4--4- 1.4 Section 2 Document 5.0 Sub-Contractors Modified.dotx

Section 2 - Document 5.0

INSTRUCTIONS AND SUBCONTRACTORS LIST FORM

The low bidders, as well as all other bidders that desire to be considered, are required by law to submit to Contracts and Procurement within 24 hours of the request a list of ALL first-tier subcontractors, including the subcontractor’s name, bid amount and other information required by State Law and the County and as stated in these Contract Documents, based on the following:

DOLLAR AMOUNTS FOR LISTING

· If there are no subcontractors for the job that are required to be reported by State law (either because there are no subcontractors that will be used on the project or because there are no first-tier subcontractors over the dollar amounts referred to above), then you do not need to submit a sublist. If you do not submit a sublist, it will be deemed to be a representation by you that there are no subcontractors on the job that are required to be reported under State law. At any time, Contracts and Procurement reserves the right to inquire, for security purposes, as to the identification of the subcontractors at any tier that will be on the worksite.

LICENSURE:

The subcontractor’s name, the type of work, the subcontractor’s bid amount, and the subcontractor's license number as issued by DOPL, if such license is required under Utah Law, shall be listed. Bidder shall certify that all subcontractors, required to be licensed, are licensed as required by State law. A subcontractor includes a trade contractor or specialty contractor and does not include suppliers who provide only materials, equipment, or supplies to a contractor or subcontractor.

‘SPECIAL EXCEPTION’:

A bidder may list ‘Special Exception’ in place of a subcontractor when the bidder intends to obtain a subcontractor to perform the work at a later date because the bidder was unable to obtain a qualified or reasonable bid under the provisions of U.C.A. Section 63A-5-208(4) (substitute Facilities Management Director where the term “director” is used in the cited statute). The bidder shall insert the term ‘Special Exception’ for that category of work, and shall provide documentation with the subcontractor list describing the bidder’s efforts to obtain a bid of a qualified subcontractor at a reasonable cost and why the bidder was unable to obtain a qualified subcontractor bid. The County must find that the bidder complied in good faith with State law requirements for any ‘Special Exception’ designation, in order for the bid to be considered. If awarded the contract, the County shall supervise the bidder’s efforts to obtain a qualified subcontractor bid. The amount of the awarded contract may not be adjusted to reflect the actual amount of the subcontractor’s bid. Any listing of ‘Special Exception’ on the sublist form shall also include amount allocated for that work.

GROUNDS FOR DISQUALIFICATION:

The County may not consider any bid submitted by a bidder if the bidder fails to submit a subcontractor list meeting the requirements of State law. County may withhold awarding the contract to a particular bidder if one or more of the proposed subcontractors are considered by the County to be unqualified to do the Work or for such

INSTRUCTIONS AND SUBCONTRACTORS LIST FORM

Page No. 2 other reason in the best interest of the County. Notwithstanding any other provision in these instructions, if there is a good faith error on the sublist form, at the sole discretion of the County, the County may provide notice to the contractor and the contractor shall have 24 hours to submit the correction to the County. If such correction is submitted timely, then the sublist requirements shall be considered met.

CHANGES OF SUBCONTRACTORS SPECIFICALLY IDENTIFIED ON SUBLIST FORM:

Subsequent to twenty-four hours after the bid opening, the contractor may change its listed subcontractors only after receiving written permission from the County based on complying with all of the following criteria.

(6) The County will give substantial weight to whether the subcontractor has consented in writing to being removed unless the Contractor establishes that the subcontractor is not qualified for the work.

EXAMPLE:

Example of a list where there are only four subcontractors:

TYPE OF WORK

SUBCONTRACTOR,

“SELF” OR “SPECIAL EXCEPTION”

SUBCONTRACTOR

BID AMOUNT

CONTRACTOR LICENSE #

DIVISION ID

ELECTRICAL

ABCD Electric Inc.

$350,000.00

123456789000

LANDSCAPING

“Self” *

$300,000.00

123456789000

CONCRETE (ALTERNATE #1)

XYZ Concrete Inc

$298,000.00

987654321000

MECHANICAL

“Special Exception” (attach documentation)

Fixed at: $350,000.00

(TO BE PROVIDED AFTER OBTAINING SUBCONTRACTOR)

* Bidders may list “self”, but it is not required.

PURSUANT TO STATE LAW - SUBCONTRACTOR BID AMOUNTS CONTAINED IN THIS

SUBCONTRACTOR LIST SHALL NOT BE DISCLOSED UNTIL THE CONTRACT HAS BEEN AWARDED.

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Section 2

SUBCONTRACTORS LIST

PROJECT TITLE:

Caution: You must read and comply fully with instructions.

TYPE OF WORK

SUBCONTRACTOR,

“SELF” OR “SPECIAL EXCEPTION”

SUBCONTRACTOR

BID AMOUNT

CONTRACTOR LICENSE #

DEPARTMENT ID

We certify that:

FIRM:

DATE: SIGNED BY:

NOTICE: FAILURE TO SUBMIT THIS FORM, PROPERLY COMPLETED AND SIGNED, AS REQUIRED IN THESE CONTRACT DOCUMENTS, SHALL BE GROUNDS FOR OWNER’S REFUSAL TO ENTER INTO A WRITTEN CONTRACT WITH BIDDER. ACTION MAY BE TAKEN AGAINST BIDDERS BID BOND AS DEEMED APPROPRIATE BY OWNER. ATTACH A SECOND PAGE IF NECESSARY.

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