2-Supplementary Bid Documents for Wall Repairs Replacement.docx

Dawn Ramsey, Mayor Patrick Harris, Council Member Kathie L. Johnson, Council Member Donald J. Shelton, Council Member Tamara Zander, Council Member Jason T. McGuire, Council Member

WALL REPAIRS & REPLACEMENT

Supplementary Bidding Documents for RFP #2026-033

November 2026

DOCUMENT 00200 TABLE OF CONTENTS

City of South Jordan

WALL REPAIRS & REPLACEMENT

INTRODUCTORY INFORMATION

PART 1 - BIDDING REQUIREMENTS

PROPOSAL SOLICITATION

00100 Request for Proposal (See Attached Request for Proposals Construction Services) 10

INSTRUCTIONS TO BIDDERS

00200 Instructions to Bidders 16

REPORTS

00320 Geotechnical Data 2

BID FORMS

SUPPLEMENTS TO BID FORMS

Table of Contents 00003 -

PART 2 – CONTRACT FORMS

AGREEMENT FORMS

00500 Agreement 12

BONDS AND CERTIFICATES

PART 3 – CONTRACT CONDITIONS

SUPPLEMENTARY CONDITIONS

00810 Modifications to the General Conditions 6

SUPPLEMENTAL SPECIFICATIONS TO APWA MANUAL OF STANDARD SPECIFICATIONS 2017 EDITION

01 34 00S Standard Forms

PROJECT SPECIAL PROVISIONS

01 11 00S Summary of Work 4

DOCUMENT 00004 LIST OF DRAWINGS

CITY OF SOUTH JORDAN

WALL REPAIRS & REPLACEMENT

CONSTRUCTION DRAWINGS

Sheet No. Title NONE

END OF DRAWING LIST

List of Drawings 00004 - 1

DOCUMENT 00200 INSTRUCTIONS TO BIDDERS

PART 1 GENERAL

These Bidding Documents are to be used by the Bidder in conjunction with Request for Proposals for CONSTRUCTION SERVICES – WALL REPAIRS & REPLACEMENT (SOJO2026xxxx).

BIDDER shall hereby be referred to as BIDDER for the purposes of this document. Proposal shall hereby be referred to as Bid for the purposes of this document.

1.1 DESCRIPTION OF THE WORK

A. Base Bid Schedule A, Schedule B, and Schedule C.

The BASE PROJECTS consist of replacing the existing failing wrought iron fence with a new wrought iron fence (Schedule A), replace wrought iron fencing with a pre- cast wall (Schedule B and Schedule C).

1. ( N )Schedule A – 1300 West from Maybe Ln to 10251 South. Install 720 ft of new wrought iron fence. Contractor shall propose a replacement plan and schedule.

Instructions to Bidders 00200 -

2. ( N )Schedule B – 3200 West from 9800 West to Hearthstone. Approximately 405 ft of new pre-cast wall. Pre-cast wall shall be placed in the same place as old fence.

3. Schedule C – 9800 South from ULD Canal to Quintail Ln. Approximately 1110 ft of new pre-cast wall. Pre-cast wall shall be placed in the same place as old fence.

N

The work for Base Schedule A, Schedule B and Schedule C, also includes removal and demolition of existing fencing; furnishing and installing new wrought iron fence or pre- cast wall; removal, disposal, and transportation of vegetation and waste and applicable dumping fees; restoring landscaping and surfaces damaged during construction; coordinating with property owners, City staff, and other agencies as necessary; and quality control. New wrought iron fencing and pre-cast walls shall be installed and constructed in the exact location of the existing fence or walls and match overall height of existing fences and walls, including short wing walls at street corners or entrances to property.

The work shall include all labor, supplies, tools, equipment, parts, rentals, fuels, utilities, subcontractors, suppliers, mobilization and demobilization, and all other costs including overhead and profit to complete the work. Prices shall be all inclusive. Contractors shall comply with all current APWA STANDARD SPECIFICATIONS and City standards and building codes.

Contractors shall install pre-cast walls that are similar in color and texture to the walls shown in the pictures below:

B. Alternative Bid Schedule D and Schedule E.

Alternative Bid Schedule D consists of replacing wrought iron fencing and building block fence matching existing walls. Alternative Bid Schedule E consists of replacing the existing wrought iron fencing with a pre-cast wall. Alternative Schedules D and E will be awarded based on budget availability.

1. ( )Alternative Schedule D – 9800 South from 3200 West to Bangerter Highway. Approximately 725 ft of iron wrought removal and build block fence to match existing. New fence shall be in the same location as old fence

2. ( N )Alternative Schedule E – 1300 West from Shellbrook Ln to 10750 West. Approximately 1490 ft of pre-cast wall. New fence shall be in the same location as old fence.

The work for Alternative Bid Schedule D and Alternative Bid Schedule E also includes the removal and demolition of existing fencing; furnishing and installing new pre-cast wall or construction of new block wall to match existing; removal, disposal, and transport of vegetation and waste and applicable dumping fees; restoring landscaping and surfaces damaged during construction; coordination with property owners, City staff, and other agencies as necessary; and quality control. New pre-cast or block walls shall be installed and constructed in the exact location of the existing fence and match overall height of existing fences and walls, including short wing walls at street corners.

The work shall include all labor, supplies, tools, equipment, parts, rentals, fuels, utilities, subcontractors, suppliers, mobilization and demobilization, and all other costs including overhead and profit to complete the work. Prices shall be all inclusive. Contractors shall comply with all current APWA standards, City standards, and building codes.

Pre-cast walls shall match the approved pattern and color as in the base bid Schedule B and Schedule C.

C. General Conditions: as published in Document 00 72 00 in the Manual of Standard Specifications, 2017 Edition by the Utah Chapter of the American Public Works Association

1.2 COPIES OF BID DOCUMENTS

A. Bidders must use complete sets of Bid Documents in preparing Bids. Complete sets of Contract Documents may be examined and obtained at no charge via BONFIRE (https://utah.bonfirehub.com/)

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

C. Contract Document copyrights shall remain with either the OWNER or ENGINEER.

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

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

1.3 PRE-BID CONFERENCE

A. If a pre-proposal conference is held, the time, place and nature of the conference will be stated in the Request for Proposals. Representatives of OWNER and ENGINEER will be present to discuss the Project. The OWNER shall not be bound by any statements, representations, conclusions, or assumptions made by any party, whether oral or written, except for written statements that are issued in an Addendum by the ENGINEER to all prospective Bidders.

1.4 PHYSICAL CONDITIONS

A. In General: Prior to submitting a Bid, each Bidder is responsible to review all available explorations, tests and data concerning surface conditions, subsurface conditions and Underground Facilities at or contiguous to the site, or otherwise, which may affect cost, progress, performance or furnishing of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

B. Surface and Subsurface Conditions: Provisions concerning surface and subsurface conditions, if any, are set forth in a document titled Geotechnical Data (Document 00320). The document provides the identification of:

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

2. Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site which have been utilized in preparing the Contract Documents.

C. Underground Facilities: Information and data indicated in the Contract Documents regarding Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities. The OWNER does not assume responsibility for the accuracy or completeness thereof other than as provided in paragraph 4.3A.2 of the General Conditions or unless expressly provided in the Modifications to General Conditions (Document 00810).

D. Additional Explorations and Tests: If feasible as determined by OWNER, the OWNER will provide each Bidder access to the site to conduct any explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall obtain permits, fill all holes, clean up and restore the site to its former condition upon completion of such explorations. By requesting such an exploration or test, Bidder agrees to release, indemnify, defend, and save the OWNER harmless from all costs damages and liabilities and any kind whatsoever, including reasonable attorneys’ fees, that may arise in connection with or as a result of the performance of such explorations or tests.

1.5 COMPENSATION AND QUANTITIES

A. In General: The bid price for any lump sum or unit price contract includes all labor, materials, and incidental work to fully complete the Work in a satisfactory manner under the terms of the Contract Documents. Bidders are responsible to inform themselves of the character of the Work to be performed.

B. Lump Sum Work: If the Work is to be paid for on a lump sum basis, the lump sum will be the only sum paid.

C. Unit Price Work: If any portion of the Work is to be paid for on a unit price basis, payment will cover only work actually performed and materials actually supplied at the unit prices bid and on the terms set forth in the Contract Documents, irrespective of any quantity approximations in the Bid Documents. Any quantity approximations in the Bid Documents are stated as a basis for determining bids, and they do not fix the amount of Work to be done or materials to be furnished. Stated quantities are estimates for the purpose of doing the class of work required. Actual quantities will vary. The OWNER may deviate in either direction from any indicated quantities. The Bidder shall have no claim for any variation in quantity, except to the extent permitted in the General Conditions.

1.6 EXAMINATION OF SITE AND CONTRACT DOCUMENTS

A. In General: The OWNER shall not be bound by any statements, representations, conclusions, or assumptions made by any party, whether oral or written, except for written statements that are issued in an Addendum.

B. Access: The Contract Documents designate the site for performance of the Work. Bidder is responsible to investigate the site and understand all access requirements. All additional off-site lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Bidder.

C. Bidder’s Obligations: In addition to Bidder’s other responsibilities and obligations in connection with submitting a Bid, it is the responsibility of the Bidder before submitting a Bid, to:

1. Examine the Contract Documents thoroughly;

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

3. Investigate all applicable construction and labor conditions, quantities, and the character of the Work as they affect cost, progress, performance, or furnishing of the Work;

4. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

5. Study and carefully correlate Bidder’s observations with the Contract Documents;

6. Attend any pre-bid conference, which shall be mandatory if so designated in the Invitation to Bid;

7. Review all available explorations and data concerning surface and subsurface conditions as set forth in Section 1.4 above; and

8. Identify and notify ENGINEER in writing in the manner set forth in article 2.1 below of all specific conflicts, omissions, errors, or discrepancies in the Contract Documents, or if Bidder doubts their meanings.

The failure or omission of any Bidder to take any of the foregoing actions shall not in any way relieve Bidder of its Bid, or its obligation to furnish all material, equipment, labor and services necessary to carry out the provisions of the Contract Documents and to complete the contemplated Work for the consideration set forth in its Bid. Submission of a Bid shall constitute prima facie evidence of compliance with these instructions.

D. Deviations from the Terms of the Contract Documents: OWNER will not accept any deviations whatsoever from the printed terms of the Agreement and the Contract Documents, except by Addendum or Change Order.

1.7 EFFECT OF SUBMITTING A BID.

A. Bidders are responsible to carefully examine the Contract Documents, visit the site, and fully inform themselves so as to include in the Bid a sum to cover the cost of all items. Bidder’s failure or omission to receive or examine any form, instrument, addendum or other document, visit the site and become acquainted with existing conditions, or attend any pre-Bid Conference, shall in no way relieve Bidder from any obligations with respect to Bidder’s Bid or the Construction Contract.

B. By submitting a Bid, Bidder represents that Bidder has complied with all requirements of the Bid Documents; that the Bid is premised on properly performing and furnishing the Work required by the Contract Documents within the times specified; that the Bidder is informed of the conditions to be encountered and the character, quality and quantities of the Work; and that the Bidder believes the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

C. Submission of a Bid constitutes a promise that the Bidder will enter the Contract Documents in the form presented in the Contract Documents. Bidders should carefully examine all Contract Documents, including the required Bonds and insurance to be provided by the Bidder.

1. The Performance Bond is a guarantee of faithful performance of the requirements of the Contract Documents, including all applicable warranties. The Payment Bond is a guarantee of payment of all labor, materials, or supplies used directly or indirectly in the prosecution of the Work provided in the Construction Documents.

2. The sum of the Performance Bond and the Payment Bond shall be increased or decreased during the course of the Work in the event that Contract Modifications, Change Orders or Addenda increase or decrease the total contract price. The sum of each bond shall be in an amount equal to the completed contract price at the completion of the Work.

3. OWNER does not provide any release of Performance Bonds or Payment Bonds. The bonds are in effect throughout all periods during which a suit may be brought under the provisions of applicable law.

D. By submitting a Bid, Bidder represents that the matters stated therein are true and correct.

PART 2 BIDDING PROCEDURES

2.1 INTERPRETATIONS AND ADDENDA

A. All requests for interpretation of the Contract Documents shall be made in writing via BONFIRE no later than seven (7) calendar days prior to opening of Bids. OWNER or ENGINEER will post the written interpretation on BONFIRE. If the OWNER or ENGINEER does not respond to a Bidder’s request for interpretation the Bidder shall comply with the intent and terms of the Contract Documents.

B. No oral interpretations shall be made to any Bidder. The OWNER shall not be responsible for or bound by any statements, interpretations, explanations, representations, conclusions or assumptions made by any party, whether oral or written, except for written statements that are issued in an Addendum by the ENGINEER on BONFIRE website, https://utah.bonfirehub.com/

C. Each statement made in an Addendum is part of the Contract Documents at the location designated in the Addendum. A statement issued in an Addendum shall have the effect of modifying a portion of the Bid Documents when the statement in the Addendum specifies a particular section, paragraph or text and states that it is to be so modified. Only the specified section, paragraph or text shall be so modified, and all other portions of the Bid Documents shall remain in effect.

D. Bidders shall sign to acknowledge their receipt of all Addenda issued. Bidders shall also acknowledge receipt of all Addenda in the space provided in the Bid.

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

2.2 EQUIPMENT AND MATERIAL OPTIONS PRIOR TO BID OPENING

A. OWNER or ENGINEER will only consider substitutions after the Notice of Award.

B. The procedure for submission of any such product option shall be as set forth in Article 6.4 of the General Conditions and Section 01 60 00 Product Requirements.

C. The Construction Contract, if awarded, will be on the basis of materials and equipment specified in the Drawings and Specifications and any changes permitted in any Addenda issued on BONFIRE website, https://utah.bonfirehub.com/

2.3 BID SECURITY

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

B. Form of Bid Security: The Bid Security may be in the form of a certified check, cashier’s check, cash, or Bid Bond. No other form of Bid Security will be accepted. A Bid Bond must be issued by a licensed Utah agency on behalf of a surety company licensed to do business in the State of Utah. A certified check or cashier’s check must be drawn on a bank doing business in the State of Utah and made payable to OWNER. If a certified check, cashier’s check, or cash is used in lieu of a Bid Bond, or if the Bid Bond does not specifically so provide, a certificate from an approved surety company guaranteeing execution of performance and payment bonds in the full amount of the bid must accompany the bid unless specified herein. Bidders should attach a scanned copy of their Bid Bond to their bid package. The OWNER will require the certified check, cashier’s check or cash to be received by the City Recorder located at South Jordan City Hall, 1600 West Towne Center, South Jordan, Utah, 84095. Bidders are responsible for submitting the required Bid Securities prior to the bid deadline.

C. Purpose of Submission. By submitting a Bid Bond, Bidder assures OWNER it will take all steps necessary to properly execute the Contract Documents.

D. Return of Bid Security: OWNER will return/refund Bid securities to Bidder within seven (7) business days after award of the Construction Contract. Bid Bonds, certified checks, cashier’s checks and cash of all Bidders will be held until the Construction Contract is awarded or all bids have been rejected (certified checks, cashier’s checks and cash is held by deposit into OWNER’S account and is refunded by check from OWNER). The liability (including interest) of OWNER in regards to the held checks shall be limited only to the return of the held checks.

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

2.4 COMPLETING BID DOCUMENTS

A. The General Conditions identify all forms comprising the Bid Documents. Additional copies may be obtained from the ENGINEER. The Bidder shall make no stipulations or alterations on the Bid forms. The Bidder must use and execute only the Bid form and Bid Schedules bound in the Contract Documents. The complete Contract Documents (excluding the Drawings) should be submitted as the Bidder’s Bid, and Bidder shall complete and submit all forms included in the Bid Form, Document No. 00400.

B. The Bidder must fill in all items in the Bid form in ink or by typewriter. If applicable, furnish both the unit and total costs for each item. The total Bid price is the full price for the performance of all Work under the Contract Documents. Bidder shall initial in ink any corrections, interlineations, alterations, or erasures made by the Bidder on Bidder’s entries in the Bid Documents.

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

Instructions to Bidders 00200 -

D. Bids by corporations must be executed in the corporate name by a corporate officer authorized to sign, and must be properly attested to as an official act of the corporation. At the OWNER’s request, authority to sign shall be submitted.

E. Bids by partnerships or joint ventures must be executed in the partnership or joint venture name and signed by a partner or joint venture whose title and official address must be shown. If a partnership or joint venture is the low bidder, the partnership or joint venture must also submit evidence to the OWNER of the responsibility of the partnership or joint venture as a bidder in the manner directed by the ENGINEER.

F. Where the Bidder is wholly owned subsidiary of another company, the Bid must so state, and the owner or parent corporation also must agree to sign and be bound with the Bidder.

G. All names must be typed or printed under or near the signature. Signatures shall be in longhand.

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

I. The Bidder’s address, telephone number, and facsimile number for communications regarding the Bid must be shown on the first page of the Bid form.

J. The divisions and sections of the specifications, and the identifications of any Drawings, shall not control Bidder in dividing the Work among subcontractors or suppliers, or delineating the Work to be performed by any specific trade.

K. The base Bid and alternates shall include all Work required to be performed by the Contract Documents.

2.5 CONFLICT OF INTEREST, SUBCONTRACTORS

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

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

2.6 SUBMISSION OF BIDS

A. Bids shall be submitted on or before the time indicated in the invitation to bid. All responses and necessary documents shall be submitted online via BONFIRE. Any questions regarding how to use the BONFIRE program, including how to submit a bid, download and upload documents, etc. To access the State of Utah's procurements online, you must register as a vendor on the BONFIRE website, https://utah.bonfirehub.com/ . If you require assistance during the registration process, you may contact support.bonfire@eunasolutions.com. Registration, email notifications, and electronic responses for all sourcing events (bids, RFPs, etc.) are free under the State of Utah contract with BONFIRE. Registration with the Utah Supplier Portal is limited to procurements conducted by the State of Utah and political subdivisions of the State of Utah. Go to this link for a vendor support article that covers vendor registration in detail: https://vendorsupport.gobonfire.com/hc/en-us/articles/15646869029783-Vendor- Registration.

B. The complete Contract Documents must be submitted with the Bid. Bidder will make no recapitulations, stipulations, alterations, alternate submissions, or modifications in any manner to any of the Contract Documents.

C. Bidder must submit a Bid by completing all of the Bid Form documents, which are:

1. Document 00400 Bid

2. Document 00410 Bid Schedule

3. Document 00452 Bidder Status Report

4. Document 00453 Subcontractor and Supplier Report

5. Document 00455 Contractor’s Project Reference Form

6. All other information required under Section V of Request for Proposals for Construction Services

Above documents must be uploaded to BONFIRE website, https://utah.bonfirehub.com/ as part of the electronic bid.

D. Alternate bids, other than those called for in the Bid form, will not be considered.

E. No oral, telegraphic, telephonic, facsimile or modified bids will be considered.

2.7 MODIFICATION AND WITHDRAWAL OF BIDS

A. At any time prior to the opening of Bids, Bidder may modify or withdraw bid online via BONFIRE (https://utah.bonfirehub.com/) B. Within 24 hours after Bids are opened, any Bidder may file written notice with OWNER that there was a substantial mistake made in the preparation of its Bid. Bidder must thereafter promptly demonstrate Bidder’s mistake. The OWNER has sole discretion to determine whether to permit any modification or withdrawal or the return of any Bid Security.

D. When it appears a mistake has been made, or when the OWNER desires an assurance of any matter, the OWNER may request a Bidder to confirm the Bid in writing.

2.9 BIDS SUBJECT TO ACCEPTANCE FOR 30 DAYS

A All bids remain subject to acceptance for 30 days after the day of the Bid opening. OWNER may, in its sole discretion, release any Bid and return the Bid security prior to that date.

PART 3 EVALUATION AND AWARD

3.1 SUBMITTALS REQUIRED FOR EVALUATION

A. After Bid opening, the Bidder, whose Bid is under consideration, must submit the following at the times specified:

1. Information required is already required to be submitted with the bid; however, OWNER reserves the right to request additional information as necessary.

3.2 EVALUATION OF BIDDER’S QUALIFICATIONS

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

1. A current financial statement for the Work (as provided to bonding company);

2. A chronological list of “in progress” and “completed” construction work done by Bidder during the last 3 years; including project name, address, owner, contract name, and current telephone number;

3. Present construction commitments other than items listed in the Bidder Status Report;

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

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

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

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

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

9. Such other data as may be called by the OWNER or ENGINEER.

B. All Bids are subject to the Government Records Access and Management Act (GRAMA) Utah Code Ann., Subsection § 63G-2-101 et seq. If Bidder believes any information should be held confidential for business reasons, Bidder must submit a written claim of business confidentiality for that particular information and include a specific statement of the reasons supporting the claim pursuant to Utah Code Ann. ß 63-2-308.

C. Untimely response or failure to provide the requested information by Bidder will release OWNER of any obligation to further consider the Bidder’s Bid.

3.3 EVALUATION OF BIDS

A. OWNER reserves the right: to reject any and all Bids or any part thereof; to waive any informalities in the Bid Schedule(s) and elsewhere; to negotiate and agree to contract terms with the successful Bidder; to disregard non-conforming, non- responsive, unbalanced or conditional Bids; and to withhold the award for any reason deemed in the best interests of the OWNER, as solely determined by OWNER.

B. OWNER reserves the right to reject any Bid if OWNER believes that it would not be in the best interest of the Project or the OWNER. Without limitation, such rejection may be because the Bid is not responsive, or the Bidder is unqualified or of doubtful ability or the Bid or Bidder fails to meet any other pertinent standard or criteria established by OWNER, as solely determined by OWNER.

C. If the OWNER intends to make an award to a Bidder, a Notice of Intent to Award will be issued.

D. OWNER may consider all information which OWNER believes is relevant when evaluating a Bid, including, without limitation:

1. The qualifications and experience of the Bidder and of the Subcontractors, Suppliers, and other persons and organizations proposed (whether or not the Bid otherwise complies with the prescribed requirements).

2. Operating costs, maintenance requirements, performance data, and guarantees of ability to provide the required materials and equipment.

3. Corporate organization and capacity for any party.

4. Ability to perform and complete the Work in the manner and within the time specified

5. Pending litigation.

6. The amount of the Bid.

7. Proper licensing to do the Work in compliance with licensing laws of the State of Utah for contractors and subcontractors.

8. All other relevant matters, consistent with OWNER’s procurement code and administrative rules, OWNER’s ordinances and program policies.

E. To establish qualifications of Bidder, OWNER may request such data indicated in the Bid Documents, conduct such investigations as OWNER deems appropriate, and consider any other information (whether obtained from the Bid, the Bidder, or any other source).

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

G. Bid Schedules will be evaluated as follows:

1. Discrepancies in the multiplication of quantities of Work items and unit prices will be resolved in favor of the unit prices. OWNER may correct Bid Schedule calculation errors accordingly.

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

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

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

H. The OWNER, in the OWNER’s sole discretion, shall make determinations as to disqualification of Bidders or rejection of Bids. Such matters may include, without limitation, submission of more than one Bid by the Bidder (whether under the same or different names); evidence of collusion among Bidders; other commitments of Bidder which, in the OWNER’s sole judgment, might hinder the Work; previous defaults, Bid irregularities when not waived in the best interests of the OWNER, delays or poor performance by Bidder on any project; official action against Bidder; and any other cause which, in the OWNER’s sole discretion and judgment, is sufficient to justify disqualification of a Bidder or rejection of a Bid.

3.4 ADJUSTMENTS TO THE COST OF THE WORK AFTER OPENING OF BIDS

A. The Contract Price identified in the Agreement represents the cost of the work which is to be paid by the OWNER to the CONTRACTOR.

B. Adjustments to the Contract Price which are agreed to between the OWNER and the successful Bidder shall be effected by signing an Agreement Supplement.

3.5 SUBSTITUTIONS

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

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

3.6 SUBMITTALS REQUIRED FOR AWARD OF CONTRACT

A. Performance and Payment Bonds: The OWNER’s requirements as to performance and payment Bonds are as set forth in the Modifications to General Conditions (Document 00810). Specific requirements are set forth in the Performance Bond (Document 00610) and the Payment Bond (Document 00620).

1. The form of the Bonds should be carefully examined by the Bidder.

2. When the successful Bidder delivers the executed Construction Contract to OWNER, it must be accompanied by the required Performance and Payment Bonds.

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

3.7 SIGNING OF AGREEMENT

A. Within 10 days after OWNER gives Notice of Intent to Award the Construction Contract to the successful Bidder, the Bidder shall pick up, sign and return to OWNER, the required number of copies of the Construction Contract, bonds and insurance. A minimum of two

(2) originals will be signed and returned to the OWNER. One executed original will be returned to the Bidder. Bidder shall comply with all execution requirements.

B. All of Bidder’s executions and submittals must be delivered to the OWNER before OWNER will execute the Construction Contract. The Construction Contract will not be deemed awarded and shall not be binding on the OWNER until it has been approved and executed by the OWNER, and a fully executed copy is formally delivered to the

CONTRACTOR. The OWNER reserves the right to rescind its Notice of Intent to Award without liability, except for the return of Bidder’s Bid Security, at any time before the Construction Contract has been fully executed by all parties and delivered to the CONTRACTOR.

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

D. At the time of Bidding, and the signing of the Agreement, and at all times during the Work, Bidder shall be properly licensed to do the Work and shall be in compliance with the license laws of the State of Utah, City of South Jordan, and Salt Lake County. The Bidder shall also require all Subcontractors to do the same.

E. If a Bidder fails to fully and properly execute the Construction Contract and provide all submittals required therewith within ten (10) days after the date of the Notice of Intent to Award, the OWNER may elect to rescind the Notice of Intent to Award, and the OWNER shall be entitled to the full amount of Bidder’s Bid Security, not as a penalty, but in liquidation of and compensation for damages sustained. In the OWNER’s sole discretion, a Notice of Intent to Award may then be provided to another bidder whose Bid is most advantageous to the OWNER, price and other factors considered.

3.8 CERTIFY REGISTRATION AND USE OF EMPLOYMENT “STATUS VERIFICATION SYSTEM”: The Status Verification System, also referred to as “E- Verify”, only applies to contracts for the physical performance of services within the state.

A. Status Verification System

1. Each offeror and each person signing on behalf of any offeror certifies as to its own entity, under penalty of perjury, that the named Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of the contractor’s new employees that are employed in the State of Utah in accordance with UCA Section 63G-11-103.

2. The Contractor shall require that the following provision be placed in each subcontract at every tier: “The subcontractor shall certify to the main (prime or general) contractor by affidavit that the subcontractor has verified through the Status Verification System the employment status of each new employee of the respective subcontractor, all in accordance with Section 63G-11-103 and to comply with all applicable employee status verification laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work.”

3. The City will not consider a proposal for award, nor will it make any award where there has not been compliance with this Section.

4. Manually or electronically signing the Proposal is deemed the Contractor’s certification of compliance with all provisions of this employment status verification certification required by all applicable status verification laws including UCA Section 63G-11-103.

B. Indemnity Clause for Status Verification System

1. Contractor (includes, but is not limited to any Contractor, Design Professional, Designer or Consultant) shall protect, indemnify and hold harmless, the City and its officers, employees, agents, representatives and anyone that the City may be liable for, against any claim, damages or liability arising out of or resulting from violations of the above Status Verification System Section whether violated by employees, agents, or contractors of the following: (a) Contractor; (b) Subcontractor at any tier; and/or (c) any entity or person for whom the Contractor or Subcontractor may be liable.

2. Notwithstanding Section 1. above, Design Professionals or Designers under direct contract with the City shall only be required to indemnify the City for a liability claim that arises out of the design professional’s services, unless the liability claim arises from the Design Professional’s negligent act, wrongful act, error or omission, or other liability imposed by law except that the design professional shall be required to indemnify the City in regard to subcontractors or subconsultants at any tier that are under the direct or indirect control or responsibility of the Design Professional, and includes all independent contractors, agents, employees or anyone else for whom the Design Professional may be liable at any tier.

END OF DOCUMENT

DOCUMENT 00320 GEOTECHNICAL DATA

PART 1 GENERAL

1.1 REPORTS OF EXPLORATIONS AND TESTS

A. In preparing the Drawings and Specifications, ENGINEER has relied upon the following geotechnical reports of explorations and tests of subsurface conditions at or contiguous to the Work site.

N/A

B. Accuracy: For the purposes of bidding or construction, the Bidder may rely upon the accuracy of the geotechnical data at the locations where the data were obtained and to the depths indicated, but not upon any other information, interpretations or opinions contained in the geotechnical data itemized above or for the completeness thereof expressed or implied.

B. N/A

1.2 DRAWINGS OF SURFACE AND SUBSURFACE STRUCTURES

A. In the preparation of Drawings and Specifications, ENGINEER has relied upon the following drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the Work site.

N/A

B. Drawings Not a Part of the Contract Documents: Drawings itemized above are not a part of the Contract Documents.

1.3 EXAMINATION OF DATA

A. A copy of the report itemized in 1.1 A above is not included with the Bidding Documents, but may be examined at South Jordan City hall located at 1600 West Towne Center Drive, South Jordan, Utah.

END OF DOCUMENT

Geotechnical Data 00320 - 1

DOCUMENT 00400 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

City of South Jordan

WALL REPAIRS & REPLACEMENT

B. The undersigned proposes to complete the Work for the price or prices listed in the Bid Schedule (Document 00410) 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 proposes to execute the attached contract within ten (10) 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.

E. 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.

F. It is understood that the OWNER has the right to reject this proposal or to accept it, or any portion therein, at the prices listed in the Bid Schedule.

Bid 00400 -

PART 2 EXECUTION

2.1 BIDDER

A. The Bidder is as follows

Name:

Address:

Telephone number:

Facsimile number:

Tax identification number:

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:

A. Title:

DOCUMENT 00410 BID SCHEDULE

PART 1 GENERAL

1.1 DOCUMENT INCLUDES

A. Price schedule(s).

B. Measurement and payment provisions.

1.2 CONSTRUCTION CONTRACT

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

WALL REPAIRS & REPLACEMENT

1.3 REFERENCES

A. APWA 01 29 00: Payment Procedures.

B. Document 00500: Agreement.

C. Section 01 60 00: Product Requirements.

1.4 SCHEDULE TO BE ADDED TO THE AGREEMENT

A. This document will be added to the Agreement by reference.

1.5 MINIMUM QUALIFICATION

A. In submitting this bid, BIDDER acknowledges that their company must meet the following minimum qualifications.

1. Contractor shall have demonstrated ten (10) years of experience in providing general construction services, and the Contractor and Subcontractors shall have at least five (5) years of experience in construction and installation of pre-cast walls. If the companies (Contractor and/or Subcontractor) are less than 10 and 5 years old respectively, provide documentation of prior work history and an acknowledgment statement to fulfill this requirement.

2. Contractor shall provide a list of at least five completed projects installing pre-cast walls and wrought iron fences within the last five years or have completed projects of similar size, scope, and complexity. At least one of the five projects must be installing a wrought iron fence. If your company is less than 10 years old, provide documentation of prior work history to fulfill this requirement and provide information.

1.

Bid Schedule 00410-

2. Meet the mandatory insurance and bid bond requirements (See V. Insurance Requirements) Please provide a copy of your insurance certificate and a copy of a bid bond in the amount of 5% of the bid.

B. The above qualifications may be scanned and uploaded on Bonfire as part of the electronic bid.

PART 2 PRICE SCHEDULES

2.1 BASE BID

A. Location: The Base Bid covers work at the following sites:

Base Bid: WALL REPAIRS & REPLACEMENT – Schedule A, Schedule B, and Schedule C B. Base Bid: The sum of the following Schedule A, Schedule B, and Schedule C constitutes the base bid.

Schedule A - 1300 West from Maybe Ln to 10251 South

Item No.

Item

Unit

SCHEDULE A TOTAL = $

Schedule B- 3200 West from 9800 West to Hearthstone

Item No.

Item

Unit

SCHEDULE B TOTAL = $

Schedule C – 9800 South from ULD Canal to Quintail Ln

Item No.

Item

Unit

C-1 Mobilization, Temporary Facilities, and Demobilization

LUMP

SCHEDULE C TOTAL = $

BASE BID SCHEDULE A + SCHEDULE B + SCHEDULE C TOTAL = $

C. Alternative Bid Schedule D and Alternative Bid Schedule E:

Alternative Schedule D - 9800 South from 3200 West to Bangerter Highway

Item No.

Item

Unit

D-1 Mobilization, Temporary Facilities, and Demobilization

LUMP

ALTERNATIVE BID SCHEDULE D TOTAL = $

Alternative Schedule E – 1300 West from Shellbrook Ln to 10750 West.

Item No.

Item

Unit

E-1 Mobilization, Temporary Facilities, and Demobilization

LUMP

ALTERNATIVE BID SCHEDULE E TOTAL = $

PART 3 MEASUREMENT AND PAYMENT

3.1.0 GENERAL

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

B. Measurement and payment procedures follow APWA Section 01 29 00.

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

D. CONTRACTOR shall verify measurements and quantities.

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

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

3.2.0 BID ITEMS – SCHEDULE A, SCHEDULE B, SCHEDULE C, ALTERNATIVE SCHEDULE D, AND ALTERNATIVE SCHEDULE E

3.2.1 MOBILIZATION, TEMPORARY FACILITIES, AND DEMOBILIZATION, Bid Items A-1, B-1, C-1, D-1, & E-1 A. Measurement shall be Lump Sum.

B. Payment shall be full compensation to CONTRACTOR for all preparatory operations for the project, including, but not limited to those items necessary for the project site: acquisition and payment of all permits; furnishing construction power; furnishing, erection, and maintenance of construction signs; mobilization, demobilization, installation of temporary facilities including the access roadway, and for all costs associated with the project that are not included in other bid items. Payment will be made on a percentage basis as follows:

C. Payment also includes full compensation to CONTRACTOR to install and maintain a temporary fence on each property while installation and construction of the permanent fence is completed.

D. Payment…