3-Bid Docs Upper Evergreen.docx

BIDDING REQUIREMENTS, CONTRACT DOCUMENTS

AND SPECIFICATIONS

FOR

Mountain Regional Water Special Service District

Upper Evergreen Drive Water Line Replacement Project

BID ISSUE

October 2026

PREPARED BY:

SALT LAKE CITY, UT 84109

CONTENTS

PART 1 BIDDING REQUIREMENTS

Invitation to Bid Instructions to Bidders Bid Form

PART 2 CONTRACT FORMS

Bid Bond Agreement Form Performance Bond Payment Bond Notice of Award Notice to Proceed Application for Payment Change Order Certificate of Substantial Completion Certificate of Final Completion

PART 3 CONDITIONS OF THE CONTRACT

General Conditions Supplemental Conditions

PART 4 SPECIFICATIONS

MRWSSD Construction Standards & Specifications, and Drawings (by reference) Summit County Requirements, Standards and Specifications (by reference)

PART 5 DRAWINGS (bound separately)

END OF SECTION

PART 1

BIDDING REQUIREMENTS

INVITATION TO BID

Sealed Bids for construction of the Upper Evergreen Water Line Replacement Project shall be addressed to Mountain Regional Water Special Service District (MRWSSD) and will be received via email or at the MRWSSD offices, Park City, Utah, (OWNER), until 3:00 p.m. November 5, 2026. Any Bids received after the specified time will not be considered. Bids will then be publicly opened.

The Project contemplated includes:

· 2,325 LF of 8” Water Line Replacement

· Associated service laterals and fire hydrants

· Temporary water service connections

· Connections to existing water lines

· Miscellaneous appurtenances

The Work will be substantially completed and approved by OWNER in all respects by September 15, 2027. The Work shall be completed and approved by OWNER in all respects by October 15, 2027.

Bidding Documents will be available on October 16, 2026 from the Utah Public Procurement website. Access information will be provided to bidders.

A MANDATORY prebid conference will be held at 2:00 p.m. October 26, 2026 on-site. Representatives of OWNER and ENGINEER will be present to discuss the Project.

The last day for Bidders to ask questions will be October 28, 2026. The final day for responses to Bidder questions and/or issuing addendums will be November 2, 2026.

Each Bid must be submitted on the prescribed Bid Form and accompanied by Bid security as prescribed in the Instructions to Bidders, payable to the OWNER in an amount not less than 5 percent of the amount Bid. The Successful Bidder will be required to furnish the additional Bond(s) prescribed in the Bidding Documents.

Prior to entering an Agreement to perform the work, the Successful Bidder and Subcontractors shall hold or obtain such licenses as required by State Statutes, and federal and local Laws and Regulations. For information concerning the proposed Work, contact Sam Grenlie (435) 940-1916 or Peter Duberow (801) 243-9620.

Selection will be based on Low BID provided that the BID is complete and the OWNER’s review of, and due diligence regarding, supporting information is satisfactory. OWNER’s right is reserved to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents.

October 2026

1. DEFINED TERMS.

Terms used in these Instructions to Bidders have the meanings assigned to them in the General Conditions.

Certain additional terms used in the Bidding Documents have the meanings indicated below which are applicable to both the singular and plural thereof.

1.1 OWNER: MRWSSD located at 5739 Paintbrush Road, Park City, UT 84098. Project representative: Sam Grenlie

1.2. ENGINEER: EDM Partners located at 2815 East 3300 South, Salt Lake City, UT 84109. Project Manager: Peter Duberow

1.3. Bidder: one who submits a Bid to OWNER; as distinct from a sub-bidder, who submits a Bid to a Bidder.

1.4. Apparent Low Bidder: that Bidder whose Bids as offered in the Bid Form represents the lowest total as determined by the Base Bid.

1.5. Base Bid: Bid for the Lump Sum Work.

1.6. Successful Bidder: lowest, responsible and responsive Bidder to whom OWNER (on the basis of OWNER’s evaluation as hereinafter provided) makes an award.

2. BIDDING DOCUMENTS.

2.1 Complete sets of Bidding Documents must be used in preparing Bids. Neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from use of incomplete sets of Bidding Documents.

2.2 The Drawings bound in the Bidding Document are electronic reproductions of the original drawings. Drawings will only be made available to firms on the Bidding Document Holders List having complete sets of Bidding Documents.

2.3 Bidding Documents made available on the above terms are only for the purpose of obtaining Bids for the Work and shall not be used for any other purpose.

3. QUALIFICATIONS OF BIDDERS.

3.1.2 Three references from similar projects - Include Contact Name, Phone, Project Name, Brief Project Description.

3.1.3 A list of the Bidder’s present commitments.

4. ADDITIONAL QUALIFICATIONS

4.1 Prior to the Project award, OWNER reserves the right to seek additional pertinent information from a qualified bidder as may be required to ensure bidders ability to successfully complete work.

5. WORK ELIGIBILITY STATUS OF EMPLOYEES (CERTIFICATION OF COMPLIANCE WITH E-VERIFY PROGRAM OR EQUIVALENT)

5.1 CONTRACTOR represents and warrants to OWNER that CONTRACTOR and any and all contractors and subcontractors who work under CONTRACTOR in performing the Work are, and at all times during the performance of the Work will be, in full compliance with the requirements of Utah Code Ann. Section 63G-12-302(3) (including amendments and substitutions to the law), and of any other applicable law, relative to the verification of the work eligibility status of employees, and in particular, that CONTRACTOR is registered with and participates in a Status Verification System (as defined in Utah Code Ann. Section 63G-12-102(21)) as required by law and will require all contractors and subcontractors performing any of the Work to certify to CONTRACTOR by affidavit that the contractor or subcontractor has verified through a Status Verification System the employment status of each new employee of the said contractor or subcontractor.

6. PREBID CONFERENCE.

6.1 A MANDATORY prebid conference will be held at the time, date, and location noted in the Invitation to Bid. Representatives of OWNER and ENGINEER will be present to discuss the Project. OWNER will transmit to prospective Bidders of record such Addenda as OWNER considers necessary in response to questions arising during the conference. Oral statements may not be relied upon and will not be binding or legally effective.

7. EXAMINATION OF CONTRACT DOCUMENTS AND SITE.

7.1 It is each Bidder’s responsibility, before submitting a Bid, to:

7.1.1 Examine thoroughly the Bidding Documents and other related data identified in the Bidding Documents (including technical data referred to below).

7.1.2 Inspect the site to become familiar with and satisfy Bidder as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work.

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

7.1.4 Study and carefully correlate Bidder’s knowledge and observations with the Bidding Documents and such other related data.

October 2026

7.2 Reference is made to the General Conditions for identification of:

7.2.1 Those reports, if any, of explorations and tests of subsurface conditions at the site which have been utilized by ENGINEER in preparation of the Bidding Documents.

7.2.2 Those drawings, if any, of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site which have been utilized by ENGINEER in preparation of the Bidding Documents.

7.2.3 Copies of such reports and drawings that are not included with the Bidding Documents may be examined at office of ENGINEER during regular business hours.

7.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in the General Conditions.

7.4. Before submitting a Bid, each Bidder will be responsible to make or obtain such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise and which may affect cost, progress, performance, or furnishings of the Work and which Bidder deems necessary to determine its Bid.

7.5. On request, OWNER will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations, investigations, tests, and studies.

7.6. Reference is made to the Drawings for identification of the general nature of work (if any) that is to be performed at the site by OWNER or others and that relates to Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder, for examination, access to or copies of contract documents (other than portions thereof related to price) for such work by others.

7.7. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this article; that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Bidding Documents; that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder; and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work and for preparing the Bid.

8. INTERPRETATIONS AND ADDENDA.

8.1. All questions about the meaning or intent of the Bidding Documents are to be directed to ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the office issuing documents as having received the Bidding Documents. Questions received less than 5 calendar days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

8.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER.

8.3 Each Addendum shall be acknowledged in the Bid Form, Paragraph 6 and/or a copy of the Addendum shall be submitted along with the Bid Form. Bidder failing to comply shall be considered non-responsive.

9. BID SECURITY.

9.1. Each Bid must be accompanied by Bid security made payable to OWNER in an amount of 5 percent of Bidder’s maximum Bid price and in the form of a certified or cashier’s check or a Bid Bond on form attached, issued by a surety meeting the requirements of Article 22 of the General Conditions.

9.2. The Bid security of Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required Performance and Payment Bond(s), certificates of insurance, and met the other conditions of the Bidding Documents. If the Successful Bidder fails to sign and deliver the Agreement and furnish the required Bond(s) and certificates of insurance within the time period specified in Article EXECUTION OF AGREEMENT, OWNER may annul the award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earliest of the 10th day after the execution of the Agreement by the Successful Bidder or the rejection of all Bids by the OWNER. Bid security submitted with Bids which are not competitive will be returned within 7 days after the Bid opening.

10. CONTRACT TIMES.

10.1. Contract Times are set forth in the Agreement.

11. LIQUIDATED DAMAGES.

11.1. Provisions for liquidated damages are set forth in the Agreement.

12. SUBSTITUTE AND OR-EQUAL ITEMS.

12.1 The contract, if awarded, will be on the basis of materials and equipment called for on the Drawings or specified in the Specifications without consideration of possible substitute or or-equal items. Whenever it is shown on the Drawings or specified in the Specifications that a substitute or or-equal item of material or equipment may be furnished or used by CONTRACTOR, if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement except as may be specified by way of Addendum for major equipment items. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Section 8 of the General Conditions and may be supplemented in Division 1, GENERAL REQUIREMENTS.

13. SUBCONTRACTORS, SUPPLIERS, AND OTHERS.

13.1. Any Bidder so requested, shall, within 3 business days after Bid opening, submit to OWNER the identity of all such Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work and/or Material Supply that bidder has incorporated into bid that are not specifically called for in the Bid Form, Paragraph 7. In addition, if so requested, Apparent Successful Bidder shall submit within 3 business days after the Bid opening an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person, or organization.

13.2 If Successful Bidder declines to make a substitution of Subcontractor, Supplier, person, or organization acceptable to OWNER, as required, OWNER may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person, or organization listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement.

14 BID FORM.

14.1 The Bid Form and other attachments are included with the Bidding Documents. No substitution of forms will be allowed.

14.2. All blanks on the Bid Form must be completed by typing or printing with blue or black ink. All price information shall be shown in both words and figures where required. No changes shall be made in the phraseology of the forms.

14.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown above the signature.

14.4. Bids by partnerships must be executed in partnership name and signed by a partner, whose title must appear on the line below the signature.

14.5. All names must be typed or printed on the line with the signature.

14.6. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

14.7. The address and telephone number for communications regarding the Bid must be shown.

15. SUBMISSION OF BIDS.

15.1. Bid Form and attachments may be photocopied for submission of Bids.

15.2. Submit Bids not later than the time prescribed, at the place, and in the manner set forth in the Invitation to Bid. Enclose Bids in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation BID ENCLOSED on the face of it. Bids must be made on the prescribed Bid Form provided and submitted with the attachments listed below.

15.3. Bidders shall complete and submit the following attachments with its Bid:

15.4. Only one Bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the OWNER that any Bidder is interested in more than one Bid for Work contemplated, all Bids in which such Bidder is interested will be rejected.

16. MODIFICATION AND WITHDRAWAL OF BIDS.

16.1. Bids may be modified or withdrawn by an appropriate document duly executed (in the same manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

16.2. If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further consideration on the Work to be provided under the Contract Documents.

17. OPENING OF BIDS.

17.1. Bids will be opened and read publicly. A summary of the amounts of the Base Bids will be made available to Bidders within 7 days after the date of Bid opening.

18. BIDS TO REMAIN SUBJECT TO ACCEPTANCE.

18.1. All Bids will remain subject to acceptance for 60 days after the date of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to that date.

19. BASIS OF AWARD; AWARD OF CONTRACT.

19.1. If the Contract is to be awarded, OWNER will give Successful Bidder a Notice of Award within 30 days after the day of the Bid opening.

19.2. OWNER hereby pronounces that any and all bids that are determined to be nonconforming, nonresponsive, unbalanced or conditional shall be rejected. OWNER also reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria set forth in the Contract Documents or that is otherwise established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work. Discrepancies in the quantity multiplied by unit price and the extended total amount will be resolved in favor of the quantity multiplied by unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

19.3. In evaluating Bids, OWNER will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. OWNER shall have the right to accept alternates in any order or combination unless otherwise provided in the Bidding Documents.

19.4. OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work for which the identity was required. OWNER also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data are required to be submitted prior to the Notice of Award.

19.5. OWNER may conduct such investigations as OWNER deems necessary to assist in Bid evaluation and to establish responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to execute Work in accordance with the Bidding Documents to OWNER’s satisfaction within the prescribed time.

19.6. If the contract is to be awarded, it will be awarded to lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the OWNER.

19.7. In the event of failure of the Successful Bidder to sign the Agreement and provide an acceptable Performance and Payment Bond(s), insurance certificate(s), and other required documents, the OWNER may award the contract to the next lowest responsive, responsible Bidder.

20. EXECUTION OF AGREEMENT.

20.1. When OWNER gives a Notice of Award to Successful Bidder, it will be accompanied by unsigned copies of the Agreement and other appropriate documents. Within 7 days thereafter, CONTRACTOR shall sign and deliver the copies of the Agreement and attached documents to OWNER with the required Bonds and insurance certificate(s). Within 10 days thereafter, OWNER shall deliver a fully executed copy to CONTRACTOR.

21. RETAINAGE.

21.1. Provisions concerning retainage and CONTRACTOR’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

END OF SECTION

NOTE TO BIDDER: Use typewriter or Blue or Black ink for completing this Bid Form.

BID FORM

To: Mountain Regional Water Special Service District

Project Identification: Upper Evergreen Water Line Replacement Project

1. BIDDER’S DECLARATION AND UNDERSTANDING.

1.1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm, or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

1.2. In submitting this Bid, Bidder acknowledges and accepts CONTRACTOR’s representations as more fully set forth in the Agreement Form.

1.3. In submitting this Bid, Bidder certifies Bidder is qualified to do business in the State of Utah as required by laws, rules, and regulations or, if allowed by statute, covenants to obtain such qualification prior to contract award.

1.4. The Bidder understands and agrees that if a contract is awarded, the OWNER may (if work involves multiple schedules) elect to award all schedules under one contract, separately, or in any combination that best serves the interests of the OWNER.

2. CONTRACT EXECUTION AND BONDS.

2.1. The undersigned Bidder agrees, if this Bid is accepted, to enter into an Agreement with OWNER on the form included in the Bidding Documents to perform and furnish Work as specified or indicated in the Bidding Documents for the Contract Price derived from the Bid and within the Contract Times indicated in the Agreement and in accordance with the other terms and conditions of the Bidding Documents.

October 2026

3. INSURANCE

3.1. Bidder further agrees that the Bid amount(s) stated herein includes specific consideration for the specified insurance coverages.

4. CONTRACT TIMES.

5. LIQUIDATED DAMAGES

5.1. Bidder accepts the provision in the Agreement Form as to liquidated damages.

6. ADDENDA.

6.1. Bidder hereby acknowledges that it has received Addenda Numbers:

(Bidder shall insert number of each Addendum received) and agrees that Addenda issued are hereby made part of the Bidding Documents, and Bidder further agrees that this Bid includes impacts resulting from said Addenda.

7. SUBCONTRACTORS AND SUPPLIERS.

7.1. Bidder further proposes, in the event Bidder is awarded the Contract, that the following firms or businesses will be awarded subcontracts or be used as material suppliers:

7.1.1. (describe)

Name

Street

City

State

Zip

7.1.2. (describe)

7.1.3. (describe)

8. SALES AND USE TAXES.

8.1. The Bidder agrees that all sales and use taxes are included in the stated Bid prices for the Work.

9. BASE BID FOR SCHEDULES:

9.1. Bidder will complete the Work in accordance with the Construction Drawings for the following price(s):

All overhead, profit, mobilization, insurance, bonding, taxes, etc., shall be included in the total price.

9.2 Bid Schedule: see following page.

9.3 The Contractor must complete all bid items to be considered responsive.

9.4 The Owner reserves the right to award the job based upon the total of any combination of or all bid items listed above in the bid schedule based upon budgetary constraints set forth for this project.

9.5 Bids will be evaluated using items the Owner has selected for Award.

9.6 Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all bid items will be based on actual quantities, determined as provided in the contract documents.

9.7 Refer to the Project Construction Drawings for information on the individual bid items provided in the schedule.

The Total Sum of the Work per Bid Schedule in Section 9.2 is:

Dollars

(Words) and

Cents

(Words)

(Figures)

10. SURETY.

10.1. If Bidder is awarded a construction contract from this Bid, the surety who provides the Performance and Payment Bond(s) shall be:

_______________________________________________________Whose address is Street City State Zip

11. BIDDER.

An Individual

By (Individual’s name and signature)

A Partnership

(Partnership name)

(Name and signature of general partner)

(Title)

A Corporation

(Corporation name)

(State of incorporation)

By (Name and signature of person authorized to sign)

(Title)

(Corporate Seal)

A Joint Venture

(Business name)

State of incorporation

(Name and signature of person authorized to sign)

By

(Each joint venturer must sign. The manner of signing each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Name, Phone Number, and Address for receipt of official communications and for additional information on this Bid.

SUBMITTED ON , 20

October 2026

BID FORM

CERTIFICATION OF COMPLIANCE

WITH E-VERIFY PROGRAM OR EQUIVALENT

This is to certify that __________________________________________ (“Contractor”) covenants, represents and warrants to MRWSSD (“Owner”) that Contractor and the contractors and subcontractors who work under Contractor are and at all times during the performance of any contract with the Owner will be in full compliance with the requirements of Utah Code Ann. § 63G-12-302(3) (including amendments and substitutions to the law) relative to the verification of the work eligibility status of employees and, in particular, that Contractor is registered and participates in a Status Verification system as required by law.

Dated this ____ day of ________________________, 20 .

Name of Contractor

By:

Title:

Printed Name:

4822-1148-8813, v. 1

Mountain Region Water Special Service District Drug & Alcohol Testing Requirements

Please demonstrate with a Safety Manual or other Personnel Policies the following:

1. Contractor has and will maintain a drug and alcohol testing policy during the contract period that applies to the covered individuals hired by the contractor.

2. Contractor posts in one or more conspicuous places notice to covered individuals hired by the contractor that the contractor has a drug and alcohol testing policy.

3. Subjects the covered individuals to random testing if at any time during the contract period there are 10 or more individuals who are covered individuals hired by the contractor.

4. A subcontractor hired by the contractor will also be subject to items 1-3 above.

Definition of a "covered individual" is as follows:

a. On behalf of a contractor or subcontractor provides services directly related to design or construction under a construction contract; and

b. Is in a safety sensitive position, including a design position that has responsibilities that directly affect the safety of an improvement to real property that is the subject of a construction contract.

Contractor’s Signature: ___________________________, Date:_____________

Print name here: __________________________________________________

Title: ____________________________________________________________

PART 2

CONTRACT FORMS

BID BOND

BOND NO.

KNOW ALL MEN BY THESE PRESENTS, that hereinafter called the PRINCIPAL, and a corporation duly organized under the laws of the State of having its principal place of business at In the State of Utah, as SURETY, are held and firmly bound unto as OWNER, hereinafter called the OBLIGEE, in the sum of

DOLLARS ($ )

for the payment for which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS BOND IS SUCH THAT:

WHEREAS, the PRINCIPAL is herewith submitting his or its Bid for said Bid, by reference thereto, being hereby made a part thereof.

NOW, THEREFORE, if the Bid Proposal submitted by the PRINCIPAL is accepted, and the Contract awarded to the PRINCIPAL, and if the PRINCIPAL shall execute the proposed Contract and shall furnish such Performance and Payment Bonds as required by the Contract

Documents within the time fixed by the Documents, then this obligation shall be void; if the PRINCIPAL shall fail to execute the proposed Contract and furnish the bonds, the SURETY hereby agrees to pay to the OBLIGEE the said sum as liquidated damages.

Signed and sealed this Day of , 20 .

PRINCIPAL

By

SURETY

Attorney-In-Fact

October 2026

BID BOND

AGREEMENT FORM

THIS AGREEMENT is dated as of the ________day of _______in the year ______ by and between Mountain Regional Water Special Service District (hereinafter called OWNER) and (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1. WORK.

CONTRACTOR shall complete the WORK as specified, designed and/or indicated under the Bid Schedule(s) of the OWNER's Contract Documents entitled “Upper Evergreen Water Line Replacement Project” prepared by EDM Partners, as approved by MRWSSD. The WORK is generally described as follows:

· 2,325 LF of 8” Water Line Replacement

· Associated service laterals and fire hydrants

· Temporary water service connections

· Connections to existing water lines

· Miscellaneous appurtenances

ARTICLE 2. CONTRACT TIME.

The WORK must be performed and completed in accordance with the following dates:

ARTICLE 3. LIQUIDATED DAMAGES.

OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and the CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER $1,000.00 each day that expires after the time specified in Article 2 herein.

ARTICLE 4. CONTRACT PRICE.

OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in current funds in the amounts set forth in the Contractor Bid Schedule and as noted in the OWNERS Contract Bid Schedule as noted in Exhibit A.

ARTICLE 5. RETAINAGE.

Prior to Final Completion, OWNER shall retain from progress payments 5 percent of the value of Work completed; OWNER shall retain 20 percent of the value of stored materials and equipment. Retainage will not be released until the District has accepted the facilities and the work is in warranty.

ARTICLE 6. PAYMENT PROCEDURES.

CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by OWNER and/or ENGINEER as provided in the General Conditions.

ARTICLE 7. CONTRACT DOCUMENTS.

The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement and the following attachments to this Agreement:

a. Bid Schedule prepared by THE CONTRACTOR, and design defined in Article 1.

There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in the General Conditions.

ARTICLE 8. MISCELLANEOUS.

Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions.

No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written.

MRWSSD October 2026

Upper Evergreen Water Line Replacement Project AGREEMENT FORM

OWNER: Mountain Regional Water Special Service District

By________________________________

Its________________________________

Address for giving notices:

5739 Paintbrush Road Park City, UT 84098

CONTRACTOR:

By______________________________

Its_______________________________

Address for giving notices:

Utah Contractors License No._________________________

PERFORMANCE BOND

(Title 63G, Chapter 6a, U.C.A. 1953, as Amended)

KNOW ALL MEN BY THESE PRESENTS:

That hereinafter referred to as the "Principal," and , a corporation organized and existing under the laws of the State of , with its principal office in the City of and authorized to transact business in this State and U.S. Department of the Treasury Listed (Circular 570, Companies Holding Certificates of Authority as Acceptable Securities on Federal Bonds and as Acceptable Reinsuring Companies); hereinafter referred to as the "Surety," are held and firmly bound unto MRWSSD, hereinafter referred to as the "Oblige," in the amount of $ for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written Contract with the Oblige, dated the day of , 20 , to construct in the County of State of Utah, for the approximate sum of $ , which Contract is hereby incorporated by reference herein.

NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform the Contract in accordance with the Contract Documents including, but not limited to, the Plans, Specifications and conditions thereof, the one year performance warranty, and the terms of the Contract as said Contract may be subject to modifications or changes, then this obligation shall be void; otherwise it shall remain in full force and effect.

No right of action shall accrue on this bond to or for the use of any person or corporation other than MRWSSD or the heirs, executors, administrators or successors of said entity.

The parties agree that the dispute provisions provided in the Contract Documents apply and shall constitute the sole dispute procedures of the parties.

PROVIDED, HOWEVER, that this bond is executed pursuant to the Provisions of Title 63G, Chapter 6a, Utah Code Annotated, 1953, as amended, and all liabilities on this Bond shall be determined in accordance with said provisions to the same extent as if it were copied at length herein.

(Affix Corporate Seal)

By:

Title:

WITNESS: SURETY:

By:

Attorney-in-Fact (Affix Corporate Seal)

Subscribed and sworn to before me this day of 20 .

My commission expires:

September 2024

(Title 63G, Chapter 6a, U.C.A. 1953, as Amended) KNOW ALL MEN BY THESE PRESENTS:

That hereinafter referred to as the "Principal," and , a corporation organized and existing under the laws of the State of , authorized to do business in this State and U.S. Department of Treasury Listed (Circular 570, Companies Holding Certificates of Authority as Acceptable Securities on Federal Bonds and as Acceptable Reinsuring Companies); with its principal office in the City of , hereinafter referred to as the "Surety," are held and firmly bound unto MRWSSD hereinafter referred to as the "Oblige," in the amount of $ for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written Contract with the Oblige, dated the day of , 20 , to construct in the County of State of Utah, for the approximate sum of $ , which Contract is hereby incorporated by reference herein.

NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully pay all claimants supplying labor or materials to Principal or Principal's Subcontractors in compliance with the provisions of Title 63G, Chapter 6a, of Utah Code Annotated, 1953, as amended, and in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise it shall remain in full force and effect.

That said Surety to this Bond, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder, or the specifications or drawings accompanying same shall in any way affect its obligation on this Bond, and does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to the Work or to the specifications or drawings and agrees that they shall become part of the Contract Documents.

PROVIDED, HOWEVER, that this bond is executed pursuant to the Provisions of Title 63G, Chapter 6a, Utah Code Annotated, 1953, as amended, and all liabilities on this Bond shall be determined in accordance with said provisions to the same extent as if it were copied at length herein.

IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 20 .

WITNESS OR ATTESTATION: PRINCIPAL:

(Affix Corporate Seal)

By:

Title:

WITNESS: SURETY:

Attorney-in-Fact (Affix Corporate Seal)

Subscribed and sworn to before me this day of 20 .

My commission expires:

Resides at: NOTARY PUBLIC

END OF SECTION

September 2024

PAYMENT BOND

NOTICE OF AWARD

To:

Address:

Project: Upper Evergreen Water Line Replacement Project

Date:

You are hereby notified that your Bid dated the day of____________of 20 , for the above named Contract has been considered. You are hereby notified that the award of a Contract for the above named project was approved and granted to your company.

The Bid Price of your Contract is

Two copies of the Agreement Form accompany this Notice of Award.

Unless otherwise indicated, you must respond within 7 days of this Notice of Award; that is by day of , 20 . This was awarded at the OWNER’s meeting on the day of , 20 .

1. You must deliver to the OWNER 2 fully executed Agreement forms.

2. You must deliver with the executed Agreement such Bonds and Certificates of Insurance as are included in the Contract Forms (excluding the Bid Bond) and as specified in the General Conditions.

3. To comply with the insurance requirements to endorse the OWNER, the ENGINEER, and the OWNER’s Consultants as additional insureds, the following statement must appear on each of the insurance certificates:

The MRWSSD, its officials, employees, agents, ENGINEER and Consultants are named as additional insureds.

4. You must also deliver with the executed Agreement, copies of all current Business Licenses for you as General Contractor and for all Subcontractors working on the project.

Failure to comply with these conditions within the specified time will entitle the OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.

After award of the contract by MRWSSD, the OWNER will return to you one fully signed Copy of the Contract Documents.

Mountain Regional Water Special Service District

(Signature)

(Date)

MRWSSD

5739 Paintbrush Road Park City, UT 84098

END OF DOCUMENT

NOTICE TO PROCEED

To:

Address:

Project:

Amount of Contract:

You are hereby notified to commence work on the above referenced Contract on or before _________________, 20 and shall substantially complete all work within days of the Notice to Proceed date and complete all work within days of the Notice to Proceed date.

The Agreement form provides for an assessment of liquidated damages for each day after the date of substantial and/or final completion that the work remains incomplete.

OWNER

ACCEPTANCE OF NOTICE

Receipt of the foregoing Notice to Proceed is hereby acknowledged by

_______________________________ this _______day of _______________, 20 .

CONTRACTOR

(Signature)

END OF DOCUMENT

October 2026

NOTICE TO PROCEED

APPLICATION FOR PAYMENT

CHANGE ORDER

To:

Address:

Project:

You are hereby requested to comply with the following changes from the contract plans and specifications.

Item No. Description of Changes Decrease Increase

Total of increases: $_______

Total of decreases: $_______

Net contract change Increases - Decreases $______________

The sum of $____________ is hereby (added to/deducted from) the contract price. The adjusted contract price to date is $_______________

The time provided for completion in the contract is (increases/decreased/unchanged).

This document shall become an amendment to the contract and all provisions of the contract will apply hereto.

Accepted by Contractor Date:

Recommended By Engineer Date:

Approved by Owner Date:

CERTIFICATE OF SUBSTANTIAL COMPLETION

Project: MRWSSD – Upper Evergreen Water Line Replacement Project

This Certificate of Substantial Completion applies to all work under the Contract Documents or to the following specified parts thereof:

To: Mountain Regional Water Special Service District, Owner

And To:

The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR, and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on (Date of Substantial Completion).

A tentative list of items to be completed or corrected has been previously transmitted. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. When this Certificate applies to a specified part of the Work the items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Due to Weather, some items are differed until the end of .

The date of Substantial Completion is the date upon which all guarantees and warranties begin, except as follows: N/A

The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, utilities, and insurance shall be as follows:

RESPONSIBILITIES:

OWNER: security, operation, safety, maintenance, utilities, insurance

CONTRACTOR: safety, insurance

The following documents are attached to and made a part of this Certificate: Punch List

Executed on , 20 , by EDM Partners, ENGINEER

Accepted on , 20 , by , CONTRACTOR

Accepted on , 20 by Mountain Regional Water Special Service District, OWNER

CERTIFICATE OF FINAL COMPLETION

Project: MRWSSD – Upper Evergreen Water Line Replacement Project

This Certificate of Final Completion applies to all work under the Contract Documents or to the following specified parts thereof:

To: Mountain Regional Water Special Service District, Owner

And To:

The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR, and ENGINEER, and that Work is hereby declared to be complete in accordance with the Contract Documents on (Date of Final Completion).

The date of Final Completion is the date upon which all guarantees and warranties begin, except as follows: N/A

Executed on , 20 , by EDM Partners, ENGINEER

Accepted on , 20 , by , CONTRACTOR

Accepted on , 20 by Mountain Regional Water Special Service District, OWNER

PART 3

CONDITIONS OF

THE CONTRACT

GENERAL CONDITIONS

2. Definitions

3. Additional Instructions and Detail Drawings

4. Schedules, Reports and Records

5. Drawings and Specifications

6. Shop Drawings

7. Materials, Services and Facilities

8. Inspection and Testing

9. Substitutions

10. Patents

11. Surveys, Permits, Regulations

12. Protection of Work, Property, Persons

13. Supervision by Contractor

14. Changes in the Work

15. Changes in Contract Price

16. Time for Completion and Liquidated Damages

17. Correction of Work 18.

Subsurface Conditions

19. Suspension of Work, Termination and Delay

20. Payments to Contractor

21. Acceptance of Final Payment as Release

22. Insurance

23. Contract Security

24. Assignments

25. Indemnification

26. Separate Contracts

27. Subcontracting

28. Engineer's Authority

29. Land and Rights‑of‑Way

30. Guaranty

31. Disputes

32. Taxes 33.

1. DEFINITIONS

1.1. Wherever used in the CONTRACT DOCUMENTS, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof.

1.2. ADDENDA ‑ Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS, DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications or corrections.

1.3 AGREEMENT - The written contract between the OWNER and the CONTRACTOR covering the work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

1.4 APPLICATION FOR PAYMENT - The form accepted by the ENGINEER which is to be used by the CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is…