Site work and new construction of a water / sewer project in Orem, Utah. Completed plans call for the construction of a water / sewer project; and for site work for a water / sewer project.

Each Proposal must be accompanied by Bid security made payable to Buyer, in an amount of of Supplier's maximum Proposal price and in the form of a certified or bank check or a Bid Bond issued by surety meeting requirements of Paragraph 4.01.B of the General Conditions. The Attorney-in-Fact who executes this bond on behalf of the Surety shall attach a notarized copy of its power-of-attorney as evidence of its authority to bind the Surety on the date of execution of the bond. Where State Statute requires, certification by a resident agent shall also be provided. If the Supplier elects to furnish a Bid Bond, they shall use Bid Bond form bound herewith, or one conforming substantially thereto in form and content. Bid security of the Apparent Successful Supplier will be retained until such Supplier has executed the Agreement, furnished required contract security, and met other conditions of the Notice of Award, whereupon Bid security will be returned. If Apparent Successful Supplier fails to execute and deliver the Agreement and furnish required contract security within after the time specified in the Notice of Award, Buyer may annul the Notice of Award and Bid security of that Supplier will be forfeited. The Bid security of other Suppliers whom Buyer believes to have a reasonable chance of receiving award may be retained by Buyer until the earlier of 7 days after Effective Date of the Agreement or 66 days after Submission of Proposals whereupon Bid security furnished by such Suppliers will be returned. Bid securities of other Suppliers whom Buyer believes do not have a reasonable chance of receiving the award will be returned within 7 days after Submission of Proposals. Completed Proposal Form, its attachments, and the Bid Security shall be submitted via email to Buyer as prescribed in the Notice Inviting Proposals. Buyer reserves its right to reject any and all Proposals, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Proposals. Buyer further reserves the right to reject the Proposal of any Supplier whom it finds, after reasonable inquiry and evaluation, to be nonresponsive. Buyer may also reject the Proposal of any Supplier if Buyer believes that it would not be in the best interest of Owner to make an award to that Supplier. Buyer also reserves the right to waive informalities not involving price, time or changes in Goods and Special Services, and to negotiate contract terms with Successful Supplier. The award will be made by Buyer, on the basis of that Proposal from the responsive, responsible Supplier which, in Buyer's sole and absolute judgment, will best serve the interest of Owner. All Proposals will be considered on the following basis: 16.6.1.1. Conformance with the terms of the Proposal Documents. 16.6.1.2. Total Proposal Price: For purposes of evaluating and awarding Supplier Proposals, each Supplier's Total Proposal Price will be based on the Buyer selected media (Base Bid or Bid Alternate). 16.6.1.3. Suitability for CWP Groundwater Polishing Plant requirements. 16.6.1.4. Responsibility and qualifications of the Supplier. Anticipated Notice of Award December 2, 2022. Supplier shall attach all submittal information necessary for Buyer to evaluate the equipment being proposed. The information provided will be used in evaluating and determining the responsiveness of the Proposal. Suppliers are cautioned that failure to submit drawings and data, failure of such information to indicate compliance of the Proposal with the Proposal Documents, or failure to submit all of the required data may cause Buyer to consider the Proposal nonresponsive, and may therefore result in rejection of the Proposal by Buyer. The Submittals-with-Proposal are in addition to the information and data required to be entered on the Proposal Form itself or its other attachments. These submittals may supplement information provided elsewhere. Refer to the technical specifications for definitions, equipment description, and related information. Identify changes required to the proposed facility design, based on the dimensional information and clear-space requirements provided in the Proposal Documents, drawings, to accommodate the proposed equipment. If none are required, provide a statement to that effect in the Proposal. When changes (from the information provided in the Proposal Documents) are required due to the size, configuration, or other characteristics of the equipment proposed, the evaluating parties (Buyer, Owner, Engineer) will determine impacts resulting in material changes (building size, piping, etc.), design modifications, and schedule. Higher points will be given to those suppliers with minimal changes to facility design or changes that reduce the overall cost of the Project. Provide a list of normal maintenance activities and highlight any features that increase reliability of equipment. Higher points will be given to Suppliers that propose more reliable equipment with less maintenance requirements. 1. Submission and Processing of Payments: Seller shall submit Applications for Payment in accordance with Article 10 of the General Conditions. Applications for Payment will be processed in accordance with the General Conditions. 7.2. Progress Payments: Buyer shall make progress payments on account of Contract Price in accordance with Section 01 20 01, Price and Payment Procedures, and on the basis of Seller's Application for Payment. 7.3. Final Payment: Upon receipt of the final Application for Payment accompanied by Engineer's recommendation of payment in accordance with Paragraph 10.06 of the General Conditions, Buyer shall pay the remainder of the Contract Price as recommended by Engineer. All monies not paid when due as provided in Article 10 of the General Conditions shall bear interest at the rate the Buyer receives on its funds. A. To the fullest extent permitted by Laws and Regulations, Seller shall indemnify and hold harmless Buyer and Engineer, and the officers, directors, members, partners, employees, agents, consultants, contractors, and subcontractors of each and any of them from and against all third party claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) for bodily injury (including death) or damage to tangible property ("Loss") arising out of or relating to the Goods and Special Services, but only to the extent caused by any negligent act or omission of Seller, or any individual or entity directly or indirectly employed by Seller or anyone for whose acts Seller may be liable ("Fault"). Buyer shall promptly tender the defense of any such third-party claim to Seller. Seller shall be entitled to control the defense and resolution of such claim, provided that Buyer shall be entitled to be represented in the matter by counsel of its choosing at Buyer's sole expense. Where such Loss results from the Fault of both Seller and Buyer or the third party, then promptly upon resolution of such claim, Buyer shall reimburse Seller for the proportion of the Loss and proportion of the cost of the defense provided pursuant hereto that Buyer's Fault bears to the total Fault. B. In any and all claims against Buyer or Engineer or any of their respective assignees, consultants, agents, officers, directors, members, partners, employees, agents, consultants, contractors, or subcontractors, by any employee (or the survivor or personal representative of such employee) of Seller, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to furnish any of the Goods and Special Services, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 5.09.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Seller or any such subcontractor, supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. The aggregate liability of Seller, its employees, subcontractors, suppliers and affiliated entities, to Buyer arising out of this Contract, whether based on warranty, contract, tort (including negligence), strict liability or otherwise, shall not exceed 100 percent of the Contract price." Buyer's right is reserved to reject any Proposal not conforming to the intent and purpose of Proposal Documents, to waive any informalities, technicalities, or irregularities in said Proposals, to postpone the Award of Contract for a period of time which, however, will not extend beyond 65 days from the Proposal submission date, and to consider the Proposal which will best serve the interests of Owner, or the public good.