4-26-296 - BID DOCUMENTS.pdf

Form approved by Legal – November 2023

CONTRACT DOCUMENTS

FOR

GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

Project No. 26-296 St. George, Utah

JULY 2026

Prepared By:

City of St. George Public Works

St. George, Utah

TABLE OF CONTENTS

BID DOCUMENTS

Information for Bidders

Bid Terms

AGREEMENT DOCUMENTS

Agreement

Payment Bond

Performance Bond

Certification of Legal Work Status (Sub-Contractor)

Notice of Award

Notice to Proceed

Certification of Legal Work Status (Payment Request)

Conditional Waiver and Release Upon Progress Payment (General Contractor)

Conditional Waiver and Release Upon Progress Payment (Sub-Contractor)

Waiver and Release Upon Final Payment (General Contractor)

Waiver and Release Upon Final Payment (Sub-Contractor)

Request for Information

Change Order

Notice of Substantial Completion

Final Acceptance Letter

GENERAL CONDITIONS

1. Definitions

2. Additional Instructions and Detail Drawings

3. Schedules, Reports, and Records

4. Drawings and Specifications

5. Shop Drawings and Samples

6. Materials, Services and Facilities

7. Inspection and Testing

8. Substitutions

9. Patents

10. Surveys, Permits, Regulations

11. Protection of Work, Property, Persons

12. Supervision by Contractor

13. Changes in the Work

14. Changes in Contract Price

15. Time for Completion and Liquidated Damages

16. Correction of Work

17. Subsurface Conditions

18. Suspension of Work, Termination and Delay

19. Payments to Contractor

20. Acceptance of Final Payment as Release

21. Insurance

22. Contract Security

23. Assignments

24. Indemnification

25. Separate Contracts

26. Subcontracting

27. Inspecting Officer's Authority

28. Land and Rights-of-Way

29. Guarantee

30. Taxes

31. Construction Staking

32. Safety and Health

33. References

34. Site Examination

35. Coordination with Existing Trades

36. Public Safety and Traffic Control

37. Project Meetings

38. Operations within the Right-of-Way

39. Temporary Facilities and Utilities

40. Contract Closeout

41. Breach of Contract

42. Compliance Certification of Legal Work Status

PLANS

TECHNICAL SPECIFICATIONS

1. City of St. George Standard Specifications for Design and Construction , latest edition as administered by the City of St. George.

2. City of St. George Energy Services Underground Power Construction Standards , latest edition as administered by the City of St. George.

3. Utah Department of Transportation (UDOT) Standard Specifications for Road and Bridge Construction, latest edition as administered by the Utah Department of Transportation.

4. US Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways, (MUTCD), 11th Edition.

5. Southern Utah Regional Trail Standards , 2024.

SPECIAL PROVISIONS

1. US Army Corps of Engineers, George Washington Boulevard Bridge Nationwide Permit, Action ID SPK-2023-00569, Special Conditions.

REFERENCE DOCUMENTS

1. Rosenberg Associates Proposed George Washington Boulevard Extension Project Geotechnical Investigation Report, dated October 2025.

2. Rosenberg Associates Proposed Pedestrian Bridge Over Future George Washington Boulevard Geotechnical Investigation Report, dated July 2026.

3. IGES Redi - Rock Retaining Wall Design Package - Pedestrian Bridge Over Future George Washington Boulevard, St. George, Utah, dated July 2026.

INFORMATION FOR BIDDERS

The City of St. George, hereinafter called “CITY,” shall receive BIDS for the following:

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

PROJECT NO: 26-296

PROJECT DESCRIPTION:

1. The Project consists of constructing approximately 5,300 linear feet of the George Washington Parkway, connecting River Road on the east end to the new bridge currently under construction on the west end. The roadway pavement will accommodate two travel lanes in each direction, plus turn lanes as indicated on the Project Improvement Plans. The Project will also include the construction of new underground utilities, the re-routing of existing utilities, and the re-alignment of the existing pedestrian/bicycle trail. The pedestrian/bicycle trail will include construction of a new crossing over the George Washington Parkway and placement of a pre-fabricated bridge (bridge to be purchased separately by the CITY).

BID SUBMITTAL REQUIREMENTS:

1. BID TIMELINE:

BID OPENING DATE: July 17, 2026

PRE-BID MEETING DATE AND TIME: July 22, 2026, 2:00 PM

PRE-BID MEETING LOCATION: City Hall, 61 South Main, St. George, UT

PRE-BID MANDATORY (YES/NO) Yes

QUESTIONS DUE DATE: July 29, 2026, 2:00 PM

SUBMISSIONS CLOSE DATE: August 6, 2026, 2:00 PM

2. All BIDS must be submitted via sgcity-utah.bonfirehub.com. Any BID may be edited or withdrawn prior to the above scheduled time for the opening of BIDS. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the CITY and the BIDDER (See Awarding the Contract, item 8 below).

3. Each BID must be accompanied by Work Qualification, Bid Schedule, and Construction Schedule. Contractors will be ranked and project awarded based on the following item criterion.

https://sgcity-utah.bonfirehub.com/%20

• Work Qualification – A minimum of three (3) past projects that are similar in nature (see Paragraph 8 below). 5 points possible

• St. George City past performance evaluations (internal review only). 5 points possible

• Bid Schedule. 50 points possible

• Construction Schedule – The contractors proposed schedule shall demonstrate resources and ability to complete the project in accordance with Paragraph 6, 7, 9 and 10 below. Construction schedule shall be submitted in PDF format. 40 points possible

4. BIDS shall be based on the BID SCHEDULE UNIT PRICES and shall include all work called for by the plans and specifications and bidding documents. In the case of a discrepancy in the extension of a line item, the unit price shall govern. In the case of a difference between the amount written in words and the amount written in figures, the written words shall govern.

BIDDERS must satisfy themselves of the accuracy of the estimated quantities, where given, by examination of the site and a review of the drawings and specifications including ADDENDA.

After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done. UNIT PRICES as called for in the BID Schedule shall be submitted to cover all additions and deductions in the scope of the WORK. CITY has the right to reduce or remove items from the project.

5. Bid Schedules are included in the Requested Information for a Base Bid and any alternates. It is the CITY'S intent to award this contract based upon the Base Bid. The CITY, in consultation with the ENGINEER, shall add bid items at the City’s sole discretion. The low bid shall be considered to be the bid which has the lowest base bid items selected by the CITY for inclusion in the final Agreement.

6. The CONSTRUCTION SCHEDULE is particularly important to the CITY. The BID shall include a construction schedule prepared using spreadsheet or scheduling software, showing all main work categories, the number of crews working on the project each week, the size of each crew, which specific bid items will be worked on each week, a similar weekly schedule with number of working crews and specific bid items by each subcontractor. The schedule must also include at a minimum the following milestones with dates to be completed:

Earthwork and Backfill of Pedestrian Bridge : Shall be completed within two months following the Notice to Proceed.

Construction of MSE Wall for Bridge Abutment : Construction shall be completed within one month after completion of the earthwork and backfill of the pedestrian bridge.

Work Within the Virgin River Riparian Zone : All work within the riparian zone shall be completed before April 1, 2027.

Installation of Pedestrian Bridge : Shall be installed before June 1, 2027.

Roadway Paving and Pavement Striping : Shall reflect a minimum two lanes of travel being open on or before July 1, 2027.

Substantial Completion : Shall be on or before July 15, 2027. Substantial Completion will not be issued unless all underground utilities have been fully installed and all roadway improvements have been fully completed.

Final Project Completion : Shall be on or before August 15, 2027.

7. It is the CITY'S intention to commence construction within 20 calendar days of the Notice of Award, subject to the provisions section AWARDING CONTRACT, and to complete the project in accordance with the Construction Schedule submitted in accordance with Paragraph 3 and 6 above. BIDDERS must be able to commit to these dates before submitting Bids.

8. The BIDDER shall list work experience on similar relevant projects in the Bid Forms which shall include a minimum of three projects of similar cost, complexity, and duration, including references for each project listed. The CITY reserves the right to reject any and all bids where it deems the BIDDER lacks the specific experience necessary to perform the Work.

9. The BIDDER shall demonstrate that it has the capability to complete the required work utilizing its own workforce to perform at least 60% of the Contract Amount in the Bid Schedule(s).

10. The BIDDER shall list all subcontractors proposed for use in Bid Forms. The CITY reserves the right to reject any and all bids where it deems the BIDDER’s subcontractors lack the specific experience necessary to perform the Work. The BIDDER may not substitute subcontractors prior to – or during – construction without prior approval of the CITY.

11. The CITY shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and delineates and describes, the land owned, and rights-of-way acquired or to be acquired.

CONTRACT DOCUMENTS INCLUDING BONDS:

1. The CONTRACT DOCUMENTS contain the provisions required for the construction of the project. Information obtained from an officer, agent, or employee of the CITY or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the contract.

2. Each BID must be accompanied by a BID bond payable to the CITY for five percent of the total amount of the BID. As soon as the BID prices have been compared, the CITY will return the BONDS of all except the three lowest responsible BIDDERS. The BID BOND of the successful BIDDER will be retained until the payment BOND and performance BOND have been executed and approved and the Notice to Proceed has been issued, after which the BID BOND will be returned. A certified check may be used in lieu of a BID BOND.

3. A performance BOND and a payment BOND, each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the CITY, will be required for the faithful performance of the contract.

4. Attorneys-in-fact who sign BID BONDS, payment BONDS or performance BONDS must file with each BOND a certified copy of their power of attorney with the effective date.

AWARDING CONTRACT:

1. The CITY may waive any informalities, minor defects, or reject any and all BIDS.

2. The CITY may make such investigations as it deems necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the CITY all such information and data for this purpose as the CITY may request. The CITY reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the CITY that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the Agreement and to complete the WORK contemplated therein.

3. The BIDDER, by evidence of the submission of the BID, acknowledges that BIDDER and BIDDER’S subcontractors meet or exceed the specified requirements for related project experience and insurances, and that should the CITY discover at any time evidence to the contrary, BIDDER agrees to withdraw BIDDER’S BID and to allow the CITY to award the CONTRACT to the next lowest responsible BIDDER. BIDDER must have the proper contractor’s license for this type of project prior to bidding on the project. It is solely BIDDER’S responsibility to comply with all applicable federal, state, and local laws, regulations, and ordinances that affect this project.

4. Award will be made to the lowest responsible BIDDER as determined by the CITY using the criteria contained in City ordinances governing the award of contracts. The BID shall be awarded on the condition that the BIDDER provides all required documents prior to the NOTICE TO PROCEED being issued. Failure to provide the required documents shall be considered a default on the Contract and may result in the CITY awarding the Contract to another BIDDER in addition to other legal remedies.

5. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance BOND, the payment BOND, the Certificate of Legal Work Status for the BIDDER and all Subcontractors and the certificate of insurance within ten (10) calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms.

The bid shall be awarded on the condition that the BIDDER provides all required documents prior to the NOTICE TO PROCEED being issued. Failure to provide the required documents shall be considered a default on the Contract and may result in the City Awarding the CONTRACT to another BIDDER in addition to other legal remedies.

6. In case of failure of the BIDDER to execute the Agreement or is found to be ineligible or becomes ineligible to meet all the requirements for the project, the CITY may at its option consider the BIDDER in default, in which case the BID BOND accompanying the proposal shall become the property of the CITY.

7. Upon receipt of acceptable performance BOND, payment BOND, insurance certificates and Agreement signed by the party to whom the Agreement was awarded, the CITY shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the CITY not execute the Agreement, the BIDDER may by WRITTEN NOTICE withdraw the BIDDER’S signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the CITY.

8. The NOTICE TO PROCEED shall be issued upon the following:

(a) Execution of the Agreement by the CONTRACTOR and delivery to the CITY;

(b) Submission by CONTRACTOR of required performance and payment BONDS to the CITY; and

(c) Submission by CONTRACTOR of all required insurance certificates to the CITY.

9. Issuance of the NOTICE TO PROCEED is contingent upon the CITY obtaining all required environmental permits (“Permits”) necessary to commence work. CITY may, in its sole discretion, delay issuance of the NOTICE TO PROCEED due to delays in receipt of the Permits. The CITY shall not be liable for any delay in issuance of the NOTICE TO PROCEED resulting from such circumstances.

The project shall comply with environmental time window restrictions as follows: active channel-disturbing work, including any river movement, shall occur only between September 1, 2026, and March 31, 2027. All construction activities within the riparian zone shall occur only between September 1, 2026 and March 31, 2027. Non-channel disturbing construction activities, and work outside the riparian zone, may occur at any time. All work shall comply with the Project Committed Measures and Best Management Practices (BMPs) and all applicable conditions of the Permits.

If, after issuance of the NOTICE TO PROCEED, the CONTRACTOR and CITY mutually determine and agree that work cannot be completed outside the active channel disturbing and riparian zone work windows described above, the CONTRACTOR may elect to:

(a) proceed with any authorized work that can be performed in compliance with the environmental timing restrictions and applicable permit conditions; or

(b) provide written notice to the CITY within fifteen (15) calendar days of its election to terminate the Agreement without any financial obligation or liability to either party.

If the CITY has not issued the NOTICE TO PROCEED within seventy-five (75) calendar days after the CONTRACTOR’s receipt of the NOTICE OF AWARD, the CONTRACTOR may, upon written notice to the CITY, terminate the Agreement for any reason without any financial obligation or liability to either party. If CONTRACTOR elects to terminate pursuant to the paragraph, CONTRACTOR must provide said written notice no later than seven (7) calendar days after expiration of the foregoing seventy-five (75) days. Failure to terminate by CONTRACTOR shall be deemed as acceptance of the delayed commencement date pending issuance of the NOTICE TO PROCEED.

10. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout.

11. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. Failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID.

END OF SECTION

BID TERMS

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

PROJECT NO: 26-296

Proposal of (“BIDDER"), organized and existing under the laws of the State of doing business as a corporation, partnership, or an individual (circle applicable status), to the City of St. George ("CITY"). Pursuant to and in compliance with the Public Notice, BIDDER hereby proposes to perform all Work for the above named Project in strict accordance with the Contract Documents, BIDDER'S Instructions, Drawings, Specifications, and other documents related thereto, the undersigned, having familiarized themselves with the existing conditions on the site and the conditions under which the work on the Drawings and in the Specifications is to be done, hereby proposes to furnish all labor, materials, equipment, incidental items, permits, fees, and services to perform all specified work on the above named project.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

All Work shall be in strict accordance with the Contract Documents and documents issued thereto and shall be installed at the price/prices set forth in the Contract Documents. Bidder acknowledges that all Work shall be done subject to CITY’S approval. Decisions and questions as to the quality, suitability, and acceptability of the materials, interpretation of drawings and specifications, and acceptable fulfillment of the Contract by the BIDDER shall be made by CITY.

Of particular importance to be considered in the BID are the following:

CONTRACT TIME AND LIQUIDATED DAMAGES

The WORK is to be performed within the specified CONTRACT TIME. If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or extension of time granted by the CITY, then the CONTRACTOR will pay the CITY LIQUIDATED DAMAGES assessed at the rates established as follows:

a) $1,000 (dollars) per day for each calendar day that the CONTRACTOR shall be in default after the CONTRACT TIME.

b) $1,000 (dollars) per day for failure to make repairs to deficiencies in the work within 10 days of notification to repair.

The rates specified in ‘b.’ above are cumulative and are in addition to LIQUIDATED DAMAGES assessed in association with the overall Contract Time as listed in ‘a.’ above. Additional information on LIQUIDATED DAMAGES is provided in the GENERAL CONDITIONS.

END OF SECTION

AGREEMENT

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

PROJECT NO: 26-296

THIS AGREEMENT, made this day of , 20__ by and between the City of St. George, hereinafter called "CITY" and doing business as a hereinafter called "CONTRACTOR".

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS on or before ________________ and will complete the work on or before _________________ in accordance with the Contract Documents unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS

2. CONTRACTOR agrees. to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms Contained in the CONTRACT DOCUMENTS and GENERAL CONDITIONS for the sum of $ , as detailed in the bid tabulation submitted by CONTRACTOR through the EUNA Procurement Portal and incorporated herein by reference.

3. CONTRACTOR agrees to file a notice of commencement for this project with the Utah State Construction Registry no later than 15 days after commencement of physical construction of the WORK described in the CONTRACT DOCUMENTS. CONTRACTOR shall comply with all provisions of Title 38 Chapter 1b, Utah Code Annotated, relating to government construction projects.

4. CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described therein. The term "CONTRACT DOCUMENTS" means and includes all documents included in the public request for bid and the bid tabulation submitted by the CONTRACTOR through the EUNA Procurement Portal and incorporated herein by reference.

5. “GENERAL CONDITIONS” means the document so titled contained within the CONTRACT

DOCUMENTS.

6. CITY will pay CONTRACTOR in the manner and at such times as set forth in the CONTRACT

DOCUMENTS.

7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in 2 copies, each of which shall be deemed an original on the date written above.

CITY OF ST. GEORGE CONTRACTOR

Jimmie B. Hughes, Mayor Contractor Name, Title

ATTEST: APPROVED AS TO FORM:

CITY ATTORNEY’S OFFICE

Christina Fernandez, City Recorder Alicia Galvany Carlton, Assistant City Attorney

PAYMENT BOND

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

PROJECT NO: 26-296

KNOW ALL MEN BY THESE PRESENTS:

(Name of Contractor)

(Address of Contractor) a , (Corporation, Partnership, or Individual) hereinafter called Principal, and

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto the City of St. George located at, 61 South

Main Street, St. George, Utah 84770 hereinafter called CITY, in the penal sum of

Dollars, $ ( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the CITY, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of the above-named project.

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including but not limited to all amounts due for all materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void;

otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the

WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the CONTRACT

DOCUMENTS.

PROVIDED, FURTHER, that no final settlement between the CITY and the

CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of 20 .

ATTEST:

Principal

(Principal) Secretary

(SEAL) By

____________________________________ Address Witness as to Principal

Address

ATTEST:

Surety

(Surety) Secretary

(SEAL) By__________________________________

Address

Witness as to Surety ____________________________________ Attorney-in-fact

Address

NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

PERFORMANCE BOND

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a (Corporation, Partnership, or Individual), hereinafter called Principal, and

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto the City of St. George located at 61 South

Main Street, St. George, Utah 84770 hereinafter called CITY, in the penal sum of

Dollars, $ ( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the CITY, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of the above-named project.

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the CITY, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the CITY from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the

CITY all outlay and expense which the CITY may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to

WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the

CONTRACT DOCUMENTS.

PROVIDED, FURTHER, that no final settlement between the CITY and the

CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of 20 .

ATTEST:

Principal

(Principal) Secretary

(SEAL) By

Address

Witness as to Principal

Address

ATTEST:

Surety

By__________________________________

Address

NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

CERTIFICATION OF LEGAL WORK STATUS (Subcontractors)

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

PROJECT NO: 26-296

Subcontractor certifies that it does not and will not during the performance of this contract knowingly employ, or subcontract with any entity which employs workers in violation of 8 USC § 1324a.

Subcontractor agrees to require all their subcontractors at the time they are hired for this project to sign a Certification of Legal Work Status and submit the Certification to City prior to any work being performed by the subcontractors. Subcontractor agrees to produce, at the City’s request, documents to verify compliance with applicable State and Federal laws. If Subcontractor knowingly employs workers or subcontractors in violation of 8 USC § 1324a, such violation shall be cause for unilateral cancellation of the contract between Contractor and City. In addition, Subcontractor may be suspended from participating in future projects with the City for a period of one (1) year. For purposes of compliance, the City requires Subcontractor and their subcontractors to use E-Verify to verify the employment eligibility of all employees as allowed by law and the E-Verify procedures.

Subcontractor and their subcontractors must maintain authorized documentation of the E-Verify.

I certify that I have read, understand and agree to comply with the requirements herein.

Subcontractor Name: ______________________________________________________

Company Address: _____________________________________________________

Company’s Unique E-Verification Number: _________________________________

Signature Date

Official Title

STATE OF UTAH )

ss.

County of Washington )

On the _____ day of _________ 20__, before me, __________________________, a notary public, personally appeared ____________________________ proved on the basis of satisfactory evidence to be the person whose name is subscribed to in this document, and acknowledged he/she executed the same voluntarily for its stated purpose.

Notary Public

NOTICE OF AWARD

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

To:

The CITY has considered the BID submitted by you for the above described project in response to its Advertisement for BIDS and Information for BIDDERS.

You are hereby notified that your BID has been accepted in the amount of $ on the condition that you execute the Agreement and obtain the performance BOND, the payment BOND, and the certificate of insurance within ten (10) calendar days from the date this NOTICE is delivered to you.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the CITY.

Dated this day of , 20 .

City of St. George

CITY

By

Name Jimmie B. Hughes

Title Mayor

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged

By , this the day of , 20__.

Name

Title

NOTICE TO PROCEED

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

PROJECT NO: 26-296

You are hereby notified to commence WORK in accordance with the Agreement entered into for this project on or before , and you are to complete all WORK in accordance with the

Contract Documents on or before .

City of St. George

CITY

By

Name Jimmie B. Hughes

Title Mayor

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged

By this the day of , 20

Name

CERTIFICATION OF LEGAL WORK STATUS

(Payment Request)

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

PROJECT NO: 26-296

Contractor certifies that it has not and will not during the performance of this contract knowingly employed, or subcontracted with any entity which employs workers in violation of 8 USC § 1324a.

Contractor has required all subcontractors at the time they were hired for this project to sign a Certification of Legal Work Status and submitted the Certification to City prior to any work being performed by the subcontractors.

Contractor agrees to produce, at the City’s request, documents to verify compliance with applicable State and Federal laws. If Contractor knowingly employs workers or subcontractors in violation of 8 USC § 1324a, such violation shall be cause for unilateral cancellation of the contract between Contractor and City. In addition, Contractor may be suspended from participating in future projects with the City for a period of one (1) year. In the event this contract is terminated due to a violation of 8 USC § 1324a by Contractor or a subcontractor of Contractor, Contractor shall be liable for any and all costs associated with such termination, including, but not limited to, any damages incurred by the City, excluding attorney fees. Contractor and City each agree to pay their own respective attorney fees. For purposes of compliance, the City requires Contractor and subcontractors to use E-Verify to verify the employment eligibility of all employees as allowed by law and the E-Verify procedures.

Contractor and subcontractors must maintain authorized documentation of the E-Verify.

I certify that I have read, understand and agree to comply with the requirements herein.

Contractor Name: _________________________________________________________________

Company Address: ________________________________________________________________

Company’s Unique E-Verification Number: ____________________________________________

Signature Title Date

STATE OF UTAH )

ss.

County of Washington )

On the _____ day of _________ 20__, before me, __________________________, a notary public, personally appeared ____________________________ proved on the basis of satisfactory evidence to be the person whose name is subscribed to in this document, and acknowledged he/she executed the same voluntarily for its stated purpose.

Notary Public

CONDITIONAL WAIVER AND RELEASE

(Payment Request – General Contractor)

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

PROJECT NO: 26-296

Undersigned's Customer: City of St. George

Invoice/Payment Application Number: ______________________________________________

Payment Amount: ______________________________________________________________

Payment Period: _______________________________________________________________

Contractor hereby releases and waives any notice of lien or right under Utah Code Ann., Title 38, Chapter 1, Mechanics' Liens, or any bond right under Utah Code Ann., Title 14, Contractors' Bonds, or Section 63G-6-505 related to payment rights the undersigned has on the above described Property once:

(1) the undersigned endorses a check in the above referenced Payment Amount payable to the undersigned; and

(2) the check is paid by the depository institution on which it is drawn.

This waiver and release applies to a progress payment for the work, materials, equipment, or a combination of work, materials, and equipment furnished by the undersigned to the Property or to the Undersigned's Customer which are the subject of the Invoice or Payment Application, but only to the extent of the Payment Amount. This waiver and release does not apply to any retention withheld; any items, modifications, or changes pending approval; disputed items and claims; or items furnished or invoiced after the Payment Period.

The undersigned warrants that the undersigned either has already paid or will use the money the undersigned receives from this progress payment promptly to pay in full all the undersigned's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or combination of work, materials, and equipment that are the subject of this waiver and release.

Dated: ________________________

Contractor Name: ______________________________________________________

Company Address: _____________________________________________________

Signature Title Date

CONDITIONAL WAIVER AND RELEASE

(Payment Request – Subcontractor)

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

PROJECT NO: 26-296

Undersigned's Customer: City of St. George

Invoice/Payment Application Number: ______________________________________________

Payment Amount: ______________________________________________________________

Payment Period: _______________________________________________________________

To the extent provided below, this document becomes effective to release and the undersigned is considered to waive any notice of lien or right under Utah Code Ann., Title 38, Chapter 1, Mechanics' Liens, or any bond right under Utah Code Ann., Title 14, Contractors' Bonds, or Section 63G-6-505 related to payment rights the undersigned has on the above described Property once:

(1) the undersigned endorses a check in the above referenced Payment Amount payable to the undersigned; and

(2) the check is paid by the depository institution on which it is drawn.

This waiver and release applies to a progress payment for the work, materials, equipment, or a combination of work, materials, and equipment furnished by the undersigned to the Property or to the Undersigned's Customer which are the subject of the Invoice or Payment Application, but only to the extent of the Payment Amount. This waiver and release does not apply to any retention withheld; any items, modifications, or changes pending approval; disputed items and claims; or items furnished or invoiced after the Payment Period.

The undersigned warrants that the undersigned either has already paid or will use the money the undersigned receives from this progress payment promptly to pay in full all the undersigned's laborers, subcontractors, material men, and suppliers for all work, materials, equipment, or combination of work, materials, and equipment that are the subject of this waiver and release.

Dated: ________________________

Contractor Name: ______________________________________________________

Company Address: _____________________________________________________

WAIVER AND RELEASE

(Final Payment – General Contractor)

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

PROJECT NO: 26-296

Undersigned's Customer: City of St. George

Invoice/Payment Application Number: _______________________________________________

Payment Amount: _______________________________________________________________

To the extent provided below, this document becomes effective to release and the undersigned is considered to waive any notice of lien or right under Utah Code Ann., Title 38, Chapter 1, Mechanics' Liens, or any bond right under Utah Code Ann., Title 14, Contractors' Bonds, or Section 63G-6-505 related to payment rights the undersigned has on the above described Property once:

(1) the undersigned endorses a check in the above referenced Payment Amount payable to the undersigned; and

(2) the check is paid by the depository institution on which it is drawn.

This waiver and release applies to the final payment for the work, materials, equipment, or combination of work, materials, and equipment furnished by the undersigned to the Property or to the Undersigned's Customer.

The undersigned warrants that the undersigned either has already paid or will use the money the undersigned receives from the final payment promptly to pay in full all the undersigned's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or combination of work, materials, and equipment that are the subject of this waiver and release.

Dated this ______ day of _____________________, 20___.

Contractor Name: ______________________________________________________

Company Address: _____________________________________________________

WAIVER AND RELEASE

(Final Payment – Subcontractor)

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

PROJECT NO: 26-296

Undersigned's Customer: City of St. George

Invoice/Payment Application Number: ______________________________________________

Payment Amount: ______________________________________________________________

To the extent provided below, this document becomes effective to release and the undersigned is considered to waive any notice of lien or right under Utah Code Ann., Title 38, Chapter 1, Mechanics' Liens, or any bond right under Utah Code Ann., Title 14, Contractors' Bonds, or Section 63G-6-505 related to payment rights the undersigned has on the above described Property once:

(1) the undersigned endorses a check in the above referenced Payment Amount payable to the undersigned; and

(2) the check is paid by the depository institution on which it is drawn.

This waiver and release applies to the final payment for the work, materials, equipment, or combination of work, materials, and equipment furnished by the undersigned to the Property or to the Undersigned's Customer.

The undersigned warrants that the undersigned either has already paid or will use the money the undersigned receives from the final payment promptly to pay in full all the undersigned's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or combination of work, materials, and equipment that are the subject of this waiver and release.

Dated this ______ day of _____________________, 20___.

Contractor Name: ______________________________________________________

Company Address: _____________________________________________________

R.F.I. NO. Date:

REQUEST FOR INFORMATION (RFI)

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

PROJECT NO: 26-296

To:

Sender:

REASON FOR REQUEST: PROBABLE EFFECT:

INSUFFICIENT INFORMATION INCREASE/DECREASE COST $ ESTIMATE

CONFLICT INCREASE/DECREASE TIME days ESTIMATE

ALTERNATE PROPOSAL NO CHANGE

OTHER UNKNOWN

DRAWING NO. DETAIL NO. SPEC. SECTION

INFORMATION NEEDED:

SUGGESTED RESOLUTION:

REQUIRED RESPONSE DATE: SUBMITTED BY:

PROCEED WITH THESE INSTRUCTIONS:

RESPONSE DATE: RESPONSE BY: ATTACHMENTS:

CHANGE ORDER

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

PROJECT NO: 26-296

Order No. ____________________ Date. ________________________ Agreement Date. _______________

CITY: City of St. George

CONTRACTOR:

The following changes are hereby made to the CONTRACT DOCUMENTS:

ITEM #1 –

Justification:

ITEM #2 –

Justification:

CHANGE TO CONTRACT PRICE:

CHANGE TO CONTRACT TIME: The CONTRACT TIME will be (increased) / by calendar days.

The date for completion of all WORK will be .

APPROVALS:

CIVIL ENGINEER:

Original CONTRACT PRICE $

Current CONTRACT PRICE adjusted by previous CHANGE ORDERS $

The CONTRACT PRICE due to this CHANGE ORDER will be ________________ by $

The new CONTRACT PRICE including this CHANGE ORDER will be $

CONTRACTOR:

CITY:

NOTICE OF SUBSTANTIAL COMPLETION

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

PROJECT NO: 26-296

To:

The CITY has considered your request for a NOTICE OF SUBSTANTIAL COMPLETION. You are hereby notified that this project is substantially complete according to the terms and conditions set forth in the Contract Documents. Attached to this notice is the list of items (Final Punchlist) that need to be completed or corrected before final payment.

The Final Completion Inspection will be held on a future date agreed upon by Contractor and CITY.

Commencement of warranties will begin on final acceptance of project.

You are required to return an acknowledged copy of this NOTICE OF SUBSTANTIAL COMPLETION to the CITY.

Dated this .

CITY OF ST. GEORGE:

By

Name

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF SUBSTANTIAL COMPLETION is hereby acknowledged by ________________________________ this the day of , 20__.

By ________________________________

Name ______________________________

Title _______________________________

FINAL ACCEPTANCE LETTER

PROJECT: GEORGE WASHINGTON BOULEVARD

VIRGIN RIVER BRIDGE TO RIVER ROAD

PROJECT NO: 26-296

Date:

To the best of my knowledge, information, and belief, and on the basis of my observations, the Work has been completed in accordance with the terms and conditions of the Agreement. The entire balance, as shown on the attached Final Request for Payment, is due and payable.

Name Title

Check Items That Have Been Completed:

Contractor’s Final Pay Request Form is attached with Lien Waivers from all sub-contractors and material suppliers, Waiver and Release Upon Final Payment and Certification of Legal Work Status (Payment request).

Letter of 1-year warrantee written by contractor.

All punchlist items are completed and accepted.

Equipment Start-Up has been performed and observed.

All Warranties, Guarantees, etc. for equipment and materials have been received, approved and submitted to the CITY.

Operating Manual, Parts List, Lists of Products, Maintenance Manuals, Operating Tools and Devices, Maintenance Materials, Extra Parts, Etc. as required under the contract, have been submitted to the CITY.

As-built Drawings have been received, reviewed, approved and submitted to the

CITY.

Submit Contractor Evaluation form to purchasing

Certificate of Occupancy/Use – Restroom Building or other occupied buildings