

A. A pre-bid conference will not be held.

1.4 EXAMINATION OF SITE AND CONTRACT DOCUMENTS

A. In General: Bidders are permitted to converse with ENGINEER’S personnel having knowledge of the project, plans, specifications, material sites, or conditions generally prevailing in the area of the project to aid in pre-Bid investigations. The OWNER is not bound by any statements or representations made by ENGINEER or ENGINEER’S personnel before the Bid opening or award of the Construction Contract, or for any assumptions or conclusions reached by a prospective Bidder as a result of such communication unless the ENGINEER issues an Addendum to all prospective Bidders.

B. Access to Site: The lands upon which the work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Bidder in performing the work are identified in the Contract Documents. All additional off-site lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Bidder.

C. Contract Documents: The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 1.4; that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents; and, that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work.

D. Bidders’ Obligations: The submission of a Bid constitutes acknowledgement that Bidder has complied with all Bidding instructions. It is the responsibility of each Bidder before submitting a Bid, to:

1. Examine the Contract Documents thoroughly;

2. Visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the work;

3. Consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the work;

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

and

5. Identify and notify ENGINEER in writing of all specific conflicts, errors or discrepancies in the Contract Documents, or if Bidder doubts their meanings.

The failure or omission of any Bidder to receive or examine any form, instrument, addendum other document, visit the site and become acquainted with conditions there existing, or attend the pre-Bid conference, shall in no way relieve any Bidder from obligations with respect to Bidder's Bid or to the Construction Contract.

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

1.5 PHYSICAL CONDITIONS

A. In General: Before submitting a Bid, each Bidder will be responsible for review of OWNER'S explorations, tests and data concerning surface conditions, subsurface conditions and underground facilities at or contiguous to the site, or otherwise, which may affect cost, progress, performance or furnishing of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

B. Surface and Subsurface Conditions: Provisions concerning surface and subsurface conditions, if any, are set forth in the Geotechnical Data (Section 01 15 00-S). The document provides the identification of:

1. Reports of explorations and tests of subsurface conditions at the site which have been utilized by ENGINEER in preparing the Contract Documents; and

2. Drawings of physical conditions in or relating to existing surface and subsurface structures (except underground facilities) which are at or contiguous to the site and have been utilized by ENGINEER in preparing the Contract Documents.

3. Underground Facilities: Information and data indicated in the Contract Documents regarding underground facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such underground facilities. The OWNER does not assume responsibility for the accuracy or completeness thereof other than as provided in paragraph 4.3A.2 of the General Conditions or unless expressly provided in the Modifications to General Conditions (Document 00 73 03).

4. Additional Explorations: On request in advance, and if possible, OWNER will provide each Bidder access to the site to conduct any explorations and tests, as each Bidder deems necessary for submission of a Bid. Bidder shall obtain permits, fill all holes, clean up and restore the site to its former condition upon completion of such explorations. Bidder agrees to indemnify and save the OWNER harmless during and after the performance of additional explorations.

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

PART 2 BIDDING PROCEDURES

2.1 INTERPRETATIONS AND ADDENDA

A. All requests for interpretation of the Contract Documents shall be made in writing and delivered to the ENGINEER no later than three (3) calendar days prior to opening of Bids. If required, ENGINEER will send written interpretation to all persons receiving a set of Bid Documents in the form of a written Addendum. If a Bidder's request for interpretation is not responded to by ENGINEER, Bidder shall not rely on any interpretation in the request which is contrary to the intent and terms of the Contract Documents.

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

C. ENGINEER may also issue Addenda to modify the Bidding documents.

D. Any Addenda so issued during the time of Bidding shall be deemed to be Included in the Bid. All Addenda shall become a part of the Contract Documents.

E. Except to postpone the Bid opening, no Addenda shall be issued within 48 hours of the Bid opening.

F. Addenda will be mailed and/or faxed to address or telephone number noted on Plan Holder's List filled out by CONTRACTOR. CONTRACTOR is responsible to provide OWNER with current fax, telephone number, mailing address, and any changes thereto which occur before the Bid is submitted. Failure to receive addenda mailed and/or faxed to the address listed cannot be used as a reason to exclude the addenda from the Bid.

2.2 EQUIPMENT AND MATERIAL OPTIONS PRIOR TO BID OPENING

A. If a Bidder or supplier wishes to use items of equipment or materials other than those identified in the Contract Documents, said Bidder or supplier shall submit a written request for approval to the ENGINEER at least ten (10) days prior to the date set for opening of Bids.

B. The procedure for submission of any such product option shall be as set forth in Article

6.4 of the General Conditions. It is the sole responsibility of the Bidder or supplier to submit complete descriptive and technical information so that ENGINEER can make a proper appraisal.

C. ENGINEER'S failure to act upon such a request within three (3) days after receipt shall be deemed a denial thereof.

Any such approval is at the sole discretion of the ENGINEER and will be in the form of an Addendum issued to all Bidders holding Bid documents indicating that the additional equipment or materials are approved as equal to those specified for the project.

2.3 BID SECURITY

A. Amount of Bid Security: The total amount of the Bid on which Bid Security is to be based shall be the sum of all items of the Bid constituting the maximum amount of the possible award to the Bidder. The Bond amount must equal at least 5 percent of the total amount of the Bid.

B. Bid Bond: The Bond shall accompany the Bid and shall be issued by a surety company authorized to do business in the State of Utah. The Bond shall guarantee that the Bidder, if awarded the work will promptly enter into the Construction Contract to perform the work in the manner required by the Contract Documents.

C. Cashier’s Check: If a Cashier’s Check is used in lieu of a Bid Bond, the Cashier’s Check must be drawn on a bank doing business in the State of Utah and made payable to West Valley City Corporation.

D. Return of Bid Security: OWNER will return Bid Security to CONTRACTOR within seven (7) days after award of the Construction Contract. Bid Bonds and Cashier’s Checks of all Bidders will be held until the Construction Contract is awarded or all Bids have been rejected. The liability of OWNER in regards to the checks shall be limited only to the return of the checks.

E. Default: In the event of failure or refusal of the Bidder to enter into the Construction Contract and the delivery to the OWNER a Performance Bond, Payment Bond and any other Bonds or documents required by the Contract Documents after Notice of Intent to Award by the OWNER, the Bidder forfeits the sum of the Bid Bond or Cashier’s Check as liquidated damages to the OWNER.

2.4 CONTRACT TIME AND PUNCH LIST TIME

A. Provisions concerning Contract Time and Punch List Time are set forth in the Agreement (Document 00 52 00).

2.5 LIQUIDATED DAMAGES

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

2.6 RETAINAGE

A. Provisions concerning OWNER retaining money are set forth in the Agreement (Document 00 52 00).

2.7 BID FORM

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

B. Bids by corporations must be executed in the corporate name by the president, vice-president or other corporate officer authorized to sign and properly attested to as an official act of the corporation. At the OWNER'S request, authority to sign must be submitted.

C. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title and official partnership address must be shown.

D. All names must be typed or printed under or near the signature.

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

F. The Bidder's address, telephone number and facsimile number for communications regarding the Bid must be shown on the first page of the Bid Form.

G. The Bidder shall make no stipulations or alterations on the Bid forms. The Bidder must use only the Bid Form and Bid Schedules bound in the Contract Documents.

2.8 BID SCHEDULE

A. Any work or material which is specified in the Contract Documents or which is necessary because of the nature of the work, but which is not listed separately in the Bid Schedule (Document 00 43 00) shall not be measured or paid for separately. The cost of such work or material shall be considered as included in the Contract Price.

B. All blanks on the Bid Schedule (Document 00 43 00) must be completed in ink or by typewriter. If applicable, furnish both the unit and the total costs for each item. Numbers shall be stated in figures, and the signature of all persons signing shall be in longhand.

The Bidder shall initial any corrections, alterations or erasures made by the Bidder on the Bid Schedule in ink.

2.9 SUBMISSION OF BIDS

A. The Bid Documents consist of the Bid Form (Document 00 41 00), Bid Schedule (Document 00 43 00), Bid Bond (A scan of the bid bond is to be uploaded with bid documents, and the original sent to West Valley City in the mail).

B. Bids shall be submitted at the time and webpage indicated in the Invitation to Bid (Document 00 11 16). All bids shall be submitted electronically.

C. Alternate Bids, other than those called for in the Bid Form, will not be considered.

D. No oral, telegraphic, telephonic, facsimile or modified Bids will be considered.

2.10 MODIFICATION AND WITHDRAWAL OF BIDS

A. At any time prior to the opening of Bids, Bids may be modified or withdrawn if a written withdrawal is signed by Bidder and delivered to the place where Bids are to be submitted.

B. Within 24 hours after Bids are opened, any Bidder may file written notice with OWNER that there was a substantial mistake made in the preparation of its Bid. Bidder must thereafter promptly demonstrate Bidder's mistake to the reasonable satisfaction of the OWNER. If OWNER agrees, Bidder may withdraw its Bid and the Bid Security will be returned to the Bidder.

2.11 OPENING OF BIDS

A. Bids will be opened electronically. A public bid opening will not be held. An abstract of the amounts of the base schedule of prices and any alternate schedules will be made available for review after the opening of bids and will be published on the Engineering Division webpage.

B. Any Bids received after the time specified in the Invitation to Bid (Document 00 11 16) will not be accepted.

2.12 BIDS SUBJECT TO ACCEPTANCE FOR 45 DAYS

A. All Bids remain subject to acceptance for 45 days after the day of the Bid opening.

OWNER may, in its sole discretion, release any Bid and return the Bid Security prior to the date.

2.13 NONDISCRIMINATION IN EMPLOYMENT

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

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

C. Equal opportunity employment shall be reflected in the racial and sexual composition of the Bidder's work force and the OWNER urges an affirmative action program to overcome under-utilization.

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

E. If federal nondiscrimination requirements are required, the Bidder shall be fully knowledgeable and comply with such requirements. Refer to Community Development Block Grant Supplementary Conditions (Document 00 73 50).

PART 3 AWARD OF CONSTRUCTION CONTRACT

3.1 QUALIFICATIONS OF BIDDERS

A. Within seven (7) calendar days of ENGINEER'S request, a Bidder, whose Bid is under consideration for award, shall submit to the ENGINEER the following information for the Bidder. ENGINEER may request like information on Bidder's Subcontractors, or Bidder's Suppliers.

1. A Current financial statement for the work (as provided to Bonding company);

2. A chronological list of "in progress" and "completed" construction work done by

Bidder during the last three (3) years; including project name, address, owner, contact name, and current telephone number;

3. Present construction commitments other than items listed in paragraph 2 above;

4. Proposed organizational structure such as firm ownership, project manager, progress scheduler, and superintendent for the Work of this Project;

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

6. Investigations, arbitrations, litigations or claims which are pending, threatened, settled or otherwise disposed of within the last three (3) years;

7. Evidence of ability to perform and complete the Work in a manner and within the time limit specified. As a minimum, identify specific projects similar to the Work in physical size, cost, and commercial nature. If the work experiences of the project manager and superintendent designated to construct this project are different than that of the company, provide resumes of their work history.

Include their actual project titles and indicate their actual responsibilities on each given project;

8. All matters consistent with federal, state and local Laws and Regulations;

9. Such other data as may be called for in the Modifications to Instructions to

Bidders (Document 00 21 14) (if any).

B. OWNER will hold all requested information confidential to the extent allowed by law, and upon request, return such information to Bidder after acceptation or rejection of Bid.

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

3.2 EVALUATION OF BIDS

A. OWNER reserves the right: to reject any and all Bids; to waive minor informalities in the Bid Schedule and elsewhere so long as the informalities do not affect the Contract

Documents or render the Bid non-compliant with laws and regulations pertaining to bidding requirements; to negotiate and agree to contract terms with the successful Bidder;

and to disregard non-conforming, non-responsive, unbalanced or conditional Bids.

B. OWNER reserves the right to reject any Bid if OWNER believes that it would not be in the best interest of the Project for the OWNER to make an award to that Bidder. Such rejection may be because the Bidder is not responsive, or the Bidder is unqualified or of doubtful ability or the Bid or Bidder fails to meet any other pertinent standard or criteria established by OWNER in the Supplementary Instructions to Bidders (Document 00 21 14).

C. OWNER will consider the qualifications of the Bidder (whether or not the Bid complies with the prescribed requirements) and such alternates, unit prices and other data, as may be requested in the Bid Form (Document 00 41 00), Bid Schedule (Document 00 43 00), or written requests issued prior to OWNER'S Notice of Intent to Award the Construction Contract.

D. OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as provided in the Subcontractors and Supplier Report (Document 00 43 36).

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

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

3.1 herein above and conduct such investigations, as OWNER deems appropriate.

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

H. Bid Schedules will be evaluated as follows:

1. Discrepancies in the multiplication of quantities of work items and unit prices will be resolved in favor of the unit prices.

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

3. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

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

I. Evaluating Responsibility: To be responsible, a bidder must have the capability in all respects to fully perform the agreement requirements, and the integrity, capacity and reliability which will assure good faith performance.

Factors considered in evaluating Responsibility include at least the following:

1. The bidders capacity to perform the contractual requirements, including whether the bidder has appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain them. Without limitation, capacity may include legal capacity to enter Agreements, the ability to perform within required times, or the ability to perform any necessary future service and maintenance.

2. The bidder’s unsatisfactory performance on previous work or current contracts consisting of but not limited to:

a. Noncompliance with contract.

b. Failure to complete work on time.

c. Instances of substantial corrective work before acceptance.

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

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

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

g. The bidder has questionable moral integrity as determined by the City, the Attorney General of Utah, or the Attorney General of the United States.

3. The bidder’s ability to work cooperatively with the City, including, without limitation, whether the bidder has previously failed to comply with City Agreements or other requirements, nonpayment of sums due to the City, suspension, or other proceedings by the City against the bidder, or failure to assist the City in determining responsibility.

4. Pending litigation or unresolved claims with the City.

3.3 SUBCONTRACTORS, SUPPLIERS AND OTHERS

A. Bidder shall not subcontract more than 50 percent of the dollar value of the total contemplated Work (exclusive of the supply of materials and equipment to be incorporated in the Work) without OWNER'S prior written approval.

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

3.4 CONTRACT SECURITY AND OTHER SUBMITTALS

A. Performance Bond (Document 00 61 13) and Payment Bond (Document 00 61 14): The OWNER'S requirements as to Performance and Payment Bonds are set forth in the Modifications to General Conditions (Document 00 73 03). Specific requirements are set forth in the Performance Bond (Document 00 61 13) and the Payment Bond (Document 00 61 14).

1. The Bidder should carefully examine the Bond Forms.

2. When the successful Bidder delivers the executed Construction Contract to

OWNER, the required Performance and Payment Bonds must accompany it.

B. Subcontractor and Supplier Report (Document 00 43 36): This report form is required within 48 hours of ENGINEER'S request. The form shall list the name and address of each Subcontractor who will perform work or labor or render service to the Bidder at the site of the Work, or a Subcontractor who, off the job site, will specially fabricate a portion of the Work or improvements according to detail Drawings. In each instance, the nature and extent of the Work to be sublet in an amount in excess of 2 percent of the Bid sum shall be described. Bidder must have the written consent of OWNER to substitute for any of the Subcontractors or Suppliers designated or to employ any Subcontractor or Supplier that is not listed.

C. Bidder Status Report (Document 00 43 38): One completed form shall be submitted upon ENGINEER'S request or after Bidder receives Notice of Intent to Award.

D. Other Information: When a determination has been made to award the Construction Contract, Bidder is required, prior to the award or after the award, or both, to furnish such other information as the ENGINEER requests.

3.5 ADJUSTMENTS TO THE COST OF THE WORK AFTER OPENING OF BIDS AND

PRIOR TO AWARD

A. The Contract Price identified in the Agreement (Document 00 52 00) represents the Cost of the work that is to be paid by the OWNER to the CONTRACTOR. Signing an Agreement Supplement shall effect adjustments to the Contract Price that are agreed to between the OWNER and the successful Bidder.

3.6 SIGNING OF AGREEMENT

A. Within ten (10) days after OWNER gives Notice of Intent to Award the Construction Contract to the successful Bidder, the Bidder shall pick up, sign and return the required number of copies of the Agreement (Document 00 52 00), Performance Bond (Document 00 61 13), Payment Bond (00 61 14), Certificate of Insurance and documents as specified in the Contract. A minimum of three (3) originals will be signed. One executed original will be returned to the Bidder.

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

C. At the time of Bidding, and the signing of the Agreement (Document 00 52 00), and at all times during the Work, Bidder shall be properly licensed to do the Work and shall be in compliance with the license laws of the State of Utah, West Valley City and Salt Lake County.

PART 4 MISCELLANEOUS

4.1 EQUIPMENT AND MATERIAL OPTIONS AFTER BID OPENING

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

B. After the Effective Date of the Construction Contract, the procedure for submitting an application for substitution is set forth in Article 6.4 of the General Conditions.

END OF DOCUMENT 00 21 13

Document 00 21 14 – Modifications to Instructions to Bidders

DOCUMENT 00 21 14

MODIFICATIONS TO INSTRUCTIONS TO BIDDERS

This document amends the Instructions to Bidders (Document 00 21 13). Modifications have not been made on this project.

END OF DOCUMENT 00 21 14

Document 00 41 00 – Bid Form

DOCUMENT 00 41 00

BID FORM

Intentionally left blank

This document is contained in the bid package pdf to be uploaded by bidders.

Replace this page with Document 00 41 00 – Bid Form, uploaded from the lowest responsive and responsible bidder when assembling final contract documents.

Document 00 43 00 – Bid Schedule

DOCUMENT 00 43 00

BID SCHEDULE

Intentionally left blank

This document is contained in the Bid Package pdf to be uploaded by bidders.

Replace this page with Document 00 43 00 – Bid Schedule, uploaded from the lowest responsive and responsible bidder when assembling final contract documents.

Document 00 43 01 – Bidder Preference Form

DOCUMENT 00 43 01

BIDDER PREFERENCE FORM

Intentionally left blank

This document is contained in the bid package pdf to be uploaded by bidders.

Replace this page with Document 00 43 01 – Bidder Preference Form, uploaded from the lowest responsive and responsible bidder when assembling final contract documents.

CONTRACT FORMS

Document 00 43 36 – Subcontractor and Supplier Report

DOCUMENT 00 43 36

SUBCONTRACTOR AND SUPPLIER REPORT

PART 1 GENERAL

1.1 BIDDER

A. Name:

B. Address:

C. City, State, Zip:

D. Telephone:

E. Email:

1.2 CONSTRUCTION PROJECT

A. Project Name: 2026 Friction Mastic Surface Treatment Project

B. Project No: WVC STREETS 26-07

C. OWNER: West Valley City Corporation, a municipal corporation of the State of Utah, 3600 South Constitution Blvd, West Valley City, Utah 84119.

PART 2 REPORT

2.1 SUBCONTRACTOR AND SUPPLIER REPORT

A. Failure of the Bidder to specify a Subcontractor for any portion of the Work constitutes an agreement by the Bidder that the Bidder is fully qualified to perform that portion, and that Bidder shall perform that portion. Bidder must have the written consent of OWNER to substitute for any of the Subcontractors or Suppliers designated below or to employ any Subcontractor or Supplier that is not listed below.

B. Bidder will be fully responsible to OWNER for the acts and omissions of Subcontractors and Suppliers and of persons either directly or indirectly employed by them, as Bidder is for the acts and omissions of persons employed by Bidder directly.

C. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor or Supplier and the OWNER. Bidder agrees each subcontract with Bidder’s Subcontractor will disclaim any third party or direct relationship between OWNER and any Subcontractor or Supplier.

D. The names and addresses of the Subcontractors and Suppliers who will work under the terms of the Contract Documents and the estimated dollar amount of each subcontract (in excess of 5 percent of the Bid sum) are set forth as follows.

SUBCONTRACTORS

Name Nature and Extent of Work to be Sublet

Dollar Amount

1. $

2. $

3. $

4. $

5. $

6. $

7. $

8. $

9. $

10. $

SUPPLIERS

Name Nature and Extent of Work to be Sublet

Dollar Amount

1. $

2. $

3. $

4. $

5. $

6. $

7. $

8. $

9. $

10. $

PART 3 EXECUTION

3.1 EFFECTIVE DATE

A. Bidder executes this Subcontractor and Supplier Report and declares it to be a supplement to the Bid (Document 00 41 00) and in effect as of day of , 20 .

3.2 BIDDER’S SUBSCRIPTION

A. Bidder’s Signature:

B. Please print Bidder’s name here:

C. Title:

END OF DOCUMENT 00 43 36

Document 00 43 38 – Bidder Status Report

DOCUMENT 00 43 38

BIDDER STATUS REPORT

PART 1 GENERAL

1.1 BIDDER

A. Name:

B. Address:

C. City, State, Zip:

D. Telephone:

E. E-mail:

1.2 CONSTRUCTION PROJECT

A. Project Name: 2026 Friction Mastic Surface Treatment Project

B. Project No: WVC STREETS 26-07

C. OWNER: West Valley City Corporation, a municipal corporation of the State of Utah, 3600 South Constitution Blvd, West Valley City, Utah 84119.

PART 2 REPORT

2.1 BIDDER STATUS REPORT

A. Bidder affirms the following information is true and correct.

1. Number of Employees:

2. Bidder’s firm is: (check the following as applicable)

Independently owned and operated An affiliate of A subsidiary of A division of A business with gross revenue in excess of $ A business with gross revenue below $

Document 00 43 38 – Bidder Status Report

*PARENT COMPANY:

Name:

Address:

Telephone:

Facsimile:

PART 3 EXECUTION

3.1 EFFECTIVE DATE

A. Bidder executes this status report and declares it to be a supplement to the Bid Form (Document 00 41 00) and in effect as of the day of ,20 .

3.2 BIDDER’S SUBSCRIPTION

A. Bidder’s Signature:

B. Please print Bidder’s name here:

C. Title:

END OF DOCUMENT 00 43 38

Document 00 52 00 – Agreement

.DOCUMENT 00 52 00

AGREEMENT

PART 1 GENERAL

1.1 CONTRACTOR

A. Name:

B. Address:

C. City, State, Zip:

D. Telephone:

E. Email:

1.2 OWNER

A. OWNER: West Valley City Corporation, a municipal corporation of the State of Utah, 3600 South Constitution Blvd, West Valley City, Utah 84119.

1.3 CONSTRUCTION PROJECT

A. Project Name: 2026 Friction Mastic Surface Treatment Project

B. Project No: WVC STREETS 26-07

1.4 ENGINEER

A. Erik Brondum, is the OWNER’S representative and agent for this Construction Contract who has the rights, authority and duties assigned to the ENGINEER in the Contract Documents.

1.5 CONTRACT DOCUMENTS

A. The Bid Documents, Agreement, Agreement Supplement, General Conditions, Supplementary Conditions, Specifications, Standard Specifications, WVC Minimum Sampling & Testing Requirements, Drawings, Standard Plans together with all Modifications issued pursuant to Article 3.3 of Section 00 72 00 of the APWA Utah Chapter - Manual of Standard Specifications, 2017 Edition.

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 (Document 00 43 00) are as follows:

1. Schedule No 1

C. An Agreement Supplement (Document 00 54 00) is not attached to this Agreement.

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

2.2 CONTRACT TIME

A. Contract Time shall be:

1. It is preferred that as much work be completed before weather conditions do not allow application of treatment in 2026. The work shall be completed by June 29, 2027.

2. Any time specified in work sequences in the Summary of Work (Document 01 11 00) shall be part of the Contract Time.

2.3 PUNCH LIST TIME.

A. The Work will be complete and ready for final payment within fifteen (15) days after the date CONTRACTOR receives ENGINEER’S Final Inspection Punch List unless exemptions of specific items are granted by ENGINEER 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 final 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: $300.00 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 (Document 00 72 00).

2. Late Punch List Time Completion: Fifty Percent (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. The Punch List shall be considered delivered on the date it is transmitted by facsimile, hand delivery or received by the CONTRACTOR by certified mail.

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 ENGINEER 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.

1. N/A

C. Survey Monuments: No land survey monument shall be disturbed or removed until ENGINEER has been properly notified and the ENGINEER’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 ENGINEER’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.

1. N/A

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 ENGINEER’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 judgement of the ENGINEER, the Work is not proceeding in accordance with the Contract Documents or when in ENGINEER’S judgement 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 ENGINEER’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 ENGINEER’S sole option, ENGINEER may authorize the release of up to all retained amounts except any liquidated damages and double ENGINEER’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 (Document 00 43 44), 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 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). 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 ENGINEER 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.

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 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 ENGINEER interpreting the requirements of the Contract

Documents may be appealed in writing to the ENGINEER. The ENGINEER’S decision shall be reduced to writing and a copy shall be mailed or otherwise furnished to the CONTRACTOR. The decision of ENGINEER shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the CONTRACTOR mails or otherwise furnishes to ENGINEER a written appeal to the City Engineer.

2. Within 15 days from the receipt of any such appeal, the City Engineer shall issue a decision in writing and mail or otherwise furnish a copy thereof to the CONTRACTOR. The decision of the City Engineer 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 Engineer 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 Engineer issuing the decision appealed from shall present the department’s case prior to deliberations of the Committee, otherwise the City Engineer shall be disqualified and excluded from the Committee’s decision process.

5. The decision…