2-26-06-11 WHC CHIP SEAL 2026-2027 062226 .pdf

Q:\WEST HAVEN CITY FOLDER\WORD DOCUMENTS\SPECIFICATIONS\SEAL and ROAD PROJECTS\2026-27 Road Projects\PreBid\BID DOC\26-06- 11 WHC CHIP SEAL 2026-2027 BONFIRE-BIDDER EVAL LANGUAGE BID DOC.docx

West Haven City

WEST HAVEN CITY 26-27 CHIP SEAL

Contract Documents & Construction Specifications

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June 22, 2026

TABLE OF CONTENTS

PART 1 – BIDDING AND CONTRACT PROCEDURES

1.1 – ADVERTISEMENT FOR BIDS .................................................................................................. 1-1

1.2 – INSTRUCTION TO BIDDERS ................................................................................................... 1-2

1.3 – BID FORM ........................................................................................................................... 1-12

1.4 – MEASUREMENT AND PAYMENT SUMMARY ...................................................................... 1-18

1.5 – BID BOND ........................................................................................................................... 1-25

1.6 – QUALIFICATIONS STATEMENT ........................................................................................... 1-27

1.7 – LIST OF SUBCONTRACTORS ................................................................................................ 1-34

PART 2 - AGREEMENT FORMS

2.1 – NOTICE OF AWARD .............................................................................................................. 2-1

2.2 – AGREEMENT BETWEEN OWNER AND CONTRACTOR .......................................................... 2-2

2.3 – NOTICE TO PROCEED............................................................................................................ 2-8

2.4 – PERFORMANCE BOND .......................................................................................................... 2-9

2.5 – PAYMENT BOND ................................................................................................................. 2-12

2.6 – APPLICATION FOR PAYMENT ............................................................................................. 2-15

2.7 – CERTIFICATE OF SUBSTANTIAL COMPLETION .................................................................... 2-18

2.8 – WORK CHANGE DIRECTIVE ................................................................................................ 2-19

2.9 – CHANGE ORDER ................................................................................................................. 2-20

2.10 – FIELD ORDER .................................................................................................................... 2-21

PART 3 - GENERAL CONTRACT CONDITIONS

3.1 - STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ............................ 3-1

3.2 - SUPPLEMENTARY CONDITIONS .......................................................................................... 3-70

PART 4. GENERAL TECHNICAL REQUIREMENTS

4.1 - SUMMARY OF AND APPROACH TO WORK ........................................................................... 4-1

4.2 - PROJECT COORDINATION ..................................................................................................... 4-3

4.3 - CONSTRUCTION SURVEYING ................................................................................................ 4-4

4.4 - ABBREVIATIONS .................................................................................................................... 4-5

4.5 - REFERENCE STANDARDS ....................................................................................................... 4-6

4.6 - PROJECT MEETINGS .............................................................................................................. 4-8

4.7 - CONTRACTOR SUBMITTALS ................................................................................................ 4-10

4.8 - QUALITY CONTROL ............................................................................................................. 4-13

4.9 - PROTECTION OF EXISTING FACILITIES ................................................................................ 4-15

4.10 - TEMPORARY FACILITIES AND CONTROLS ......................................................................... 4-17

4.11 - MATERIAL AND EQUIPMENT ............................................................................................ 4-18

4.12 - SITE ACCESS AND STORAGE .............................................................................................. 4-20

4.13 - ENVIRONMENTAL CONTROLS ........................................................................................... 4-21

4.14 - PROJECT CLOSE-OUT ......................................................................................................... 4-23

4.15 - APWA MANUAL OF STANDARD SPECIFICATIONS ............................................................. 4-24

PART 5. DRAWINGS

1) ROAD MAINTENANCE OVERALL MAP

2) ROAD MAINTENANCE SHEET -2

3) ROAD MAINTENANCE SHEET-3

4) ROAD MAINTENANCE SHEET-4

EJCDC® C-111, Suggested Advertisement for Bids for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1-1

PART 1

SECTION 1.1 – INVITATION TO BID

INVITATION TO BID

Sealed Bids for the construction of the WEST HAVEN CITY 26-27 CHIP SEAL will be received by West Haven City at the District office, 4150 S 3900 W, West Haven, UT 84401, until 2:00 PM local time on Wednesday, 7/8/2026, at which time the Bids received will be publicly opened and read aloud.

The Project consists of: Placement of chip seal on various roads in West Haven City. Contractor will provide aggregate to be used for chip seal to include Fog Seal Coat. Contractor to propose schedule that does not interrupt business traffic and school access. The project shall be governed by the contract documents.

The successful bidder will be responsible for meeting all bonding, traffic control, encroachment permit, and other requirements imposed by West Haven City at no additional cost to OWNER.

Bid security shall be furnished in accordance with the Instructions to Bidders. The contracts will be awarded, if they are to be awarded based on this solicitation, to a responsive, responsible bidder.

The Issuing Office for the Bidding Documents is: U3P Bonfire @ https://utah.bonfirehub.com/ observed by Gardner Engineering; 1580 W 2100 S, West Haven, UT 84401; 801.476.0202; Project Engineers Ryan Christensen, Trigunakar Goru, trigunakar@gecivil.com.

Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office.

PDF copies of the Bidding Documents may be obtained on or after 6/24/2026 by downloading them electronically via U3P-Bonfire. Formal Questions need to be posed by email to trigunakar@gecivil.com or on U3P Bonfire, the question deadline is 7/2/2026 by 5:00PM.

There will not be a Pre Bid Conference.

In accordance with Utah Code 63G-6a-112(2)(b)(iii) this Invitation is posted on the District’s website.

https://utah.bonfirehub.com/

EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1-2

SECTION 1.2 - INSTRUCTIONS TO BIDDERS

ARTICLE 1 - Defined Terms

1.02 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued.

ARTICLE 2 - Copies of Bidding Documents

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

2.04 All provisions (except Document 00 72 00) of the Manual of Standard Specifications and Manual of Standard Plans Latest Edition published by the Utah Chapter of the American Public Works Association (APWA) which are applicable to the work are made a part of the Contract Documents by reference.

A. The APWA-Utah Chapter publications may be purchased online, as a set, at http://utah.apwa.net/PageDetails/11118 as outlined on the website.

ARTICLE 3 - Qualifications of Bidders

3.01 To demonstrate Bidder’s qualifications to perform and oversee coordination of the Work, Bidder shall submit with its Bid the following information:

A. GENERAL CONTRACTOR: Evidence of successful completion and management of at least five projects of a similar scope in the last 5 years, including contact information for the owner and engineer of said projects, one of which must be the Owner if the Bidder has worked under contract with the Owner in the last 5 years. Any and all actual or threatened legal proceedings or disputes related to such prior projects shall be disclosed in sufficient detail to allow the Owner to determine the scope and outcome of any such proceedings or disputes.

1. References will be checked. The successful bidder shall receive positive reviews from at least 80% of the references on the 5 projects provided, as related to quality of work, reasonableness of change orders, promptness, and safety procedures. Selection will be based on value to the District, not necessarily lowest bid price.

B. GENERAL CONTRACTOR: List all contracts with Owner from the last five years and enumerate any breach of contract, any approved or rejected change orders, and any disputes over time or completion of the project. This information shall include all formal or informal action between the Owner and general contractor.

C. Attachments as enumerated in Article 7 of the Bid Form.

D. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, “Subcontractors, Suppliers, and Others.”

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1-3

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 - Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

1. Use of the Site and/or adjacent properties by the Contractor requires that the Contractor restore the Site and and/or adjacent properties, together with any fences or structures thereon, to a condition as close as reasonably possible to, or better than, the condition of said properties before the commencement of the Work, or as otherwise explicitly noted in the Contract Documents.

2. Property either owned by the Owner or within permanent or temporary easements are as shown on the Drawings.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1-4 the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct any desired Site visit, that may be in addition to the pre-bid meeting, if held, as stated in Section 1.1, by appointment only, during normal working hours, and shall not disturb any ongoing operations at the Site.

1. Site visit appointments may be arranged by contacting the Owner at least 24 hours in advance of the desired Site visit.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1-5

ARTICLE 5 - Bidder’s Representations

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work;

and

J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1-6

ARTICLE 6 - Pre-Bid Conference

6.01 There will not be a Pre Bid Conference.

ARTICLE 7 - Interpretations and Addenda

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 8 - Bid Security

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents or the comparable American Institute of Architects (AIA) form) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

ARTICLE 9 - Contract Times

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 - Liquidated Damages

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 - Substitute and “Or-Equal” Items

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 3 days prior to the date for receipt of Bids. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 - Subcontractors, Suppliers, and Others

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1-7

Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.

12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed to supply or provide materials or services exceeding $5,000.00.

If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. Information submitted and review of such shall be substantially the same as that required of the General Contractor in Article 3.01 A. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 - Preparation of Bid

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.05 A Bid by an individual shall show the Bidder’s name and official address.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1-8

13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.07 All names shall be printed in ink below the signatures.

13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.10 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 - Basis of Bid

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form.

14.05 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

ARTICLE 15 - Submittal of Bid

15.01 A copy of the Bid Form (or the equivalent AIA form) is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

15.02 A Bid shall be received no later than the date and time prescribed and at the place and in the manner indicated in the advertisement or invitation to bid.

A. If a hard copy is submitted, it shall be enclosed in a plainly marked package with the Project title, the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to West Haven City, 4150 S 3900 W, West Haven, UT 84401.

B. Acknowledgement of addenda and resulting bid submittal changes may be submitted electronically prior to Bid Opening to the Contact listed in the Invitation to Bid and will be considered valid.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1-9

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 16 - Modification and Withdrawal of Bid

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 - Opening of Bids

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly (or in the case of electronic submittals, a previously-printed copy will be read). An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 - Bids to Remain Subject to Acceptance

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 - Evaluation of Bids and Award of Contract

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible or responsive. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner may reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

19.02 If Owner awards the contract for the Work, such award shall be based on the following:

A. The Contract will be awarded to the responsible bidder with more than 80% of the references providing a positive review of the Bidder as related to quality of work, reasonableness of change orders, promptness, and safety procedures.

B. Demonstrated capability to perform all aspects of the project on a timely basis.

C. Demonstrated ability to provide requested services.

D. The lowest bid price of Bidders satisfying A, B, and C, above.

19.03 Evaluation of Bids

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1-10

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. For the determination of the apparent low Bidder, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. Contract will be awarded based on the total bid being the sum of Schedule A and Schedule B.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder;

the fulfillment of other contracts and completion of other projects as presented in Section 3.01 as presented in Section 3.01 by Bidder; and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 20 - Bonds and Insurance

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 - Signing of Agreement

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 10 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 - Miscellaneous Requirements

22.01 Status Verification: The successful bidder shall register and participate in the Status Verification System outlined in Utah Code 63G-12-302.

EJCDC® C-410, Bid Form for Construction Contracts.

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SECTION 1.3 - BID FORM

West Haven City - WEST HAVEN CITY 26-27 CHIP SEAL

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

4150 S 3900 W, West Haven, UT 84401

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1-12 obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1-13

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following prices:

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1-14

(per APWA Latest Standards – See section 4.15)

CONTRACTOR RESPONIBLE FOR PURCHASE OF CHIPS. WEST HAVEN WILL PROVIDE STOCK PILING AREA FOR CHIPS PRIOR TO CONSTRUCTION LOCATED AT THE RODEO ARENA AT THE WEST HAVEN COUNTRY

PARK ON 3300 SOUTH.

Item Description Quantity Unit Price Total

Light weight Chip Seal (Type “C”)

With Fog Application 26,382 SY

2 Traffic Control 1 LS

3 Mob 1 LS

* NOTE: QUANTITIES ARE APPROXIMATE AND WILL VARY 20% FROM THE AMOUNT PROVIDE. ALL BID PRICING PROVIDED BY THE CONTRACTOR SHALL BE HELD FOR QUANTITIES DIFFERENTIATING 20% FROM

QUANTITY AMOUNTS SHOWN.

Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

Total Bid Price $

Total Bid Price (In words)

Bonds required under Paragraph 6.01 of the General Conditions will be based on the Contract Price.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1-15

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security (See Article 8 of Section 1.2);

B. List of Proposed Subcontractors (See Section 1.7);

C. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids;

D. Contractor’s License No.: __________ [or] Evidence of Bidder’s ability to obtain a State Contractor’s License and a covenant by Bidder to obtain said license within the time for acceptance of Bids;

E. Required Bidder Qualification Statement with supporting data (See Section 1.6);

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1-16

ARTICLE 9 – BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By:

[Signature]

[Printed name]

(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

[Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Contact Name and e-mail address:

Bidder’s License No.:

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SECTION 1.4 - MEASUREMENT AND PAYMENT SUMMARY

1.4.1 GENERAL: Refer to General Conditions for general definitions and responsibilities.

1.4.2 QUANTITIES DETERMINATION: All work completed under this contract shall be in accordance with the plans and specifications and will be measured by the ENGINEER. The quantities appearing on the Bid Schedules are approximate only, and are prepared for the comparison of bids.

Payment to the Contractor on bid items with unit prices other than "Lump Sum" will be made for actual quantities of work performed and accepted, or material furnished in accordance with the Contract. The scheduled quantities of work to be done and materials to be furnished may be increased or decreased.

The OWNER will not pay restocking charges for materials not used and returned to the supplier.

1.4.3 LINEAL FOOT MEASUREMENT: Where payment for piping is to be made at a unit price per lineal foot, measurement shall be made along the centerline of the pipe through valves, manholes, and fittings, to centerlines or ends of connecting lines and to limits of payment for other bid items.

1.4.4 BROKEN OR DAMAGED MATERIALS: Broken or damaged materials will not be accepted or paid for. Payment will be made by the OWNER only for the materials listed in the Bid Schedule, installed, complete and in place.

1.4.5 LUMP SUM: The term "Lump Sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure, portion of work, or unit is specified "Lump Sum" as the unit of measurement, the unit will include fittings, accessories, and all work necessary to complete the work as shown on the plans and as specified.

1.4.6 MOST NEARLY ACCOMMODATING UNIT BID ITEM: Unless otherwise provided in the specifications, payment for work items for which no bid item specifically provides for separate measurement and payment shall be made as a part of the price shown on the bid which such item most nearly accommodates.

1.4.7 FULL COMPENSATION: The CONTRACTOR shall receive and accept compensation provided for in the contract as full payment for furnishing all materials and for performing all work under the contract in a complete and acceptable manner and for all risk, loss, damage, or expense of whatever character arising out of the work or the execution thereof.

1.4.8 PAYMENT AND TEST REQUIREMENTS: Payment will be withheld for any material or work not completed in accordance with these specifications and/or not passing specified prepayment tests.

1.4.9 NON-PAYMENT ITEMS: Non-Payment Items. The Contractor shall not be paid separately for the following items, unless specifically included as a separate bid item. The costs associated with these items should be included in the unit prices for other items on the Bid Schedules.

A. All materials, labor and equipment required to excavate, uncover, remove, replace, or reconstruct any facility or improvement that was not properly inspected and tested at the time of installation as required by these specifications.

B. All construction de-watering and dust control costs.

C. All items required to be finished on the final inspection “Punch List”.

D. All removal and replacement of concrete, road base or bituminous materials required due to faulty materials or workmanship.

E. All over excavation required due to errors or other judgmental decisions and assumptions on the part of the Contractor.

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F. Repairs to any existing utilities including, but not limited to power lines, water laterals, gas lines and irrigation/sprinkler lines.

G. Damage to public or other physical facilities…