2-DF26-22 IFB.pdf

TOOELE COUNTY SOLID WASTE

TOOELE COUNTY LANDFILL

IMPROVEMENTS

WATER/MAINTENANCE BUILDING

CONSTRUCTION

APRIL 2026 U3P ID: DF26-22

TOOELE COUNTY SOLID WASTE

CONTRACT DOCUMENTS

for construction of the

WATER/MAINTENANCE BUILDING

CONSISTING OF:

BIDDING REQUIREMENTS

CONTRACT FORMS

CONDITIONS OF THE CONTRACT

SPECIFICATIONS

DRAWINGS

APRIL 2026

FORSGREN, AN APEX COMPANY

SALT LAKE CITY, UTAH

Project No. 05-24-0105

Nick.Patterson Pen thepon

Nick.Patterson Pen

Nick.Patterson Typewritten Text 4/3/2026

Tooele County Landfill – Water System & Maintenance Building 00 00 00-1

Project No. 05-24-0105 Table of Contents

Forsgren, An Apex Company

TABLE OF CONTENTS 1

PART 1 - BIDDING REQUIREMENTS 3

00 00 00 Invitation to Bid 5

00 21 13 Instructions to Bidders 6

00 41 00 Bid Form Unit Price 7

00 41 10 Information Required of Bidders 8

00 41 15 Subcontractors and Suppliers 9

00 43 50 Bid Bond 10

PART 2 - CONTRACT FORMS 12

00 51 00 Notice of Award 14

00 52 00 Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) 15

00 55 00 Notice to Proceed 16

00 61 00 Performance Bond 17

00 61 50 Payment Bond 18

PART 3 - CONDITIONS OF THE CONTRACT (NOT USED) 20

C-700 Standard General Conditions 22

C-800 Supplemental Conditions 23

PART 4 - TECHNICAL SPECIFICATIONS 25

DIVISION 1 – GENERAL REQUIREMENTS 27

01 01 00 Summary of Work 28

01 20 01 Price and Payment Procedures 29

01 30 00 Submittal Procedure 30

01 31 00 Coordination and Sequencing 31

01 32 00 Progress Schedule 32

01 50 00 Temporary Facilities and Controls 33

01 55 00 Quality Requirements 34

01 60 00 Product Requirements 35

01 70 00 Execution and Closeout Procedures 36

01 91 00 Commissioning 37

DIVISION 3 – CONCRETE 39

03 10 00 Concrete Formwork 40

03 20 00 Concrete Reinforcement 41

03 25 10 Expansion, Construction, and Control Joints 42

03 30 00 Cast in Place Concrete 43

03 37 00 Concrete Curing 44

DIVISION 6 – WOOD AND PLASTICS 46

06 10 00 Rough Carpentry 47

06 16 00 Sheathing 48

DIVISION 9 - FINISHES 50

09 91 00 Painting 51

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Project No. 05-24-0105 Table of Contents

Forsgren, An Apex Company

DIVISION 31 – EARTHWORK 1

31 22 00 Earthwork 2

31 22 22 Structural Excavating and Backfilling 3

31 22 40 Dewatering 4

31 22 60 Excavation Support and Protection 5

31 22 80 Pipe Installation Trench 6

DIVISION 32 - EXTERIOR IMPROVEMENTS 8

32 40 00 Geotextiles 9

DIVISION 33 - UTILITIES 11

33 01 01 General Mechanical Provisions 12

33 01 05 Mechanical Identification 13

33 02 01 Piping General Requirements 14

33 02 02 Steel Pipe 15

33 02 05 Polyethylene Pipe 16

33 02 06 PVC/CPVC Pipe 17

33 03 03 Piping Support Systems 18

33 03 07 Piping – Flushing, Leakage Testing, and Disinfection 19

33 04 05 Check Valves 20

33 04 07 Ball Valves 21

33 04 08 Hydrants 22

END OF SECTION 25

Invitation for Bid 00 00 00

PROJECT:

TOOELE COUNTY LANDFILL – WATER SYSTEM &

MAINTENANCE BUILDING CONSTRUCTION

PREPARED FOR:

Tooele County

47 South Main Street

Tooele, UT 84074

APRIL 2026

INTRODUCTION:

Tooele County is seeking a contractor to construct a maintenance building and water system at the Tooele County Landfill at 2830 Bauer Road.

SCOPE OF WORK:

The work is for procurement of materials and full construction of a pre-engineered metal building (building is provided by owner, constructed by contractor), concrete slabs, footing and foundations, water system in the maintenance building, site water piping, a new 20k gallon underground water tank, and power per the design drawings and specifications.

I. Mandatory Requirements

Each proposal must include –

• Company name, website (if applicable), and name, email and phone number of project manager.

• Statement of qualifications that includes professional credentials, experience, and overall qualifications in providing the Project Scope stated in this Invitation for Bid

(“IFB”).

• Three (3) examples of projects which demonstrate qualifications for providing the

Project Scope stated in this IFB.

• A list of any subconsultants or subcontractors proposed to be included in work outlined in the Project Scope. Provide a description of their previous work history.

• Any current and applicable certifications of the staff to be assigned to this project.

II. Financial Requirements

All bids must include a complete budget, detailing the following factors:

• Cost of materials and labor

• Bonding and insurance costs

• Travel and mobilization costs

Bid Form is included in Section 00 41 00 of the bidding specifications.

III. Schedule

The Work may begin as soon as the Notice to Proceed is issued. The Notice to Proceed is expected to be issued by May 29, 2026. The Work will be Substantially Complete by

November 15, 2026. There is no allowance for additional time. Penalties will be applied if the work is not complete by the date of Substantial Completion.

IV. Timeline for IFB Process (times are MDT)

Event / Action Date

Advertise IFB April 22, 2026

Pre-Bid Conference April 30, 2026 (10:00 AM)

Questions Due May 6, 2026

County’s Response to Questions May 8, 2026

Deadline for Submission of Proposals 3:00pm May 14, 2026

PRE-BID CONFERENCE

A non-mandatory pre-bid conference will be held at the Tooele County Landfill on Tuesday, April 30, 2026, at 10:00 AM. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference;

however, attendance at this conference is not required to submit a Bid.

BID CONTENTS:

Bids submitted for this project shall address all requested information. Firms are encouraged to keep the offers brief and to the point, while still sufficiently detailed to allow for a fair evaluation. Proposals must include the following:

A) Cover Letter (1 page maximum)

The cover letter shall describe the offeror’s business entity (corporation, LLC, partnership, sole proprietorship, etc.) and include: a statement of the offeror’s general background, a discussion of the offeror’s interest in the project, and the acknowledgement of receipt for any addendums.

B) Project Team

Identify project personnel and define their respective roles.

C) Substantive Content

Describe the offeror’s abilities to meet or exceed the qualifications set forth in items

I, II, III, and IV above.

D) Bid Schedule

E) Signature

The bid shall be signed by a representative authorized to bind the team and shall expressly state the bid is valid until the County Council awards the contract. By signing the cover letter and submitting a bid, the offeror covenants that the proposer is fully qualified to provide the required services, and that the submitted information is true and accurate and may be relied upon in evaluating the bid.

BID SUBMISSION:

Questions must be submitted through the Utah State Purchasing U3P Website and are due no later than May 6, 2026, at 12:00 pm.

Submission of the bid must occur through the Utah State Purchasing U3P Website no later than 3:00pm on Thursday, May 14th, 2026. Submissions, modifications or corrections received after the closing time on due date will be considered late and will not be opened.

If only one submission is received, County will evaluate bid responses to make sure the offer meets the minimum mandatory requirements IFB requirements stated in the IFB and will determine if the cost proposal is fair and reasonable to award. Or, if time permits, resolicit submissions for the purpose of obtaining additional submissions.

Tooele County shall not be obligated to respond to any bid submitted, nor shall it be legally bound in any manner whatsoever by the receipt of a bid.

Tooele County reserves the right to extend or cancel all scheduled bid due dates. Notice of such extensions or cancellations shall be sent via addendum to this IFB.

BID EVALUATION:

Bidder that submits a bid via the instructions stated above, with the lowest cost that shows ability to complete the project on the timeline specified and provided will be awarded the project.

BID REJECTION:

Tooele County reserves the right to reject any or all bids submitted or make modifications to the scope of work, subject to appropriate negotiation. Tooele County agrees to not discriminate based on age, race, religion, sex, color, national origin, marital status, family status, source of income, sexual preference, mental or physical disability in review of the bids or execution of agreements to the work. This IFB does not constitute any form of offer to contract. Tooele County will not pay any costs incurred by the offeror in preparing or submitting the bid.

BID ACCEPTANCE:

Tooele County reserves the right to award a contract based on a submitted bid or to further negotiate with the offeror. By submission of a bid, offeror agrees to be legally bound, thereby if its bid is accepted. Contracts arising out of bids submitted hereunder (including any negotiations that follow) shall not be binding on Tooele County, its officers, employees, or agents unless and until formally approved and duly executed by the Tooele County Manager or Council.

Tooele County will award to the lowest responsible bidder that meets or exceeds the requirements outlined in the Scope of Work.

NOTIFICATION:

Due to Tooele County Policy, we have to present all responses in a County Council Meeting and get approval on the selected vendor prior to award. This process can take some time.

Following the County Council Meeting where the award is approved, all responders will receive an email notification of the results. Attendance at the County Council Meeting is permitted.

PART 1

BIDDING REQUIREMENTS

Tooele County Landfill – Water System & Maintenance Building 00 21 13-1 Project No. 05-24-0105 Instructions to Bidders Forsgren, An Apex Company

SECTION 00 21 13 1

INSTRUCTIONS TO BIDDERS 2

ARTICLE 1 – DEFINED TERMS 4

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General 5 Conditions and Supplementary Conditions. Additional terms used in these Instructions to 6 Bidders have the meanings indicated below: 7

A. Issuing Office – The office from which the Bidding Documents are to be issued.8

ARTICLE 2 – BIDDING DOCUMENTS 9

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents 10 (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It 11 is Bidder’s responsibility to determine that it is using a complete set of documents in the 12 preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations 13 resulting from the use of incomplete documents, by Bidder itself or by its prospective 14 Subcontractors and Suppliers. 15

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion 16 of the Project and permission to download or distribution of the Bidding Documents does not 17 confer a license or grant permission or authorization for any other use. Authorization to 18 download documents, or other distribution, includes the right for plan holders to print 19 documents solely for their use, and the use of their prospective Subcontractors and Suppliers, 20 provided the plan holder pays all costs associated with printing or reproduction. Printed 21 documents may not be re-sold under any circumstances. 22

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or 23 invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing 24 Office at such website and obtain a complete set of the Bidding Documents from such website. 25 Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents 26 Website are complete, unless an omission is blatant. Registered plan holders will receive 27 Addenda issued by Owner. 28

2.04 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in the 29 number and format stated in the Advertisement or invitation to bid, from the Issuing Office. 30 Bidders may rely that sets of Bidding Documents obtained from the Issuing Office are 31 complete, unless an omission is blatant. Registered plan holders will receive Addenda issued 32 by Owner. 33

2.05 Plan rooms (including construction information subscription services, and electronic and 34 virtual plan rooms) may distribute the Bidding Documents or make them available for 35 examination. Those prospective bidders that obtain an electronic (digital) copy of the Bidding 36 Documents from a plan room are encouraged to register as plan holders from the Bidding 37 Documents Website or Issuing Office. Owner is not responsible for omissions in Bidding 38 Documents or other documents obtained from plan rooms, or for a Bidder’s failure to obtain 39 Addenda from a plan room. 40

2.06 Electronic Documents 41

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding42 Documents are available, such documents will be made available to the Bidders as43 Electronic Documents in the manner specified.44

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1. Bidding Documents will be provided in PDF (Portable Document Format) form. It is1 the intent of the Engineer and Owner that such Electronic Documents are to be2 exactly representative of the paper copies of the documents. However, because the3 Owner and Engineer cannot totally control the transmission and receipt of Electronic4 Documents nor the Contractor’s means of reproduction of such documents, the5 Owner and Engineer cannot and do not guarantee that Electronic Documents and6 reproductions prepared from those versions are identical in every manner to the paper7 copies.8

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon9 complete sets of Electronic Documents of the Bidding Documents, described in10 Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences11 arising from transmission/receipt of Electronic Documents versions of Bidding12 Documents and reproductions prepared from those versions and, further, assumes all risks,13 costs, and responsibility associated with use of the Electronic Documents versions to14 derive information that is not explicitly contained in printed paper versions of the15 documents, and for Bidder’s reliance upon such derived information.16

C. After the Contract is awarded, the Owner will provide or direct the Engineer to provide17 for the use of the Contractor documents that were developed by Engineer as part of the18 Project design process, as Electronic Documents in native file formats.19

1. Electronic Documents that are available in native file format include:20

a. None21

2. Release of such documents will be solely for the convenience of the Contractor. No22 such document is a Contract Document.23

3. Unless the Contract Documents explicitly identify that such information will be24 available to the Successful Bidder (Contractor), nothing herein will create an25 obligation on the part of the Owner or Engineer to provide or create such information,26 and the Contractor is not entitled to rely on the availability of such information in the27 preparation of its Bid or pricing of the Work. In all cases, the Contractor shall take28 appropriate measures to verify that any electronic/digital information provided in29 Electronic Documents is appropriate and adequate for the Contractor’s specific30 purposes.31

4. In no case will the Contractor be entitled to additional compensation or time for32 completion due to any differences between the actual Contract Documents and any33 related document in native file format.34

ARTICLE 3 – QUALIFICATIONS OF BIDDERS 35

3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s 36 qualifications to perform the Work: 37

A. Written evidence establishing contractor’s qualifications such as financial data, previous38 experience, and present commitments.39

B. A written statement that Bidder is authorized to do business in the state where the40 Project is located, or a written certification that Bidder will obtain such authority prior to41 the Effective Date of the Contract.42

C. Bidder’s state or other contractor license number, if applicable.43

D. Subcontractor and Supplier qualification information.44

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Forsgren, An Apex Company

E. Other required information regarding qualifications. 1

3.02 A Bidder’s failure to submit required qualification information within the times indicated 2 may disqualify Bidder from receiving an award of the Contract. 3

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to 4 seek additional pertinent information regarding Bidder’s qualifications. 5

ARTICLE 4 – PRE-BID CONFERENCE 6

4.01 A non-mandatory pre-bid conference will be held at the time and location indicated in the 7 Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to 8 discuss the Project. Bidders are encouraged to attend and participate in the conference; 9 however, attendance at this conference is not required to submit a Bid. 10

4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. 11 Owner will issue Addenda to make any changes to the Contract Documents that result from 12 discussions at the pre-Bid conference. Information presented and statements made at the pre-13 bid conference will not be binding or legally effective unless incorporated in an Addendum. 14

ARTICLE 5 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION 15

OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE 16

5.01 Site and Other Areas 17

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-18 of-way, easements, and other lands furnished by Owner for the use of the Contractor.19 Any additional land(s) required for temporary construction facilities, construction20 equipment, or storage of materials and equipment, and any access needed for such21 additional lands, are to be obtained and paid for by Contractor.22

5.02 Existing Site Conditions 23

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions24

1. The Supplementary Conditions identify the following regarding existing conditions at or25 adjacent to the Site:26

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the27 Site that contain Technical Data.28

b. Those drawings known to Owner of existing physical conditions at or adjacent to the29 Site, including those drawings depicting existing surface or subsurface structures at30 or adjacent to the Site (except Underground Facilities), that contain Technical Data.31

c. Reports and drawings known to Owner relating to Hazardous Environmental32 Conditions that have been identified at or adjacent to the Site.33

d. Technical Data contained in such reports and drawings.34

2. Owner will make copies of reports and drawings referenced above available to any35 Bidder on request. These reports and drawings are not part of the Contract Documents,36 but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely,37 as provided in the General Conditions, has been identified and established in the38 Supplementary Conditions. Bidder is responsible for any interpretation or conclusion39 Bidder draws from any Technical Data or any other data, interpretations, opinions, or40 information contained in such reports or shown or indicated in such drawings.41

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3. If the Supplementary Conditions do not identify Technical Data, the default definition of 1 Technical Data set forth in Article 1 of the General Conditions will apply.2

4. Geotechnical Baseline Report/Geotechnical Data Report: The Bidding Documents may3 contain a Geotechnical Baseline Report (GBR) and Geotechnical Data Report (GDR).4

a. As set forth in the Supplementary Conditions, the GBR describes certain select5 subsurface conditions that are anticipated to be encountered by Contractor during6 construction in specified locations (“Baseline Conditions”). The GBR is a Contract7 Document.8

b. The Baseline Conditions in the GBR are intended to reduce uncertainty and the9 degree of contingency in submitted Bids. However, Bidders cannot rely solely on10 the Baseline Conditions. Bids should be based on a comprehensive approach that11 includes an independent review and analysis of the GBR, all other Contract12 Documents, Technical Data, other available information, and observable surface13 conditions. Not all potential subsurface conditions are baselined.14

c. Nothing in the GBR is intended to relieve Bidders of the responsibility to make their15 own determinations regarding construction costs, bidding strategies, and Bid prices,16 nor of the responsibility to select and be responsible for the means, methods,17 techniques, sequences, and procedures of construction, and for safety precautions18 and programs incident thereto.19

d. As set forth in the Supplementary Conditions, the GDR is a Contract Document20 containing data prepared by or for the Owner in support of the GBR.21

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings,22 pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to23 in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the24 presence or location of Underground Facilities are not intended to be categorized,25 identified, or defined as Technical Data.26

5.03 Other Site-related Documents 27

A. In addition to the documents regarding existing Site conditions referred to in Paragraph28 5.02.A, the following other documents relating to conditions at or adjacent to the Site29 are known to Owner and made available to Bidders for reference:30

1. None31

Owner will make copies of these other Site-related documents available to any Bidder 32 on request. 33

B. Owner has not verified the contents of these other Site-related documents, and Bidder34 may not rely on the accuracy of any data or information in such documents. Bidder is35 responsible for any interpretation or conclusion Bidder draws from the other Site-related36 documents.37

C. The other Site-related documents are not part of the Contract Documents.38

D. Bidders are encouraged to review the other Site-related documents, but Bidders will not39 be held accountable for any data or information in such documents. The requirement to40 review and take responsibility for documentary Site information is limited to41 information in (1) the Contract Documents and (2) the Technical Data.42

E. No other Site-related documents are available.43

5.04 Site Visit and Testing by Bidders 44

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A. Bidder is not required to visit the Site and conduct a thorough visual examination of the 1 Site and adjacent areas but is strongly suggested. During the visit the Bidder must not 2 disturb any ongoing operations at the Site. 3

B. No official site visit is scheduled.4

C. Bidders visiting the Site are required to arrange their own transportation to the Site.5

D. All access to the Site other than during a regularly scheduled Site visit must be6 coordinated through the following Owner or Engineer contact for visiting the Site: [Nick7 Patterson, PE, npatterson@forsgren.com]. Bidder must conduct the required Site visit8 during normal working hours.9

E. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of10 Site conditions.11

F. On request, and to the extent Owner has control over the Site, and schedule permitting,12 the Owner will provide Bidder general access to the Site to conduct such additional13 examinations, investigations, explorations, tests, and studies as Bidder deems necessary14 for preparing and submitting a successful Bid. Owner will not have any obligation to15 grant such access if doing so is not practical because of existing operations, security or16 safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is17 responsible for establishing access needed to reach specific selected test sites.18

G. Bidder must comply with all applicable Laws and Regulations regarding excavation and19 location of utilities, obtain all permits, and comply with all terms and conditions20 established by Owner or by property owners or other entities controlling the Site with21 respect to schedule, access, existing operations, security, liability insurance, and22 applicable safety programs.23

H. Bidder must fill all holes and clean up and restore the Site to its former condition upon24 completion of such explorations, investigations, tests, and studies.25

5.05 Owner’s Safety Program 26

A. Site visits and work at the Site may be governed by an Owner safety program. If an27 Owner safety program exists, it will be noted in the Supplementary Conditions.28

5.06 Other Work at the Site 29

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of30 the general nature of other work of which Owner is aware (if any) that is to be31 performed at the Site by Owner or others (such as utilities and other prime contractors)32 and relates to the Work contemplated by these Bidding Documents. If Owner is party to33 a written contract for such other work, then on request, Owner will provide to each34 Bidder access to examine such contracts (other than portions thereof related to price and35 other confidential matters), if any.36

ARTICLE 6 – BIDDER’S REPRESENTATIONS AND CERTIFICATIONS 37

6.01 Express Representations and Certifications in Bid Form, Agreement 38

A. The Bid Form that each Bidder will submit contains express representations regarding the39 Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and40 certifications regarding lack of collusion or fraud in connection with the Bid. Bidder41 should review these representations and certifications and assure that Bidder can make42

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Forsgren, An Apex Company the representations and certifications in good faith, before executing and submitting its 1 Bid. 2

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express3 representations and certifications when it executes the Agreement.4

ARTICLE 7 – INTERPRETATIONS AND ADDENDA 5

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the 6 Bidding Documents. 7

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to 8 Engineer in writing. Contact information and submittal procedures for such questions are as 9 follows: 10

A. Questions shall be emailed to the Project Engineer as listed in the Invitation to Bid.11

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions 12 will be issued by Addenda delivered to all registered plan holders. Questions received less than 13 three days prior to the date for opening of Bids may not be answered. 14

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or 15 clarifications will be without legal effect. Responses to questions are not part of the Contract 16 Documents unless set forth in an Addendum that expressly modifies or supplements the 17 Contract Documents. 18

ARTICLE 8 – BID SECURITY 19

8.01 A Bid MUST be accompanied by Bid security made payable to Owner in an amount of 5% 20 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) 21 and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 22 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding 23 Documents. 24

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the 25 contract to such Bidder, and such Bidder has executed the Contract, furnished the required 26 Contract security, and met the other conditions of the Notice of Award, whereupon the Bid 27 security will be released. If the Successful Bidder fails to execute and deliver the Contract and 28 furnish the required Contract security within 15 days after the Notice of Award, Owner may 29 consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder 30 will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s 31 damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive 32 remedy if Bidder defaults. 33

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving 34 the award may be retained by Owner until the earlier of 7 days after the Effective Date of the 35 Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders 36 will be released. 37

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving 38 the award will be released within 7 days after the Bid opening. 39

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ARTICLE 9 – CONTRACT TIMES 1

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially 2 completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are 3 set forth in the Agreement. 4

9.02 Bidder must set forth in the Bid the time by which Bidder must achieve Substantial Completion, 5 subject to the restrictions established in Paragraph 13.07 of these Instructions. The Owner will 6 take Bidder’s time commitment regarding Substantial Completion into consideration during 7 the evaluation of Bids, and it will be necessary for the apparent Successful Bidder to satisfy 8 Owner that it will be able to achieve Substantial Completion within the time such Bidder has 9 designated in the Bid. The Successful Bidder’s time commitments will be entered into the 10 Agreement or incorporated in the Agreement by reference to the specific terms of the Bid. 11

9.03 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial 12 Completion, or completion of the Work in readiness for final payment, are set forth in the 13 Agreement. 14

ARTICLE 10 – SUBSTITUTE AND “OR EQUAL” ITEMS 15

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment 16 specified or described in the Bidding Documents without consideration during the bidding and 17 Contract award process of possible substitute or “or-equal” items. In cases in which the 18 Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-19 equal” item of material or equipment, application for such acceptance may not be made to and 20 will not be considered by Engineer until after the Effective Date of the Contract. 21

10.02 The Contract for the Work, as awarded, will be on the basis of materials and equipment 22 specified or described in the Bidding Documents, and those “or-equal” or substitute or 23 materials and equipment subsequently approved by Engineer prior to the submittal of Bids and 24 identified by Addendum. No item of material or equipment will be considered by Engineer as 25 an “or-equal” or substitute unless written request for approval has been submitted by Bidder 26 and has been received by Engineer within 10 days of the issuance of the Advertisement for 27 Bids or invitation to Bidders. Each such request must comply with the requirements of 28 Paragraphs 7.05 and 7.06 of the General Conditions, and the review of the request will be 29 governed by the principles in those paragraphs. The burden of proof of the merit of the proposed 30 item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be 31 final. If Engineer approves any such proposed item, such approval will be set forth in an 32 Addendum issued to all registered Bidders. Bidders cannot rely upon approvals made in any 33 other manner. 34

10.03 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor 35 will furnish the materials and equipment specified or described in the Bidding Documents, as 36 supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals 37 of “or-equal” or substitution requests are made at Bidder’s sole risk. 38

ARTICLE 11 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS 39

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance 40 of the Work if required to do so by the Bidding Documents or in the Specifications. If a 41 prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is 42 not relieved by an Addendum, then the prospective Bidder should refrain from submitting a 43 Bid. 44

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11.02 The apparent Successful Bidder, and any other Bidder requested, must submit to Owner a list 1 of the Subcontractors or Suppliers proposed for certain portions of the Work as described in 2 Section 00 41 15. 3

11.03 If requested by Owner, such list must be accompanied by an experience statement with 4 pertinent information regarding similar projects and other evidence of qualification for each 5 such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable 6 objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award 7 is given, request apparent Successful Bidder to submit an acceptable substitute, in which case 8 apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or 9 decreased) by the difference in cost occasioned by such substitution, and Owner may consider 10 such price adjustment in evaluating Bids and making the Contract award. 11

11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the 12 Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and 13 Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of 14 the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which 15 Owner or Engineer makes no written objection prior to the giving of the Notice of Award will 16 be deemed acceptable to Owner and Engineer subject to subsequent revocation of such 17 acceptance as provided in Paragraph 7.07 of the General Conditions. 18

ARTICLE 12 – PREPARATION OF BID 19

12.01 The Bid Form is included with the Bidding Documents. 20

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink.21 Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid22 price must be indicated for each section, Bid item, alternate, adjustment unit price item,23 and unit price item listed therein.24

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is25 optional, and Bidder elects to not furnish pricing for such optional alternate item, then26 Bidder may enter the words “No Bid” or “Not Applicable.”27

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall 28 prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version 29 of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed 30 on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document 31 version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms 32 which nominally vary in appearance from the original paper version of the Bid Form, providing 33 that all required information and submittals are included with the Bid. 34

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose 35 title must appear under the signature), accompanied by evidence of authority to sign. The 36 corporate address and state of incorporation must be shown. 37

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose 38 title must appear under the signature), accompanied by evidence of authority to sign. The 39 official address of the partnership must be shown. 40

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or 41 other authorized person and accompanied by evidence of authority to sign. The state of 42 formation of the firm and the official address of the firm must be shown. 43

12.06 A Bid by an individual must show the Bidder’s name and official address. 44

Tooele County Landfill – Water System & Maintenance Building 00 21 13-9

Forsgren, An Apex Company

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer 1 in the manner indicated on the Bid Form. The joint venture must have been formally established 2 prior to submittal of a Bid, and the official address of the joint venture must be shown. 3

12.08 All names must be printed in ink below the signatures. 4

12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which 5 must be filled in on the Bid Form. 6

12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must 7 be shown. 8

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the 9 Project is located, or Bidder must certify in writing that it will obtain such authority within the 10 time for acceptance of Bids and attach such certification to the Bid. 11

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the 12 Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify 13 in writing that it will obtain such licensure within the time for acceptance of Bids and attach 14 such certification to the Bid. Bidder’s state contractor license number, if any, must also be 15 shown on the Bid Form. 16

ARTICLE 13 – BASIS OF BID 17

13.01 Lump Sum – Bidders must submit a Bid on a lump sum basis as set forth in the Bid Form. 18

13.02 Base Bid with Alternates - NOT USED 19

13.03 Sectional Bids - NOT USED 20

13.04 Cost-Plus-Fee Bids - NOT USED 21

13.05 Unit Price – NOT USED 22

13.06 Allowances – NOT USED 23

13.07 Price-Plus-Time Bids - NOT USED 24

ARTICLE 14 – SUBMITTAL OF BID 25

14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, 26 the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with 27 the Bid security and the other documents required to be submitted under the terms of Article 2 28 of the Bid Form. 29

14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in 30 the Advertisement or invitation to bid and must be plainly marked with the Project title. 31

14.03 Bids received after the date and time prescribed for the opening of bids or not submitted at the 32 correct location or in the designated manner, will not be accepted and will be returned to the 33 Bidder unopened. 34

ARTICLE 15 – MODIFICATION AND WITHDRAWAL OF BID 35

15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same 36 manner that a Bid must be executed and delivered to the place where Bids are to be submitted 37 prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened 38 Bid will be returned to the Bidder. 39

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Forsgren, An Apex Company

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid 1 in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for 2 the opening of Bids. 3

15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with 4 Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there 5 was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw 6 its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will 7 be disqualified from further bidding on the Work. 8

ARTICLE 16 – OPENING OF BIDS 9

16.01 Bids will be opened electronically at the time and place indicated in the advertisement. An 10 abstract of the amounts of the base Bids and major alternates, if any, will be made available to 11 Bidders on the U3P procurement portal. 12

ARTICLE 17 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE 13

17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but 14 Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end 15 of this period. 16

ARTICLE 18 – EVALUATION OF BIDS AND AWARD OF CONTRACT 17

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, 18 nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all 19 minor Bid informalities not involving price, time, or changes in the Work. 20

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and 21 evaluation, to not be responsible. 22

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the 23 Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes 24 of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then 25 Owner will reject the Bid as nonresponsive. 26

18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder 27 submitting the lowest responsive Bid 28

18.05 Evaluation of Bids 29

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed30 requirements, and such alternates, unit prices, and other data, as may be requested in the31 Bid Form or prior to the Notice of Award.32

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed33 in the Bid Form. To determine the Bid prices for purposes of comparison, Owner will34 announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but35 prior to opening them. For comparison purposes alternates will be accepted, following the36 order of priority established in the Bid Form, until doing so would cause the budget to be37 exceeded. After determination of the Successful Bidder based on this comparative process38 and on the responsiveness, responsibility, and other factors set forth in these Instructions,39 the award may be made to said Successful Bidder on its base Bid and any combination of40 its additive alternate Bids for which Owner determines funds will be available at the time41 of award.42

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Forsgren, An Apex Company

18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the 1 Bidder and may consider the qualifications and experience of Subcontractors and Suppliers 2 proposed for those portions of the Work for which the identity of Subcontractors and Suppliers 3 must be submitted as provided in the Bidding Documents. 4

18.07 Owner may conduct such investigations as Owner deems necessary to establish the 5 responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors 6 or Suppliers. 7

ARTICLE 19 – BONDS AND INSURANCE 8

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets 9 forth Owner’s requirements as to performance and payment bonds, other required bonds (if 10 any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, 11 it must be accompanied by required bonds and insurance documentation. 12

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid 13 bonds as part of the bidding process. 14

ARTICLE 20 – SIGNING OF AGREEMENT 15

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the 16 unexecuted counterparts of the Agreement along with the other Contract Documents as 17 identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and 18 deliver the required number of counterparts of the Agreement and any bonds and insurance 19 documentation required to be delivered by the Contract Documents to Owner. Within 10 days 20 thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful 21 Bidder, together with printed and electronic copies of the Contract Documents as stated in 22 Paragraph 2.02 of the General Conditions. 23

ARTICLE 21 – SALES AND USE TAXES 24

21.01 State and local taxes, excises, and license fees, as required by the laws and statutes of the state 25 and its political subdivisions, shall be paid by the Contractor. Prices quoted in the Bid Forms 26 shall include sales and use taxes, unless provisions are made in the Bid Forms to separately 27 itemize taxes. 28

ARTICLE 22 – CONTRACTS TO BE ASSIGNED 29

22.01 NOT USED 30

END OF SECTION 33

Tooele County Landfill – Water System & Maintenance Building 00 41 00-1 Project No. 05-24-0105 Bid Form Forsgren, An Apex Company

SECTION 00 41 00 1

BID FORM 2

Copyright © 2018 (EJCDC® C-410) by the National Society of Professional Engineers, American 4 Society of Civil Engineers, and American Council of Engineering Companies. All rights reserved. 5

ARTICLE 1 – BID RECIPIENT 7

1.01 This Bid is submitted to: 8

Tooele County 9 47 South Main Street 10 Tooele, UT 84074 11

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement 12 with Owner in the form included in the Bidding Documents to perform all Work as specified 13 or indicated in the Bidding Documents for the prices and within the times indicated in this Bid 14 and in accordance with the other terms and conditions of the Bidding Documents. 15

ARTICLE 2 – ATTACHMENTS TO THIS BID 16

2.01 The following documents are submitted with and made a condition of this Bid: 17

A. Required Bid Security.18

B. List of Proposed Subcontractors.19

C. List of Proposed Suppliers.20

D. Evidence of authority to do business in the state of the Project; or a written covenant to21 obtain such authority within the time for acceptance of Bids.22

E. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a23 covenant by Bidder to obtain said license within the time for acceptance of Bids.24

F. Required Bidder Qualification Statement with supporting data.25

G. NOT USED26

ARTICLE 3 – BASIS OF BID – LUMP SUM AND UNIT PRICES 27

3.01 Lump Sum Bids 28

A. Bidder will complete the Work in accordance with the Contract Documents for the29 following lump sum (stipulated) price(s), together with any Unit Prices indicated in30 Paragraph 3.02:31

1. Lump Sum Price (Single Lump Sum)32

Lump Sum Bid Price $

3.02 Unit Price Bids – NOT USED 34

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Forsgren, An Apex Company

3.03 Total Bid Price (Lump Sum and Unit Prices) – NOT USED 1

ARTICLE 4 – NOT USED 2

ARTICLE 5 – NOT USED 3

ARTICLE 6 – TIME OF COMPLETION 4

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready 5 for final payment in accordance with Paragraph 15.06 of the General Conditions on or before 6 the dates or within the number of calendar days indicated in the Agreement. 7

6.02 NOT USED 8

6.03 Bidder agrees that the Work will be substantially complete within 150 calendar days after the 9 date when the Contract Times commence to run as provided in Paragraph 4.01 of the General 10 Conditions and will be completed and ready for final payment in accordance with 11 Paragraph 15.06 of the General Conditions within 180 calendar days after the date when the 12 Contract Times commence to run. 13

6.04 Bidder accepts the provisions of the Agreement as to liquidated damages. 14

ARTICLE 7 – BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, 15

INSTRUCTIONS, AND RECEIPT OF ADDENDA 16

7.01 Bid Acceptance Period 17

A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such18 longer period of time that Bidder may agree to in writing upon request of Owner.19

7.02 Instructions to Bidders 20

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including21 without limitation those dealing with the disposition of Bid security.22

7.03 Receipt of Addenda 23

A. Bidder hereby acknowledges receipt of the following Addenda:24

Addendum Number Addendum Date

ARTICLE 8 – BIDDER’S REPRESENTATIONS AND CERTIFICATIONS 25

8.01 Bidder’s Representations 26

A. In submitting this Bid, Bidder represents the following:27

1. Bidder has examined and carefully studied the Bidding Documents, including28 Addenda.29

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Forsgren, An Apex Company

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and1 adjacent areas, and become familiar with the general, local, and Site conditions that2 may affect cost, progress, and performance of the Work.3

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and4 performance of the Work.5

4. Bidder has carefully studied the reports of explorations and tests of subsurface6 conditions at or adjacent to the Site and the drawings of physical conditions relating7 to existing surface or subsurface structures at the Site that have been identified in the8 Supplementary Conditions, with respect to the Technical Data in such reports and9 drawings.10

5. Bidder has carefully studied the reports and drawings relating to Hazardous11 Environmental Conditions, if any, at or adjacent to the Site that have been identified12 in the Supplementary Conditions, with respect to Technical Data in such reports and13 drawings.14

6.