3-MARC Locker Rooms IFB .pdf

BID DOCUMENTS

PARK CITY MARC LOCKER ROOM RENOVATION

1200 Little Kate Rd, Park City, Utah 84060

PARK CITY MUNICIPAL CORPORATION

Park City MARC Locker Room Renovation

TABLE OF CONTENTS

Invitation for Bids

Instructions to Bidders

Bid Form

List of Proposed Subcontractors

Bidder Qualification Sheet

Construction Agreement

INVITATION FOR BIDS

Park City Municipal Corporation (“PCMC”) is accepting bids for the Park City MARC Locker

Room Renovation project. Bids must be uploaded to the Utah Public Procurement Place (“U3P”) by 11:00 AM local time on Thursday, September 10, 2026. At 1:00 PM, that same day, bids will be publicly opened and read aloud in a hybrid (online & in-person) meeting in the East

Conference Room of Park City, City Hall located at 445 Marsac Avenue, Park City, UT 84060.

Email Dawn Wagner at dawn.wagner@parkcity.gov for the online meeting link.

The work includes updating showers with associated piping and plumbing fixtures, demolition of existing finishes and installing new fixtures and tiles while reinstalling identified items such as partitions per plans, demolition of steam room to replace with sauna, and installation of new lockers.

Bid Documents will be available on Monday August 10, 2026, and may be obtained on U3P. A

Bid Bond of five percent (5%) of the total bid is required.

All questions concerning this project must be submitted in writing to U3P by 2:00 PM on

Friday, August 21, 2026. Please read the Questions Section available through U3P before submitting a question because your question may have already been addressed. Please do not submit the same question multiple times.

PCMC reserves the right to reject any and/or all bids or waive any informalities, inconsistencies or technicalities in the bids when deemed in the best interest of PCMC.

Proposed project timeline in relation to bidding (subject to change):

Bid Documents Available Monday, August 10, 2026

Pre-bid Meeting 11:00 AM on Thursday, August 20, 2026

Bid Question Deadline 2:00 PM on Friday, August 21, 2026

Bid Submittal Due 11:00 AM on Thursday, September 10, 2026

Bid Opening 1:00 PM on Thursday, September 10, 2026

City Council Consent October 8 or 22, 2026

Notice to Proceed January 4, 2027

Project Completion May 4, 2027 mailto:dawn.wagner@parkcity.gov

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to Bidders will have the meanings indicated in the General

Conditions unless otherwise indicated in the Bid Documents. Additional terms used in these

Instructions to Bidders have the meanings indicated below:

1.1 Bidder – the individual or entity who submits a Bid directly to Owner.

1.2 Architect/Engineer – VCBO

1.3 General Conditions – the General Conditions published in Document 00 72 00 in the current edition of the Manual of Standard Specifications by the Utah Chapter of the

American Public Works Association (APWA).

1.4 Owner – Park City Municipal Corporation (“PCMC”).

1.5 Successful Bidder – the lowest responsible Bidder submitting a responsive Bid to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.

2. STANDARDS AND SPECIFICATIONS

All provisions of the current edition of the Manual of Standard Specifications and Manual of

Standard Plans published by the Utah Chapter of the American Public Works Association and PCMC’s 2026 Supplemental Standards and Specifications that apply to the Work are made a part of the Bid Documents by reference. Those publications are available on the web at http://utah.apwa.net and https://www.parkcity.gov/departments/engineering-division.

Where provisions from the current edition of the Manual of Standard Specifications and

Manual of Standard Plans conflict with these documents or the Construction Agreement, the following order of precedence will apply:

1. Construction Agreement;

2. Bid Documents;

3. Project specific plans and specifications;

4. PCMC’s 2026 Supplemental Standard Plans and Specifications; then

5. APWA provisions.

3. COPIES OF BID DOCUMENTS

3.1 Complete sets of Bid Documents, as stated in the Invitation for Bids, may be obtained from U3P.

3.2 Complete sets of Bid Documents must be used in preparing Bids; neither Owner nor

Architect/Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

3.3 Owner and Architect/Engineer in making copies of Bid Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

http://utah.apwa.net/

4. QUALIFICATIONS OF BIDDERS

To demonstrate qualification to perform the Work, each Bidder must be prepared to submit, upon Owner’s request, written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for below or as required by Owner. Each

Bid must contain evidence of Bidder’s qualifications to do business in the state of Utah or covenant to obtain such qualifications prior to award of the contract. The general contractor and all sub-contractors must have appropriate contractor licenses.

The Owner reserves the right to not award a contract to a bidder whose firm and project superintendent have not been deemed to have satisfactorily completed at least two projects similar in size and complexity to this project within the last three years. Bidders must submit a list of projects of similar size and scope, completed within the last three years. Bidder must submit a list of all proposed subcontractors on the sheets provided.

5. EXAMINATION OF BID DOCUMENTS AND SITE

5.1 It is the responsibility of each Bidder before submitting a Bid to (a) examine the Bid

Documents thoroughly; (b) visit the site to become familiar with local conditions that may affect cost, progress, performance, or furnishing of the Work; (c) consider federal, state, and local laws and regulations that may affect cost, progress, performance, or furnishing of the Work; (d) study and carefully correlate Bidder’s observations with the Bid Documents; and (e) notify Architect/Engineer of all conflicts, errors, or discrepancies in the Bid Documents.

5.2 Information and data reflected in the Bid Documents with respect to underground facilities at or contiguous to the site are based upon information and data furnished to

Owner and Architect/Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof.

Additional information may be obtained from dry utility providers.

5.3 Before submitting a Bid, each Bidder will, at Bidder’s own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the existing conditions (surface, subsurface, and underground facilities) at or contiguous to the site which may affect cost, progress, performance, or furnishing of the Work and which Bidder deems necessary to determine for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Bid Documents.

5.4 Upon request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations.

5.5 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and other lands designated for use by Successful Bidder in performing the Work are identified in the Bid Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Successful Bidder. Easements for permanent structures or permanent changes in existing structures required by the construction plans are to be obtained and paid for by Owner unless otherwise provided in the Bid Documents.

5.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon performing and furnishing the Work required by the Bid Documents, and such means, methods, techniques, sequences, or procedures of construction as may be indicated in; or sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the

Work.

6. INTERPRETATIONS AND ADDENDA

6.1 All questions concerning this project must be submitted in writing to U3P.

Interpretations or clarifications considered necessary by Owner/Engineer in response to such questions will be issued by Addenda and delivered to all parties through U3P.

Questions must be received by the time specified in the Invitation for Bids.

6.2 Addenda may also be issued to modify the Bid Documents as deemed advisable by

Owner or Architect/Engineer.

7. BID SECURITY

7.1. Each Bid must be accompanied by Bid security made payable to “Park City

Municipal Corporation” in an amount of 5% of the Bidder’s maximum Bid price and in the form of a cashier’s check or a bid bond utilizing the American Institute of

Architects Document A310 - Bid Bond (or equivalent) issued by a surety authorized to do business in Utah.

7.2. Bid security must be delivered by 11:00 a.m. on Thursday September 10, 2026.

Bidder shall deliver bid security in a sealed envelope in person to the Office of the

City Engineer, Attn: Dawn Wagner, 445 Marsac Avenue, Park City, UT 84060.

7.3 The Bid security of the Successful Bidder will be retained until such Bidder has executed an agreement and furnished the required contract security, whereupon the

Bid security will be returned. If the Successful Bidder fails to execute and deliver the agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice and Award and the Bid security of the Bidder will be forfeited. The Bid security of other bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the effective date of the agreement or the 46th day after the

Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening.

8. CONTRACT TIME

The project completion date shall be May 4, 2027.

9. LIQUIDATED DAMAGES

Provisions for liquidated damages are set forth in the Construction Agreement. The Successful

Bidder agrees to $150/day and shall provide initials on the Construction Agreement at the time of execution.

10. SUBSTITUTE OR “OR-EQUAL” ITEMS

The contract, if awarded, will be on the basis of materials and equipment described in the Bid

Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bid Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Successful Bidder if acceptable to

Architect/Engineer, application for such acceptance will not be considered by

Architect/Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Successful Bidder and consideration by

Architect/Engineer is set forth in the General Conditions and may be supplemented in the

General Requirements.

11. SUBCONTACTORS, SUPPLIERS, AND OTHERS

A LIST OF ALL Subcontractors whom the Bidder will use to complete the work must accompany the Bid. The Owner reserves the right to accept or reject proposed

Subcontractors. If a proposed Subcontractor is rejected, Successful Bidder shall submit a substitute acceptable to the Owner and without an increase in Bid price.

12. BID FORM

12.1 The Bid Form is included with the Bid Documents.

12.2 All blanks on the Bid Form must be completed.

12.3 Bids must be executed by an authorized signatory that is officially empowered to sign documents and legally bind the Bidder organization.

12.4 All names must be typed or printed below the signature.

12.5 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

12.6 The address and telephone number for communications regarding the Bid must be shown.

12.7 Bidders must complete all schedules and all alternates included in the Bid Form.

Failure to do so shall make the Bid non-responsive.

13. SUBMISSION OF BID

Bids must be uploaded to the Utah Public Procurement Place (“U3P”) by 11:00 AM local time on Thursday September 10, 2026. At 1:00 PM, that same day, bids will be publicly opened and read aloud in a hybrid meeting via virtual meeting or in the East Conference

Room of Park City Hall located at 445 Marsac Avenue, Park City, UT 84060. Email Dawn

Wagner at dawn.wagner@parkcity.gov for virtual meeting link.

14. MODIFICATION AND WITHDRAWAL OF BIDS

14.1 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

14.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of

Owner that there was a material and substantial mistake in the preparation of its Bid, then Bidder may withdraw its Bid, and the Bid Security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the

Work.

15. OPENING OF BIDS

Bids will be opened at the time and place indicated in the invitation for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

All Bids will remain subject to acceptance for 45 days after the day of the Bid Opening.

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

17. AWARD OF CONTRACT

17.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced, or conditional Bids. Also, Owner reserves the right to reject the Bid or any Bidder if Owner believes that it would not be in the best interest of the project to mailto:dawn.wagner@parkcity.gov%20 make an award to that Bidder, whether because the Bid is not responsive or the

Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. Proposals lacking required information will not be considered.

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

Award. Qualifications shall be submitted by the Apparent Low Bidder, if requested by the Owner, within three days of the issuance of the request by the Owner. Owner's policy is to make reasonable attempts to promote local businesses by procuring goods and services from local vendors and service providers, in compliance with Federal, State, and local procurement laws.

17.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations are submitted as evidence of Bidder’s project qualifications.

17.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Bid Documents to Owner’s satisfaction within the prescribed time.

17.5 The award of a contract may be subject to approval by the Park City Council. The anticipated City Council date of approval is October 8 or 22, 2026.

17.6 The Owner intends to issue one contract for all schedules included in the Bid Form.

The Owner reserves the right to award only specific schedules as included in the Bid

Form.

17.7 At its option, the Owner may include the Additive Alternate item(s), if any, which are listed in the Bid Form, in the agreement.

17.8 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of

Award within 45 days after the day of the Bid Opening.

18. CONTRACT SECURITY AND INSURANCE

Sections 2 and 3 of the attached Construction Agreement set forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by such bonds.

19. SIGNING OF AGREEMENT

Within seven days after Council award, a Notice of Award will be sent to the Successful

Bidder. Prior to execution of the Construction Agreement, the Successful Bidder must submit certificates of insurance and endorsements as required in Section 3 of the attached

Construction Agreement. Upon execution by Owner, Owner shall make a fully signed copy available to Successful Bidder.

20. EXPLANATION OF ADDITIVE BID ITEMS

The intent of Additive Bid Items in the Bid Schedule is to allow the Owner, if items are encountered, to pay for said items in accordance with established Bid prices. These items shall be added to the contract in the event that they are deemed necessary by the

Architect/Engineer to complete the work outlined in the Bid Documents. All Bidders are required to submit a Bid price for additive or optional items.

21. QUALITY CONTROL

PCMC, Architect/Engineer, and staff, or other municipal representatives shall be allowed access to the project at all times for quality control inspection.

22. RESTRICTED WORK DATES

A list of restricted work dates can be found on PCMC’s website.

https://parkcity.gov/home/showpublisheddocument/74254/638369343118800000 https://parkcity.gov/home/showpublisheddocument/74254/638369343118800000

Bid Form

BID FORM

PROJECT IDENTIFICATION: Park City MARC Locker Room Renovation

THIS BID IS SUBMITTED TO: Park City Municipal Corporation

PO Box 1480

445 Marsac Avenue

Park City, UT 84060

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 Bid Documents to perform and furnish all

Work as specified or indicated in the Bid Documents for the Contract Price and within the

Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Bid Documents.

2. Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

This Bid will remain subject to acceptance for 45 days after the day of Bid opening. Bidder will sign and submit the Agreement with the bonds and other documents required by the

Contract and Bidding Requirements within 15 days after the date of Owner’s Notice of

Award.

3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

a. Bidder has examined copies of all the Bid Documents and of the Following Addenda

(receipt of all which is hereby acknowledged):

Date Number

b. Bidder has familiarized itself with the nature and extent of the Bid Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

c. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance for furnishing of the Work and Contract Price, within the Contract

Time and in accordance with the other terms and conditions of the Bid Documents; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes.

d. Bidder has reviewed and checked all information and data shown or indicated on the Bid

Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Bid Documents.

e. Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Bid

Documents.

f. Bidder has given Architect/Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by

Architect/Engineer is acceptable to Bidder.

g. The Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. Bidder has not solicited or induced any person, firm or corporation to refrain from bidding. And Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

4. The Project Completion Date shall be as stated on the Bid Form and the executed

Construction Agreement. The project shall be substantially completed by December 15, 2026. The final project completion date shall be December 31, 2026. The successful Bidder, simultaneously with the execution of the Construction Agreement, will be required to furnish

Performance and Payment Bonds in the amount equal to one hundred percent (100%) of the contract price, said bonds shall be secured from a company satisfactory to Park City

Municipal Corporation, and shall be completed on AIA Document A312–2010 for Payment and Performance Bonds. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time.

5. The following documents are attached to and are made conditions of this Bid:

a. Bid Security in the Form of a Bid Bond or cashier’s check

b. Proposed Subcontractor List

c. Bidder Qualification Sheet

d. Contractor license

6. Communications concerning this Bid shall be addressed to:

Name of Bidder

Contact Person

Address

Telephone & email

7. If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications or other proposed Bid Documents, they may submit to the Architect/Engineer a written request for an interpretation thereof. The person submitting the request must do so through U3P. Any interpretation of the proposed documents will be made only by Addendum duly issued and a copy of such Addendum will be available through U3P. Neither the Owner nor the Architect/Engineer will be responsible for any other explanations or interpretations of the proposed documents.

8. Unless the records are otherwise exempted from disclosure, all submittals shall be public records in accordance with government records regulations (“GRAMA”).

9. The Construction Agreement will prevail in all cases, followed by Specifications, Special

Provisions, and General Conditions.

BASE BID – for the Park City MARC Locker Room Renovation project:

For the Base Bid portion of the Work described in the Bid Documents and shown on the Drawings and described in the Project Manual, I/We agree to perform for the lump sum of:

Dollars ($ ) In the case of discrepancy, written amount shall govern)

ADD ALTERNATE NO. 1 – INFRARED SAUNAS

For the Alternate No. 1 – Infrared Saunas portion of the Work described in the Bid Documents and shown on the Drawings and described in the Project Manual, I/We agree to perform for the lump sum of:

ADD ALTERNATE NO. 2 – PLASTIC LOCKERS

For the Alternate No. 2 – Plastic Lockers portion of the Work described in the Bid Documents and shown on the Drawings and described in the Project Manual, I/We agree to perform for the lump sum of:

The undersigned, in compliance with the Invitation for Bids for the PARK CITY MARC

LOCKER ROOM RENOVATION, in PARK CITY, UTAH, having examined the Drawings and Specifications and related Documents and the site of the proposed work and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of labor, hereby offer to furnish all labor, materials and supplies as required for the work in accordance with the Bid Documents as specified and within the time set forth and at the price stated above.

This price is to cover all expenses incurred in performing the work required under the Bid

Documents of which this Bid is a part.

SUBMITTED ON , 2026.

Name of Bidder (Organization)

Utah Contractor’s License Number

By

(Signature)

Name

(Individual’s Name)

Title

* Bids must be signed by an authorized signer for the Bidder and evidence of authority to sign must be included or provided upon request.

LIST OF PROPOSED SUBCONTRACTORS

SUBCONTRACTOR

ADDRESS

TELEPHONE

PORTION OF

WORK

1.

2.

3.

4.

5.

6.

BIDDER QUALIFICATION SHEET

(List similar projects completed by the Bidder over the past three years) Date

NAME OF PROJECT DOLLAR AMT

OF

PROJECT

OWNER REFERENCE (NAME

AND

TELEPHONENO.)

INVOLVEMENT OR

ROLE

IN PROJECT

COMPLETION

ONTIME WITHIN

BUDGET

Template Updated 3-26 CONTRACT#_____________

CONSTRUCTION AGREEMENT

This Construction Agreement (“Agreement”) is between PARK CITY MUNICIPAL CORPORATION, a Utah municipal corporation (“PCMC”), and _________________________________________, a ________________ (insert state of incorporation) ______________________ (insert either “corporation” or “limited liability company”) (“Contractor”).

PURPOSE: For the project known as (the “Project”), located at . The Project consists of

The parties agree as follows:

SECTION 1. SCOPE OF WORK. Contractor shall furnish all labor, materials and equipment to complete the Project, consisting of the work described in the Information for Bidders as the Basic Bid, as specifically set out in the contract specifications, which is made a part hereof by reference.

The Project will be bound by the specifications referenced herein, according to the Invitation for Bids, the Instructions for Bidders, the General Project Requirements and Specifications, the Bid of the Contractor, Bid Bond, Drawings, Notice of Award and Notice to Proceed (collectively referred to as the “Contract Documents”), all of which are incorporated herein by reference and on file in the Engineering Department. To the extent that this Agreement conflicts in any way with a proposed form agreement which may have been submitted as part of the bid specifications, this Agreement shall control.

If any of the work performed by Contractor in any phase of the Project does not meet PCMC standards as outlined in the bid documents and specifications, then Contractor shall immediately repair or correct the work at no additional cost to PCMC.

A. Subcontractors. No part of this Agreement shall be subcontracted by the Contractor without prior written approval by PCMC through the Project Manager/Engineer. The Contractor shall be fully responsible to PCMC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by it.

If written approval is granted to subcontract a part of this Agreement, the Contractor shall require each subcontractor that physically performs services within Utah to submit an affidavit to the Contractor stating that the subcontractor has used E-Verify, or an equivalent program, to verify the employment status of each new employee.

The Contractor shall, within 10 days of submittal of request for final payment, include an affidavit showing satisfactory evidence that all claims of subcontractors, laborers and material men who supplied services or materials to the Project have been fully paid, discharged, or waived. The Contractor shall submit lien waivers for each pay release.

If PCMC reasonably believes that Contractor has failed to pay Subcontractors, materialmen, or laborers for work on the Project within a reasonable time of when payment is due, then PCMC may, after having notified the Contractor, either pay unpaid bills or withhold from the release of Contractor's payment bond for this Project, a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged and a 10% fee for administering such claims.

B. Standards of Workmanship. Contractor shall demonstrate workmanship equal to or better than current industry standards for this Project. Where PCMC specifications exist, (for example, asphalt, concrete, irrigation, sprinkling system and landscaping), they shall provide the benchmark for determination of acceptability.

C. Inspection and Testing. All materials and equipment used in the construction shall be subject to inspection by the Project Manager/Engineer. If laws, ordinances, rules or regulations of any public authority having jurisdiction require any work to specifically be inspected, tested, or approved by someone other than Project Manager/Engineer, the Contractor shall give the Project Manager/Engineer timely notice of readiness.

Inspections, tests or approvals by PCMC or appropriate authorities will not relieve the Contractor from obligations to perform the work in accordance with the requirements of the Contract Documents and/or provisions. The Project Manager/Engineer and other designated persons will at all times have access to the work. All work shall ultimately be inspected for final acceptance by the Project Manager/Engineer within a reasonable time upon receipt of notice from the Contractor that work is complete and ready for final inspection.

During construction, the work will be inspected and observed by the Project Manager/Engineer or his designated representative. All work that is deficient or does not meet specifications shall be removed and replaced with proper material at Contractor's expense.

D. Warranty. Contractor warrants that all materials and supplies used in the construction of the Project shall be new, except as otherwise agreed to in writing by PCMC's Representative. All materials, equipment, parts and labor and any necessary corrections to the Project shall be guaranteed for a period of at least one year following the date of substantial completion of the Project under the terms of the performance bond or as provided in the project specifications and construction documents, whichever is longer.

E. Adopted Codes. All work shall be completed at a minimum in accordance with all building, electric and energy codes adopted by PCMC.

SECTION 2. PERFORMANCE AND PAYMENT BONDS. Contractor shall furnish to PCMC payment and performance bonds in a form approved by the City Attorney’s Office guaranteeing Contractor's payment and performance, in the amount, for each separately, of 100% of the Agreement Amount.

{OPTIONAL}: At City’s discretion, Contractor shall also furnish a warranty bond on AIA Form A313, or as satisfactory to the City.

The Surety furnishing these Bonds must be listed in the latest revision of the “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The amount of the bond issued shall not exceed the single bond limit as stated in Circular 570.

The Surety shall be licensed and in good standing with the State of Utah and shall have at least an A- policyholder’s rating and a Class VII financial rating in the latest issue of Best's Key Rating Guide.

SECTION 3. INSURANCE. At its own cost and expense, Contractor shall maintain the following mandatory insurance coverage to protect against claims for injuries to persons or property damage that may arise from or relate to the performance of this Agreement by Contractor, its agents, representatives, employees, or Subcontractors for the entire duration of this Agreement or for such longer period of time as set forth below. Prior to commencing any work, Contractor shall furnish a certificate of insurance as evidence of the requisite coverage. The certificate of insurance must include endorsements for additional insured, waiver of subrogation, primary and non-contributory status, and completed operations.

A. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance on a primary and non-contributory basis in comparison to all other insurance, including PCMC’s own policies of insurance, for all claims against PCMC.

The policy must be written on an occurrence basis with limits not less than $2,000,000 per occurrence and $3,000,000 aggregate for personal injury and property damage.

Coverage shall include but not be limited to: blanket contractual; products/completed operations; explosion, collapse and underground (XCU) if specifically requested; and employer's practices. Upon request of PCMC, Contractor must increase the policy limits to at least the amount of the limitation of judgments described in Utah Code § 63G-7-

604, the Governmental Immunity Act of Utah (or successor provision), as calculated by the state risk manager every two years and stated in Utah Admin. Code R37-4-3 (or successor provision).

B. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance with a combined single limit of not less than $2,000,000 per accident for bodily injury and property damage arising out of the ownership, maintenance, and use of owned, hired, and non-owned motor vehicles. This policy must not contain any exclusion or limitation with respect to loading or unloading of a covered vehicle.

C. Workers’ Compensation Insurance and Employer’s Liability. Contractor shall maintain workers’ compensation insurance with limits not less than the amount required by statute, and employer’s liability insurance limits of at least $1,000,000 each accident, $1,000,000 for bodily injury by accident, and $1,000,000 each employee for injury by disease. The workers’ compensation policy must be endorsed with a waiver of subrogation in favor of “Park City Municipal Corporation” for all work performed by the Contractor, its employees, agents, and Subcontractors.

D. Builder’s Risk Insurance (Course of Construction) (at PCMC’s discretion).

Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. Such coverage shall name “Park City Municipal Corporation” as an additional insured.

E. Contractor’s Pollution Liability (at PCMC’s discretion). Contractor shall maintain Contractors Pollution Liability insurance, on an occurrence basis, with limits of $1,000,000 per occurrence and $2,000,000 aggregate, covering third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from the Contractor’s operations and completed operations. This coverage must include an Over the Road Pollution enhancement. The insurance shall be maintained for no less than three years after final completion.

F. Insured Parties. Each policy and all renewals or replacements, except those policies for Workers Compensation and Employer’s Liability, must name PCMC (and its officers, agents, and employees) as additional insureds on a primary and non-contributory basis with respect to liability arising out of work, operations, and completed operations performed by or on behalf of Contractor.

G. Waiver of Subrogation. Contractor waives all rights against PCMC and any other additional insureds for recovery of any loss or damages to the extent these damages are covered by any of the insurance policies required under this Agreement. Contractor shall cause each policy to be endorsed with a waiver of subrogation in favor of PCMC for all work performed by Contractor, its employees, agents, and Subcontractors.

H. Quality of Insurance Companies. All required insurance policies must be issued by insurance companies qualified to do business in the state of Utah and listed on the United States Treasury Department's current Department of Treasury Fiscal Services List 570, or having a general policyholders rating of not less than "A-" in the most current available A.M. Best Co., Inc.'s, Best Insurance Report, or equivalent.

I. Cancellation. Should any of Contractor’s required insurance policies under this Agreement be cancelled before the termination or completion of this Agreement, Contractor must deliver notice to PCMC within 30 days of cancellation. PCMC may request and Contractor must provide within 10 days certified copies of any required policies during the term of this Agreement.

J. Additional Coverage. Notwithstanding anything to the contrary, if Contractor has procured any insurance coverage or limits (either primary or on an excess basis) that exceed the minimum acceptable coverage or limits set forth in this Agreement, the broadest coverage and highest limits actually afforded under the applicable policy(ies) of insurance are the coverage and limits required by this Agreement and such coverage and limits must be provided in full to the additional insureds and indemnified parties under this Agreement. The parties expressly intend that the provisions in this Agreement will be construed as broadly as permitted to be construed by applicable law to afford the maximum insurance coverage available under Contractor’s insurance policies.

K. No representation. In specifying minimum Contractor’s insurance requirements, PCMC does not represent that such insurance is adequate to protect Contractor from loss, damage or liability arising from its work. Contractor is solely responsible to inform itself of types or amounts of insurance it may need beyond these requirements to protect itself.

SECTION 4. AGREEMENT AMOUNT, ACCEPTANCE OF WHOLE, ADDITIONS. PCMC shall pay Contractor a total sum not to exceed $(numerically) (“Agreement Amount”) for all work and materials expended to complete this Project, which shall include the cost of all bonds, insurance, and all charges, fees, permits (including water and sewer fees, unless waived), expenses or assessments of whatever kind or character that are or may be necessary to complete this Project, including any additive alternates listed within the scope of work described in Section 1.

SECTION 5. PERMITS AND FEES. As set out in Section 4 above, the Agreement Amount includes the price of all normally applicable fees and permits. PCMC may, at its discretion, arrange for the waiver of certain fees, permits and expenses.

SECTION 6. TERMS OF PAYMENT. PCMC shall pay for services provided hereunder according to and in an aggregate amount not to exceed the Agreement Amount or as detailed in an attached payment schedule (if attached, will be Attachment A) and only upon Contractor's request on forms approved by and submitted to the Project Manager. PCMC shall make payment within 30 days thereafter. Requests for a more rapid payment may be considered if a discount is offered for early payment. At no time shall the aggregate amount of money paid to the Contractor in proportion to the Agreement Amount be greater than the proportion of the work performed at that point to the total Project work. No payment shall be made for any service rendered by the Contractor except for services set forth and identified in this Agreement. PCMC reserves the right to withhold payment in whole or part from the Contractor for non-compliance with the provisions of the Contract Documents.

A. Retainage. PCMC may, in its sole discretion (1) retain 5% of the value of all work done and materials or equipment supplied as part security for the fulfillment of the Agreement by the Contractor; or (2) retain the final payment of up to 5% of the total Project amount. As work nears completion and solely at PCMC's discretion, PCMC may reduce the retainage to an amount more in line with the work remaining. PCMC reserves the right to retain all amounts previously withheld or due, including any liquidated damages, until all services specified herein are complete. Any money withheld pursuant to this section shall be placed in an interest bearing account and the interest shall also be payable to the Contractor upon final payment.

Before final payment is made, the Contractor must submit evidence satisfactory to PCMC that all payrolls, material bills, subcontracts and all outstanding indebtedness in connection with the Project have been paid for.

PCMC may withhold a reasonable amount of the payment bond sufficient to cover any outstanding indebtedness or monies owed or claimed by any person who supplied work or materials to the Project plus 10% of such indebtedness as PCMC's cost of administering such claims until Contractor supplies a release satisfactory to PCMC, signed by all persons who have supplied labor or materials to the Project or, at PCMC's option if no claim is made, until 105 days after the date on which any person performed the last of the labor or supplied the last of the material for the Project and upon written request from the Contractor.

The Contractor shall supply to the Project Manager/Engineer within a reasonable time after his/her request a signed statement verifying all the suppliers, subcontractors, and other persons who have supplied labor or materials to the Project.

B. Final Payment. Acceptance by the Contractor of the final payment from PCMC shall release PCMC of all claims, demands and liability of the Contractor, its officers, agents, employees and subcontractors, whether communicated or not by the Contractor, except with respect to those matters referred to in writing delivered to the Contractor and approved in a signed writing by the Project Manager.

SECTION 7. COMPLETION TIME. The work on this Project shall commence within 10 days of receipt of the Notice to Proceed and shall be completed by . Work stoppage due to inclement weather conditions and other factors must be approved in writing by the Project Manager. Inclement weather shall not otherwise constitute cause for delay. Unless otherwise agreed by PCMC by change order, no damages shall become due to Contractor for

PCMC-caused delay. A change order for delay will generally be accepted for delay so excessive and unreasonable that it is beyond the scope of the Agreement or delay attributed to direct, active or willful interference by PCMC. The change order must be based upon actual damages sustained by the Contractor which are directly attributed to the delay.

In the event that Contractor fails to complete all of the work required herein within the time limit set out above, then for each partial or complete day during which the work remains uncompleted thereafter, the Contractor agrees to pay PCMC $150 (______) - Contractor Initials) which the parties believe, due to the difficulty of actually assessing the damages PCMC will suffer in the event of such a delay, is a fair estimate of the loss PCMC will suffer. The parties agree that the daily liquidated damages provided for herein is reasonable and fair and is not a penalty. TIME IS

OF THE ESSENCE IN THIS AGREEMENT.

SECTION 8. ADDITIONAL WORK/CHANGE ORDERS. PCMC may enlarge or reduce the work to be performed by Contractor hereunder by written notification to Contractor, including changes to the plans and specifications. PCMC shall pay Contractor for any additional work so requested, and shall reduce the payment to the Contractor for any reduction in labor, materials, overhead and profit margin resulting from the reduction in the work. Except as PCMC shall so notify the Contractor in writing, it is understood and agreed by the parties hereto that no money will be paid to the Contractor for any new or additional labor or materials furnished unless a written modification is agreed to in a document signed by both parties.

The value of any work covered by a change order or of any claim for increase or decrease in the Agreement Amount shall be determined by one or more of the following methods in order of precedence listed below:

A. An agreed lump sum; or in the event the parties cannot agree; then

B. The unit rate for the work bid by the Contractor, if applicable, or in the event there was no such rate bid; then

C. The actual cost for: (1) labor; (2) materials; (3) supplies; (4) equipment; (5) direct overhead (not to exceed 5% of the sum total of items 1–4, unless approved by PCMC);

and (6) other services necessary and approved by PCMC to complete the work. In the event of a net increase in the Agreement Amount for a change order as a whole, PCMC shall allow a payment to the Contractor of an additional 10% of the actual cost of the work, not including direct overhead or bond costs, to cover the cost of general overhead and profit. The Contractor may also charge PCMC for actual cost of the net increase in bond costs as a result of the overall change to the Agreement Amount. PCMC specifically reserves the right to request documentation, including, but not limited to, payroll stubs, bond bills, and invoices, to validate the Contractor’s calculations.

SECTION 9. DISPUTES. Except as otherwise provided in this Agreement, any disputes concerning a question of fact arising under this Agreement which are not disposed of by agreement shall be decided by PCMC. The decision of PCMC shall be final and conclusive unless, within 30 days from the date of receipt of such decision the Contractor shall mail or otherwise furnish PCMC a written signed appeal addressed to the Project Manager/Engineer. In connection with any appeal proceeding under this clause, the Contractor will be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor will proceed diligently with the performance of this Agreement and in accordance with PCMC's decision. The decision of PCMC shall be final and conclusive but shall not be arbitrary or unreasonable. Although this Agreement has been drafted by PCMC, the Contractor expressly agrees that any ambiguity herein shall be resolved in favor of PCMC.

SECTION 10. DEFAULT, REMEDY AND TERMINATION. PCMC may terminate this Agreement upon the occurrence of one or more of the following events:

A. If Contractor or any subcontractor should substantially violate any of the provisions of this Agreement;

B. If Contractor substantially fails to perform any part of this Agreement;

C. If Contractor repeatedly fails or becomes unable to perform the services under this Agreement as required herein, or substantially fails to provide services under this Agreement for a period of 72 hours;

D. If Contractor (1) shall become insolvent in a bankruptcy case; (2) shall be generally not paying its debts as they become due, or within a reasonable time thereafter; (3) shall suffer, voluntarily or involuntarily, the entry of an order by any court or governmental authority authorizing the appointment of or appointing of a custodian (as that term is defined in 11 U.S.C. §101(11)), receiver, trustee, or other officer with similar powers with respect to it or any portion of its property which remains undismissed for a period of 90 days; (4) shall suffer, voluntarily or involuntarily, with or without judicial or governmental authorization, any such custodian, receiver, trustee, or other officer with similar powers to take possession of any part of its property which third party remains in possession for an excess of 90 days; (5) shall suffer, voluntarily or involuntarily, the filing of a petition respecting an assignment for the benefit of creditors which is not dismissed for a period of 90 days; (6) shall be dissolved; (7) shall become the subject of any proceeding, suit, or action at law or in equity under or relating to any bankruptcy, reorganization or arrangement of debt, insolvency, readjustment of debt, receivership, liquidation, or dissolution law or statute or amendments thereto to be commenced by or against it or against any of its property which remains undismissed for a period of 90 days; (8) shall voluntarily suspend substantially all of its business operations; (9) shall be merged with, acquired by, or otherwise absorbed by any individual, corporation, or other business entity or organization of any kind except for any individual corporation or other business entity or organization which is controlled by, controlling, or under common control with the Contractor; or (10) shall take action for the purpose of any of the foregoing.

After serving 10 days written notice on the Contractor and its surety of its intention to terminate the…