Eagle Mountain City

EMC East Sewer Trunkline 30% Design and Preliminary

Engineering

REQUEST FOR PROPOSAL (RFP) NO. EMC-FY26-12

RFP Due Date: April 14, 2026, by 12:00 P.M. (noon)

RFP Administrator: Melissa Yates, Purchasing Agent P: (801) 789-6641 E: Myates@EagleMountain.gov

Issued: March 26, 2026

Interested parties may obtain a copy of this RFP and submit responses through the State of Utah’s Public

Procurement Portal:

Revised: February 2026 2 purchasing.utah.gov

TABLE OF CONTENTS

OVERVIEW 3

I. INTRODUCTION 3

II. SCOPE OF SERVICES 3

III. PROPOSAL EVALUATION CRITERIA 8

IV. PROPOSAL RESPONSE OUTLINE 9

IV. INSURANCE REQUIREMENTS 11

V. TIMELINE 12

VI. ADMINISTRATIVE GUIDANCE 12

VII. ISSUING OFFICE AND RFP REFERENCE NUMBER 13

VIII. SUBMISSION OF PROPOSAL 13

IX. VENDOR PREQUALIFICATION 13

X. INQUIRIES 14

XI. RESPONDENT’S RESPONSIBILITY FOR PROPOSAL COSTS 14

XII. EVALUATION OF PROPOSALS 14

XIII. KEY COMPANY PERSONNEL 14

XIV. ORAL PRESENTATION 15

XV. AWARD OF THE CONTRACT 15

XVI. PROTECTED INFORMATION 15

XVII. ADDENDUM TO RFP 15

XVIII. AUTHORIZED REPRESENTATIVES 16

XIX. ANTI-COLLUSION 16

XX. RESTRICTIONS / CONFLICT OF INTEREST 16

XXI. RIGHT TO REJECT 16

XXII. PRIVACY NOTICE 16

ATTACHMENT A 18

ATTACHMENT B 22

https://purchasing.utah.gov/

Revised: February 2026 3

OVERVIEW

I. INTRODUCTION

Eagle Mountain City is requesting proposals from responsible firms or individuals for a Sewer Trunkline –

30% Design and Preliminary Engineering. Eagle Mountain City is a rapidly growing municipality with a current population of approximately 75,000 residents. Growth projections and system capacity analyses have identified the need for construction of a new sewer trunkline to serve existing and future development areas.

A concept-level study has been completed as part of the Wastewater Master Plan. The City now seeks to advance the project to a 30% design level sufficient to:

• Establish horizontal and vertical alignment

• Confirm pipe sizing and hydraulic capacity

• Identify property and easement impacts

• Identify utility conflicts

• Identify permitting requirements

• Develop a planning-level construction cost estimate

• Support budgeting and Capital Improvement Plan (CIP) programming

• Support right-of-way acquisition planning

• Provide the technical basis for progression to final design

II. SCOPE OF SERVICES

The Consultant shall furnish all labor, supervision, materials, equipment, and incidentals necessary to complete the following tasks within 90 days of contract execution.

Task 1 – Project Management and Administration

• Conduct project kickoff meeting.

• Prepare detailed project schedule (Critical Path Method preferred).

• Provide monthly progress updates.

• Coordinate with City Engineering, Public Works, and GIS staff.

• Provide budget tracking and cost control documentation.

• Facilitate up to 6 coordination meetings.

Revised: February 2026 4

Task 2 – Data Collection and Existing Conditions Review

• Review concept study within the wastewater master plan.

• Obtain and review GIS mapping, record drawings, utility maps, plats, and aerial imagery.

• Compile available survey and LiDAR data.

• Coordinate utility locates (Blue Stakes of Utah).

• Identify data gaps and recommend supplemental investigation.

• Develop base mapping.

Task 3 – Survey

• Perform topographic aerial survey along proposed corridor.

• Establish horizontal and vertical control.

• Locate visible utilities and surface features.

• Prepare survey base map suitable for 30% design.

• Identify apparent property boundaries based on available record data.

Task 4 – Hydraulic Evaluation and System Analysis

• Confirm design flows using approved population and land use projections.

• Evaluate upstream and downstream system capacity.

• Perform hydraulic modeling as necessary.

• Confirm trunkline diameter, slope, and capacity.

• Identify special structures (drop manholes, siphons, energy dissipation).

• Document assumptions and design criteria.

Deliverable: Hydraulic Technical Memorandum.

Task 5 – Alignment Alternatives and Selection

• Develop and evaluate alternative horizontal alignments.

• Consider:

o Existing utilities o Roadway corridors o Environmental constraints

Revised: February 2026 5 o Property ownership o Constructability o Future development plans

• Develop preliminary vertical profile for preferred alignment.

• Identify areas requiring trenchless construction.

• Recommend preferred alignment.

Deliverable: Alignment Alternatives Memorandum.

Task 6 – Utility Conflict Analysis

• Identify known utilities within corridor.

• Develop utility conflict matrix.

• Identify major crossings and separation issues.

• Provide preliminary relocation recommendations.

• Identify potholing requirements for final design.

Deliverable: Utility conflict summary table and marked exhibits.

Task 7 – Geotechnical and Subsurface Considerations (Planning Level)

• Review available geologic and soil data.

• Identify potential groundwater concerns.

• Identify anticipated trench depths and risk areas.

• Provide recommendations for future geotechnical scope.

• Identify potential dewatering or shoring considerations.

Task 8 – Right-of-Way and Property Impact Assessment

• Identify affected parcels.

• Prepare exhibits showing:

o Permanent utility easements o Temporary construction easements o Potential fee acquisition areas

• Develop recommended easement widths.

Revised: February 2026 6

• Prepare parcel matrix including parcel ID, owner (based on County records), and estimated impact area.

Deliverable: Property impact exhibits and parcel impact table.

Task 9 – Environmental and Permitting Review

• Identify required permits (local, state, federal).

• Identify potential wetlands, floodplain, or stream impacts.

• Identify utility corridor crossing requirements.

• Provide permitting plan and estimated durations.

• Identify cultural resource considerations if applicable.

Deliverable: Permitting and Environmental Constraints Memorandum.

Task 10 – Construction Phasing and Maintenance of Service

• Identify potential need for bypass pumping.

• Provide conceptual construction sequencing.

• Identify traffic control considerations.

• Identify access constraints.

Task 11 – Preliminary Opinion of Probable Construction Cost (OPCC)

• Prepare itemized construction cost estimate including:

o Pipe by diameter and depth o Manholes and structures o Trenchless crossings o Utility relocation allowances o Surface restoration o Traffic control o Mobilization o Contingency (25% typical for 30% design)

• Provide estimated:

o Final design cost

Revised: February 2026 7 o Construction management cost o Geotechnical investigation cost

Deliverable: OPCC with basis of estimate documentation.

Task 12 – 30% Design Drawings

Prepare 30% drawings including:

• Cover sheet

• General notes and design criteria

• Overall alignment map

• Plan and profile sheets

• Preliminary details

• Utility conflicts

• Easement limits

• Special structure concepts

Drawings shall be sufficient to fix horizontal and vertical alignment and support budgeting and right-of-way planning.

Task 13 – Preliminary Engineering Report (30% Design Report)

Prepare comprehensive report including:

• Background and purpose

• Design criteria

• Hydraulic analysis

• Alignment evaluation

• Utility conflicts

• Property impacts

• Environmental constraints

• Geotechnical considerations

• Construction considerations

• Cost estimate

• Recommended next steps

Revised: February 2026 8

3. DELIVERABLES

The Consultant shall provide:

• 30% Design Drawings (PDF and editable CAD format)

• Preliminary Engineering Report (PDF and editable format)

• Hydraulic Memorandum

• Alignment Memorandum

• Utility Conflict Matrix

• Property Impact Exhibits and Matrix

• OPCC with supporting documentation

• Project Schedule

III. PROPOSAL EVALUATION CRITERIA

Proposals will be evaluated based on the response to all provisions of this RFP. Since this solicitation is an

RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The city may use some or all of the following criteria and corresponding percentages in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of the score as deemed appropriate prior to the commencement of evaluation.

Evaluation Process

Proposals will be reviewed by the individual committee members against certain criteria through a pre-prepared scoring matrix. The committee will submit their scores to the City

Purchasing Agent who will compile the scores and rank the submissions. The committee will meet to review the top three scoring firms and may schedule a 1-hour virtual or in-person presentation from each vendor. The presentations will not be scored, but the evaluation committee will, at the conclusion of all presentations, select a firm for award or withdraw the

RFP.

POTENTIAL PROPOSAL EVALUATION CRITERIA

Evaluation Criteria Description Percentage

Firm Experience Qualifications and experience of the firm. Demonstrated expertise and subject matter expertise in the requested Scope

25%

Revised: February 2026 9

IV. PROPOSAL RESPONSE OUTLINE

Proposals must be clear, concise, specific and, in an outline, format not exceeding 15 single side pages.

Font size must be an 11- or 12-point font. Paper size not to exceed 8.5 x 11 inches. Pertinent supplemental information should be referenced and provided as attachments but will not be considered part of the proposal. All proposals must be organized and tabbed to comply with the following sections. Tabs will not be counted toward page count as long as they do not contain proposal information.

Tab 1 - LETTER OF TRANSMITTAL. The letter of transmittal should include an introduction of the Project

Team: the name, address, telephone number, and email address of the person to be contacted along with others who are authorized to represent the company in dealing with this RFP.

Tab 2 - EXECUTIVE SUMMARY. Should include an introduction of the Firm and parent company: the name, address, telephone number, email address, nature of firm’s principal business, number of years in business, state and federal licensing certificates and Federal Tax Identification. Provide a brief statement that summarizes the unique qualifications of the Firm in relation to the unique and general requirements of this project. The respondent shall provide evidence of their firm’s capability to apply and commit staff and equipment successfully to the project and to complete the required services in a timely manner.

The respondent shall list all bankruptcy filings within the last ten years, and all current pending litigation involving the firm. Failure to provide full information may result in the proposal being deemed nonresponsive.

of Services

Project Team Experience Qualifications and experience of the Firm’s Project Team, including the Firm’s Project Team’s demonstrated expertise and subject matter expertise in the requested Scope of Services

25%

Functional Approach The Firm’s project team demonstrates the ability to formulate a plan that includes the elements listed in the scope of work.

20%

Technical Approach The quality and clarity of the Firm’s proposal demonstrates the ability to formulate a plan that is concise and easily understood by stakeholders.

17%

Cost Project costs / fee schedule as compared to other firms. 10%

Introduction

Introductory Letter contains all the information requested.

3%

Revised: February 2026 10

Tab 3 - DETAILED DISCUSSION. This section should constitute the major portion of the proposal and must contain:

1. Proposed Project Team Organization and Qualifications: Provide a chart that identifies the roles of each of the Key Individuals involved in each phase of the project. Firm should provide a listing of staff to be assigned to the project and commentary on their existing workload, and a description of the project management processes used to ensure work continues uninterrupted and communication with the city and firm is strong. Respondent shall provide, rather than a standard resume, only relevant experience and qualification of each technical person who will be involved on the project, including:

a. Educational background, academic degrees, professional association.

b. Current job title, responsibilities and type of work performed.

c. Experience on projects similar to that requested in this RFP.

Provide a matrix that indicates past project collaborations carried out by the proposed team.

2. Proposed Project Team Performance on Past Projects: Provide information for similar studies that demonstrate the Firm’s ability to accomplish this project. For each project identified, provide the following information: Owner, Description of Work, and Project Team Members’ involvement.

3. References: Provide a reference for each project listed above who may be contacted for further information regarding the performance of the Firm’s Project Team. The respondent should provide examples of similar projects through access to deliverables such as studies, reports, maps, images, video, etc.

4. Team Roles and Responsibilities: Provide a description of the roles and responsibilities of the

Firm’s Project Team members and how the Team will work together to achieve the objectives of the project. List any applicable sub-consultants.

5. Proposed Project Schedule: Provide a schedule that includes individual phases as applicable. The proposed schedule shall list important dates, times, and locations of meetings and submittals.

6. Proposed Project Approach: Outline the tasks, any special approaches, and the plan for completion. Innovation and alternatives to the scope proposed here are welcome.

7. Information addressing Project Objectives and Scope that have not been addressed.

Tab 4 - COST PROPOSAL. The Firm must submit a cost proposal allowing costs to be evaluated independently of other criteria in the proposal, both in grand total, as well as component pricing for logical subsets of service with any associated discounts listed separately. The cost proposal should include the

Revised: February 2026 11 method of determining compensation for the required services with a not-to-exceed cost estimate. It should also include the estimated cost to complete all of the Firm’s Basic Services.

Tab 5 – BID FORM (Attachment A), Certificate of Insurance AND MISCELLANEOUS additional information and attachments, including company literature and catalogs.

IV. INSURANCE REQUIREMENTS

Should the successful firm be invited to negotiate a contract for the work identified in this RFP, it shall have the capability of maintaining insurance and indemnification as follows to cover any claims incurred or arising as a result of the work. The Contractor / Consultant shall furnish Eagle

Mountain a Certificate of Insurance applying to the contract for each type of insurance required, to be approved by Eagle Mountain City. The Consultant’s insurer must be authorized to do business in Utah and must meet the specified A.M. Best rating or better at the time this contract is executed. The following insurance shall be maintained in force until all activities which are required by the Contract or as changed by contract modification are completed and accepted by Eagle Mountain:

a. General Liability insurance with a limit of not less than $1,000,000 per occurrence and not less than $3,000,000 aggregate and having an A.M. Best rating of A-class VIII or better. If this coverage is written on a claims-made basis, the Certificate of Insurance shall so indicate. Consultant represents that as long as commercially available the insurance shall remain in effect such that claims reported up to three (3) years beyond the date of substantial completion of this contract are covered.

b. Commercial Automobile insurance with a minimum combined single limit of $1,000,000 per occurrence OR $500,000 liability per person, $1,000,000 per occurrence, $250,000 Property Damage, and having an A.M. Best rate of A-class VIII or better.

c. Architect and/or Engineers Professional Liability (errors and omissions) insurance having an A.M.

Best rating of A-class VIII or better, is required at the coverage amount of $1,000,000 per claim and $3,000,000 aggregate. If this coverage is written on a claims-made basis, the Certificate of Insurance shall so indicate. Consultant represents that as long as commercially available the insurance shall remain in effect such that claims reported up to three (3) years beyond the date of substantial completion of this contract are covered (on construction contracts or modifications for construction management the insurance, shall remain in effect for one (1) year after completion of the project).

d. Valuable Papers & Records Coverage and/or Electronic Data Processing (Data and Media) Coverage for the physical loss or destruction of the work product including drawings, plans, specifications and electronic data and media. Such insurance shall be of a sufficient limit to protect Consultant, its sub-consultants and Eagle Mountain from the loss of said information.

e. Workers Compensation Insurance: Consultant shall provide evidence that his employees and sub-consultant employees are covered by Workers Compensation. If they are covered by

Revised: February 2026 12

Workers Compensation Fund of Utah, then the A.M. Best rating is not required in this area.

f. Consultant shall require the insurance company that issues the Certificates of Insurance for the evidence of the required insurance coverage to endeavor to provide Eagle Mountain with 30-days written notice in the event that coverage is canceled before the policy expiration date stated in the Certificate. Consultant further agrees to provide Eagle Mountain with 30 days written notice prior to making an alternation or material change to the required insurance coverage. Insurance certificates and notice(s) should be sent to recorder@emcity.org.

g. Policies referred to in (a) and (b) above are required to be endorsed naming Eagle Mountain as Additional Insured and, on General Liability, indicate they are primary and not contributing coverage. All required policies, endorsements, insurance companies issuing same, and self-insured programs are subject to review and approval by Eagle Mountain.

V. TIMELINE

The following is a tentative schedule of this entire RFP process. While the City will attempt to apply the necessary resources to maintain this schedule, the following dates are merely projections. The City reserves the right to modify this schedule as needed to accommodate the completion of this RFP process.

TENTATIVE PROJECT SCHEDULE

RFP Published March 26, 2026

Mandatory Prebid Meeting April 7, 2026, 3:00 PM

Questions from Firms Due April 8, 2026, at 5:00 pm

Questions and Answers Posted April 9, 2026

Proposals Due April 14, at 12:00 PM

Anticipated Contract Award April 21, 2026

Final Project Deliverables July 31, 2026

VI. ADMINISTRATIVE GUIDANCE

The information provided herein is intended to assist Firms in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide interested Firms with sufficient basic information to submit proposals meeting minimum requirements but is not intended to limit a proposal's content or to exclude any relevant or essential data therefrom. Firms are at liberty and are encouraged to expand upon the specifications to give additional evidence of their ability to provide the services requested in this RFP.

Revised: February 2026 13

VII. ISSUING OFFICE AND RFP REFERENCE NUMBER

Eagle Mountain City Engineering Department is the issuing office for this RFP and all subsequent addenda.

The reference number for this RFP is EMC-FY26-12. This number must be referenced on all proposals, correspondence, and documentation relating to this RFP. During the RFP process, the Purchasing Agent is the sole source of official information. All other communications regarding this RFP, both spoken and written, which are received by any representative of the Firm from other sources (such as any elected or appointed official of the city or any other city staff, unless said communication is required by the primary contact) shall result in the disqualification of the proposal. This refers to both formal and informal conversations and communications.

Contact: Melissa Yates, Purchasing Agent 1650 E Stagecoach Run Eagle Mountain, Utah 84005 Myates@EagleMountain.gov

(801) 789-6641

VIII. SUBMISSION OF PROPOSAL

Proposal RFP documents will be available online on March 26, 2026, at purchasing.utah.gov (select the search bar> select Current Bids > enter “EM” > select search.) Sealed proposals will then be accepted online only via purchasing.utah.gov procurement portal until April 14, 2026, at 12:00 PM (noon).

Proposals submitted after this deadline will be rejected. All proposals, upon submission to the City, shall become City property.

Failure to provide a response to items indicated in this RFP will be interpreted by the city as an inability by the Firm to provide the requested service. All submittals shall be complete in all material respects and failure to provide a complete submittal may result in rejection of the response.

The bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within fourteen days after the Bid opening.

IX. VENDOR PREQUALIFICATION

All potential vendors are required to register with Eagle Mountain City prior to doing business. You may complete required prequalification forms by going to EagleMountain.gov/purchasing. Fill out the vendor prequalification form and submit W9.

The City may conduct such investigations as the City deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the contract Documents.

Revised: February 2026 14

X. INQUIRIES

Questions arising subsequent to the issuance of this RFP shall be submitted in writing through the State of Utah’s online procurement portal. Questions and answers will be posted online or consolidated and provided to all Firms on record of receiving this RFP on the procurement portal. All inquiries must be submitted by the close of business (5:00 PM MST) on April 8, 2026. Questions submitted after the deadline will not be addressed.

XI. RESPONDENT’S RESPONSIBILITY FOR PROPOSAL COSTS

The City is not liable for any cost incurred by Firms associated with the preparation of the proposal or the negotiation of a contract for services prior to the issuance of the contract.

XII. EVALUATION OF PROPOSALS

The City may award a contract based on initial proposals received without discussion of such proposals with the Firm. Accordingly, each initial proposal should be submitted with the most favorable price and service available.

In evaluating proposals, the city will consider whether or not the proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the proposal or prior to the Notice of Award. Evaluation committee members will evaluate and rank each submittal based on required information provided. Evaluation factors are based on the abilities of the proposer to efficiently perform the Scope of Services as generally outlined in the Request for Proposals. The city will be seeking to identify the submittal(s) which will best meet the needs of Eagle Mountain City as determined from the responses to the Request for Proposals.

The City will also consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities. During the evaluation process and at the sole discretion of the City, requests for clarification of one or more proposer’s submittals may be conducted. This request for clarification may be performed by the city in a written format, or through scheduled oral interviews. Such clarification request will provide proposers with an opportunity to answer any questions the City may have on a proposer’s submittal.

XIII. KEY COMPANY PERSONNEL

In submitting a proposal package, the Respondent is representing that each person listed or referenced in the proposal package shall be available to perform the services described for the city, barring illness, accident, or other unforeseeable events of a similar nature in which case the Respondent must be able to promptly provide a qualified replacement. In the event the Respondent wishes to substitute personnel, the Respondent shall propose a person with equal or higher qualifications and each replacement person is subject to prior written city approval. In the event the requested substitute

Revised: February 2026 15 person is not satisfactory to the city and the matter cannot be resolved to the satisfaction of the city, EAGLE MOUNTAIN CITY reserves the right to cancel the contract for cause.

XIV. ORAL PRESENTATION

The city may require an oral presentation by Firms to supplement a proposal. The presentations, if required, shall be scheduled by Melissa Yates, Purchasing Agent, after the proposals have been received and prior to the award of the contract.

XV. AWARD OF THE CONTRACT

Upon completion of the evaluation process, the City may negotiate with and award the contract to the

Firm whose proposal is determined to be most advantageous and produces the best possible outcome for the city. If detailed in the proposal, factors such as additive alternate bids, discounts, transportation costs, and life cycle costs may be used to determine which bidder, if any, is offered the award. It is understood that the city is not obligated to make an award under or as a result of this RFP or to award such contract.

The parties must execute the contract prior to the commencement of performance. The contract will incorporate the provisions of this RFP (including any addenda) and other terms negotiated by the parties.

By submitting a signed proposal, the Firm agrees to the provisions of the contract described herein.

XVI. PROTECTED INFORMATION

Under the Government Records Access and Management Act, Section 63-2-101 et seq., Utah Code Ann.

(1993 and supp. 1996), as amended ("GRAMA"), the proposal submitted is open for public inspection. If the Firm desires to have information contained in its proposal protected from such disclosure, the Firm may request such treatment by providing a "written claim of business confidentiality and a concise statement of reasons supporting the claim of business confidentiality" with the proposal (GRAMA, Section

63G-2-309). All material contained in and/or submitted with the proposal becomes the Owner's property and may be returned only at the Owner's option. A business confidentiality claim form is available on the

Utah State Records Committee website:

https://eaglemountaincity.com/wp-content/uploads/2022/10/GRAMA-Claim-of-Business-

Confidentiality-Fillable.pdf

XVII. ADDENDUM TO RFP

In the event that it becomes necessary to review this RFP in whole or in part, an addendum will be provided to all Firms on record as having received this RFP through the State of Utah’s online procurement portal.

https://eaglemountaincity.com/wp-content/uploads/2022/10/GRAMA-Claim-of-Business-Confidentiality-Fillable.pdf https://eaglemountaincity.com/wp-content/uploads/2022/10/GRAMA-Claim-of-Business-Confidentiality-Fillable.pdf

Revised: February 2026 16

XVIII. AUTHORIZED REPRESENTATIVES

The proposal or bid must contain the signature of a duly authorized officer, or agent of the Firm’s company empowered with the right to bind the Firm for the amounts estimated and terms proposed. The Firm must also provide evidence of the authority of the officer or agent to bind the Firm. The owner shall have the option to change the Firm’s contact person if it is in the best interest of the Owner.

Include this information within the "Letter of Transmittal", which will be tabbed section "1" of a successful proposal.

XIX. ANTI-COLLUSION

The submission of a proposal constitutes agreement that the Firm has not divulged its proposal to, or conspired with, any other Firm or party to a proposal whatsoever.

This Bid is genuine and not made in the interest of or on the behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract.

XX. RESTRICTIONS / CONFLICT OF INTEREST

All proposals must clearly set forth any restrictions or provisions deemed necessary by the Firm to effectively service the proposed Contract.

If any officer, director, or agent of your organization is also an employee of Eagle Mountain City, then you shall clearly identify in your response the name of the individual(s) and the position he or she holds in your organization. Further, you shall disclose the name(s) of any City employee(s) who owns, directly or indirectly, any interest in your organization or any of its branches. This does not include stock in a publicly traded organization unless the individual holds more than a ten-percent (10%) stake.

XXI. RIGHT TO REJECT

The City reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. The City further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. The City also reserves the right to waive all informalities or technicality in any bid or proposal in the interest of the City not involving price, time, or changes in the Work and to negotiate contract terms with the Successful

Bidder. The city has the sole discretion and reserves the right to cancel this RFP, and to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the city’s best interests to do so.

XXII. PRIVACY NOTICE

Eagle Mountain City is committed to protecting your privacy. The personal data you provide for bids/proposals is collected for the purpose of processing submitted bidding documentation, permit

Revised: February 2026 17 applications, verifying identity, and contracts and will be used only for those purposes. If you choose not to provide the requested information, we may be unable to process your request or provide the service you are seeking. Your information will not be sold and is not regularly disclosed to any private or governmental entities. However, it may be shared when required by law or contract. The information collected is maintained in the Eagle Mountain Recorders office in accordance with the City's retention records schedule. Some personal data may still be subject to public disclosure as required by the Utah

Government Records Access and Management Act (GRAMA), Utah Code § 63G-2-101 et seq.”

Revised: February 2026 18

ATTACHMENT A

Bid Form

Project Name: EMC East Sewer Trunkline – 30% Design and Preliminary Engineering

Project Number: EMC-FY26-12

ARTICLE 1 - BID RECIPIENT

1.01 This Bid Is Submitted To: EAGLE MOUNTAIN CITY

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with

Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in the Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 - BIDDER’S ACKNOWLEDGMENTS

2.01 Bidder accepts all of the terms and conditions of the Advertisement and Instructions to Bidders, including without limitations those dealing with the dispositions of Bid security. The Bid will remain subject to acceptance for 30 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 - BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and

Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

Revised: February 2026 19

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in SC-4.02, and (2) reports and drawings of Hazard Environmental

Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable

“technical data.”

E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by

Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of the Work to be performed by Owner and others at the

Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Purchasing Agent written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Purchasing Agent is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

J. Bidder will submit written evidence of its authority to do business in the State or other jurisdiction where the Project is located not later than the date of its execution of the

Agreement.

ARTICLE 4 - ATTACHMENTS TO THIS BID

4.01 The following documents are attached to and made a condition of the Bid:

Revised: February 2026 20

A. Bid Form B. Attachment B – Map

ARTICLE 5 - BID SUBMITTAL

5.01 This Bid is submitted by:

An Individual

Name (typed or printed): ____________________________________________________

By: _____________________________________________________________________

(Individual’s signature)

Doing business as: _______________________________________________________________

A Partnership

Partnership Name: _________________________________________________________

By: _____________________________________________________________________

(Signature of general partner -- attach evidence of authority to sign)

Name (typed or printed): __________________________________________________________

A Corporation

Corporation Name: _______________________________________________________________

State or Jurisdiction of Incorporation: ______________________________

Type (General Business, Profession, Service, Limited Liability): ___________________________

By: ___________________________________________________________________

(Signature -- attach evidence of authority to sign)

Name (typed or printed): ___________________________________________________________

Title: ____________________________________________

SEAL,

if required by State

SEAL,

if required by State

CORPORAT

E SEAL,

if required by

State

Revised: February 2026 21

Attest ____________________________________________________________

(Signature of Corporate Secretary)

Date of Qualification to do business in ____________ [State or other jurisdiction where Project is located] is ___/___/______

A Joint Venture

Name of Joint Venture: ________________________________________________________

First Joint Venture Name: ____________________________________________________

By: ____________________________________________________________________

(Signature of joint venture partner -- attach evidence of authority to sign)

Name (typed or printed): ____________________________________________________________

Second Joint Venture Name: ____________________________________________________

By: ____________________________________________________________________

(Signature of joint venture partner -- attach evidence of authority to sign)

Name (typed or printed): ____________________________________________________________

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

5.02 Bid submitted on ______________________________, SEAL, by State

SEAL,

by State

Revised: February 2026 22

ATTACHMENT B