DRAPER CITY CORPORATION

ENGINEERING DIVISION

DRAPER, UTAH 84020

TELEPHONE: (801) 576-6546

FACSIMILE: (801) 576-6388

www.draperutah.gov

September 2, 2026

CONTRACT DOCUMENTS FOR THE

2026-2027 ZONE 5 SIDEWALK

REPAIR PROJECT

2026-2027 Zone 5 Sidewalk Repair Project

TABLE OF CONTENTS

SECTION I LEGAL AND PROCEDURAL DOCUMENTS

Invitation to Bid

Bidder Information

a. Bid Submittal

b. Site Examination

c. Required Bonds

d. Contract Award

e. Notification

f. Subcontractors

g. Standard Form Construction Agreement

h. Sources of Information

i. Confidentiality

j. Pre-Bid Conference

k. Question Submission Period

Proposal Response Cover Sheet

Additional Instructions to Bidders

Proposal Sheet

Bid Schedule

Measurement and Payment

Questionnaire and Statement of Qualifications

Bid Bond

Payment Bond

Performance Bond

Conditional Notice of Award

Construction Agreement Example

Notice to Proceed

Change Order

Partial Payment Request Example

Preconstruction Conference Agenda

Financial Disclosure to City Council

Full and Final Release

Project Acceptance for Maintenance

Final Project Acceptance

SECTION II SPECIFICATIONS

SECTION GC-A – GENERAL CONDITIONS – CONSTRUCTION PROJECTS

Part 1 – General Terms GC-A – 1 Part 2 – Control of the Work GC-A – 9

Part 3 – Control of Materials GC-A – 16 Part 4 – Legal Relations and Responsibilities to the Public GC-A – 19 Part 5 – Prosecution and Progress GC-A – 23 Part 6 – Measurement and Payment GC-A – 28 Part 7 – Disputes and Appeals GC-A – 29

STANDARD SPECIFICATIONS

DIVISION 1 – GENERAL REQUIREMENTS

Section 12 – Traffic Control 12 – 1 Section 15 – Detour Construction and Facilities 12 – 1

Section 01035 – Field Survey Referencing Procedures 01035 – 1 Section 01041 – Project Coordination 01041 – 1 Section 01050 – Construction Surveying and Field Engineering 01050 – 1 Section 01515 – Watering 01515 – 1 Section 01620 – Storage and Protection 01620 – 1 Section 01705 – Contract Closeout Procedures 01705 – 1 Section 01720 – Project Record Documentation 01720 – 1 Section 01820 – Material Testing 01820 – 1

DIVISION 2 – SITE WORK

Section 25 – Tack Coat 25 – 1

Section 32 11 24 – Pulverized Pavement Base Course 32 11 24 Section 02016 – Protecting and Relocating Utilities 02016 – 1

Section 02115 – Concrete and Asphalt Pavement Removal 02115 – 1 Section 02220 – Excavation 02220 – 1 Section 02230 – Granular Materials, Flowable Fill, and Topsoil 02230 – 1 Section 02240 – Backfill, Compaction, and Embankment 02240 – 1 Section 02438 – Structures to Finish Grade 02438 – 1 Section 02438 – Monuments 02438 – 1

Section 02503 – Bituminous Paving Course 02503 – 1 Section 02513 – Bituminous Concrete Paving Materials 02513 – 1 Section 02577 – Pavement Marking – At Grade 02577 – 1 Section 02915 – Protection of Trees, Lawns and Landscaping 02915 – 1

Section 02961 – Rotomilling 02961 – 1

DIVISION 3 – CONCRETE

Section 03000 – Concrete Work 03000 – 1

Section 03050 – Concrete Curb, Gutter, Sidewalk, and Drive Approaches 03050 – 1

Section 03100 – Concrete Formwork 03100 – 1 Section 03250 – Concrete Curing Compound and Joint Fillers 03250 – 1

Section 03300 – Cast-in-Place Concrete 03300 – 1

SECTION III PROJECT DRAWINGS

SECTION I

LEGAL AND PROCEDURAL DOCUMENTS

DRAPER CITY CORPORATION

ENGINEERING DIVISION

1020 EAST PIONEER ROAD

DRAPER, UTAH 84020

TELEPHONE: (801) 576-6546

FACSIMILE: (801) 576- 6388

www.draperutah.gov

September 4, 2026

REQUEST FOR BIDS

FOR THE 2026-2027 ZONE 5 SIDEWALK REPAIR PROJECT

The scope of this project will be to provide all the labor, materials, tools and equipment necessary to complete sidewalk repairs throughout the west and north areas of Draper as described in the project plans and specifications.

Bid documents and specifications will be posted on U3P-Bonfire on or before Thursday, September 3, 2026 at 5:00pm. 5% Bid Bond will be required.

The Engineering Division will receive electronic responses on U3P-Bonfire until 2:00pm on Tuesday, September 22, 2026. Responses received after this time will not be accepted. Responses will be electronically and Bid results will be posted on the Q & A in SCIQUEST at the above-stated time and date, with only the names of the firms submitting responses and their total bid amounts being read. All interested parties are invited to attend.

Questions concerning the scope of work, response submittal, or process should be directed to us electronically through SCIQUEST before 12:00pm on Thursday, September 17, 2026.

The City is not responsible for expenses incurred prior to award by the City Council. Draper City reserves the right to reject any and all responses and to waive any irregularities, informalities, or technicalities deemed in the best interest of the City.

We look forward to receiving your response.

Respectfully, Robert Markle, Project Manager

Bidder Information

ABID SUBMITTAL

✓ Submit the bid through U3P-Bonfire

✓ Submission Deadline: 2:00pm on Tuesday, September 22, 2026

✓ Bids received after the deadline will not be considered.

✓ Bids will be opened electronically and the names of the bidders responding to the Request for Bids will be available online immediately thereafter. Bids and Bid

Bonds will then be checked by the Engineer.

B. SITE EXAMINATION

Bidders should carefully examine the drawings and specifications including addenda prior to the formal bid opening. Bidders should also visit the site of the work to become fully informed of all existing conditions and limitations. Any interpretation of the proposed documents will only be made by addenda duly issued and a copy of such addenda will be made available prior to bid opening to each plan holder that has filled out and submitted the Response Cover Sheet.

C. REQUIRED BONDS

Bids must be accompanied by the photocopy of a bid bond payable to Draper City

(OWNER) for five percent of the total amount of the bid. An original copy of the bid bond will be requested from the lowest responsible bidder. When the contract is executed, and the OWNER receives the performance, payment, and all other required bonds, the bid bond of the successful bidder will be returned. A certified check made payable to OWNER may be used in place of the bid bond.

A performance and payment bond, each in the amount of 100 percent of the contract price, with a corporate surety approved by the owner, will be required to ensure faithful performance of the contract. The duration of the performance and payment bond shall be one year after the anticipated completion date of the project.

Attorneys-in-fact whom sign the bid bond and performance and payment bond must file with each bond a certified and effective dated copy of their power of attorney signed with original signatures or facsimile.

The party to whom the contract is awarded will be required to provide the performance, payment and all other required bonds (including certificates of insurance), within ten calendar days from the date when Notice of Award is delivered to the bidder.

The party to who the contract is awarded will be required to execute the agreement within ten calendar days from the date when the Construction Agreement is delivered to the bidder. If bidder fails to execute the contract, the owner may consider the bidder in default, in which case the bid bond accompanying the bid shall become property of the owner.

D. CONTRACT AWARD

It is the intent of Draper City to award the contract based upon the lowest and most responsible bidder provided that the bid has been submitted in accordance with the requirements stated in the solicitation documents. The experience and responsibility of the contractor will ultimately be a determining factor in the contract award.

Furthermore, a contractor's previous experience with the city, including but not limited to contract change orders, failure to meet deadlines, relationships with the public, workmanship and materials, and/or claims or legal issues, will also be included in the consideration of the lowest bid when awarding the contract.

E. NOTIFICATION

After formal award of the project, verification of the bonds, and execution of the agreement, the contractor will then receive the Notice to Proceed, which will establish the date that work will begin under the contract. The work on this Project shall commence within 10 days of receipt of the Notice to Proceed. The work shall be completed within a maximum of 270 calendar days of Notice to Proceed. All work stoppages due to inclement weather conditions and other factors must be verified by the Project Manager. Work stoppages due to equipment failure will not be the responsibility of Draper City. Failure to comply with the project schedule will result in liquidated damages as specified in the agreement.

F. SUBCONTRACTORS

The bid submittal shall include a list of subcontractors to be used on the project. This list shall be binding upon the contractor, however, Draper City has the right to reject any or all subcontractors listed which the City feels is unqualified to do the work.

G. STANDARD FORM CONSTRUCTION AGREEMENT

An example form of the standard construction agreement to be executed has been attached to these bid documents. The agreement is only an example for informational purposes and is subject to change based on the circumstances of this particular project.

H. SOURCES OF INFORMATION

For information concerning Request for Bid procedures and regulations (i.e., submission deadline, forms required, etc.), or Americans with Disabilities (ADA) accommodations, interested parties may contact Todd Hammond: 801-576-6336;

email: todd.hammond@draper.ut.us

I. CONFIDENTIALITY

All responses, inquiries, and correspondence relating to this Request for Bids and all reports, charts, displays, schedules, exhibits, and other documentation produced by the bidder that is submitted to Draper City, as part of the bid or otherwise, shall become the property of Draper City when received by Draper City and may be considered public information under applicable law. Draper City is subject to the disclosure requirements of the Government Records Access and Management Act, (“GRAMA”)Title 63, Chapter

2, Utah Code Annotated. Draper City generally considers bids and all accompanying material to be public and subject to disclosure. Any material considered by the bidder to be proprietary must be accompanied by a written claim of confidentiality and a concise written statement of reasons supporting the claim as required by GRAMA §§63-

2-304 and 308. Blanket claims that the entire Request for Bids is confidential will be denied. Draper City cannot guarantee that any information will be held confidential. If the bidder makes a claim of confidentiality, Draper City, upon receipt of a request for disclosure, will determine whether the material should be classified as public or protected, and will notify the bidder of such determination.

The bidder is entitled under the GRAMA to appeal an adverse determination.

Draper City is not obligated to notify the bidder of a request, and will not consider a claim of confidentiality, unless the bidder’s claim of confidentiality is made in a timely basis and in accordance with the GRAMA.

REPRESENTATION REGARDING ETHICAL STANDARDS FOR DRAPER CITY OFFICERS

AND EMPLOYEES AND FORMER DRAPER CITY OFFICERS AND EMPLOYEES

The bidder certifies that it has not: (1) provided an illegal gift or payoff to a Draper City officer or employee or former Draper City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; or (3) knowingly influenced, and hereby promises that it will not knowingly influence, any Draper City officer or employee or former Draper City officer or employee to breach any ethical standards set forth in Draper City’s conflict of interest policy or any of the provisions of Utah code title 67 Chapter 16.

J. Pre-Bid Conference A pre-bid conference has not been scheduled for this project.

K. Question Submission Period

All questions regarding this project must be submitted electronically through U3P-

Bonfire on or before 12pm on Thursday, September 22, 2026.

Draper City reserves the right to reject any or all bids and to waive minor technicalities and irregularities in bids received, and/or to accept any portion of the offer if deemed in the best interest of Draper City. Failure of bidder to provide, in its bid, any information requested in the Request for Bids may result in rejection for non-responsiveness.

ADDITIONAL INSTRUCTIONS TO BIDDERS

1. Interpretation of Specifications. If the intent or meaning of the technical specifications is unclear or requires further clarification and/or additional information please submit a written request for information by fax or email. Specifications have been updated from the previous published version.

2. Material Testing. In Section 01820, “Material Testing”, Part 1.03 B, of the

Standard Specifications, the City chooses to perform the “Acceptance

Testing” at the City’s expense. All remaining applicable specifications in

Section 01820 “Material Testing” will be the Contractor’s responsibility.

3. Scheduling and Public Notification. With the location of sidewalk repairs being dispersed and not in a single, centralized location, scheduling and public notifications will be required. Schedules will be required to be submitted weekly to the Engineer and must contain the next four weeks of planned repairs and locations. In residential areas, Contractor shall distribute the approved public notice to each home that will be having sidewalk removed and replaced in the construction area one week prior to the work that begins removing concrete. If the work requires the removal of a tree, there will be a minimum of two weeks’ notice from the time of notification prior to the work being performed.

4. Concrete Removal and Replacement. All concrete sidewalk that is removed shall be marked off with closure signage. All concrete removed shall be placed back by close of business on Fridays. No sidewalk shall be left removed for more than from a Monday to the Friday of the same week.

5. Concrete Flatwork Removal. Concrete Flatwork Removal bid item includes the removal and disposal of any tree roots under the sections removed. Roots shall be removed by saw cutting along each edge of the sidewalk and removing to a depth of twelve inches (12”) from the existing top of sidewalk.

6. Concrete Flatwork, 5” Thick. Concrete Flatwork, 5” Thick bid item includes the cost of restoring and/or placing additional untreated base course if disturbed when root removal has occurred. Untreated base course used in constructing those items shall be in accordance with

Draper City Standard Detail ST-12.

7. Pavement Marking Paint. All pavement marking paint identified on the plans and as directed by the Engineer shall be applied twice at the application rates called out in Section 02577, “Pavement Marking – At

Grade”, Part 3.02 D of the Standard Specifications.

BIDDER TERMS AND CONDITIONS

1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an Agreement with Owner in the form included in the Contract

Documents to complete all Work as specified or indicated in the Contract

Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents.

2. Bidder accepts all of the terms and conditions of the Bidder Information.

Bidder accepts responsibility for all control, testing and acceptance of materials as per Draper City Specifications

Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time.

3. The terms used in this Bid which are defined in the provisions of the

Construction Agreement or General Conditions included as part of the

Contract Documents have the meanings assigned to them in the

Construction Agreement or General Conditions.

Include in lump sum or unit price all labor, materials, tools, equipment, and required testing for the work described in the plans and specifications. Bids shall include sales tax and all other applicable taxes and fees. All work shall conform to the Draper City Standard Specifications and Details for Municipal

Construction, latest edition

BID SCHEDULE

The Bid Schedule contains the schedule of prices that will be incorporated into the Agreement by reference. BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the indicated unit prices or lump sum prices. Measurement shall be made in the units or lump sums shown on the bid schedule.

Bid Item

Description Quantity Unit Unit Price Item Total

1 Mobilization 1.00 LS

2 Traffic Control System 1.00 LS

3 Concrete Flatwork Removal 15,000.00 SF

4 Concrete Flatwork, 5” Thick 15,000.00 SF

5 Landscape Restoration 1 LS

24"x48" Cast Iron Detectable Warning Plate 6.00 EA

7 Tree Removal 100 EA

Grand Total

ENTER PRICES FOR EACH LINE ITEM AS INSTRUCTED ON U3P-Bonfire. DO NOT

SUBMIT THIS BID SCHEDULE.

MEASUREMENT AND PAYMENT

A. Measurement and calculation of quantities for payment to be as indicated in this section.

B. Unit prices or lump sum amounts to include full compensation for furnishing all labor, materials, products, tools, equipment, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit, and doing all work shown on the

Drawings, defined in the Specifications, and/or stipulated herein.

C. Payment covers the cost of incidental work which includes: progress schedule; QC program; mobilization; temporary facilities; erosion control measure during construction; construction surveying; materials testing; saw cutting, removal and disposal of existing trench pavement;

unclassified excavation; pot hole excavations; trench excavations;

trench shoring or trench boxes as applicable; removal and disposal of waste materials; trench dewatering; miscellaneous dewatering; pipe zone material; select import fill material (where needed); compaction of trench backfill materials; compaction density testing; construction water; dust control; traffic control; managing storm water runoff during construction; removing and replacing fencing impacted by construction; constructing needed temporary access to construction areas; monument restoration; road base restoration; repairing existing utilities damaged upon construction; protecting cast-in-place concrete from extreme weather; replacing top soil on trench area in unimproved areas; repairing existing clay curtain if disturbed during construction;

removal and replacement of landscape materials irrigation systems equal to or better than existing if damaged by the CONTRACTOR’S operations and all other damages to existing improvements resulting from the completion of the specified Contract Work; supporting existing utilities extending through trench section; coordinating utility relocations to be performed by others; demobilization; site cleanup; and all other necessary work, to install the Work complete in place.

D. BID ITEM DESCRIPTIONS

1. Mobilization

Mobilization shall conform to the provisions of the Draper City

Standard Specifications, and these special provisions.

Payment covers cost of mobilization, demobilization, scheduling, meetings, residential notifications, and installation of temporary facilities. Payment will be made on a percentage basis as follows.

Percent of Original

Contract Amount Earned

Percent of Amount Bid for

Mobilization to be Paid

5 40

15 20

40 30

50 10

The contract lump sum price paid for Mobilization shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in Mobilization as specified in the Standard Specifications and as directed by the

Engineer.

2. Traffic Control System

Traffic control system shall conform to the provisions in Section 12, “Traffic Control,” of these contract documents, and Section 01575, “Detour Construction and Facilities,” of the Standard Specifications.

Traffic Control System shall consist of work and operations, including but not limited to, all work involved in developing and implementing a Traffic Control Plan.

Within ten (10) calendar days of the Conditional Notice of Award, the Contractor shall provide the Engineer with the proposed Traffic

Control Plan. The Engineer will have two (2) working days to review the Traffic Control Plan and return it with an approval or denial. If denied, the Contractor will then have one (1) calendar day to re-submit the Traffic Control plan. If necessary, after the allotted time set forth herein, each re-submittal and review will be allotted one calendar day until a written approval is provided by the Engineer.

The contract lump sum price paid for traffic control system shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in traffic control system as specified in the Standard Specifications and as directed by the Engineer.

3. Concrete Flatwork Removal

Concrete Flatwork Removal shall conform to the provisions in Section

02115, “Concrete and Asphalt Pavement Removal”, and Section

02220, “Excavation”, of the Standard Specifications and these special provisions.

Quantities of Concrete Flatwork Removal to be paid for will be measured by the square foot of concrete flatwork removed. The contract price paid per square foot of Concrete Flatwork Removal shall include excavating, hauling, and legal disposal, including removal and disposal of tree roots. The above price and payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in performing Concrete Flatwork Removal work completely as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

4. Concrete Flatwork, 5” Thick

Concrete flatwork, 5’ thick shall conform to the provisions in Section

03050, “Concrete Curb, Gutter, Sidewalk, and Drive Approaches”, of the Standard Specifications and these special provisions.

Includes construction of sidewalk and ADA ramps.

Quantities of concrete flatwork to be paid for will be measured by the square foot of constructed concrete flatwork. The contract price paid per square foot of concrete flatwork shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing concrete flatwork including placing and compacting a minimum of six (6) inches of untreated base material below as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

5. Landscape Restoration

Landscape Restoration shall conform to Draper City Standard

Specifications and these special provisions.

Includes restoration of all aspects of the property outside of right-of-way to its original condition. Restoration of areas disturbed beyond the areas shown on the plans shall be considered incidental.

The contract lump sum price paid for Landscape Restoration shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in restoring landscaping as shown on the plans, as specified in the

Standard Specifications and these special provisions, and as directed by the Engineer.

6. 24”x48” Cast Iron Detectable Warning Plate

24”x48” Cast Iron Detectable Warning Plate work shall be in accordance with the Americans with Disabilities Act and shall conform to the provisions in Section 03050, “Concrete Curb, Gutter, Sidewalk, and Drive Approaches,” of the Standard Specifications and these special provisions.

All concrete flatwork within ADA ramps is covered in the Concrete

Flatwork bid item. Any additional work, tools, or materials required to construct the respective ramp to meet ADA and Draper City standards shall be covered in this bid item.

Quantities of 24”x48” Cast Iron Detectable Warning Plate to be paid for will be determined by actual field count per each constructed as shown on the plans and as directed by the Engineer. The contract price paid per each 24”x48” Cast Iron Detectable Warning Plate constructed shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing 24”x48” Cast Iron Detectable Warning

Plate as shown on the plans, as specified in the Standard

Specifications and these special provisions, and as directed by the

7. Tree Removal

Tree Removal shall conform to the provisions in Section 02220, “Excavation,” and Section 02020, “Clearing and Grubbing,” of the

Standard Specifications and these special provisions.

Tree removal shall include permanent removal of trees which interfere with the sidewalks or are prone to causing damage to the sidewalk or other flatwork. Trees to be removed shall be determined and approved by the Project Inspector and/or the Project

Manager/Engineer.

The contract price paid per each Tree Removal shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in Tree Removal, including hauling and disposal of removed tree/material as needed, and any associated work, labor, equipment or material involved in restoring the hole created by the removal. All work shall be as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

QUESTIONNAIRE AND STATEMENT OF QUALIFICATIONS

1. General Company Information:

Company Name:

Type of Corporation:

Company Owner or CEO:

Main Business Contact:

Business Address:

Business Phone Numbers (general & FAX lines):

Number of Years in the General Construction Business:

2. Contractor License Information:

Utah Number:

Date of Issue:

License Holder:

Type of License:

$ State and explain any disciplinary actions taken by the State of Utah to revoke or suspend the above license or attempts to investigate the license holder for business or construction related reasons (include on a separate and attached sheet of paper).

3. Company Similar Project Work Experience: List a minimum of three projects constructed by your company within the last 10 years with an equal or larger scope of work as compared with the Project described herein. Include a complete accounting of 1) total construction cost including all change order allowances; 2) name and phone number of project engineer; 3) name and phone number of project owner; 4) calendar days to complete from notice to proceed to final closeout; 5) name of each project manager or superintendent; and 6) dates of individual project completion.

Project 1.

Project 2.

Project 3.

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned

____________________________ as Principal, and____________________________ as Surety, are hereby held and firmly bound unto __________________________ as Owner in the penal sum of _____________ for the payment of which, well and truly be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed the ________ day of _________________, 20_____.

The Condition of the above obligation is such that whereas the Principal has submitted to ____________ a certain Bid, attached hereto, and hereby made a part hereof to enter into a contract in writing, for the_________________________________________________________

NOW THEREFORE,

(a) If said Bid shall be rejected, or in the alternative,

(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the FORM of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are incorporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

Principal

Surety

BY: _________________________

STATE OF UTAH )

: SS. SURETY

County of Salt Lake)

______________________________, being first duly sworn on oath, deposes and says: that s/he is the Attorney-in-Fact of _______________________________, a corporation organized under the laws of the State of _______________ and that s/he is duly authorized to execute and deliver the foregoing obligation; that the said _______________________ is authorized to execute the same, and has complied in all respects with the laws of the

State of Utah, in reference to becoming sole surety upon bonds, undertakings and obligations.

Attorney-in-Fact

SUBSCRIBED and SWORN to before me this _______________ day of _____________________, 20____.

NOTARY PUBLIC

My Commission Expires: ________________________

Residing in: __________________________________

(Attach Power of Attorney)

STATE OF UTAH)

: ss. (Complete if Principal

County of Salt Lake) is an

Individual)

On this ________, day of ___________, 20_____, personally appeared before me

___________________________, signer (s) of the foregoing instrument, who duly acknowledged to me that s/he (they) executed the same.

My Commission Expires: __________________________________

Residing in: ____________________________________________

STATE OF UTAH) (Complete if Principal

: ss. is a

County of Salt Lake) Corporation)

On this _________; day of _______________, 20___, personally appeared before me

________________, who being by me duly sworn, did say s/he is the _____________________ of ___________________________________, a ____________________ corporation, and that the foregoing instrument was signed in behalf of said corporation by authority of its Board of Directors, and s/he acknowledged to me that said corporation executed the same.

My Commission Expires: _________________________

Residing in: ___________________________________

STATE OF UTAH) (Complete if Principal

: ss. is a

County of Salt Lake) Partnership)

On this ______________, day of ______________, 20___, personally appeared before me

__________________, who being by me duly sworn, did say that s/he is the

___________________of _________________________, a partnership, and that the foregoing instrument was signed in behalf of said partnership and that said instrument was signed in behalf of said partnership and that said partnership executed the same.

My Commission Expires: _____________________________

Residing in:________________________________________

THE AMERICAN INSTITUTE OF ARCHITECTS

Copied from original AIA Document A312

P A Y M E N T B O N D

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address):

SURETY (Name and Principal Place of Business):

OWNER (Name and Address):

CONSTRUCTION CONTRACT

DATE:

AMOUNT:

(Description (Name and Location):

BOND

Date (Not earlier than Construction Contract Date):

Amount:

Modifications to this Bond: ( ) None ( ) See Page 6

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corporate Seal) Company: (Corporate Seal)

Signature: __________________ Signature: _________________

Name and Title: Name and Title: (Any additional signatures appear on page 6)

(FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER:

OWNER'S REPRESENTATIVE (Architect, Engineer or other party):

1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the

Construction Contract, which is incorporated herein by reference.

2. With respect to the Owner, this obligation shall be null and void if the

Contractor:

2.1 Promptly makes payment, directly or indirectly, for all sums due

Claimants, and

2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the

Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in

Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default.

3. With respect to Claimants, this obligation shall be null and void if the

Contractor promptly makes payment, directly or indirectly, for all sums due.

4. The Surety shall have no obligation to Claimants under this Bond until:

4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) 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.

4.2 Claimants who do not have a direct contract with the

Contractor:

.1 Have furnished written notice to the Contractor and sent acopy, 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; and

.2 Have either received a rejection in whole or in part from the

Contractor, or not received within 30 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; and

.3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in

Paragraph 12) 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.

5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, which is sufficient compliance.

6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions:

6.1 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.

6.2 Pay or arrange for payment of any undisputed amounts.

7. The Surety's total obligation 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.

8. Amounts owed by the Owner to the Contractor under the Construction

Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the

Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction

Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work.

9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any 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.

10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year form the date (1) on which the Claimant gave the notice required by Sub-paragraph 4.1 or Clause

4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction

Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page, Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this

Bond shall be construed as a statutory bond and not as a common law bond.

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

15. DEFINITIONS

15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the

Contract. The intent of this Bond shall be to include without limitations in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.

15.2 Construction Contract: The agreement between the Owner

and the Contractor identified on the signature page, including all

Contract Documents and changes thereto.

15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the

Construction Contract or to perform and complete or comply with the other terms thereof.

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:

(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)

CONTRACTOR AS PRINCIPAL

COMPANY: (Corporate Seal)

Signature: ____________________________________________

Name and Title:

Address:

SURETY COMPANY: (Corporate Seal)

Signature: ____________________________________________

Name and Title:

THE AMERICAN INSTITUTE OF ARCHITECTS

Copied from the original - AIA DOCUMENT A312

P E R F O R M A N C E B O N D

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address):

SURETY (Name and Principal Place of Business):

OWNER (Name and Address):

CONSTRUCTION CONTRACT

DATE:

AMOUNT:

(Description (Name and Location):

BOND

Date (Not earlier than Construction Contract Date):

Amount:

Modifications to this Bond: ( ) None ( ) See Page 5

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corporate Seal) Company: (Corporate Seal)

Signature: _________________ Signature: __________________

Name and Title: Name and Title:

(Any additional signatures appear on page 5)

(FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER:

OWNER'S REPRESENTATIVE (Architect, Engineer or other party):

1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1.

3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after:

3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a

Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction

Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and

3.2 The Owner has declared a Contractor Default and formally terminated the

Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub paragraph 3.1; and

3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner.

4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions:

4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or

4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or

4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the

Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the

Owner the amount of damages as described in Paragraph 6 in excess of the

Balance of the Contract Price incurred by the Owner resulting from the

Contractor's default; or

4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:

1. After investigation determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or

2. Deny liability in whole or in part and notify the Owner citing reasons therefore.

5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in

Subparagraph 4.4, and 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.

6. After the Owner has terminated the Contractor's right to complete the Construction

Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, 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. To the limit of the amount of this Bond, but subject to commitment by the

Owner of the Balance of the Contract Price to mitigation of costs and damages on the

Construction Contract, the Surety is obligated without duplication for:

6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract.

6.2 Additional legal, design professional and delay costs resulting from the

Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and

6.3 Liquidated damages, or if no liquidated damages are specified in the

Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

7. The Surety shall not be liable to the Owner or 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 set off on account of any such unrelated obligations. 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.

8. The Surety hereby waives notice of any change, including changes of time, to the

Construction Contract or to related subcontracts, purchase orders and other obligations.

9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this

Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page.

11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

12. DEFINITIONS

12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction

Contract.

12.2 Construction Contract: The agreement between the Owner and the

Contractor identified on the signature page, including all Contract Documents and changes thereto.

12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the

Construction Contract.

12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof.

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:

(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)

CONTRACTOR AS PRINCIPAL

COMPANY: (Corporate Seal)

Signature: __________________________________

Name and Title:

Address:

SURETY COMPANY: (Corporate Seal)

Signature: __________________________________

Name and Title:

A-26-XXX

CONDITIONAL NOTICE OF AWARD

TO:

PROJECT: 2026-2027 Zone 5 Sidewalk Repair Project

DRAPER CITY has considered the BID submitted by you for the above described WORK in response to its advertisement for proposal dated September

XX, 2026.

You are hereby notified that your Bid has been accepted in an amount of $on the following conditions:

1. The execution by you and the City of a contract with the City on terms acceptable to both parties;

2. Furnishing PERFORMANCE AND PAYMENT BONDS, each in the amount of 100% of the contract price, as well as a current CERTIFICATE OF INSURANCE pursuant to the Information for Bidders, each of which must be acceptable to the City, within TEN (10) working days from the date of this Notice as outlined in your bid documents ;

3. There be no claims, suits or appeals arising out of the bidding process which in the City’s judgment invalidate the award of the contract to you;

4. You continue to demonstrate an ability to perform this project in a satisfactory manner.

This Conditional Notice of Award confers no rights upon the above named bidder until a contract is executed by the parties as required by law.

If you fail to furnish said BONDS and INSURANCE within the TEN (10) working days from the date of the Notice, or if any of the other conditions occur, the CITY shall be entitled to consider all your rights arising out of the CITY'S acceptance of your Proposal as abandoned.