2-900 W. Overflow Lot Project Manual.pdf

Title Page 00 00 10 - 1

CITY OF SOUTH SALT LAKE

South Salt Lake City, Utah

PROJECT MANUAL

FOR

SSL 3291 S 900 West Fence Project

PREPARED BY

The City of South Salt Lake Facilities Department

October 2025

Table of Contents 00 00 30 - 1

DOCUMENT 00 00 30

T A B L E O F C O N T E N T S

3291 S 900 West Fence Project

Reference No. of Number Title Pages

PART I. INTRODUCTORY INFORMATION

00 00 10 Title Page 00 00 30 Table of Contents

00 10 00 Invitation to Bid

PART II. BIDDING REQUIREMENTS

BID FORM DOCUMENTS

00 40 00 Bid 00 42 00 Bid Security

BID ATTACHMENTS

00 45 30 Subcontractor and Supplier Report

PART III. CONTRACTING REQUIREMENTS

AGREEMENT FORMS

00 50 00 Agreement Template

AGREEMENT ATTACHMENTS

00 60 50 E Verify Form 00 61 00 Performance Bond 00 62 00 Payment Bond 00 65 00 Certificate(s) of Insurance

SUPPLEMENTARY CONDITIONS

Reference No. of Number Title Pages

Table of Contents 00 00 30 - 2

PART IV. TECHNICAL SPECIFICATIONS

1. All work and materials shall conform to the latest editions of the Manual of Standard Plans and Manual of Standard Specifications prepared by the Utah Chapter of the American Public Works Association unless noted otherwise. All divisions and sections refer to the latest edition of the Manual of Standard Plans and Manual of Standard Specifications except where specified or noted.

2. Supplementary specifications supersede APWA plans and specifications where noted.

3. Specifications and notes on the drawings replace APWA plans and specifications.

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 Summary of Work 01 26 00 Contract Modification Procedures 01 33 00 Submittal Procedures 02 82 40 Wood Composite Fence………………………………………………………………...6

END OF TABLE OF CONTENTS

Invitation to Bid 00 10 00 - 1

DOCUMENT 00 10 00

INVITATION TO BID

PART 1 GENERAL

1.1 CONSTRUCTION CONTRACT

A. Bidders are invited to bid on Construction Contract known as South Salt Lake City 900 W Overflow Lot Perimeter Fence

B. The location of the work is:

Parking lot at 3291 S 900 West in South Salt Lake City.

C. The work to be performed consists of furnishing and installing the equipment, facilities, services and appurtenances thereto as included in the Contract Documents.

The Work generally includes, but is not limited to, the following:

Provide and install new fencing as specified in the Scope of Work.

D. For information about the award of this Construction Contract, contact Ariel Andrus at 801-483-6019 .

1.2 BID LOCATION AND OPENING

A. Bids must be submitted through the Utah Public Procurement Place website (Bonfire) by 3:00 PM Thursday, November 13th, 2025. Bids received after 3:00 PM. will not be accepted. There will not be a public bid opening.

1.3 BID SECURITY

A. Bid security in the amount of 5.0 percent 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.

1.4 PRE-BID CONFERENCE

A site walk will be conducted on Thursday, November 6th, 2025 at 10:00

AM. 1.5 BASIS OF BIDS

A. Bids shall be on a unit price basis. Unsealed or segregated Bids will not be accepted.

B. The CONTRACTOR shall combine all required bidding documents to ONE document in PDF format. Bids that come with more than one document or not in the format of PDF will not be accepted.

1.6 CONTRACT TIME

Invitation to Bid 00 10 00 - 2

A. The CONTRACTOR shall begin work on a date mutually agreed upon by the CONTRACTOR, and the Owner, but no later than the dates shown below for each bid schedule. One construction work is started on a bid schedule/segment, the CONTRACTOR shall complete all work related to that bid schedule within the number of calendar days shown. See Bid Schedule Form 00 41 01 for details.

B. Begin work after the execution of Construction Contract.

1.7 EXAMINATION AND PROCUREMENT OF DOCUMENTS

A. Complete sets of Contract Documents may be available on Utah Public Procurement Place website Bonfire.

B. Complete sets of Contract Documents may also be examined and obtained from the CITY RECORDER via email at aandrus@sslc.gov.

1.8 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.

1.9 VALIDITY PERIOD FOR BIDS

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

OWNER.

1.10 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.

B. Bidders on this Work will be subject to the applicable provisions of all federal rules, laws and regulations or orders.

C. In compliance with Americans with Disabilities Act, (ADA) the following information is provided: FAX Number 801-483-6060 , TDD Number 801-412-3223 , Contact person: Brent Dyer .

END OF DOCUMENT

mailto:aandrus@sslc.gov

Bid 00 40 00 - 1

DOCUMENT 00 40 00

BID

PART 1 GENERAL

1.1 BID PROPOSAL

A. After having personally and carefully examined all conditions surrounding the Work and the Contract Documents, the undersigned proposes to furnish all labor, equipment, tools and machinery and to furnish and deliver all materials not specifically mentioned as being furnished by the OWNER, which is required in and about the construction of the Construction Contract known as

SSL 3291 S 900 West Fence Project

B. The undersigned proposes to complete the Work for the price or prices listed in the Bid Schedule (Document 00 41 00) and understands that quantities for Unit Price Work are not guaranteed.

C. The undersigned proposes to furnish bonds with the Contract, signed by a surety company satisfactory to the OWNER, in an amount equal to the Contract amount conditioned to insure compliance with all requirements of the Contract Documents.

D. The undersigned encloses a certified check, cashier's check, cash, or a Bid Bond for

________________________________________________ Dollars ($ ____________) which is (five (5) percent of the Bid amount) payable to the OWNER, as a guarantee of good faith, and which it is agreed will be forfeited to the OWNER as liquidated damages in the event of the failure of the undersigned to enter into a contract and furnish satisfactory bonds to the OWNER.

E. The undersigned proposes to execute the attached contract within five (5) days after the Notice of Intention to Award, and to begin work within ten (10) days after being notified to do so by the OWNER.

F. If OWNER finds it necessary to further define the Work, Contract Price, Contract Time or some other portion of the Construction Contract, after Bid opening, the Bidder promises to execute an Agreement Supplement prior to or concurrent with the execution of the Agreement, if the Agreement Supplement is acceptable to the Bidder.

G. It is understood that the OWNER has the right to reject this proposal or to accept it at the prices listed in the Bid Schedule.

Bid 00 40 00 - 2

PART 2 EXECUTION

2.1 BIDDER

A. The Bidder is as follows

Name:

Address:

Telephone number:

Facsimile number:

Tax identification number:

B. Bid Amount______________________________________________________Dollars

C. Bidder holds license number _______________________________________, issued on the _____ day of ________________________, ________, by the Utah State Department of Commerce, Division of Occupational and Professional Licensing.

Bidder is licensed to practice as a ___________________________ Contractor.

License renewal date is the ___________ day of ________________, _______.

D. The undersigned hereby acknowledges receipt of the following Addenda.

(list Addenda numbers here)

2.2 BIDDER'S SUBSCRIPTION

A. Date: _________________________

B. Bidder's Signature:

C. Please print Bidder's name here:

D. Title:

Bid Security 00 42 00 - 1

DOCUMENT 00 42 00

BID SECURITY

The Bid Security may be in the form of Bid Bond, Certified Check, Cashier Check, or Cash. If a Bid Bond is used, CONTRACTOR to provide its own form.

Subcontractor and Supplier Report 00 45 30 - 1

DOCUMENT 00 45 30

SUBCONTRACTOR AND SUPPLIER REPORT

PART 1 GENERAL

1.1 BIDDER

A. Name:

Address:

B. Telephone Number:

Email Address:

1.2 CONSTRUCTION CONTRACT

A. The Construction Contract is known as 900 West Parking Lot

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.

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 2 percent of the Bid sum) are set forth as follows.

Subcontractor and Supplier Report 00 45 30 - 2

Table 1 - BASE BID

SUBCONTRACTORS

Name and Address Nature and Extent of Work to be Sublet Amount

1.

2.

3.

SUPPLIERS

Name and Address Nature and Extent of Work to be Sublet Amount

1.

2.

3.

4.

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 and in effect as of _____________________________,

3.2 BIDDER'S SUBSCRIPTION

A. Bidder's signature:

B. Please print Bidder's name here:

C. Title:

Agreement 00 50 00 - 1

DOCUMENT 00 50 00

AGREEMENT

ON this ____ day of _______________, 2025, this Agreement (“Agreement”) is entered into between the City of South Salt Lake (“CITY”) and ____________________ (“CONTRACTOR”) regarding the “2025 South Salt Lake City 900 West Parking Fencing” (“Project”). CITY and CONTRACTOR agree as follows:

PART 1 GENERAL

1.1 THE PROJECT.

CONTRACTOR shall complete the Project that is generally described as:

Construction of a city facility at 3291 S 900 West. The scope of work includes supply and install new fencing around property as shown on plan. Install owner provided mechanical gate.

The CONTRACTOR responded to an Invitation to Bid (00 10 00) with a Bid Schedule (00 41 00), both of which are incorporated into this Agreement by this reference.

CONTRACTOR shall exercise the same degree of care, skill, and diligence in the completion of the Project as is ordinarily possessed and exercised by a member of the same profession who is currently practicing under similar circumstances.

CONTRACTOR shall furnish all labor, equipment, tools, and machinery necessary to complete the Project.

1.2 SCOPE OF WORK.

The Scope of Work to be performed by CONTRACTOR is outlined in the project plans and bid schedule.

See Project Plans and bid schedule for scope of work.

1.3 CITY REPRESENTATIVE.

CITY will assign a project supervisor to oversee the daily progress of the Project. CONTRACTOR may communicate with CITY through the assigned project supervisor; however, only the City Mayor shall have authority to approve a Change Order.

PART 2 TIME AND MONEY CONSIDERATIONS

2.1 TIME TO COMPLETION OF AGREEMENT.

The Project shall be completed by agreed upon date. The Project shall begin upon execution of this Agreement.

2.2 TIME OF THE ESSENCE/LIQUIDATED DAMAGES.

Time is of the essence to complete the Project.

2.3 CONTRACT PRICE/PAYMENT.

A. Compensation: The contract price is $________________. No additional amounts shall be owed by CITY. Any additional Compensation must be authorized by the Mayor. CITY reserves the right, pursuant to Utah Code Ann. § 13-8-5 to hold as retainage up to five percent (5%) of the contract price until all work is completed to its satisfaction. The Contractor agrees to receive payment only upon completion of the Project.

00 50 00 - 2

B. Method and Time of Payment:

i. CONTRACTOR shall submit monthly invoices to the CITY for work completed to date.

All such invoices shall (a) provide an itemization of Services performed during the previous month, (b) indicate the percentage of each Service that has been completed by CONTRACTOR as of the date of the invoice, and (c) indicate the total amount charged for each Service during the previous month.

ii. CITY shall reimburse CONTRACTOR within thirty (30) calendar days after the receipt of each invoice.

iii. CONTRACTOR shall maintain complete records of all costs incurred under this Agreement. All such records shall be maintained on a generally accepted accounting basis for a minimum period of five (5) years after final payment is made under this Agreement and shall be clearly identifiable and readily accessible to authorized representatives of the CITY for inspection and audit.

C. Compensation After Termination: In the event that this Agreement is terminated as provided below, the CONTRACTOR shall be compensated for all hours worked and other expenses incurred under this Agreement prior to the date of receipt of the termination notice or other termination date specified in such notice. The CONTRACTOR and any of its subcontractors, agents and legal representatives agree to accept this amount of compensation in full satisfaction of all claims for compensation under this Agreement.

2.4 TAXES.

The CITY is a sales tax-exempt entity, with a sales and use tax exemption number of 11762769-200-STC.

As such, sales and use tax is not applicable to orders placed by the CITY.

2.5 CONTRACTOR’S AWARENESS OF CONTRACT TERMS AND SITE CONDITIONS.

CONTRACTOR acknowledges the following: (1) it has reviewed this Agreement with all its addenda and agrees that it is generally sufficient to furnish understanding of all terms and conditions necessary to perform the Project; (2) it understands the rising and falling price of goods and materials, and by accepting the contract price above, it accepts the risk or the benefit of such market shifts; (3) it has visited the Project site, is familiar with it and is satisfied with site conditions and weather conditions that may affect the cost, progress or performance of the Project; (4) it is familiar with all local, state and federal laws and regulations that may affect the cost, progress or performance of the Project; (5) it has performed any explorations or tests necessary to become familiar with the subsurface conditions at the site that may affect the cost, progress or performance of the Project; and (6) it is familiar with all physical conditions relating to existing surface and subsurface conditions, including utilities, which are at or contiguous to the site that may affect the cost, progress or performance of the Project and assumes all responsibility for timely and accurate location of all underground facilities.

2.6 INSURANCE.

A. Before the Project is initiated CONTRACTOR shall deliver to CITY a certificate of insurance demonstrating that CONTRACTOR has in effect liability and other insurance appropriate to provide protection from claims arising from the Project resulting from the acts or omissions of CONTRACTOR, its agents or employees and all subcontractors or suppliers as well as their agents or employees, for whom CONTRACTOR may be liable. The certificate of insurance will demonstrate that CONTRACTOR has, at minimum the following types of insurance coverage:

i. Workers’ Compensation Insurance: Statutory workers' compensation insurance (Part A).

Such insurance shall also include employer’s liability (Part B) insurance in a limit of not less than $1,000,000 for each: accident, disease, and employee. No owner or officer may be excluded; or if any exclusions exist, no excluded proprietor, partner, executive officer, or

00 50 00 - 3 member, specifically including Gary Broderick and Kent Henderson, may perform any work pursuant to this agreement.

ii. General Liability Insurance: Commercial general liability insurance on an occurrence basis arising out of claims for bodily injury (including death) and property damage. Such insurance shall provide coverage for ongoing operations and products-completed operations, blanket contractual, broad form property damage, personal and advertising injury, independent contractors and sudden and accidental pollution liability (pollution liability arising out of a hostile fire) with not less than $2,000,000 per occurrence limit combined bodily injury and property damage, with not less than $3,000,000 aggregate limit, provided the general policy aggregate shall apply separately to the Contractor on a per project basis. (For large public works projects such as construction of streets, the per occurrence limit could require $5,000,000 and a $10,000,000 Aggregate limit.) Any aggregate limit that does not apply separately to the premises shall be at least double the required per occurrence limit.

iv. Professional Liability (Errors & Omissions): Professional Liability Insurance (Errors & Omissions insurance) for CONTRACTOR’s liability arising out of the rendering of professional services, including faulty workmanship, or any other professional service, including construction management and design related work in an amount not less than $2,000,000 each claim, $3,000,000 aggregate. (For large public works projects such as construction of streets, the per occurrence limit could require $5,000,000 and a $10,000,000 Aggregate limit.) CONTRACTOR shall provide a certificate of insurance verifying coverage for a period of not less than three years after project completion.

v. Automobile liability insurance: Automobile liability insurance for the CONTRACTOR’s liability arising out of the use of owned (if any), leased (if any), non-owned and hired vehicles of the CONTRACTOR, with no less than one million ($1,000,000.00) limit per accident for combined bodily injury and property damage and containing appropriate no-fault insurance provisions wherever applicable. All owned and/or leased automobiles shall be covered using symbol “1” (any auto).

B. Endorsements:

i. Additional Insured Endorsements: All policies of liability insurance, except Professional Liability or Errors and Omissions Liability, required to be maintained by the CONTRACTOR shall be endorsed to name the CITY as an additional insured for ongoing operations (ISO CG 20 10 or equivalent) and completed operations (ISO CG 20 37 or equivalent) (except for insurance policies required in Sections 12(A), and (C).

ii. Primary and Non-Contributory Endorsements: The CONTRACTORs insurance coverage shall be a primary insurance as respects to the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.

iii. Waiver of Subrogation Endorsements: The CONTRACTOR hereby waives any and every claim for recovery from the CITY, Lenders and their respective officers and employees for any and all loss or damage covered by any of the insurance policies to be maintained under this Agreement to the extent that such loss or damage is recovered under any such policy.

To the extent the foregoing waiver, except Professional Liability or Errors and Omissions Liability, would preclude coverage under any insurance required by Section 12, the CONTRACTOR shall give written notice of the terms of such waiver to each insurance company which has issued, or which may issue in the future, any such policy of insurance (if such notice is required by the insurance policy) and shall cause each such insurance policy

00 50 00 - 4 to be properly endorsed, or to otherwise contain one or more provisions that prevent the invalidation of the insurance coverage by reason of such a waiver.

C. Excess/Umbrella Liability Insurance: The amounts of insurance required in the foregoing subsections may be satisfied by the CONTRACTOR purchasing coverage in the amounts specified or by any combination of primary and excess or umbrella insurance, so long as the total amount of insurance meets the required limits specified above. Evidence of excess liability or umbrella policies shall include a schedule of underlying coverages.

D. The insurance shall be provided by an insurance carrier with a rating of A- or better as rated by AM

Best. The certificate(s) of insurance (00 65 00) shall be incorporated by this reference.

2.7 PERFORMANCE AND PAYMENT BONDS.

CONTRACTOR shall be required to post a Payment Bond and Performance Bond to cover this project, in the event of non-performance by CONTRACTOR, or non-payment by CONTRACTOR to a supplier or subcontractor. Performance Bond (00 61 00) and Payment Bond (00 62 00) are incorporated by this reference.

2.8 CITY’S DUTY TO PROVIDE THE SITE.

CITY shall furnish the site. CITY will notify CONTRACTOR of any encumbrances or restrictions specifically related to the use of the site with which CONTRACTOR must comply. CITY will obtain any necessary easements. CITY will obtain permission required for CONTRACTOR to have access to the site.

2.9 PROTECTION OF PERSON AND PROPERTY.

CONTRACTOR is solely responsible for safety measures in connection with the Project. CONTRACTOR shall take appropriate measures to prevent damage, injury or loss to: (1) all persons on the site or who may be affected by the Project; (2) all labor, materials and equipment to be incorporated into the Project; (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities. CONTRACTOR shall comply with all applicable laws and regulations relating to the safety and protection of persons or property. CONTRACTOR shall erect and maintain all necessary safeguards for such safety and protection. If CONTRACTOR must enter a confined space, it shall have all personnel and monitoring equipment on site necessary to comply with all Federal, State, Local and any other applicable regulatory agency’s safety guidelines (such as OSHA). A Confined Space Entry Permit shall be properly completed before entering a confined space. CONTRACTOR shall be responsible to erect and maintain all necessary traffic barricades and to provide all necessary traffic control. CONTRACTOR shall notify owners of adjacent property, including Blue Stakes notification to underground utility owners and shall cooperate with them in the protection, removal, relocation or replacement of their property. Any damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by CONTRACTOR, any subcontractor, supplier, individual or entity performing the Project, shall be remedied by CONTRACTOR.

2.10 SUPERVISION/LABOR/SUBCONTRACTORS.

CONTRACTOR shall supervise the Project competently, devoting such attention and applying such skill and expertise as may be necessary to perform the Project in accordance with the Agreement.

CONTRACTOR is responsible for the means, methods, techniques, sequences and procedures of performing the Project. CONTRACTOR shall assign a competent superintendent who will be its representative at the site and shall have the authority to act on its behalf. All communications given to or received from the superintendent shall be binding on CONTRACTOR. CONTRACTOR shall provide qualified and competent personnel to complete the Project. CONTRACTOR shall at all times maintain good discipline and order at the site. CONTRACTOR shall not employ any subcontractor or supplier if CITY reasonably objects. CONTRACTOR shall be fully responsible to CITY for its own acts and omissions as well as the acts and omissions of all subcontractors and suppliers performing the Project. This Agreement does not create a contractual relationship between CITY and any subcontractor or supplier.

00 50 00 - 5

CITY’s only payment obligation under this Agreement is to CONTRACTOR. CONTRACTOR shall require all subcontractors and suppliers to communicate with the CITY through CONTRACTOR.

2.11 MATERIAL AND EQUIPMENT/WARRANTY.

All materials and equipment incorporated into the Project shall be as specified or, if not specified, shall be of good quality and new, unless otherwise provided in this Agreement. CONTRACTOR warrants and guarantees to CITY that all workmanship, material and equipment will be in accordance with this Agreement and will not be defective. In recognition of the difficulties that may arise in proving the cause of a defect in materials or workmanship, CITY and CONTRACTOR agree that any such defect which manifests itself within one year of completion of this Agreement will have been caused by the improper workmanship, material or equipment of CONTRACTOR.

2.12 INDEMNIFICATION.

To the fullest extent permitted by law, CONTRACTOR agrees to indemnify and hold harmless CITY from and against all claims, costs, losses and damages, including attorney fees, arising out of the performance of this Agreement, provided that any such claim, cost, loss, or damage: (1) is attributable to bodily injury, sickness, disease, death, injury to tangible property, loss of use of property, including interruption of business; and (2) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any subcontractor or supplier for whom CONTRACTOR is responsible, regardless of whether caused in part by any negligent act or omission of CITY.

2.13 VARIATIONS IN THE PROJECT.

CITY’s project supervisor may authorize minor variations in the Project from this Agreement that do not involve adjustment in the contract price or time and that are consistent with the intended design of the completed Project.

2.14 CHANGE ORDERS.

CITY may order additions, deletions, or revisions to the Project by a written amendment to this Agreement or by Change Order. Upon receipt of such document, CONTRACTOR shall promptly perform the work involved. There will be no increase in the contract price or time for any work performed that is not required by this Agreement, written modification to this Agreement, or Change Order. Change Orders shall be in writing, signed by CITY’s Mayor and CONTRACTOR, specify the precise change and any adjustment in the contract price and/or time.

2.15 DELAYS.

CONTRACTOR shall not be responsible for delays due to neglect of utility owners, fire, floods, epidemics, abnormal weather conditions or acts of God. The contract time shall not be extended due to delays within the control of CONTRACTOR, subcontractors or suppliers. Where CONTRACTOR is prevented from completing any part of the Project within the contract time due to delay beyond the control of CONTRACTOR, an extension of the contract time in an amount equal to the time lost due to the delay shall be the sole remedy.

2.16 INSPECTIONS.

CITY’s representatives shall have access to the site and the Project at all reasonable times. CONTRACTOR shall give CITY timely notice of readiness of the Project for all required tests and inspections. CITY will not charge CONTRACTOR a fee for tests and inspections it performs itself unless requested after normal work hours or on Saturdays or Sundays. If any work that is to be inspected, tested or approved is covered by CONTRACTOR without the approval of CITY it must, if requested, be uncovered for inspection at CONTRACTOR’s expense.

PART 3 EXECUTION

3.1 STOPPING THE PROJECT.

CITY, at its sole discretion, may order CONTRACTOR to stop the Project if any of the following occur:

00 50 00 - 6

(1) workmanship, material or equipment is defective; (2) CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment; or (3) CONTRACTOR fails to perform the Project in such a way that the completed Project will conform to this Agreement.

3.2 DEFECTIVE WORK.

CITY’s representative will have authority to reject workmanship, material, or equipment which CITY reasonably concludes: (1) is defective; (2) will not produce a completed Project that conforms to this Agreement; or (3) will prejudice the integrity of the Project as a functioning whole. CONTRACTOR shall correct all defective workmanship or, if rejected by CITY, remove it from the project and replace it with workmanship, material or equipment that is not defective.

3.3 COMPLETION.

When CONTRACTOR considers the Project ready for its intended use, it shall notify CITY that the Project is substantially complete. Promptly upon receiving notice, CITY shall make an inspection. If CITY does not agree that the Project is substantially complete, it will notify CONTRACTOR giving the specific reasons. If CITY does consider the Project substantially complete, it will so certify in writing and provide a written list of items that remain to be corrected or completed. Upon notice from CONTRACTOR that the entire Project is complete, CITY will promptly make a final inspection with CONTRACTOR and will notify CONTRACTOR in writing of any aspect of the Project that remains incomplete or defective.

CONTRACTOR shall immediately take such steps as are necessary to make such corrections.

3.4 STATUS VERIFICATION SYSTEM.

CONTRACTOR hereby certifies that it is registered and participates in a Status Verification System, as defined by Utah Code Ann. § 63G-12-301, in order to verify the work eligibility of its employees.

CONTRACTOR is solely responsible for ensuring registration and participation in the Status Verification System. CONTRACTOR also certifies that any subcontractor employed by CONTRACTOR is also enrolled and participates in a Status Verification System. CONTRACTOR will provide, within five days of request by the CITY, proof of enrollment and participation in the system.

3.5 FINAL PAYMENT.

After CONTRACTOR has satisfactorily completed all corrections identified during the final inspection, it may make application for final payment. Upon receipt of the application for final payment, if CITY verifies that all corrections identified in the final inspection have been completed, final payment will become due within thirty (30) days of the application.

3.6 COMPLIANCE WITH THE LAW.

The parties shall comply with all applicable local laws, Utah laws, including the Utah Data Privacy Act and federal laws and regulations in the performance of the obligations under this Agreement.

3.7 PUBLIC CONTRACT BOYCOTT RESTRICTIONS.

In accordance with Utah Code 63G-27 et seq., CONTRACTOR certifies that it is not currently engaged in any “economic boycott” nor a “boycott of the State of Israel” as those terms are defined in Section 102.

CONTRACTOR further certifies that it has read and understands 63G-27 et. seq., that it will not engage in any such boycott action during the term of this Contract, and that if it does, it shall promptly notify the OWNER in writing.

3.8 ELECTRONIC COPIES.

The Parties agree that electronic copies of this Agreement, including the signature page, shall be sufficient evidence of the contents of this Agreement, without reference to the original, signed copy.

3.9 RESOLVING DISPUTES.

This Agreement shall be governed by the laws of the state of Utah.

00 50 00 - 7

3.10 THE AGREEMENT.

This Agreement shall consist of the following documents:

(1) Agreement (00 50 00);

(2) Bid Documents (00 10 00, 00 41 00);

(3) Certificate(s) of Insurance (00 65 00); and

(4) Bonds (00 61 00, 00 62 00).

If there are any conflicting provisions between the Agreement and the Exhibits, then the Agreement controls.

***Signatures appear on next page***

00 50 00 - 8

WHEREFORE, CITY and CONTRACTOR, through their duly authorized representatives, execute this Agreement:

For CONTRACTOR: For CITY:

Dated: _________________________ Dated: _________________________

By: ___________________________ By: ____________________________

(signature) (signature)

____________________________ Mayor

(type or print)

Title: __________________________

Witness: ________________________ Attest: __________________________

(signature) (signature)

________________________ City Recorder

(type or print)

Approved as to form:

City Attorney

E-Verify Certification

00 60 50 - 1

DOCUMENT 00 60 50

E-VERIFY CERTIFICATION

WHEREAS, the undersigned proposes to furnish labor and materials under a contract to provide Engineering, Design and Construction services for The City of South Salt Lake, in the South Salt Lake, County of Salt Lake, State of Utah of which the City of South Salt Lake is the Owner.

NOW THEREFORE, this day of , 20___, the undersigned contractor, verifies its compliance with Utah Code Ann. § 63G-12-301 and 13-47-201, stating affirmatively that the individual, firm, or corporation which is contracting with the City of South Salt Lake has registered with and is participating in a federal work authorization program in accordance with the applicable provisions and deadlines established in Utah Code Ann. § 63G-12-301 and 13-47-201.

The undersigned contractor further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to the contract with the City of South Salt Lake, of which this certification is a part, the undersigned contractor will secure from such subcontractor(s) similar verification of compliance with Utah Code Ann. § 63G-12-301 and 13-47-201. The undersigned contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of South Salt Lake at the time the subcontractor(s) is retained to perform such service.

E-Verify Number

{AFFIX} Contractor (Name of sole ownership, corporation

{CORPORATE}

or partnership)

{SEAL}

{HERE}

(Signature of Authorized Representative)

Title:

Performance Bond

00 61 00 - 1

DOCUMENT 00 61 00

PERFORMANCE BOND

1.1 BOND

A. Number: ______________________________.

B. Amount:

dollars ($ ________________).

1.2 SURETY

B. Address:

C. Telephone number: _____________________________.

D. Facsimile number: _____________________________.

1.3 CONTRACTOR

1.4 OWNER

A. The City of South Salt Lake .

1.5 CONSTRUCTION CONTRACT

00 61 00 - 2

South Salt Lake City 900 West Parking Lot

1.6 DEFINED TERMS

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

Conditions will have the meanings indicated in the General Conditions.

PART 2 COVENANTS

2.1 SURETY'S AND CONTRACTOR'S RELATIONSHIP

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

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

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

2.2 NOTICE

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

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

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

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

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

2.3 PROCEDURE TO INVOKE SURETY'S OBLIGATION

A. If the CONTRACTOR fails to perform or to comply with the terms of the Construction

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

00 61 00 - 3

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

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

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

2.4 SURETY'S OPTIONS AT CONTRACTOR TERMINATION

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

Work itself, through its agents or through independent contractors.

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

1. Such bids or proposals shall be prepared by the Surety for execution by the

OWNER and the completion contractor selected.

2. Surety shall secure the contract with Performance and Payment Bonds executed by a qualified surety equivalent to this Performance Bond and the payment Bond (Document 00 62 00); and

3. Surety shall pay to the OWNER the amount of damages as described in paragraph

2.6 in excess of the balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR's default.

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

2.5 PROCEDURE FOR OWNER TO DECLARE SURETY IN DEFAULT

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

00 61 00 - 4

1. The OWNER shall issue an additional written notice to the Surety, after declaring the CONTRACTOR in default as provided in Article 2.3, demanding that the Surety perform its obligations under this Bond.

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

2.6 SURETY'S OBLIGATIONS

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

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

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

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

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

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

2.7 UNRELATED OBLIGATIONS OF THE CONTRACTOR

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

CONTRACTOR that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or changed on account of any such unrelated obligations.

B. No right of action shall accrue on this Bond to any person or entity other than the

OWNER or its heirs, executors, administrators, or successors.

2.8 SURETY WAIVES NOTICE OF ANY CHANGE

A. Surety hereby waives notice of any change, including changes of Contract Time, Contract Price and scope of Work, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

2.9 VENUE

A. Any suit or action commenced by OWNER under this Bond shall be for action in a

00 61 00 - 5 court of competent jurisdiction in the State of Utah.

3.1 EFFECTIVE DATE

A. Surety and CONTRACTOR execute this Bond agreement and declare it to be in effect as of the ______day of _______________________, ____.

3.2 CONTRACTOR'S SUBSCRIPTION AND ACKNOWLEDGMENT

A. Type of organization:

(corporation, partnership, individual, etc.)

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

CONTRACTOR's authority to sign.

C. CONTRACTOR's signature:

D. Please print name here:

E. Title:

F. Notary Acknowledgement: In the County of _______________________________, State of ________________, on the _______ day of ______________________, 20 ___, the foregoing instrument was acknowledged before me

(person acknowledging and title or representative capacity, if any).

Notary’s signature

Residing at

My commission expires: Notary's seal

00 61 00 - 6

3.3 SURETY'S SUBSCRIPTION AND ACKNOWLEDGMENT

A. Attach evidence of Surety's corporate authority to sign.

B. Surety's signature:

C. Please print name here:

D. Title:

E. Acknowledgment: In the County of

_________________________________________, State of ________________, on the _______ day of ______________________, _____, before me, the undersigned notary, personally appeared _________________________, who proved to me his/her identity through documentary evidence in the form of a ______________________________________________________________ to be the person whose name is signed as the authorized Surety and acknowledged to me that this document was signed voluntarily for its stated purpose.

Notary Public signature Notary Public seal

Payment Bond

00 62 00 - 1

DOCUMENT 00 62 00

PAYMENT BOND

1.1 BOND

A. Number: .

B. Amount:

dollars ($ ________________).

1.2 SURETY

D. Facsimile number:_____________________________.

1.3 CONTRACTOR

1.4 OWNER

A. The City of South Salt Lake

1.5 CONSTRUCTION CONTRACT

South Salt Lake City Engineering Project

00 62 00 - 2

1.6 DEFINED TERMS

A. Terms used in this Payment Bond, which are defined in article 1.1 of the General

Conditions, will have the meanings indicated in the General Conditions.

PART 2 COVENANTS

2.1 SURETY'S AND CONTRACTOR'S RELATIONSHIP

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

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

CONTRACTOR shall have no obligation under this Bond.

2.2 NOTICE

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

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

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

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

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

2.3 CONDITIONS OF SURETY'S LIABILITY

A. With respect to the OWNER, this Bond agreement shall be null and void if the

CONTRACTOR promptly takes the following actions:

1. promptly makes payment, directly or indirectly, for all sums due Claimants, and

2. defends, indemnifies and saves harmless the OWNER from all claims, demands, Liens or suits by any person or entity who furnished labor, materials or equipment

00 62 00 - 3 for use in the performance of the Work, provided the OWNER has tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety.

2.4 PROCEDURE TO INVOKE SURETY'S OBLIGATION

A. Concerning Claimants who have a Direct Contract with the CONTRACTOR:

The Surety shall have no obligation to Claimants under this Bond who are employed by or have a direct contract with the CONTRACTOR until Claimants have given notice to the Surety at the address shown on this Bond agreement and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

B. Concerning Claimant who does not have a Direct Contract with the

CONTRACTOR: The Surety shall have no obligation to Claimant under this Bond who does not have a direct contract with the CONTRACTOR until Claimant takes the following actions.

1. The Claimant shall furnish written notice to the CONTRACTOR and send a copy, or notice thereof, to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed.

2. The Claimant shall have either received a rejection in whole or in part from the

CONTRACTOR, or not received within 15 days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR has indicated the claim will be paid directly or indirectly.

3. Not having been paid within the above 15 days, the Claimant shall have sent a written notice to the Surety at the address described on this Bond agreement and sent a copy, or notice thereof, to the OWNER stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR.

2.5 SURETY'S OPTION TO SETTLE CLAIMS

A. When the Claimant has satisfied the conditions of Article 2.4, the Surety shall promptly and at the Surety's expense take the following actions.

1. Send an answer to the Claimant, with a copy to the OWNER, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

2. Pay or arrange for payment of any undisputed amounts.

2.6 SURETY'S OBLIGATION

00 62 00 - 4

A. Surety's total obligations under this bond shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

2.7 USE OF FUNDS

A. Amounts owed by OWNER to CONTRACTOR under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, against the Performance Bond (Document 00 61 00). By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Work are dedicated as follows:

1. The OWNER has first priority to use the funds for the completion of the Work.

2. The CONTRACTOR and the Surety have second priority to use the funds to satisfy the obligations of the CONTRACTOR and the Surety under this Bond.

2.8 UNRELATED OBLIGATIONS OF THE CONTRACTOR

A. The Surety and the OWNER shall not be liable to Claimants or others for obligations of the CONTRACTOR that are unrelated to the Construction Contract.

B. The OWNER shall not be liable for payment of any damages, costs or expenses of any

Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

2.9 SURETY WAIVES NOTICE OF ANY CHANGE

A. Surety hereby waives notice of any change to the Construction Contract including changes of Contract Time, Contract Price, and scope of Work, or to related subcontracts, purchase orders or other obligations.

2.10 VENUE

A. Any suit or action commenced by a Claimant under this Bond shall be for action in a court of competent jurisdiction in the State of Utah.

2.11 COPIES OF THIS BOND

A. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR or OWNER shall promptly furnish a copy of this Bond or shall permit a copy to be made.

00 62 00 - 5

3.1 EFFECTIVE DATE

A. Surety and CONTRACTOR executed this Bond agreement and declared it to be in effect as of the ______day of _______________________, ____.

3.2 CONTRACTOR'S SUBSCRIPTION AND ACKNOWLEDGMENT

A. Type of organization:

(corporation, partnership, individual, etc.)

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

CONTRACTOR's authority to sign.

C. CONTRACTOR's signature:

D. Please print name here:

E. Title:

F. Notary Acknowledgement: In the County of _______________________________, State of ________________, on the _______ day of ______________________, 20 ___, the foregoing instrument was acknowledged before me

(person acknowledging and title or representative capacity, if any).

00 62 00 - 6

3.3 SURETY'S SUBSCRIPTION AND ACKNOWLEDGMENT

A. Attach evidence of Surety's corporate authority to sign.

B. Surety's signature:

C. Please print name here:

D. Title:

E. Notary Acknowledgment: In the County of

___________________________________, State of ________________, on the _______ day of…