MIDA Mountain Village Public Infrastructure District

Invitation to Bid for the MMV PID 2026 Slurry Seal Project

Bid No.: MMV-PID-01-26

Bid Schedule

Event Date & Time

Questions Due July 10, 2026 at 5:00 pm (MDT)

Bids Due July 14, 2026 at 5:00 pm (MDT)

Public Opening of Bids (via Zoom) July 15, 2026 at 4:00 pm (MDT)

INVITATION TO BID FORM

Bid No.: MMV-PID-01-26

BEFORE REPLYING TO THIS BID, PLEASE READ THE INSTRUCTIONS AND GENERAL PROVISIONS PROVIDED WITH THIS

DOCUMENT

REPLIES MUST BE LEGIBLE

Project Description The Utah Military Installation Development Authority (“MIDA”) on behalf of the MIDA Mountain Village Public Infrastructure District (the “PID”) is conducting an Invitation for Bids for the MMV PID 2026 Slurry Seal Project. This project consists of placing approximately 173,285 square feet of Type II Slurry Seal material on various streets located within the PID. The project will also include the placement of approximately 3 tons of Maxwell Products NUVO CS A crack seal material, traffic control, and material staging, and storage.

Bidder Information

Company Name: ________________________________ Federal ID Number: _______________________________

Legal Status (Circle One): Sole Proprietorship Non-Profit Corp. Profit Corp. Partnership LLC Other: _______________________________

Address: ________________________________________ Contact Person: _______________________________

Phone: ________________________________________ Email: ______________________________________

Remit Address: ___________________________________

Receipt of Addendum Acknowledgement: Addendum #1 __ #2__ #3__ #4__ #5__ #6__

The undersigned certifies that the Contractor is willing and able to furnish the item(s) and work specified on this bid.

Type or print the NAME and TITLE of the Contractor’s Authorized Agent: ________________________________________

Signature: ________________________________________ Please SIGN IN INK or this bid may be rejected. Your signature indicates that you have read and agreed to the Instructions & General Provisions.

Date: ________________________________________

SUBMIT ALL BIDS THROUGH THE UTAH PUBLIC PROCUREMENT PLACE (“U3P”) WEBSITE.

Bids will be publicly opened and read on July 15, 2026 at 4:00 PM (MDT) via Zoom. THE BID NUMBER LISTED AT THE TOP

OF THIS DOCUMENT MUST BE REFERENCED WHEN SUBMITTED.

BID SCHEDULE

1.0. BASE BID

Item APWA Section

Description Quantity Unit Unit Price Total Cost

100 01 71 13 Mobilization and Demobilization

1 Lump Sum

101 01 55 26 Traffic Control 1 Lump Sum

102 32 01 17 Placement of Maxell Products NUVO CS A or Approved Equal Crack Seal Material

3 Ton

103 32 01 13.61 Placement of APWA SS-II 3% polymer modified Slurry Seal

173,285 Square Feet

TOTAL:

2.0. MEASUREMENT AND PAYMENT

GENERAL

1. No separate payment will be made for completing items of work not specifically addressed in the Schedule of Pay Items below, and the cost of meeting these requirements shall be incidental to the other contract prices.

2. Base Bid Items

100 Mobilization and Demobilization (Section 01 71 13)

1. Measurement: Lump Sum

2. Payment Covers: Payment shall be complete compensation for all labor, tools, materials, equipment, incidentals, required to complete this item, including but not limited to:

a. Mobilization and demobilization of all necessary construction equipment to the site.

b. Installation of temporary facilities.

c. Obtaining a Grading Permit from MIDA and complying with all terms of the permit will be required. The PID will not charge a fee for the Permit.

d. Securing, preparing, operating, and cleanup of storage and staging area(s).

e. If staging area is greater than 1 acre, State UPDES compliance (including creation and implementation of Storm water Pollution Prevention Plan), obtaining an applicable “NOI”, continual maintenance of all control measures, obtaining an “NOT”, and documentation of such to the PID will be required.

101 Traffic Control (Section 01 55 26)

1. Measurement: Lump Sum

2. Payment Covers: Preparation of an approved Traffic Control Plan, and furnishing all labor, tools, materials, equipment, and incidentals, and doing all work necessary to implement and maintain the traffic control as shown on the plan, specified, including but not limited to:

a. Obtain, and comply with, a Right-of-Way Encroachment Permit from the PID.

The PID will not charge a fee for the Permit.

b. Preparation of an approved Traffic Control Plan.

c. Implementation and maintenance of Traffic Control Plan.

d. Certified Flaggers and Traffic Control Technicians.

e. Coordination with all interested public agencies affected by project-related traffic and pedestrian route alterations (including but not limited to, Watch County Sheriff's Office, Fire Authority, EXTELL Corporation, and Deer Valley East Ski Resort).

f. Maintain pedestrian access at all times.

g. Compliance with APWA and MUTCD Traffic Control specifications.

102 Placement of Maxwell Products NUVO CS A or Approved Equal Crack Seal Material (Section 32 01 17)

1. Measurement: Ton

2. Payment Covers: Payment shall be complete and full compensation for all labor, tools, equipment, and incidentals, required to complete this item, including but not limited to:

a. Traffic control.

b. Proper and complete site preparation, including removal of vegetation and debris from cracks prior to application of crack seal material.

c. The crack between the lip of the gutter and the asphalt is included in crack sealing item unless specifically directed otherwise by the PID Project Manager by clear markings on the ground.

d. Furnish and place Maxwell Products NUVO CS A or Approved Equal Crack Seal Material in accordance with APWA Specifications.

e. Sanding of crack seal after placement in high traffic areas as necessary.

f. Preparation of submittals.

g. All testing and documentation necessary for compliance with APWA quality control specifications.

103 Placement of APWA SS-II 3% Polymer Modified Slurry Seal (Section 32 01 13.61)

1. Measurement: Square Foot

2. Payment Covers: Payment shall be complete and full compensation for all labor, tools, equipment, and incidentals, required to complete this item, including but not limited to:

a. Work is to be completed with minimum impact to active construction and

Village operations, which may require weekend work or work during non-peak hours.

b. Provide proper lighting and traffic control to work evening and weekend operating hours

c. Proper and complete site preparation, including sweeping of placement areas and vegetation removal as necessary, are required prior to application of slurry material.

d. Furnish and place APWA SS-II 3% polymer modified Slurry Seal in accordance with APWA Specifications.

e. Commercial and Neighborhood/resident notifications 2 days in advance of placement activities.

f. Preparation of submittals.

g. All testing and documentation necessary for compliance with APWA quality control specifications.

END OF BID SCHEDULE

INVITATION FOR BID INSTRUCTIONS AND GENERAL PROVISIONS

Failure to comply with the following instructions may cause rejection of this bid.

1. Administrative Authority The administration of this purchasing process is conducted by the Military Installation Development Authority (“MIDA”) Purchasing Agent on behalf of the MIDA Mountain Village Public Infrastructure District (the “PID”), a separate governmental entity which is a subsidiary of MIDA . No contact should be made of the Executive Director, Board of Directors, employee or consultants in regards to this solicitation other than those listed herein.

2. No Obligation Implied:

This Invitation for Bid implies no obligation on the part of the PID.

3. Contract Requirements:

Any contract that may arise from this Invitation for Bid is subject to the following Terms and Conditions and those outlined in Terms & Conditions in this document:

INDEMNIFICATION - The contractor agrees to protect, indemnify, defend, and hold MIDA, the PID, the MIDA and PID Executive Directors, MIDA Board of Directors, PID Board of Trustees, and all employees, officers, and agents/consultants of both MIDA and the PID (collectively the "Indemnities") free and harmless from and against all losses, claims liens, demands and causes of action of every kind and character arising out of performance of the Work by the contractor or by its subcontractors, including the amount of judgment, penalties, interest, court costs and legal fees incurred by the Indemnities or any of them in defense of the same, arising in favor of any party, including governmental agencies or bodies, on account of, but not limited to, taxes, claims, liens, debts, personal injuries, death or damages to property (including property of Indemnities). The Contractor further agrees to; investigate, handle, respond to, provide defense for and defend any such claim, demand or cause of action at its sole expense, and agrees to bear all other costs and expenses related thereto, and release, indemnify and hold the Buyer, its officers, agents and employees harmless from liability of any kind or nature, including the contractor’s use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of this contract. Both MIDA and the PID are governmental entities under the Governmental Immunity Act of Utah, Title 62G, Chapter 7, Utah Code Annotated (the “Act”) and nothing herein shall be construed to waive, limit or otherwise modify, in whole or in part, any governmental immunity that may be available to the Indemnities pursuant to the Act.

INDEPENDENT CONTRACT - It is understood and agreed by the parties that the contractor is to act in the capacity of an independent contractor and as such will have no authorization, express or implied to bind the PID to any agreements. Contractor's officers and employees shall not be considered as employees or officers of the PID and shall not be entitled to any employee benefits as the PID employees as a result of the execution of this agreement.

INSURANCE - The contractor agrees to acquire and maintain the appropriate insurance, in the appropriate amounts, for the service(s) provided. This shall include, but not limited to general commercial liability, automobile, workers compensation. Proof of insurance will be provided to the PID upon request.

WORKFORCE - The Contractor agrees to register and participate in the Status Verification System to verify the work eligibility status of the Contractor's new employees that are employed in the state. The Contractor further agrees to have each contractor or subcontractor who works for or under main contractor, certify by affidavit that the contractor or subcontractor has verified through the Status Verification System the employment status of each new employee of the respective contractor or subcontractor.

4. MIDA Mountain Village Public Infrastructure District Reservations:

The PID, in its sole determination, reserves the right to cancel this Invitation for Bid or to accept or reject any or all bids, and to waive any informality or technicality in any bid, in the interest of the PID. The PID reserves the right to award multiple contracts to more than one Contractor for the same or similar items. The PID reserves the right for an option to renew or extend any contract that may arise from this Invitation for Bid, not to exceed four (4) renewals or extensions. Unless specifically provided for elsewhere in this bid, multiple or alternate bids will not be accepted. The PID reserves the right to cancel any item(s) not delivered after the Agreement is executed. The PID reserves the right to select some or all of the items from the bid unless an "all or nothing" statement is included in the bid. The PID does not guarantee to make any purchase from this bid. Estimated quantities are for bidding purposes only and are not to be interpreted as a guarantee to purchase any amount.

5. Failure to Respond:

Failure to respond may result in the removal of your firm from the Contractor’s list for the items listed.

Unless you advise the Purchasing Agent prior to the bid due date that you desire to receive future invitations to bid on these items. Three consecutive no responses will result in removal from future bid notifications.

6. Amendments to Invitation For Bid:

Any changes in quantity, specifications, schedules, opening date, corrections, clarifications, etc. will be in the form of an addendum. Addendums will be in writing, will be distributed to all bidders by the purchasing department and will become part of this bid. Any attempts to alter this bid verbally should be ignored.

7. Question and Answer Period:

All questions regarding this solicitation must be submitted through the Utah Public Procurement Place (“U3P”) before July 10, 2026 at 5:00 pm (MDT). Questions submitted using alternative means will not be answered. Responses to questions will be posted to the solicitation’s page on U3P. It is the responsibility of bidders to regularly check the U3P website for answered questions.

8. Bid Bond Required:

Bidders will be required to provide a bid bond, attached to this bid made payable to MIDA Mountain Public Village Infrastructure District in the amount of not less than five percent (5%) of the amount of the bid price.

The bid bond of the accepted bidder shall be forfeited in the event said bidder fails or refuses to enter into a contract and/or fails to furnish the additional bonds required herein.

9. Bid Preparation:

a. Fill out this bid form completely filling in all blanks, either in ink or typewritten. All information provided must be legible.

b. Errors may be crossed out and corrections made in ink or typewritten (no type overs) and must be initiated in ink by the person signing the bid.

c. Any manufacturer's name, trade names, brand names or catalog number(s) used in this specification are there for the purpose of establishing and describing general performance and quality levels. Such references are not intended to be restrictive, and bids are invited on these and comparable brands or products by any manufacturer. All items will be evaluated on an " acceptable substitute" basis unless stated otherwise, The PID will determine acceptability at its sole discretion.

d. Price each bid item separately and extend through the totals. Unit price will govern if there is an error in the extension.

e. Furnish descriptive literature or specifications for each item bid. If a substitute is offered, make a full written explanation on the bid as to its brand name and provide specifications.

f. Submit your bid on the documents furnished herein.

g. Do not bid on items you cannot supply promptly.

10. Bid Submittal:

All bids must be submitted electronically via the Utah Public Procurement Place (“U3P”) before July 14, 2026 at 5:00 PM (MDT). Bids, modifications, or corrections received after this time will be considered late and nonresponsive. It is the sole responsibility of the bidder to ensure that its bid is submitted to and received by U3P by the deadline specified above. All bids are subject to the MIDA Procurement Policy.

For instructions on how to submit a bid, please visit the U3P help center here:

https://purchasing.utah.gov/training/for-vendors-training/

All bids must include the following completed and legible documents:

● Invitation to Bid Form, including an indication on the form that you acknowledge any addendums;

● Bid Schedule;

● Certificate of Non-Collusion; and

● Bid bond in the amount of not less than five percent (5%) of the amount of the bid price.

11. Public Opening of Bids:

Bids will be publicly opened on July 15, 2026 at 4:00 pm (MDT) in a virtual meeting via Zoom. To attend the meeting, bidders may register for the meeting at this link:

https://us06web.zoom.us/webinar/register/WN_xxBUqj00TOW6hnVL52eBmQ.

12. Warranties:

Contractor warrants that all equipment, and/or materials, and/or labor that is furnished or performed will be free from defects for a minimum period of twelve (12) months from date of Substantial Completion. Upon notice from the PID of any defect during the applicable warranty period, the affected item or work shall be redone, redesigned, repaired or replaced by contractor (at contractor’s expense). The PID Warranty repairs must be completed within 10 calendar days after notice or a negotiated time that is acceptable to the PID.

13. Conformance Warranty:

Contractor warrants the item(s) bid will conform to the description as bid.

14. Bid Evaluation:

Any item bid is subject to evaluation. Any item which fails to qualify for approval when evaluated shall not be accepted regardless of compliance with bid requirements. Bids will not be accepted from Contractors who require assignment of payment to another agent. Note: the PID will only pay the Contractor named on the Agreement. The PID will not deal with a factor or make payment to such.

https://purchasing.utah.gov/training/for-vendors-training/ https://us06web.zoom.us/webinar/register/WN_xxBUqj00TOW6hnVL52eBmQ

15. Collusion:

The Contractor agrees and certifies that there has been no collusion or other anticompetitive practices. If any are suspected among bidders or offerors, a notice of the relevant facts shall be transmitted to the Attorney General.

16. Antidiscrimination Act:

The Contractor agrees to abide by the provisions of the Utah Antidiscrimination Act, Title 34A Chapter 5, U.C.A.

1953, as amended, and Title VI and Title VII of the Civil Rights Act of 1964 (USC 2000e), which prohibit discrimination against any employee or applicant for employment, or any applicant or recipient of services, on the basis of race, color, sex, pregnancy, childbirth, or pregnancy related conditions, age, religion, national origin, disability, sexual orientation, or gender identity: and further agrees to abide by Executive Order No.

11246, as amended, which prohibits discrimination on the basis of sex: 45 CFR 90 which prohibits discrimination on the basis of age, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap. This purchase may be canceled if the Contractor fails to comply with the provisions of these laws and regulations. Contractor must include this provision in every subcontract or purchase order relating to purchases by the PID to ensure that subcontractors and Contractors are bound by this provision.

17. Award Methodology:

The contract will be awarded to the lowest responsive and responsible bidder whose bid conforms in all material respects to the requirements and criteria set forth in this Invitation for Bids. The PID reserves the right to waive minor informalities or irregularities in any bid, to reject any or all bids, or to cancel this solicitation in its entirety if it is determined to be in the best interest of the public.

TERMS & CONDITIONS

GENERAL

Bidders must meet or exceed all specifications and requirements as set forth in this document. Contractor must furnish all equipment, materials, labor, tools, transportation, supplies and incidentals necessary to complete the entire project which includes hauling off and properly disposing of all debris. All work must comply with MIDA’s MRF Development Standards and Guidelines, MIDA’s MRF Ordinances, and MIDA Mountain Village Public Infrastructure District Road and Stormwater Rules and Regulations: MILITARY

INSTALLATION DEVELOPMENT AUTHORITY (MIDA) IN UTAH.

The PID has adopted the APWA 2025 addition of Standard Specifications and Drawings which can be downloaded free of charge from: https://utah.apwa.org/education/utah-standard-plans-specifications/

1. BONDING

Bidders will be required to provide a bid bond, attached to this bid made payable to MIDA Mountain Public Village Infrastructure District in the amount of not less than five percent (5%) of the amount of the bid price. The bid bond of the accepted bidder shall be forfeited in the event said bidder fails or refuses to enter into a contract and/or fails to furnish the additional bonds required herein.

The successful bidder must submit to the PID full performance and payment bonds in amounts equal to one hundred percent (100%) of the contract price. Work cannot begin until bonds have been received by the PID.

Bonding costs must be included in the bid price. The PID’s performance and payment bond documents will be provided to the successful bidder for execution prior to issuing the Notice to Proceed.

2. CONFLICT WITH SUBMITTALS/INCONSISTENCIES IN CONDITIONS

In the event of conflict with submittals from bidders or inconsistencies in bidding documents, this bid document will take precedence.

3. CONSIDERATION, AWARD, AND REJECTION OF BIDS

All bidders must be able to demonstrate that they are responsible, competent contractors with the resources to complete a project of this magnitude and must be prepared to provide documented proof of such upon request including references and financial statements. The contractor's past performance history, organization, equipment and demonstrated ability to perform and complete their contracts in the manner and within the time limit specified will be elements along with the dollar amount of the bid which will be considered by the PID in the letting of the contract, if any award is made. The PID reserves the right to reject any and all bids by reason of this paragraph.

4. CONSTRUCTION DATES/DEADLINES

The project must be completed by September 15th, 2026, and must comply with all contract terms and most current version or the APWA Specifications. The anticipated timeframe, or timeline, is as follows:

● Bids will remain valid for forty-five (45) days after the bid opening date

● Work cannot begin until a pre-construction meeting has been held and the following is submitted to the

PID:

https://codelibrary.amlegal.com/codes/midaut/latest/mida_ut/0-0-0-1 https://codelibrary.amlegal.com/codes/midaut/latest/mida_ut/0-0-0-1 https://codelibrary.amlegal.com/codes/midaut/latest/mida_ut/0-0-0-1 https://utah.apwa.org/education/utah-standard-plans-specifications/

○ All required permits

○ Bonding

○ Proof of insurance

○ Certificate of employee verification

○ Executed agreement

The PID will provide all of the above document forms to the successful bidder for execution prior to issuing the Notice to Proceed.

● The PID will issue a Notice to Proceed within seven (7) business days after all documents have been submitted and accepted. Contract time (commencement of work date) begins seven (7) calendar days after the Notice to Proceed Date.

5. CONTRACT CLAUSES

Any contract arising from this invitation to bid will include the following:

● The unilateral right of the PID to order written changes in the work and/or time of performance (change order).

● Liquidated damages as appropriate.

● Specific excusable delays are as follows: if the contractor is delayed by the PID by change orders.

● The PID may terminate the contract for any reason at any time if the contractor fails to perform (default) or if it is in the best interest of the PID (convenience).

6. INSPECTIONS

Contractor must be prepared, willing and accommodating to on-site inspection of all work, at any time, by the PID representative, during job progress.

7. LIABILITY

Any damages occurring from the execution of the contract, incidental or otherwise, to the PID or private properties must be repaired, at the contractor’s expense, to the owner’s satisfaction.

8. INDEMNIFICATION

The contractor agrees to protect, indemnify, defend, and hold MIDA, the PID, the MIDA and PID Executive Directors, MIDA Board of Directors, PID Board of Trustees, and all employees, officers, and agents/consultants of both MIDA and the PID (collectively the "Indemnities") free and harmless from and against all losses, claims liens, demands and causes of action of every kind and character arising out of performance of the Work by the contractor or by its subcontractors, including the amount of judgment, penalties, interest, court costs and legal fees incurred by the Indemnities or any of them in defense of the same, arising in favor of any party, including governmental agencies or bodies, on account of, but not limited to, taxes, claims, liens, debts, personal injuries, death or damages to property (including property of Indemnities). The Contractor further agrees to; investigate, handle, respond to, provide defense for and defend any such claim, demand or cause of action at its sole expense, and agrees to bear all other costs and expenses related thereto, and, release, indemnify and hold the Buyer, its officers, agents and employees harmless from liability of any kind or nature, including the contractor’s use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of this contract. Both MIDA and the PID are governmental entities under the Governmental Immunity Act of Utah, Title 62G, Chapter 7, Utah Code Annotated (the “Act”) and nothing herein shall be construed to waive, limit or otherwise modify, in whole or in part, any governmental immunity that may be available to the Indemnities pursuant to the Act.

9. INSURANCE

An ACORD CERTIFICATE must be submitted. The following information must be on the ACORD.

Description of Operations:

Certificate Holder:

MIDA and the MIDA Mountain Village Public Infrastructure District, and their respective appointed officials, officers, employees, volunteers, and agents/consultants. Coverage is for all operations performed by or on behalf of the named insured.

REQUIREMENTS:

Workers Compensation insurance, sufficient to cover all employees in the employ during the term of the contract including any renewal thereof must be maintained. Coverage amount should be in the amount required by Utah Workmen’s Compensation Laws.

Liability insurance (general commercial and automobile) in the amount of $1,000,000.00 per occurrence with an aggregate of $2,000,000.00 must be maintained during the term of the contract including renewals.

Insurance needs to include Project Name with the location and description of the project, and the Project Number and Bid Number (if known). Insurance must name as the certificate holder; MIDA and the MIDA Mountain Village Public Infrastructure District, and their respective appointed officials, officers, employees, volunteers, and agents/consultants. Coverage is for all operations performed by or on behalf of the named insured.

Insurance provided is required to be primary and non-contributory.

Proof of coverage must be provided before work can begin, and the Contractor agrees to provide proof of insurance upon demand by the PID throughout the terms of the contract. The insurance must have a 30-day written cancelation notice. If any of the required insurance coverage is cancelled or lapses, the PID may at the PID's discretion, obtain substitute coverage at reasonable rates. The PID may deduct the cost of such coverage, plus 10% for administrative charges, from any monies that are owed to contractor.

The PID will assume no liabilities for the contractor including any of the contractor’s representatives, employees or properties, and agrees to, at all times, protect, indemnify, defend and hold harmless the PID and PID employees and agents/consultants from any and all claims.

Contractor shall, at all times, keep the work area in a neat, clean, safe and secure condition to avoid the risk of loss, theft, vandalism or sabotage.

Any damages occurring during the completion of this project, incidental or otherwise, to the PID or adjacent properties must be repaired, at the contractor’s expense, to the owner’s satisfaction.

10. INDEPENDENT CONTRACTOR

It is understood and agreed by the parties that the contractor is to act in the capacity of an independent contractor and as such will have no authorization, express or implied to bind the PID to any agreements.

Contractor's officers and employees shall not be considered as employees or officers of the PID and shall not be entitled to any employee benefits as the PID employees because of the execution of this agreement.

11. WORKFORCE

The Contractor agrees to register and participate in the status verification system to verify the work eligibility status of the Contractor's new employees that are employed in the state. The Contractor further agrees to have each contractor or subcontractor who works for or under main contractor, certify by affidavit that the contractor or subcontractor has verified through the status verification system the employment status of each new employee of the respective contractor or subcontractor.

12. LAWS/CODES

Contractor must abide by all federal, state and local laws including, but not limited to, employment laws such as the Americans with Disabilities Act and meet or exceed all applicable building codes and Utah state energy code requirements.

13. OSHA REQUIREMENTS

Contractor agrees to comply with all OSHA requirements that may be associated with this project. For any OSHA violation that occurs with this project the Contractor agrees to pay any fine accessed to the PID. After such occurrence, the PID will not accept any bids from the contractor on any project for a period of one (1) year.

14. CONFINED SPACE AGREEMENT

Work performed in the PID-owned confined spaces will require contractors to:

● Possess the equipment required for confined space entry.

● Use employees who are trained in confined space protocol.

● Comply with OSHA Standards 29 CFR 1910 and 1926.

15. PERMITS

The Contractor is responsible to obtain the following the PID Permits. Permits can be viewed at the following web sites:

● Encroachment Permit (bonding is a requirement of this permit) can be found at:

2.08 Right-of-Way Encroachment Permits

The Contractor may also be required to obtain permits from other agencies that may be necessary to complete the project.

16. STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

For all service contracts, where required, Contractor is responsible to submit a Stormwater Pollution Prevention Plan (SWPPP). Before any services are performed, the SWPPP is required. Failure to comply will result in stoppage of work and liquidated damages may apply.

Submit a copy of the SWPPP to the PID Project Manager.

17. LICENSING

Contractors must meet all current licensing requirements of the PID, County and State of Utah to do the type of work required under this bid including the proper license classifications with a sufficient monetary limit as established and issued by the division of occupational and professional licensing, state department of commerce. Licensing must be current and valid at the date of bid opening.

https://codelibrary.amlegal.com/codes/midaut/latest/mida_ut/0-0-0-3361#JD_T8Ch22.08

18. LIQUIDATED DAMAGES

Time is the essence of the Contract Documents. Contractor agrees that the PID will suffer damage or financial loss if the project is not completed by the agreed completion time or within any time extensions that are allowed by written pre-approval. The Contractor and the PID agree that proof of the exact amount of any such damage or loss is difficult to determine. Accordingly, instead of requiring any such proof of damage or specific financial loss or late completion, the Contractor agrees to pay the following sums to the PID as liquidated damages and not as a penalty.

a. Late Time Completion:

Five Hundred dollars and no cents ($500.00) for each day or part thereof that expires after the completion time until the work is accepted as substantially complete.

b. Late Punch List Time:

Punch list items must be completed within 7 calendar days after the list is delivered. 50% of the amount specified for Late Time Completion for each day or part thereof if the work remains incomplete after the Punch List Time. The Punch List shall be considered delivered on the date it is transmitted by email (with confirmation of delivery), hand delivery, or received by the Contractor by certified mail.

c. Interruption of Public Services:

No interruption of public services shall be caused by the Contractor, its agents, or employees, without the PID project managers prior written approval. The PID and Contractor agree that in the event the PID suffers damages from such interruption, the amount of liquidated damages stipulated below shall not be deemed to be a limitation upon the PID’s right to recover the full amount of such damages. The liquidated damages for an interruption of Public Services shall be One thousand dollars and no cents ($1,000.00) for each day or part thereof for any utility interruption caused by the Contractor without prior written authorization.

d. Survey Monuments:

No land survey monument shall be disturbed or moved until the Contractor has obtained a Monument Preservation Permit from the Wasatch County Surveyor. The parties agree that upon such an unauthorized disturbance it is difficult to determine the damages from such a disturbance, and the parties agree that Contractor will pay as liquidated damages the sum of one thousand dollars and no cents ($1000.00) to cover such damage and expense.

Time completion may be applied to individual work sequences throughout the project. If it is determined that there will be a number of completion sequences within the project, the above damages will apply to each sequence. The PID shall be entitled to deduct and retain liquidated damages out of any money which may be due or become due the Contractor. To the extent that the liquidated damages exceed any amounts that would otherwise be due the Contractor, the Contractor shall be liable for such amounts and shall return such excess to the PID.

19. NOTICE TO PROCEED

Notice to proceed will be issued by the PID Purchasing Agent after an executed Agreement and all other documents listed in Section 5 of these Terms and Conditions have been submitted.

20. PAYMENT

The PID agrees to pay the contractor as the work progresses, but not more than once each month and only upon presentation of an “application and certificate for payment” (AIA document g702) for work performed during the preceding calendar month. Five percent (5%) of the earned amount shall be retained from each monthly payment until 50% of the project is complete. Final payment (retained amount) will be held by the PID until project completion, clean-up, inspection, and approval of the invoice is made by the PID’s representative. No prepayments or “draws” against anticipated (future) work will be allowed.

21. SUBCONTRACTORS

The PID reserves the right to approve or reject any subcontractor. The PID will not provide drawings, bidder’s lists, etc. to subcontractors or suppliers.

22. TERMS AND CONDITIONS

In the event of breach, the prevailing party will be entitled to attorney’s fees, regardless of whether the issue is brought to court. The PID requests assignment of rights to recover damages from any antitrust violations.

23. WARRANTY

Contractor warrants all equipment, materials, and labor furnished or performed will be free from defects for a period of twelve (12) months from date of acceptance. The Performance Bond must extend through the warranty period. Upon notice from the PID of any defect during the applicable warranty period, the affected item, parts or work shall be redone, redesigned, repaired or replaced by contractor (at contractor’s expense). Warranty repairs must be completed within 10 calendar days after notice or a negotiated time that is acceptable to the PID. All liquidated damages specified for original work will apply on warranty repairs.

END OF TERMS & CONDITIONS

CERTIFICATE OF NON-COLLUSION

State of Utah _______________________)

County of _________________________ )

AFFIDAVIT

The undersigned of lawful age, being first duly sworn, disposes and says:

That as a condition precedent to the award of the MMV PID 2026 Slurry Seal Project as above captioned, I, ___________________________________________________, do solemnly swear that neither I nor my firm or company have either directly or indirectly restrained free and competitive bidding on this project by entering into any agreement, participating in any collusion, or otherwise taking any action unauthorized by the PID with respect to this Bid.

Contractor: ___________________________________________________

By: ___________________________________________________

Title: ___________________________________________________

Subscribed and sworn to before me this _______ day of __________________________, 2026.

by

______________________________________ My Commission Expires: _________________ Notary Public

NOTARY SEAL

END OF DOCUMENT

CERTIFICATE OF NON-COLLUSION