CONTRACT DOCUMENTS FOR. Dinosaur Crossing 24 Material Supply Inquiry No St. George, Utah 08/16/16. Prepared By: John Cazier

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1 CONTRACT DOCUMENTS FOR Dinosaur Crossing 24 Material Supply Inquiry No St. George, Utah 08/16/16 Prepared By: John Cazier City of St. George Water Services Department St. George, Utah (435)

2 PUBLIC NOTICE # Sealed bids will be received for the construction of the Dinosaur Crossing 24 Material Supply, located at Riverside Drive, St. George, Utah. Bids must be submitted in a sealed envelope by 2:00 pm, MST, August 30, 2016 to the City of St. George, Purchasing Department, Attn: Connie Hood, CPPO, Purchasing Manager, 175 East 200 North, St. George, Utah, Bids will be opened publicly and read aloud in the City Council Chambers. Each sealed envelope containing a BID must be plainly marked on the outside # and Dinosaur Crossing 24 Material Supply. The BID includes the following: 2,160 linear feet of 24 class 51 ductile iron pipe, degree elbows, and accessories. Copies of the Contract Documents may be obtained by contacting John Cazier. Addenda will only be provided or sent to planholders that are on the planholders list. Contractors will need to call (435) to be placed on the planholders list. If you would like a copy of the Contract Documents a set may be obtained by contacting John Cazier at: john.cazier@sgcity.org or (435) As required by St. George City Code 1-10B-14 a signed certificate of legal work status for the Bidder must accompany the BID. City of St. George reserves the right to reject any, or all bids, or to waive any formality or technicality in any bid, in the interest of the City. Form Approved 9/17/14 Page 2 of 7

3 EQUIPMENT/SUPPLIES/MATERIALS PURCHASE AGREEMENT FOR PURCHASES OVER $25,000 THIS AGREEMENT is made and entered into this day of, 2016, by and between the City of St. George, a Utah municipal corporation, whose address is 175 East 200 North, St. George, Utah ( City ) and, whose address is, ( Seller ). R E C I T A L S WHEREAS, City desires to purchase 24 Ductile Iron Pipe, Elbows, and accessories for Dinosaur Crossing 24 Regional Line Connection ; and WHEREAS, City solicited bids through the formal bid process for the purchase of equipment/supplies/materials and the bid is hereby incorporated as part of this agreement; and WHEREAS, Seller submitted a bid dated, 2016, which outlines the items to be purchased, the quantity and the price, Exhibit A, and is hereby incorporated as part of this agreement; and WHEREAS, City after review of the bids selected Seller to provide the equipment/supplies/ materials for the Project; NOW, THEREFORE, for the consideration hereinafter set forth and in accordance with the conditions and representations contained herein, the parties hereby agree as follows: A G R E E M E N T 1. Recitals. The foregoing recitals are incorporated herein by this reference. 2. Purchase. Seller shall provide the goods described in Exhibit A. 3. Purchase Price and Payment. City shall pay Seller a total sum of for the goods described in Exhibit A. City shall pay Seller in full within 30 days of delivery of the goods to City, acceptance of those goods by the City and receipt of the invoice. 4. Delivery. Time is of the essence in the performance of this Agreement. Seller will arrange for delivery to Buyer. Seller will deliver the goods required by the Agreement on or before the September 19, 2016, unless the period for delivery is extended by City. City, upon receiving possession of the goods, shall have a reasonable opportunity to inspect the goods to determine if the goods conform to the requirements of the conditions of this sale. If the Form Approved 9/17/14 Page 3 of 7

4 City, in good faith, determines that all or a portion of the goods are non-conforming, the City may return the goods to the Seller at no cost to City. Seller is strictly liable for goods until City accepts delivery of goods. 5. Warranties. All goods shall be warranted as follow: a. 1 year warranty on all pipe, valves, and accessories 6. Compliance with Applicable Laws. Seller expressly acknowledges and agrees that nothing in this Agreement shall be deemed to relieve Seller from any obligation to comply with all applicable requirements of the City including the payment of fees and compliance with all other applicable ordinances, resolutions, regulations, policies and procedures of City, except as modified, waived or declared in this Agreement. Seller shall comply with all federal, state, and local laws, regulations, and ordinances. 7. Conflicts. In the event of a conflict between this Agreement and any other documents with Seller, this Agreement shall govern. 8. No Waiver. The failure of either Party to enforce any of this Agreement s provisions shall not be construed to be a waiver of the rights of such party to enforce such provisions. 9. Notices. All notices required or permitted to be made by either party in connection with this Agreement shall be in writing, and shall be deemed to have been duly given: (a) five (5) business days after the date of mailing if sent by U.S. mail, postage prepaid, (b) when transmitted if sent by facsimile, provided a confirmation of transmission is produced by the sending machine and a copy of such facsimile is promptly sent by another means specified in this Section; or (c) when delivered if delivered personally or sent by express courier service. All notices shall be sent to the other party at its address as set forth below unless written notice is given by either party of a change of address: City of St. George Seller: Attn: Attn: 175 East 200 North St. George, Utah, Governing Law and Venue. This Agreement shall be construed according to the laws of the State of Utah. The parties agree that venue for all legal actions, unless they involve a cause of action with mandatory federal jurisdiction, shall be the Fifth District Court for the State of Utah. The parties further agree that the Federal District Court for the District of Utah shall be the venue for any cause of action with mandatory federal jurisdiction. The parties shall have all rights and remedies provided under applicable Federal or State law for a breach or threatened breach of this Agreement. These rights and remedies shall not be mutually exclusive, and the exercise of one or more of these rights and remedies shall not preclude the exercise of any other rights and remedies. Each party agree that damages at law may be an inadequate remedy for a breach or threatened breach of any provision hereof and the respective rights and obligations of the parties hereunder shall be enforceable by specific Form Approved 9/17/14 Page 4 of 7

5 performance, injunction, or other equitable remedy. Nothing in this Agreement shall be construed to waive the sovereign immunity of the government parties. 11. Construction. This Agreement has been reviewed and revised by legal counsel for all the parties and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. 12. Legal Fees. Should any party default on any of the covenants or agreements contained herein, the defaulting party shall pay all costs and expenses, including reasonable attorney s fee, which may arise or accrue from enforcing this Agreement or in pursuing any remedy provided hereunder or by applicable law, whether such remedy is pursued by filing a lawsuit or otherwise. This obligation of the defaulting party to pay costs and expenses includes, without limitation, all costs and expenses, including reasonable attorney s fee including appeals and bankruptcy proceedings. If either party commences legal action to interpret any term of this agreement, the prevailing party shall be entitled to recover all reasonable attorneys fees, court costs, and any other costs incurred in connection with such action. 13. Modification Of Agreement. City specifically reserves the right to modify or amend this Agreement and the total sum due hereunder either by enlarging or restricting the scope of the work. All modifications shall be in writing and executed by both parties. Each Work Order adopted under this Agreement shall incorporate the terms and conditions of this Agreement and shall constitute a modification to this contract. A Work Order may amend the terms and conditions of this Agreement only as they apply to that particular Work Order and shall not have any general effect on this Agreement. 14. Reserved Legislative Powers. Nothing in this Agreement shall limit the future exercise of the police power by City in enacting zoning, subdivision, development, transportation, environment, open space, and related land use plans, policies, ordinances, and regulations after the date of this Agreement, but which shall not be retroactively applied to or modify this Agreement. 15. Assignment. Neither this Agreement nor any of the provisions, terms or conditions hereof can be assigned, sublet, sold, transferred or otherwise disposed of to any other party, individual or entity without assigning the rights and the responsibilities under this Agreement and without prior written consent of City, which consent shall not be unreasonably withheld. 16. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns, but shall not inure to the benefit of any third party or other person. 17. No Joint Venture, Partnership or Third Party Rights. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the parties. No term or provision of this Agreement is intended to or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. Form Approved 9/17/14 Page 5 of 7

6 18. Integration. This Agreement contains the entire Agreement with respect to the subject matter hereof and integrates all prior conversations, discussions or understanding of whatever kind or nature and supersedes and replaces all terms and conditions of any prior agreements, arrangements, negotiations, or representations, written or oral, with respect to this matter. 19. Severability. If any part or provision of this Agreement shall be determined to be unconstitutional, invalid or unenforceable by a court of competent jurisdiction, then such a decision shall not affect any other part or provision of this Agreement except that specific provision determined to be unconstitutional, invalid or unenforceable. If any condition, covenant or other provision of this Agreement shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. 20. Survival. It is expressly agreed that the terms, covenants and conditions of this Agreement shall survive any legal act or conveyance required under this Agreement. 21. Headings. The section and other headings in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. 22. Counterparts. This Agreement may be executed in counterparts each of which shall be an original and shall constitute one and the same agreement. 23. Authority of Parties. The parties executing this Agreement hereby warrant and represent that they are duly authorized to do so in the capacity stated and that this Agreement constitutes a valid and binding Agreement. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CITY: CITY OF ST. GEORGE SELLER: Jonathan T. Pike, Mayor of Signer for Seller] ATTEST: [Name of authorized signer for Seller], [Title Approved as to form: Christina Fernandez, City Recorder Paula Houston, Deputy City Attorney Form Approved 9/17/14 Page 6 of 7

7 EXHIBIT A CITY OF ST. GEORGE BID SCHEDULE Dinosaur Crossing 24 Material Supply Bidder agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit or lump sum prices. FOB will be at the project site located near Mall Drive and Riverside Drive St. George Utah. Bidder will complete the work in accordance with the Contract Documents for the following unit prices. Quantities indicated are not guaranteed; they are solely for comparing bids and establishing the initial Contract Price. Final payment will be based on actual quantities. NOTE: The Engineer shall check all bids for mathematical errors. If errors have been made in the extension of the figures, it will be assumed that the unit prices are correct and the total amounts will be revised to reflect the corrections. BID SCHEDULE ITEM NO. ITEM DESCRIPTION QUANTITY UNITS UNIT COST 1 Furnish 24 Ductile Iron Pipe w/ Poly Wrap and 14 ga. wire 2,160 L.F. 2 Furnish 24 MJ 90º Elbow w/ gaskets and accessory pack 2 Each 3 Furnish 24 Mechanical Joint Restraint 4 Each 4 Furnish 24 Locking Gasket 79 Each TOTAL OF BID SCHEDULE TOTAL ATTEST: RESPECTFULLY SUBMITTED: (Seal - If Bid is by Corporation) Address Signature Name Form Approved 9/17/14 Page 7 of 7 Title