PROVO RIVER TRAIL

EXCHANGE PARK TO

UNIVERSITY PARKWAY

Provo, Utah

PROJECT MANUAL

CONTRACT DOCUMENTS / SPECIFICATIONS / DRAWINGS

CITY CONTRACT #PROVO20250503

A City of Provo Project

Provo Parks and Recreation

Provo River Trail Exchange Park to University Parkway

Page - 1 Index of Specifications

City of Provo Parks and Recreation 1417 South 350 East / Provo, Utah 84606 / 801-852-6606

PROJECT: PROVO RIVER TRAIL EXCHANGE PARK TO UNIVERSITY PARKWAY

INDEX TO SPECIFICATIONS:

PAGES

BID

Section Title 00 11 16......................Invitation to Bid 00 21 13......................Instructions to Bidders 00 30 50......................Bid Form 00 30 75......................Measurement and Payment 00 39 12......................Notice of Intent to Award 00 39 13......................Notice to Proceed 00 42 00......................Bid Bond 00 43 36......................Proposed Subcontractor Form 00 43 38......................Bidder Status Form 00 45 37......................Status Verification System Affidavit 00 45 38......................Non-Collusion Affidavit of Prime Bidder 00 52 00......................Agreement 00 55 00......................Prosecution and Progress Copy of ROW Agreement with Sheridan LLC (Walgreens) 00 61 13......................Performance Bond 00 61 14......................Payment Bond 00 62 16......................Certificate of Insurance 00 73 00......................Modifications to General Conditions 00 91 13......................Addenda 00 92 45......................Change Order Form

DIVISION 1 GENERAL REQUIREMENTS

Section Title 01 00 00......................General Requirements 01 02 00......................Stream Alteration Permit Requirements Copy of Stream Alteration Permit (for Schedules 1 thru 3) Copy of Stream Alteration Permit (for Schedule 4) 01 11 00S....................Summary of Work 01 55 26M...................Traffic Control 01 78 51......................Notice of Substantial Completion 01 78 52......................Notice of Final Acceptance

Page - 2

TECHNICAL SPECIFICATIONS

Technical Specifications may be found on-line at https://www.provo.org/departments/public-works/city-engineering-division/standards-specifications-and-permits. The following remaining technical specifications are either 1) supplemental specifications to the Project Manual or 2) documented modifications to specifications found on the Provo City’s website.

DIVISION 03 CONCRETE

Section Title 03 11 00...................... Cast-in-Place Concrete Formwork 03 15 20...................... Anchors and Inserts 03 21 00...................... Concrete Reinforcing Steel 03 30 00...................... Cast-in-Place Concrete 03 30 53...................... Curb, Gutter, Drive Aprons and Walks

DIVISION 12 FURNISHINGS

Section Title 12 93 00......................Site Furnishings

DIVISION 22 PLUMBING

Section Title 22 13 34......................Drainage Sump

DIVISION 31 EARTHWORK

Section Title 31 05 13M…………….Common Fill……………………………………………………….2 31 11 00......................Site Clearing 31 20 00......................Earth Moving 31 23 16......................Excavation 31 23 19………………Dewatering…………………………………………………………3 31 25 00......................Erosion and Sedimentation Control 31 25 10......................Erosion Control and Native Seeding 31 37 01......................Rip Rap

DIVISION 32 EXTERIOR IMPROVEMENTS

Section Title 32 12 05M...................Bituminous Concrete 32 12 16......................Asphalt Paving 32 12 16......................Project Specific Trail Construction Requirements 32 13 74......................Cementitious Crystalline Waterproofing Sealant 32 31 14......................Ornamental Fences and Gates 32 32 20......................Concrete U-Channel Undercrossing 32 32 23......................Modular Block MSE Retaining Walls 32 84 00…..................Underground Irrigation Systems 32 90 00…..................Landscape Restoration 32 91 13.16.................Landscape Rock Mulch and Boulders 32 93 00......................Plants https://www.provo.org/departments/public-works/city-engineering-division/standards-specifications-and-permits https://www.provo.org/departments/public-works/city-engineering-division/standards-specifications-and-permits

Page - 3

DIVISION 33 UTILITIES

Section Title 33 01 00………………Utility Materials 33 05 20………………Backfilling Trenches 33 08 20………………Gravity Piping Testing and Inspection 33 31 00………………Sanitary Sewerage Systems 33 75 00......................Trail Lighting

Geotechnical Report by AGEC dated October 30, 2020 (Revised May 23, 2021) – This is for an adjacent project, and is provided for information only. The contractor retains responsibility to investigate, become aware of, and prepare for site specific geotechnical conditions.

Provo River Trail Exchange Park to University Parkway Section 00 11 16 - 1 Provo Parks and Recreation Invitation to Bid

SECTION 00 11 16

INVITATION TO BID

PART 1 GENERAL

1.1 CONSTRUCTION CONTRACT

A. Bidders are invited to bid on the Construction Contract known as Provo River Trail Exchange Park to University Parkway, Bid No. PROVO20250503.

B. The location of the work is: along the Provo River trail from North Exchange Park to University Parkway, Provo Utah

C. Work primarily consists of two categories of work. Schedules 1 to 3:

Demolishing the existing asphalt trail and placing approximately 4250 feet of new 14 foot wide asphalt trail, construct 2 pedestrian concrete u-shaped undercrossings under Columbia and State Street, several new retaining walls along both sides of the trail, and one new pedestrian bridge. Schedule 4:

Replacing approximately 615 linear feet of 24-inch sewer line and 300 linear feet of 16-inch water line that both cross the Provo River using open cut excavation methods. Both categories of work are located at approximately 1350 North Moon River Drive.

D. Only prequalified contractors are eligible to perform the Schedule 4 Work, either as the general contractor or as a subcontractor to the general contractor.

Prequalified contractors to perform the Schedule 4 Work are listed in Section 00 43 36 Proposed Subcontractor Form, paragraph 2.1.A.

E. For information about the Construction Contract, contact John Bunderson Provo Parks and Recreation Project Manager 1417 S 350 E, Provo, Utah 84606

(801) 852- 6643

The above representative or person designated by Provo Parks and Recreation to act in its behalf shall have authority to transmit instructions, receive information, interpret and define policy and decisions, with respect to materials, equipment, elements and systems pertinent to proper execution of the work.

Manoel Abreu Provo City Engineering Project Manager 1377 S 350 E, Provo, Utah 84606

(801) 852-6774

The above representative or person designated by Provo City Engineering to act in its behalf shall have authority to transmit instructions, receive information, Provo River Trail Exchange Park to University Parkway Section 00 11 16 - 2 interpret and define policy and decisions, with respect to materials, equipment, elements and systems pertinent to proper execution of the work.

1.2 NON-MANDATORY PRE-BID MEETING AND SITE VISIT

A. A non-Mandatory Site visit will be held August 11, 2026 from 9:00 a.m. to 10:30 a.m. to walk project area from Columbia Lane to University Parkway. Meet at the southeast end of the Deseret Industries parking lot at 9:00 a.m.

1.3 BID LOCATION AND OPENING

A. All Provo City Bids are posted on the Utah Public Procurement Place (U3P) Bonfire portal https://utah.bonfirehub.com. Bids for this project must be received until 2:00 p.m. on August 24, 2026. Bids received after 2:00 p.m. will not be accepted.

B. Questions and requests for clarification will be received via the U3P Bonfire Portal. Each question should reference a specific section, page, and item of this document. Answers to the written questions will be posted on the U3P Bonfire Portal for all parties to view. The deadline for questions to be submitted is August 14, 2025 at 12:00 p.m. MDT.

1.4 BID BONDS

A. A Bid Bond in the amount of 5 percent of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Bid Bond will be returned to each unsuccessful Bidder after tabulation and award of the Construction Contract.

1.5 BASIS OF BIDS

A. Bids shall be on a contract item unit price basis as contained in Documents 00 30 50 – Bid Document, and 00 30 75 – Measurement and Payment.

1.6 CONTRACT TIME

A. Substantial Completion – Defined as the point in time the project is open and available to the public for the intended use, all safety elements are in place, and no additional lane closures of the trail or roadway are required to complete any remaining incidental and punch list work.

B. The contractor shall achieve substantial completion for Schedule 1 through Schedule 3 work no later than June 26, 2027 and physical completion no later than July 31, 2027, and subject to the milestone dates listed below.

C. The contractor shall achieve substantial completion for Schedule 4 work no later than February 15, 2027 and physical completion no later than May 15, 2027, and meeting the milestone dates listed below.

D. Milestone Dates:

https://utah.bonfirehub.com/

Provo River Trail Exchange Park to University Parkway Section 00 11 16 - 3

1. Complete all work in the Provo River Channel during periods of low flow as required by the Stream Alteration Permit – see Document 01 02 00, and no later than March 31, 2027. This includes all work in the channel or on the river bank below the ordinary high-water mark as shown on the approved Stream Alteration Permit.

2. Comply with all limitations of the attached right-of-way agreement with Sheridan LLC (Walgreens), and as summarized in paragraph 1.3.A – Limitations of Operations in Document 00 55 00 – Prosecution and Progress.

1.7 EXAMINATION AND PROCUREMENT OF DOCUMENTS

A. Complete sets of Contract Documents may be examined and obtained Utah Public Procurement Place (U3P) Bonfire portal https://utah.bonfirehub.com beginning July 27, 2026.

1.8 RIGHT TO REJECT BIDS

A. Provo City reserves the right to reject any or all bids or to waive any informality or technicality in any bid if deemed to be in the best interest of Provo City.

1.9 GOVERNING LAWS AND REGULATIONS

A. This project is not federally funded and does not require the payment of specific wage rates. Payroll submittal will not be required.

B. Bidders on this Work will be subject to the applicable provisions of all federal rules, laws and regulations or orders.

C. Bidder must provide proof that he has completed the registration process in an approved immigration status verification system and is in full compliance with the immigration status verification program as well as all requirements of Utah Code Section 63G-12-302.

D. Bidder will also be required to provide similar proof of compliance for any subcontractor who works under the terms of the Contract Documents.

END OF SECTION

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Provo River Trail Exchange Park to University Parkway Section 00 21 13 - 1 Provo Parks and Recreation Instructions to Bidders

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

1.1 DEFINED TERMS

A. Terms used in the Bid Documents that are defined in Article 1.1 of the General Conditions will have the meanings indicated in the General Conditions.

B. General Conditions: as published in Section 00 72 00 in the Manual of Standard Specifications by the Utah Chapter of the American Public Works Association.

1.2 COPIES OF BID DOCUMENTS

A. Bidders must use complete sets of Bid Documents in preparing Bids. OWNER and ENGINEER assume no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

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

C. Bidding Document copyrights shall remain with the OWNER.

D. All provisions of the current edition of the 2026 Manual of Standard

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

1.3 PRE-BID COMMUNICATION

A. The OWNER shall not be bound by any statements, representations, conclusions, or assumptions made by any party, whether oral or written, except for written statements that are issued in an Addendum by the ENGINEER to all prospective bidders.

1.4 PHYSICAL CONDITIONS

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

Provo River Trail Exchange Park to University Parkway Section 00 21 13 - 2

Work in accordance with the time, price and other terms and conditions of the Contract Documents.

B. Underground Facilities: Information and data indicated in the Contract Documents regarding Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities. The OWNER does not assume responsibility for the accuracy or completeness thereof other than as provided in Paragraph 4.3A.2 of the General Conditions or unless expressly provided in the Modifications to General Conditions (Section 00 73 00).

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

1.5 COMPENSATION AND QUANTITIES

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

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

C. Unit Price Work: If any portion of the Work is to be paid for on a unit price basis, payment will cover only work actually performed and materials actually supplied at the unit prices bid and on the terms set forth in the Contract Documents, irrespective of any quantity approximations in the Bid Documents.

Any quantity approximations in the Bid Documents are stated as a basis for determining bids, and the do not fix the amount of Work to be done or materials to be furnished. Stated quantities are estimates for the purpose of doing the class of work required. Actual quantities will vary. The OWNER may deviate in either direction from any indicated quantities. The Bidder shall have no claim for any variation in quantity, except to the extent permitted in the General Conditions.

1.6 EXAMINATION OF SITE AND CONTRACT DOCUMENTS

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

Provo River Trail Exchange Park to University Parkway Section 00 21 13 - 3

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

C. Contract Documents: The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this article 1.4; that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

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

1. Examine the Contract Documents thoroughly;

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

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

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

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

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

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

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

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

Provo River Trail Exchange Park to University Parkway Section 00 21 13 - 4

1.7 EFFECT OF SUBMITTING BID.

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

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

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

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

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

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

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

Provo River Trail Exchange Park to University Parkway Section 00 21 13 - 5

PART 2 BIDDING PROCEDURES

2.1 INTERPRETATIONS AND ADDENDA

A. All requests for interpretation of the Contract Documents shall be made in writing and delivered to the ENGINEER no later than seven (7) calendar days prior to opening of Bids. In the ENGINEER's discretion, ENGINEER will send the written interpretation to all persons receiving a set of Bid Documents in the form of an Addendum. If the ENGINEER does not respond to a Bidder's request for interpretation the Bidder shall comply with the intent and terms of the Contract Documents.

B. No oral interpretations shall be made to any Bidder. The OWNER shall not be responsible for or bound by any statements, interpretations, explanations, representations, conclusions or assumptions made by any party, whether oral or written, except for written statements that are issued in an Addendum by the ENGINEER to all prospective bidders.

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

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

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

2.2 EQUIPMENT AND MATERIAL OPTIONS PRIOR TO BID OPENING

A. If a Bidder or Supplier wishes to supply a product other than that identified in the Contract Documents, said Bidder or Supplier shall submit a written request for approval to the ENGINEER at least ten (10) calendar days prior to the date set for opening of bids.

B. The procedure for submission of any such product option shall be as set forth in Article 6.4 of the General Conditions. It is the sole responsibility of the Bidder or Supplier to submit complete descriptive and technical information so that ENGINEER can make a proper appraisal.

C. ENGINEER's failure to act upon such a request within five (5) days after receipt shall be deemed a denial thereof.

D. Any such approval is at the sole discretion of the ENGINEER and will be in the form of an Addendum issued to all Bidder's holding Bid Documents indicating

Provo River Trail Exchange Park to University Parkway Section 00 21 13 - 6 that the additional equipment or materials are approved as equal to those specified for the Project.

E. The Construction Contract, if awarded, will be on the basis of materials and equipment specified in the Drawings and Specifications and any changes permitted in any Addenda.

2.3 BID SECURITIES

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

B. Form of Bid Security: The Bid Security may be in the form a bond issued by a company licensed to issue bonds in the State of Utah or a bank certified check.

No other form of Bid Security will be accepted. A Bid Bond must be issued by a licensed Utah agency on behalf of a surety company licensed to do business in the State of Utah. A cashier’s check must be drawn on a bank doing business in the State of Utah and made payable to OWNER. If a cashier’s check is used in lieu of a Bid Bond, or if the Bid Bond does not specifically so provide, a certificate from an approved surety company guaranteeing execution of performance and payment bonds in the full amount of the bid must accompany the bid.

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

D. Return of Bid Security: OWNER will return Bid securities to Bidder within 7 days after award of the Construction Contract. Bid Bonds and cashier’s checks of all Bidders will be held until the Construction Contract is awarded or all bids have been rejected. The liability of OWNER in regards to the checks shall be limited only to the return of the checks.

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

OWNER.

2.4 COMPLETING BID DOCUMENTS

A. The General Conditions identify all forms comprising the Bid Documents.

Additional copies may be obtained from the ENGINEER. The Bidder shall make no stipulations or alterations on the Bid forms. The Bidder must use and execute only the Bid form and Bid Schedules bound in the Contract Documents.

The complete Contract Documents (excluding the Drawings) should be

Provo River Trail Exchange Park to University Parkway Section 00 21 13 - 7 submitted as the Bidder's Bid, and Bidder shall complete and submit all forms included in the Bid Form, Section No. 00 30 50.

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

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

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

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

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

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

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

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

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

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

2.5 CONFLICT OF INTEREST, SUBCONTRACTORS

A. Conflict of interest pertaining to Subcontractors is described in Paragraph 6.5H of the General Conditions (Section 00 72 00).

Provo River Trail Exchange Park to University Parkway Section 00 21 13 - 8

B. Bidder shall not subcontract more than 75 percent of the dollar value of the total contemplated Work (exclusive of the supply of materials and equipment to be incorporated in the Work) without OWNER's prior written approval.

2.6 SUBMISSION OF BIDS

A. Bids shall be submitted at the time and place indicated in the Invitation to Bid and should be enclosed in an opaque sealed envelope, marked with the Construction Contract name and number, the name and address of the Bidder, and the date and the opening time for Bids. If the Bid is sent through the mail or other delivery system the sealed envelope should be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. It is the sole responsibility of the Bidder to deliver the Bid before the scheduled time.

B. Bidder will make no recapitulations, stipulations, alterations, alternate submissions, or modifications in any manner to any of the Contract Documents.

C. All bidders shall include the following documents with bid including required signatures and notary verification where designated:

1. Bid Form (Section 00 30 50)

2. Non-Collusion Affidavit of Prime Bidder (Section 00 45 38)

3. Bid Security Failure to include any of these documents will result in Bid being considered non-responsive and may be disqualified.

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

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

2.7 MODIFICATION AND WITHDRAWAL OF BIDS

A. At any time prior to the opening of Bids, Bids may be modified or withdrawn if a written notice of modification or withdrawal is signed by Bidder and delivered to the place where Bids are to be submitted, or by electronic submission prior to the time set for the Bid opening. Bid Security will be returned upon proper withdrawal of a Bid prior to the time for Bid opening.

B. Within 24 hours after Bids are opened, any Bidder may file written notice with OWNER that there was a substantial mistake made in the preparation of its Bid.

Bidder must thereafter promptly demonstrate Bidder's mistake. The OWNER has sole discretion to determine whether to permit any modification or withdrawal or the return of any Bid Security.

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

Provo River Trail Exchange Park to University Parkway Section 00 21 13 - 9

2.8 OPENING OF BIDS

A. Bids will be opened and read aloud publicly unless obviously non-responsive.

An abstract of the amounts of the base schedule of prices and any alternate schedules will be made available for review after the opening of Bids.

B. Any Bids received after the time specified in the Invitation to Bid will be returned unopened.

2.9 BIDS SUBJECT TO ACCEPTANCE FOR 45 DAYS

A. All bids 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.

PART 3 EVALUATION AND AWARD

3.1 SUBMITTALS REQUIRED FOR EVALUATION

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

1. Bidder Status Form: Section 00 43 38. The Bidder shall submit this report form within 24 hours of ENGINEER's request.

2. Proposed Subcontractor Form: Section 00 43 36. The Bidder shall submit this report form within 24 hours of ENGINEER's request.

3.2 EVALUATION OF BIDDER'S QUALIFICATIONS

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

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

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

3. Present construction commitments other than items listed in Paragraph 3.2A2 above;

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

Provo River Trail Exchange Park to University Parkway Section 00 21 13 - 10

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

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

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

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

and

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

B. If Bidder believes any information should be held confidential for business reasons, Bidder must submit a written claim of business confidentiality for that particular information and include a specific statement of the reasons supporting the claim pursuant to Utah Code Ann. § 63G-2-309.

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

3.3 EVALUATION OF BIDS

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

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

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

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

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

2. Such alternates, unit prices and other data, as may be requested in the Bid Form, or written requests issued prior to OWNER's Notice of Intent to Award the Construction Contract.

Provo River Trail Exchange Park to University Parkway Section 00 21 13 - 11

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

4. Corporate organization and capacity for any party.

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

6. Pending litigation.

7. The amount of the Bid.

8. Proper licensing to do the Work in compliance with licensing laws of the

State of Utah for contractors and subcontractors.

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

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

F. If the Construction Contract is to be awarded, it will be awarded to the most responsive, qualified, and responsible Bidder as determined by the OWNER.

Alternates may be accepted depending upon availability of OWNER's funds and as determined by the OWNER. Accepted alternates will be considered in determining the most responsive, qualified, and responsible Bidder.

G. Bid Schedules will be evaluated as follows:

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

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

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

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

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

Provo River Trail Exchange Park to University Parkway Section 00 21 13 - 12

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

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

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

3.5 SUBSTITUTIONS

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

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

3.6 SUBMITTALS REQUIRED FOR AWARD OF CONTRACT

In order to execute the contract, the following documents shall be submitted to OWNER within ten (10) calendar days of the receipt of the NOTICE OF INTENT TO

AWARD.

A. Performance Bond: The OWNER's requirements as to performance bonds are as set forth in the Modifications to General Conditions (Section 00 73 00).

Specific requirements are set forth in the Performance Bond (Section 00 61 13).

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

2. When the successful Bidder delivers the executed Construction Contract to

OWNER, it must be accompanied by the required Performance and Payment Bonds.

B. Payment Bond: The OWNER's requirements as to payment bonds are as set forth in the Modifications to General Conditions (Section 00 73 00). Specific requirements are set forth in the Payment Bond (Section 00 61 14).

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

2. When the successful Bidder delivers the executed Construction Contract to

OWNER, it must be accompanied by the required Performance and Payment Bonds.

C. Certificate of Insurance: The OWNER's requirements as to insurance are as set forth in the Modifications to General Conditions (Section 00 73 00).

D. Status Verification System Affidavit: The OWNER's requirements as to immigration status verification are set forth in the Modifications to General Conditions (Section 00 73 00). Specific requirements are set forth in the Status Verification System Affidavit (Section 00 45 37).

Provo River Trail Exchange Park to University Parkway Section 00 21 13 - 13

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

3.7 SIGNING OF AGREEMENT

A. Within ten (10) calendar days after OWNER issues Notice of Intent to Award the Construction Contract to the successful Bidder, the Bidder shall pick up, sign and return to OWNER, the required number of copies of the Agreement (Section 00 52 00), bonds, insurance, and Status Verification System Affidavit:

A minimum of four (4) originals will be signed and returned to the OWNER.

One executed original will be returned to the Bidder. Bidder shall comply with all execution requirements.

B. All of Bidder’s executions and submittals must be delivered to the OWNER before OWNER will execute the Construction Contract. The Construction Contract will not be deemed awarded and shall not be binding on the OWNER until it has been approved and executed by the OWNER, and a fully executed copy is formally delivered to the CONTRACTOR. The OWNER reserves the right to rescind its Notice of Intent to Award without liability, except for the return of Bidder’s Bid Security, at any time before the Construction Contract has been fully executed by all parties and delivered to the CONTRACTOR.

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

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

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

Provo River Trail Exchange Park to University Parkway Section 00 30 50 - 1 Provo Parks and Recreation Bid Form

SECTION 00 30 50

BID FORM

1.1 CONSTRUCTION CONTACT

A. Name of Project: Provo River Trail Improvement Exchange Park to University Parkway

1.2 RELATED DOCUMENTS

A. SECTION 00 30 75 – MEASUREMENT AND PAYMENT

B. SECTION 01 0 00 – GENERAL REQUIREMENTS

1.3 REFERENCES

A. APWA 01 29 00: Payment Procedures.

B. SECTION 00 52 00: Agreement.

1.4 BID PROPOSAL

A. After having personally and carefully examined all conditions surrounding the Work and the Contract Documents, the undersigned proposes to furnish all labor, equipment, tools and machinery and to furnish and deliver all materials not specifically mentioned as being furnished by the OWNER, which is required in and about the construction of the Construction Contract known as Provo River Trail Exchange Park to University Parkway, Bid No.

PROVO20250503

B. The undersigned proposes to complete the Work for the price or prices listed herein and understands that quantities for Unit Price Work are not guaranteed.

C. The undersigned proposes to furnish bonds with the Contract, signed by a surety company satisfactory to the OWNER, in an amount equal to the Contract amount conditioned to insure compliance with all requirements of the Contract Documents.

Provo River Trail Exchange Park to University Parkway Section 00 30 50 - 2

D. The undersigned encloses a certified check, cashier's check, cash, or a Bid Bond for ______________________________________________ Dollars ($____________) which is five (5) percent of the Bid amount payable to the OWNER, as a guarantee of good faith, and which it is agreed will be forfeited to the OWNER as liquidated damages in the event of the failure of the undersigned to enter into a contract and furnish satisfactory bonds to the

OWNER.

E. The undersigned proposes to execute the attached contract within ten (10) days after the Notice of Intention to Award, and to begin work within ten (10) days after being notified to do so by the OWNER.

F. The undersigned agrees the Bid is genuine. The Bid is not made in the interest of or on behalf of any undisclosed person, firm or corporation. The undersigned agrees that they have not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid: that they have not solicited or induced any person, firm or corporation to refrain from bidding: and that they have not sought by collusion to obtain for itself any other advantage over any separate Bidder or over OWNER.

G. If OWNER finds it necessary to further define the Work, Contract Price, Contract Time or some other portion of the Construction Contract, after Bid opening, the Bidder promises to execute an Agreement Supplement prior to or concurrent with the execution of the Agreement, if the Agreement Supplement is acceptable to the Bidder.

H. It is understood that the OWNER has the right to reject this proposal or to accept it at the prices listed in the Bid Schedules.

1.5 SCHEDULE OF PRICES

A. These bid schedules contain the schedule of prices which will be incorporated into the contract by reference. Bidders should price Mobilization, Traffic Control, Survey, and Temporary Controls to be stand-alone for each schedule.

Schedules 1 and 4 have the highest priority for construction, followed by Schedule 2, then Schedule 3. Schedules 4 through 4C are funded separately and may be awarded separately based on contractor (and/or subcontractor) qualifications and price.

Provo River Trail Exchange Park to University Parkway Section 00 30 50 - 3

B. Contractor’s Information

a. Name:

b. Address:

c. Phone:

d. Email:

e. Tax Identification Number:

C. Bidder holds license number , issued on the day of , , by the Utah State Department of Commerce, Division of Occupational and Professional Licensing. Bidder is licensed to practice as a Contractor. License renewal date is the day of , D. The bidder hereby acknowledges receipt of the following Addenda:

E. Summary of Bids:

a. Schedule 1 – Columbia Lane Undercrossing

Total in Dollars and Cents

b. Schedule 2 – State Street Undercrossing

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c. Schedule 3 – State Street to University Parkway

d. Schedule 4 – Columbia Lane Water and Sewer Crossing

e. Schedule 4A – U-Haul Sewer Lateral Stub – Additive Alternate

f. Schedule 4B – DJ Auto Sewer Lateral Stub – Additive Alternate

g. Schedule 4C – Check City Sewer Lateral Stub – Additive Alternate

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h. TOTAL OF ALL SCHEDULES

TOTAL OF ALL SCHEDULES IN DOLLARS AND CENTS

Provo River Trail Exchange Park to University Parkway Section 00 30 50 - 6

BIDDING SCHEDULE – SCHEDULE 1 – COLUMBIA LANE UNDERCROSSING

ITEM

NO.

M&P, LEGEND ITEM DESCRIPTION SPEC.

REF.

APPROX.

QTY. UNIT

UNIT BID PRICE AMOUNT

DOLLARS CENTS DOLLARS CENTS

1-1 1

G-01 MOBILIZATION 01 71 13 1 LUMP $ $

1-2 2 G-02

CONSTRUCTION TRAFFIC

CONTROL 01 55 26 1 LUMP $ $

1-3 3 G-03

TEMPORARY CONTROLS

(SWPPP, BMPS) 01 57 00 1 LUMP $ $

1-4 4

G-04 SURVEY 01 71 23 1 LUMP $ $

1-5 5 D-01

PULVERIZE EXISTING

ASPHALT TRAIL 02 41 14 675 SQ.

YD. $ $

1-6 6

D-02 CLEARING AND GRUBBING 31 11 00 1 LUMP $ $

1-7 7 D-03

REMOVE AND SALVAGE

EXISTING BENCH 02 41 13 1 EACH $ $

1-8 8

D-04 REMOVE FENCE/GATE 02 41 13 225 FOOT $ $

1-9 10 D-06

REMOVE EXISTING TRAIL

CROSSING STRUCTURE

(COLUMBIA LANE)

02 41 13

31 23 16 1 LUMP $ $

1-10 12 D-09

REMOVE EXISTING CURB &

GUTTER 02 41 13 66 FOOT $ $

1-11 13 D-11

REMOVE CONCRETE

APPROACH SLAB 02 41 14 1 LUMP $ $

1-12 15 D-12

REMOVE CONCRETE

FLATWORK 02 41 13 266 SQ.

FT. $ $

1-13 16 D-13

REMOVE

CONCRETE PARAPET 02 41 13 60 FOOT $ $

1-14 17

D-15 REMOVE MONUMENT 02 41 13 1 LUMP $ $

1-15 18 D-16

REMOVE THRUST BLOCK

AND REMOVE AND CAP 16

INCH WATER LINE

02 41 13 1 LUMP $ $

1-16 19

LM-01 MULTI-USE PATH 32 12 16.13 800 SQ.

YD. $ $

1-17 20

LM-02

CONSTRUCT CONCRETE

WALL #1 03 30 04 1 LUMP $ $

1-18 20

LM-03

CONSTRUCT CONCRETE

WALL #2 03 30 04 1 LUMP $ $

1-19 20

LM-04

CONSTRUCT CONCRETE

WALL #3 03 30 04 1 LUMP $ $

1-20 20

LM-05

CONSTRUCT CONCRETE

WALL #4 03 30 04 1 LUMP $ $

1-21 20

LM-06

CONSTRUCT CONCRETE

WALL #5 03 30 04 1 LUMP $ $

1-22 20

LM-07

CONSTRUCT CONCRETE

WALL #6 03 30 04 1 LUMP $ $

Provo River Trail Exchange Park to University Parkway Section 00 30 50 - 7

BIDDING SCHEDULE – SCHEDULE 1 – COLUMBIA LANE UNDERCROSSING; continued

NO.

M&P, LEGEND ITEM DESCRIPTION SPEC.

REF.

APPROX.

QTY. UNIT

UNIT BID PRICE AMOUNT

DOLLARS CENTS DOLLARS CENTS

1-23 21

LM-17 CHAIN LINK FENCE 32 31 13 60 FOOT $ $

1-24 25

LM-20

CONSTRUCT CONCRETE U-

SHAPE CHANNEL TYPE-3

(COLUMBIA LANE)

32 32 20

03 30 04 1 LUMP $ $

1-25 27

LM-22

CONSTRUCT CLEANOUT

BOX 33 41 00 1 EACH $ $

1-26 28

LM-23

CONSTRUCT CLEANOUT

BOX WITH SUMP

22 13 34

33 41 00 1 EACH $ $

1-27 29

LM-24 CONSTRUCT LINEAR DRAIN 33 41 00 24 FOOT $ $

1-28 30

LM-25

CONSTRUCT CURB &

GUTTER TYPE E 32 16 13 66 FOOT $ $

1-29 31

LM-26

CONSTRUCT 14’ X 9’ X 88’

PRECAST CONCRETE BOX

CULVERT

03 30 04 1 LUMP $ $

1-30 32

LM-29

INSTALL 6’’ PVC C-900 DR-

18 DRAIN PIPE

33 05 07

33 41 00 89 FOOT $ $

1-31 37

LM-32 LANDSCAPE WALL 32 32 23 75 SQ.

FT. $ $

1-32 38

LM-33 CONCRETE APPROACH SLAB 03 30 04 1 LUMP $ $

1-33 39

LM-34 CONCRETE…