CONTRACT PROPOSAL AND SPECIFICATIONS

Transcription

1 MOAB CITY 2014 ROADWAY CHIP SEAL PROJECT CONTRACT PROPOSAL AND SPECIFICATIONS April 2014 City of Moab 217 East Center Street Moab, Utah (435)

2 TABLE OF CONTENTS Page BIDDING REQUIREMENTS Advertisement for Bids... AB-1 Information for Bidders... IB-1 to IB-8 Bid Form... BF-1 to BF-6 Bid Bond... BB-1 to BB-2 Contractor's Qualification Statement... CQS-1 to CQS-2 AGREEMENT FORMS Notice of Award... NA-1 Construction Contract... C-1 to C-10 Performance Bond... PRB-1 to PRB-2 Payment Bond... PYB-1 to PYB-2 Notice to Proceed... NP-1 CONDITIONS OF THE CONTRACT General Conditions... GC-1 to GC-30 Supplemental General Conditions... SGC-1 SPECIAL REQUIREMENTS Special Provisions... SP-1 to SP-2 GENERAL REQUIREMENTS Section Submittals to Section Temporary Facilities and Controls to Section Measurement and Payment Section Material and Equipment Section Project Closeout to DETAILED SPECIFICATIONS Section Chip and Seal Coat to CONSTRUCTION DRAWINGS Construction Plans...1 i

3 ADVERTISEMENT FOR BIDS CITY OF MOAB INVITATION TO BID 2014 ROADWAY CHIP SEALANT PROJECT The City of Moab is now accepting sealed bids for the 2014 Roadway Chip Sealant Project. This project will include the installation of chip sealant on several roads throughout Moab City covering 40,000 square yards of area. Included material items are emulsified asphalt and aggregate cover material. Alternate bid item includes bituminous flush coat, covering the same chip seal area. Bid specifications, drawings and contract documents may be picked up at the Recorder s Office at the Moab City Offices, 217 East Center Street, Moab, Utah or online at: All sealed bids must be turned in to the City of Moab Recorder s Office by 2:00 p.m. on Friday, May 9, 2014 at 217 East Center Street, Moab, Utah Bids must be turned in on City of Moab s spec sheet. The City of Moab reserves the right to reject any and all bids; or waive any informality or technicality in any bid. For further information, please contact the Recorder s Office at (435) /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent April 24 and May 1, AB-1

4 INFORMATION FOR BIDDERS OWNER: City of Moab PROJECT: 2014 Roadway Chip Seal 217 East Center Street Project Moab, UT DEFINED TERMS. Terms used in this Information for Bidders which are defined in the General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS Complete sets of the Bidding Documents in the number and for the fee (non-refundable) stated in the Advertisement or Invitation to Bid may be obtained from Moab City Complete sets of Bidding Documents shall be used in preparing Bids; Owner shall not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents Owner in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder shall submit with his bid a Qualification Statement on the form provided in the Project Manual. Each Bid shall contain evidence of Bidder's qualification and authorization to do business in the state or jurisdiction where the Project is located or covenant to obtain such qualification and authorization prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work (d) study IB-1

5 and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Owner of all conflicts, errors or discrepancies in the Contract Documents Reference is made to the Contract Documents for identification of: those reports of explorations and tests of subsurface conditions at the site which have been utilized by Owner in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Owner in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Paragraphs and are incorporated therein by reference. Such technical data has been identified and established in the Contract Documents Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Contract Documents Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill IB-2

6 all holes, clean up and restore the site to its former condition upon completion of such explorations The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or 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. 5. INTERPRETATIONS AND ADDENDA. All questions about the meaning or intent of the Contract Documents shall be submitted to Owner in writing no later than four days prior to the time set for receipt of bids. Replies will be issued by Addenda mailed or delivered to all parties recorded by Owner as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner. 6. BID SECURITY Bid Security shall be made payable to Owner, in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified check or a Bid Bond issued by a Surety meeting the requirements of paragraph 5.1 of the General Conditions. A Bid Bond form for this purpose is provided in the Project Manual The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. Attorneys-in-fact who sign Bid Bonds shall file with each bond a certified and effective dated copy of their power of attorney. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Construction Contract (which term is defined in the General Conditions as Agreement ) or the sixty-first day after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security of other Bidders will be returned within seven days of the Bid opening. IB-3

7 7. CONTRACT TIME. The number of days within which, or the date by which, the Work is to be substantially completed and ready for final payment as set forth in the Bid Form and in the Construction Contract. 8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Construction Contract. 9. SUBSTITUTE MATERIAL AND EQUIPMENT. The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "orequal" item of material or equipment may be furnished or used by Contractor if acceptable to Owner, application for such acceptance will not be considered by Owner until after the Effective Date of the Construction Contract. The procedure for submittal of any such application by Contractor and consideration by Owner is set forth in paragraphs 6.7.1, 6.7.2, and of the General Conditions which may be supplemented in the General Requirements. 10. SUBCONTRACTORS AND MANUFACTURERS Article of the General Conditions requires the identity of certain Subcontractors and other persons and organizations to be submitted to Owner. Bidders shall submit to Owner a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for the Work. Such list shall be accompanied by evidence stating qualification for each such Subcontractor, person and organization. If Owner, after due investigation, has reasonable objection to any proposed Subcontractor, other person or organization, either may request the apparent Successful Bidder to submit an acceptable substitute, in which case the apparent Successful Bidder shall submit an acceptable substitute. That Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making the contract award. If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposed to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, supplier, other person or organization so listed and to whom Owner does not make written objection prior to the giving of the Notice of Award will be considered acceptable to Owner subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph of the General Conditions. Not less than 50% of the value of this work shall be performed by the Prime Contractor's own forces No Contractor shall be required to employ any Subcontractor, other person or organization IB-4

8 against whom he has reasonable objection. 11. BID FORM The Bid Form shall be executed when submitted. Only one copy of the Bid Form is required. All bids shall be made only on the Bid Form furnished with the Specifications. All blank spaces for bid prices on each Bid Schedule upon which the Bidder is submitting a bid shall be filled in or it will be presumed that any such omitted entry is intentional, and the corresponding item is bid at no cost Bid Forms shall be completed in ink or by typewriter. The Bid price of each item on the form shall be stated in words and numerals; in case of a conflict, words will take precedence. In case of discrepancy between unit prices and extended totals, the unit prices shall govern unless a contrary interpretation is apparent from the information contained in the bid Bids by corporations shall be executed in the corporate name by the president or a vicepresident (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature All names shall be typed or printed below the signature The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form) The address to which communications regarding the Bid are to be directed shall be shown. 12. SUBMISSION OF BIDS Bids shall be submitted at the time and place indicated in the Advertisement and shall be included in a sealed envelope, addressed to the Owner and marked with the Project title and name and address of the Bidder and accompanied by the Bid Security and other required documents. The envelope shall also bear the name of the Bidder, his address and his license number, if such license is required by applicable law. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. Any bid received after the time and date specified will not be considered The following shall be submitted with and included as a part of the Bid on the forms provided or as otherwise described herein: IB-5

9 Bid Bond Contractor's Qualification Statement and Business License 13. MODIFICATION AND WITHDRAWAL OF BIDS Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his Bid, that Bidder may withdraw his Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided in the Contract Documents. 14. OPENING OF BIDS. Bids will be opened publicly unless stated otherwise in the Advertisement for Bids. When Bids are opened, they will be read aloud, and an abstract of the amounts of the base Bids and major alternates (if any) will be made available within ten days after the opening of Bids. 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All Bids shall remain subject to acceptance for sixty days after the day of the Bid opening, but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 16. AWARD OF CONTRACT Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, conditional or unbalanced Bids. The Owner may, unless otherwise noted on the Bid Form, award separate Contracts for the work contained in each Bid Schedule, or, in the interest of continuity, to one Contractor for two or more Bid Schedules. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid forms. It is Owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form but Owner may accept them in any order or combination Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations (including those who are to furnish the principal items of material IB-6

10 or equipment) proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the General Conditions. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment proposed for incorporation in the Work may also be considered by Owner when such data is required to be submitted prior to the Notice of Award Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction; such rejection shall not give rise to a cause of action against the Owner, or impose a requirement upon the Owner to divulge the information upon which such rejection is based If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty days after the day of the Bid opening unless extended by mutual agreement between Owner and the Successful Bidder. 17. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions set forth Owner's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to Owner it shall be accompanied by the required Contract Security. Attorneys-in-fact who sign Payment Bonds and Performance Bonds shall file with each bond a certified and effective dated copy of their power of attorney. 18. SIGNING OF CONSTRUCTION CONTRACT. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least two (2) unsigned counterparts of the Construction Contract and all other Contract Documents. Within fifteen days thereafter Contractor shall sign and deliver at least two (2) counterparts of the Agreement to Owner with all other Contract Documents attached. Within ten days thereafter Owner will deliver one (1) fully signed counterparts to Contractor. Owner will identify those portions of the Contract Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties. 19. PRE-BID CONFERENCE IB-7

11 The Owner may conduct a pre-bid conference or site inspection. If conducted, details will be furnished to all plan holders of record by written notice or written addendum. 20. SALES AND USE TAXES. Owner is exempt from State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. 21. RETAINAGE. Provisions concerning retainage and Contractors' rights to deposit securities in lieu of retainage are set forth in the Construction Contract. 22. BUSINESS LICENSE. The Bidder will provide information on his current business license listing the state, license number, work classification, and bid limit. IB-8

12 BID FORM PROJECT: CITY OF MOAB 2014 ROADWAY CHIP SEAL PROJECT TO: City of Moab 217 East Center Street Moab, Utah The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Information for Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for sixty days after the day of Bid opening. BIDDER shall sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following addenda (receipt of all of which is hereby acknowledged): Date Number (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions as provided in paragraph 4.2 of the General Conditions, and accepts the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing BF-1

13 of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given OWNER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER. 4. In submitting this Bid, BIDDER represents that: (a) The total bid for each Bid Schedule includes all work necessary to complete that portion of the project described in each Bid Schedule, and the total of all Bid Schedules represents the entire scope of work covered by the Contract Documents. If a particular item of work is not specifically separated as a bid item, the cost therefor is to be considered included in the bid item most nearly related. (b) The total bid for each Bid Schedule is based on the quantities shown on the Bid Form and on the dimensions shown on the drawings where specific quantities are not itemized. When Bid Schedules are based upon unit prices, the Contract Amount will be adjusted by change order at the corresponding unit prices according to the actual quantities and measurement of the finished construction as determined by the Owner upon completion of construction. (c) BIDDER will complete the Work for the prices in the Bid Schedule. BF-2

14 MOAB CITY 2014 ROADWAY CHIP SEAL PROJECT BID SCHEDULE Item No. Item Description Unit Quantity Unit Price Item Total 1. Chip Seal SY 40,000 TOTAL BASE BID $ TOTAL BASE BID (In Writing) The following is an additive alternate item for this project. The Owner reserves the right to award the contract based on the Total Base Bid or on the Total Base Bid plus the following alternate item. ALTERNATE ITEM BID SCHEDULE Alt. No. Item Description Unit Quantity Unit Price Total Amount 1. Bituminous Flush Coat SY 40,000 TOTAL ALTERNATE ITEM BID (In Writing) 5. BIDDER agrees that the Work will be substantially completed as follows: Start on or After- June 16, 2014 Final Completion - August 18, 2014 BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. Said amount is $500 per day. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of Bid Bond. BF-3

15 7. Communications from Owner to Bidder concerning this Bid may be addressed to: Address: 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract are included as part of the Contract Documents and have the meanings assigned to them in the General Conditions. BIDDER complete following as applicable. Date: An Individual By (SEAL) (Individual's Name) doing business as Business address: Phone No.: A Partnership By (SEAL) (Firm Name) (General Partner) Business address: BF-4

16 Phone No.: A Corporation By (Corporation Name) (State of Incorporation) By (Name of person authorized to sign) (Title) (Corporate Seal) Attest (Secretary) Business address: Phone No.: If a Joint Venture, each joint venturer must sign in the spaces provided as follows: A Joint Venture By (Name) (Address) By (Name) BF-5

17 (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) CURRENT BUSINESS LICENSE State No. Classification Bid Limit BF-6

18 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as Owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. Signed, this day of, 20. The condition of the above obligation is such that whereas the principal has submitted to a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Moab City 2014 Roadway Chip Seal Project NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. BB-1

19 The Surety, for value received, hereby stipulates and agrees that the obligations of said- Surety and its bond shall be in no way impaired or affected by an extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of these are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by proper officers, the day and year first set forth above. Principal Surety By: IMPORTANT - Surety Companies executing bonds for Federally assisted contracts 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. BB-2

20 CONTRACTOR'S QUALIFICATION STATEMENT THE UNDERSIGNED certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter. SUBMITTED TO: CITY OF MOAB 1. How many years has your organization been in business as a General Contractor? 2. How many years has your organization been in business under its present business name? 3. Type of organization (Corporation, partnership, etc.): 4. What percent of work do you normally perform with your own forces? 5. Have you ever failed to complete any work awarded to you? If yes, indicate when and where: 6. List construction projects (similar to that being bid) your organization has under contract on this date: Project Name Owner Engineer Contract Amount 7. List construction projects (similar to that being bid) your organization has completed during the past five years: Project Name Owner Engineer Contract Amount CQS-1

21 8. List the construction experience of the principals in your organization: Individual's Name Years of Construction Exper. Present Position & Years Exper. Prev. Position & Years Exper. 9. Subcontractors to be used: Date: By: Title: CQS-2

22 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH PHONE: FAX: Notice of Award Date: May 12, 2014 Contractor: From: City of Moab Mayor David L. Sakrison ATTEST: Project: City Recorder 2014 Chip Seal Project The City of Moab has considered the bid submitted by the Contractor for the Project, in response to the Invitation to Bid. The Contractor is hereby notified that the bid received from the Contractor for the Project in the amount of $, was accepted by the Moab City Council on the 11 th day of May The Contractor is hereby awarded all or portions of the Project described as: 2014 Chip Seal Project The Contractor is required to execute and submit a copy each of the Performance Bond, Payment Bond and Certificates of Insurance within (10) ten calendar days of the date of this Notice of Award. If the Contractor fails to execute the Contract and furnish the bonds within the (10) ten calendar days, the City of Moab shall be entitled to consider all of the Contractor s rights arising out of acceptance of the Bid as abandoned which shall result in forfeiture of the bid Guarantee to the City of Moab. The City of Moab shall be entitled to such other rights as may be granted by law. CONTRACTOR ACKNOWLEDGEMENT: Receipt of this Notice of Award is hereby acknowledged: Contractor: By: Date: Title: The Contractor is required to return an acknowledged copy of the Notice to the City of Moab Recorder s Office. NA-1

23 CONSTRUCTION CONTRACT (Contractor Payment Bond and Performance Bond) This CONTRACT is made and entered into this, by and between CITY OF MOAB of Moab, Utah, a Municipal Corporation in the County of Grand, State of Utah, in the Contract Documents referred to as the "City," and herein referred to as the "Contractor". RECITALS WHEREAS, the City advertised that sealed Bids would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the Project described by the Contract Documents and known as 2014 Chip Sealant Project; and WHEREAS, the Contract has been awarded to the above named Contractor by the City, and said Contractor is now ready and able to perform the work specified in the Notice of Award, in accordance with the Contract Documents. NOW, THEREFORE, in consideration of the mutual promises and performances stated herein, the sufficiency of which all parties acknowledge, it is agreed as follows: ARTICLE 1 Contract Documents. It is agreed by the parties that the following list of instruments, drawings, and documents which are attached and incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract, and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties: a. Bid specifications for the Project; b. Official design prints and specifications furnished by or to the Contractor and approved by the City; c. Change orders, approved written instructions, and written contract amendments; d. Performance and Payment bonds; e. General and Supplementary Conditions; and 2014 Chip Sealant Project Page 1 of 10

24 f. Notice of Award. ARTICLE 2 Definitions. In accordance with Article 1, the definition of items provided in the General Contract Conditions applies to their usage in the Contract and other portions of the Contract Documents. ARTICLE 3 Contract Work. The Contractor agrees to furnish all labor, supervision, tools, supplies, equipment, materials, and all that is necessary and required to complete the tasks associated with or described in the Contract Documents, as limited to those items as indicated in the Notice of Award (the Work ). Contractor warrants that all construction shall be completed in a workmanlike manner and in accordance with all plans, specifications, and applicable building codes. a. Upon request, Contractor shall provide to the City a list of all subcontractors who will provide construction services under the Contract. All goods and services provided by subcontractors, material suppliers, and laborers shall be pursuant to written agreement between all such persons and the Contractor. Contractor shall be solely responsible for supervision of all of its employees and subcontractors, and assuring that work by those persons conforms to the Contract Documents. Contractor shall be solely responsible for payment to all laborers, subcontractors, and material suppliers in connection with work performed under the Contract. Any non-payment by Contractor of sums owing to laborers, material suppliers, or subcontractors is material breach of this Contract. The City, in its discretion, shall be authorized to contact subcontractors, material suppliers, and laborers working on the project for the purpose of verifying compliance with this Section. ARTICLE 4 Contract Time and Liquidated Damages. The Contractor hereby agrees to commence work under the Contract on or before the date specified in a written Notice to Proceed from the City, and to substantially and fully complete the work within the time specified in the Special Conditions. In the event that the work is not completed in the times set forth and as agreed upon, the Contractor further agrees to pay Liquidated Damages to the City as set forth in the Special Conditions. Special Conditions: The Contractor shall complete the Work no later than August 18, Liquidated damages for delay in the amount of $500 per day shall be assessed against the Contractor in the event that the Work is not finally complete and accepted by the City by the agreed completion date. Remedies under this Article 4 are cumulative to any other remedies provided in this Contract Chip Sealant Project Page 2 of 10

25 ARTICLE 5 Contract Price and Payment Procedures. The Contractor shall accept as full and complete compensation for the performance and completion of all of the work specified in this Contract and the Contract Documents, the sum of $ ( Contract Price ). The Contract Price has been lawfully appropriated by the City Council of the City of Moab for the use and benefit of the Project. The Contract Price shall not be modified except by written change order, as set forth below. a. Partial payments shall be made proportionate to the progress of the work according to the following schedule and (if applicable) the schedule of values in the Contract Documents, but subject to this Article Five: [insert payment schedule]. Pay Applications shall be prepared by the Contractor and subject to review and approval by the Project Manager based upon the schedule, above. In no event shall the Contractor be entitled to progress payments exceeding percentage of the Work that is completed in accordance with the Contract Documents, less retainage, inclusive of materials ordered and delivered to the site as measured against the total Contract Price. b. The City shall retain the sum of five percent (5%) of the total Contract Price, which sum shall be disbursed to Contractor no later than ten (10) days from the date when the Work is determined by the City to be finally complete and in conformity with the Contract Documents. c. In the event of default under this Contract, the City may retain and deduct from the sums owing under this Contract amounts sufficient to cure or abate the breaching condition, damages, or event. ARTICLE 6 Bonds and Insurance. a. Contemporaneous with issuance of the Notice to Proceed Contractor shall furnish to the City payment and performance bonds acknowledged by a surety licensed and authorized to do business in the State of Utah, in a form acceptable to the City, and in an amount equal to the total Contract Price. The bonds shall be attached to and incorporate by reference the Contract Documents. The bonds shall be issued pursuant to U.C.A for the use and benefit of subcontractors, laborers, and material suppliers, and for the use and benefit of the City to secure Contractor s performance of its construction obligations under this Contract. Alternately, Contractor may provide an irrevocable letter of credit in a form acceptable to the City and naming the City as beneficiary for the purpose of satisfying its payment and performance bond obligations Chip Sealant Project Page 3 of 10

26 b. Bonds in amounts of $1, or less will be made in multiples of $100.00; in amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract. c. The letter of credit, payment bond, and performance bond shall be released no later than one year from the date of award of this Contract, provided that no person has provided a demand for payment as provided by law or commenced an action seeking payment against the City or under any such instrument within that time. In the event any person described in subsection (a), above, issues a demand or commences suit against the City, the City shall be entitled to draw upon the bond or letter of credit to the extent of all sums claimed, including reasonable attorney fees and court costs that may be incurred by the City. At its option, the City may elect to interplead said funds into a court of competent jurisdiction, at which point the City will be discharged of any further liability. In the event the City declares default under this Contract, it shall be entitled to proceed against the Performance Bond. d. Contractor shall obtain written lien and payment waivers as specified in Exhibit A, attached, from all laborers, subcontractors and material suppliers contemporaneous with each payment advanced to those persons under this Contract. Upon final completion of the Contract, or upon tender of the final payment to each such subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver. The waivers shall be on forms acceptable to the City, and Contractor shall deliver all such waivers contemporaneous with each disbursement pursuant to the Contract. e. Contractor shall provide a Certificate of Insurance as outlined in the following insurance requirements. The limits of liability for the insurance required by the Contractor shall provide coverage for not less the following amounts or greater where required by law: Workers Compensation 1. State: Statutory 2. Applicable Federal: Statutory 3. Employer s Liability: State Insurance Requirements Comprehensive General Liability: 1. Bodily Injury: $1,000,000 (combined single limit CSL) Each Occurrence $1,000,000 Annual Aggregate, including Products and Completed Operations Hazard 2. Property Damage: $1,000,000 CSL Each Occurrence 2014 Chip Sealant Project Page 4 of 10

27 $1,000,000 Annual Aggregate 3. Property Damage Liability Insurance shall provide Explosion, Collapse, and Underground coverage where applicable. 4. Personal Injury, with employment exclusion deleted. $1,000,000 CSL Comprehensive Automobile Liability: 1. Bodily Injury: $1,000,000 CSL Each Person $1,000,000 CSL Each Accident 2. Property Damage: $1,000,000 CSL Each Occurrence Contractor shall maintain insurance covering casualty to materials purchased for the Work and stored on or off site. f. The Comprehensive liability insurance shall include completed operations hazard insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded or canceled, materially changed, or renewal refused until at least thirty days prior written notice has been given to the City by certified mail. All such insurance shall remain in effect until final acceptance of the Work by the City, and at all times thereafter when Contractor may be correcting, removing, or replacing defective work. The City shall be endorsed as an additional insured under the general liability policy. g. Contractor shall record a Notice of Commencement and Notice of Completion and, as provided under U.C.A and ARTICLE 7 Integrated Contract; Change Orders. The Contract Documents constitute the entire agreement between the City and Contractor, and shall supercede any prior representations or discussions. The Contract may only be altered, amended or repealed by a duly executed written agreement signed and lawfully approved by both parties, except as noted by subsection (b), below. This Contract shall not be assigned, in whole or in part, except upon approval in writing by both parties. a. Contractor shall not be entitled to compensation in excess of the Contract Price, nor shall additional work be undertaken, except upon approval of a change order signed by both parties. The change order shall specify the upward or downward change in 2014 Chip Sealant Project Page 5 of 10

28 the Contract Price, the scope of the work to be performed or omitted, and the change in the Contract Time, if applicable. b. In the event that budgetary, or other unforeseen circumstances, render completion of the Contract Work impracticable, the City, in its discretion, may unilaterally issue a construction change directive reducing the scope of the Work or omitting certain items from the Contract. In that event, the Contract Price will be proportionately reduced. Construction change directives may only be issued with respect to work that has not been performed as of the date of the change. ARTICLE 8 Warranties. The Contractor warrants to the City that all the construction performed under this Contract shall be constructed in a workmanlike manner, in accordance with approved plans and applicable building codes, and free from defects of workmanship, labor, and materials, for a period of one year from the date of final completion of the improvements, as certified by the Project Manager. Upon written notice from the City, Contractor agrees to repair or replace any Contract Work that is found to be defective. ARTICLE 9 Extensions. For good cause shown, the City may grant a reasonable extension of time for the completion of improvements pursuant to this Contract. Good cause may include acts of God, severe weather disturbances (beyond those conditions which are typical to the Moab climate), floods, strikes, riots, or other acts or causes which are unforeseen and beyond the Contractor's control. Extensions of time or change orders for additional compensation shall not be authorized for inexcusable delay, which shall be defined to include, but not be limited to, inadequate crewing; inadequate supervision; late ordering of materials; failure to properly coordinate work; or similar events which could have been avoided with proper foresight, care, or planning by Contractor. All extensions shall be approved in the manner provided for change orders ARTICLE 10 Legal Compliance, Safety, Indemnity. Contractor hereby warrants that it is licensed and authorized to do business in the State of Utah; that it maintains complying policies for workers compensation coverage and that said coverage shall be in place for the duration of its performance under this Contract; that it maintains insurance coverage as described in this Contract; and that all such policies shall be in place for the duration of this Contract. Contractor further warrants that it shall perform this Contract in compliance with all applicable City, state, and federal laws, including all applicable regulations governing workplace safety, including but not limited to those promulgated by the Occupational Safety and Health Administration (OSHA). With respect to workplace safety, Contractor shall at all times employ properly trained individuals and subcontractors, who shall work under appropriate supervision. Contractor shall also hold regular safety meetings as necessary and appropriate, given the particular safety issues presented by the Work Chip Sealant Project Page 6 of 10

29 a. Contractor hereby agrees to indemnify and hold the City, its officers, employees, and agents harmless from all demands, claims, suits, or liabilities, including reasonable attorney fees, as result of damages, losses, or injuries, including death, to persons not a party to this agreement and deriving, directly or indirectly, from the actions, omissions, or breaches of duties by the Contractor, its officers, agents, employees, subcontractors, or suppliers in the performance of the Contract or in discharging its legal duties, generally. This duty to indemnify shall apply to all claims by Contractor s employees, subcontractors, or material suppliers with respect to any liabilities incurred by Contractor in the performance of this Contract. ARTICLE 11 Remedies. The failure by either party to perform or carry out any of the obligations in this Contract or to perform the construction in accordance with the Contract Documents shall be grounds to declare default. In the event of default, the non-breaching party shall be entitled to recover all actual damages resulting from breach, in addition to the other remedies specified in this Contract. Actual damages shall include reasonable and necessary costs of completion of the Work or repair or replacement of Work which does not conform to the Contract Documents. In no event shall either party be liable to the other for consequential damages. In addition to any other remedies, in any legal action arising from this Contract the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs. ARTICLE 12 Venue, Choice of Law, Interpretation. The place of performance under this Contract is Grand County, Utah. In the event of any legal dispute concerning the subjects of this agreement the parties stipulate to jurisdiction and venue in the District Court, Grand County, Utah. This contract shall be construed in accordance with the laws of the state of Utah. a. There are no known or intended third party beneficiaries to this Contract. b. This Contract is the product of mutual bargaining. It shall be construed in accordance with its plain meaning, regardless of the extent to which either party participated in the drafting Chip Sealant Project Page 7 of 10