Eagle Mountain City

EMC WWTF Wastewater Expansion Oxidation Ditch Upgrades

GMP #2

REQUEST FOR PROPOSAL (RFP) NO. EMC-FY26-15

RFP Due Date: 5/26/2026, by 12:00 P.M.

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

Issued: 5/7/2026

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

Procurement Portal: purchasing.utah.gov https://purchasing.utah.gov/

TABLE OF CONTENTS

OVERVIEW 3

I. INTRODUCTION 3

II. SCOPE OF SERVICES 3

III. PROPOSAL EVALUATION CRITERIA 4

IV. PROPOSAL RESPONSE OUTLINE 5

IV. INSURANCE REQUIREMENTS 7

V. TIMELINE 8

VI. ADMINISTRATIVE GUIDANCE & TAXES 8

VII. ISSUING OFFICE AND RFP REFERENCE NUMBER 9

VIII. SUBMISSION OF PROPOSAL 9

IX. BID BOND, PAYMENT AND PERFORMANCE BONDS 9

X. VENDOR PREQUALIFICATION 10

XI. INQUIRIES, ADDENDA, and CLARIFICATIONS 10

XII. PRE-PROPOSAL MEETING & SITE VISIT 10

XIII. RESPONDENT’S RESPONSIBILITY FOR PROPOSAL COSTS, WITHDRAWAL, MODIFICATION, OR

BID CANCELATION 10

XIV. OPENING OF BIDS 11

XV. EVALUATION OF PROPOSALS 11

XVI. KEY COMPANY PERSONNEL 11

XVII. AWARD OF THE CONTRACT 12

XVIII. SUBSTITUTIONS & “OR-EQUAL” ITEMS 12

XIX. AUTHORIZED REPRESENTATIVES 12

XX. ANTI-COLLUSION, RESTRICTIONS & CONFLICT OF INTEREST 13

XXI. SUBCONTRACT AGREEMENT / PURCHASE ORDER AGREEMENT 13

XXII. RIGHT TO REJECT 14

XXIII. BID ALTERNATES 14

XXIV. COORDINATION WITH MGC, OWNER & OTHER PROJECT CONTRACTORS 14

XXV. SCHEDULE 15

XXVI. LIQUID DAMAGES 15

XXVII. PROTECTION OF EXISTING FACILITIES 15

XXVIII. PROPOSER MINIMUM SUPERVISION & OVERSIGHT REQUIREMENTS 15

XXIX. SCHEDULE, WORKING HOURS, & HOLIDAYS 16

XXX. DELIVERIES 16

XXXI. CONTROL POINTS 16

XXXII. INSPECTION 16

XXXIII. TRASH AND CLEANUP 16

XXXIV. WARRANTY 17

XXXV. CONTRACT AND BID DOCUMENTS 17

XXXVI. PRIVACY NOTICE & PROTECTED INFORMATION 17

OVERVIEW

I. INTRODUCTION

MGC, Inc. (MGC) has been selected as the Construction Manager / General Contractor (CM/GC) for the 2025 6.0 MGD MBR Wastewater Expansion project. This GMP2 is an early work package of the EMWWTF 6.0 MGD MBR Wastewater Expansion project, the Eagle Mountain WWTF Oxidation Ditch Upgrades (the Project) located in Eagle Mountain City, Utah 84005. Eagle Mountain City is seeking proposals from qualified subcontractors and suppliers from each trade to complete each component of the project except for the Systems Integrator that will be SKM and negotiated separately.

II. SCOPE OF SERVICES

The Eagle Mountain City Wastewater Treatment Facility (WWTF) 6.0 MGD MBR Wastewater Expansion project consists of construction of an MBR facility and upgrades to the oxidation ditch for a total average daily flow design capacity of 8.0 million gallons per day (MGD) – 6.0 mgd average daily flow with the MBR treatment train, and 2.0 average daily flow with the oxidation ditch upgrades (GMP2, the Project).

The construction of the EMWWTF Oxidation Ditch Upgrades project will improve the existing oxidation ditch rated capacity to 2.0 MGD average daily flow. MGC is providing preconstruction services including design review, guaranteed maximum price (GMP) development, and procurement services of qualified subcontractors and equipment for the project. The Project (GMP2 – Oxidation Ditch Upgrades) has an expected start date of July 2026, and construction duration of 9 months. The WWTF is located on the parcel directly southwest of the public works building at 2515 N Pony Express Blvd, Eagle Mountain, UT 84005.

The current facility is an oxidation ditch rated for 2.4 MGD; however, loading has reached design levels in the current facility at current flows around 1.5 MGD. The service area is mostly new residential construction with low flow toilets and new pipe that minimizes inflow, and infiltration, which can lead to higher concentrations in the waste stream. EMC anticipates needing process intensification measures to optimize the current treatment train as an early work package.

The following new infrastructure (facility designator in parenthesis) will be under consideration for the scope for the CM/GC contract:

✓ Early work package consisting of pumping and piping for process intensification in the existing oxidation ditch (OXD).

Bid Package Disclaimer These Proposal Instructions include separate Bid Packages consisting of scopes of work that have been prepared for each component of the project. Proposer is required to obtain the corresponding scope of work for proposer’s trade and bid the scope of work identified on the scope, clarifications, inclusions, and exclusion’s page in its entirety. Bids shall be submitted on the associated bid forms.

All work shown on the drawings and specifications and any work which is within the scope described in the documents, which is reasonably inferable from, or is the logical extension of the documents for completion of the project shall be considered part of the work and shall be executed by the proposer in the same manner, and with the same character of material, as other portions of the work without an increase in the contract value.

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 & Selection 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 and they will be compiled. Best Value selection method will be used that incorporates all criteria determined to provide the best overall value to the owner.

POTENTIAL PROPOSAL EVALUATION CRITERIA

Evaluation Criteria Description Percentage

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

The quality and clarity of the Firm’s proposal demonstrates

35%

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.

the ability to formulate a plan that is concise and easily understood by stakeholders.

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

25%

Cost Project costs / fee schedule as compared to other firms. 25%

Contractor Safety Performance

See Attachment D. Experience Modification Rate (EMR) history for past 3 years, Total Recordable Incident Rate (TRIR) history for past 3 years, etc.

15%

General Information Attached forms including business information, license, litigation, etc. (Attachment B of the Bid Form)

Pass / Fail

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 as a separate document. 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 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.

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 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. Builders Risk Insurance. Builder’s Risk Insurance must be indicated by a checked box on the Certificate of Insurance (COI). The Contractor shall provide the City with the price for the Builder’s Risk Insurance coverage applicable to the project. Upon receipt of the Contractor’s quoted price, the City will obtain a comparable quote from the Utah Local Government Trust for the same policy limits. If the Utah Local Government Trust premium is lower than the Contractor’s quoted price, the City will procure the Builder’s Risk policy through the Trust. In such case, the Contractor shall reimburse the City for the cost of the policy, and the amount will be deducted from payments due under the contract.

h. 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 5/7/2026

Mandatory Site Meeting & Walk 5/20/2026 @ 10:00 am (2515 N Pony Express Pkwy Eagle Mountain City, Utah)

Questions from Firms Due 5/20/2026 @ 5:00 pm

Deadline for Addenda 5/22/2026 @ 5:00 pm

Proposals Due 5/26/2026 @ 12:00 pm (noon)

Best Value Selection Interviews (If required) 6/3/2026 Time & Location -TBD

VI. ADMINISTRATIVE GUIDANCE & TAXES

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.

TAXES: Proposer shall include in the preparation of their bid, the cost for all applicable taxes.

VII. ISSUING OFFICE AND RFP REFERENCE NUMBER

Eagle Mountain City & AE2S Engineering is the issuing entities for this RFP and all subsequent addenda.

The reference number for this RFP is EMC-FY26-15. 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 Myates@Eaglemountain.gov.

VIII. SUBMISSION OF PROPOSAL

Proposal RFP documents will be available online on 5/06/2026 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 5/26/2026 at 12:00 PM. 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, the City and AE2S is not responsible for any submission errors, and failure to provide a complete submittal may result in rejection of the response. Bids must be submitted on the prescribed Bid Forms. All blank spaces for prices must be filled in, in ink or typewritten. In the event of a discrepancy between the prices quoted in words and those quoted in figures in the proposal, the words shall control. Bids are lump sum bid and are firm through completion of field construction with no claims for any cost escalation. Proposer must be licensed to perform business as a contractor in the State where the jobsite is located if State and/or local municipal laws require such licensing.

• Submitted bids: The file name and subject shall both have the following naming convention:

“Company Name, Bid Package #, & Name”

IX. BID BOND, PAYMENT AND PERFORMANCE BONDS

A bid or proposal must be accompanied by a bid security made payable to Owner in an amount of 5% of

Bidder’s maximum bid price and in the form of a Bid bond issued by a surety.

The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract

Documents, furnished the required contract security, and met the other conditions of the Notice of

Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of

Award, Owner may annul the Notice of 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 earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

100% Payment and 100% Performance bonds will be required upon contract signing.

X. 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.

XI. INQUIRIES, ADDENDA, and CLARIFICATIONS

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 5/20/2026. Questions submitted after the deadline will not be addressed. Interpretations or clarifications considered necessary by EMC and AE2S will be issued in writing via addendum. Any additional or supplemental instructions will be in the form of written addenda to the scope of work. 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. All addenda issued shall become part of the contract documents and shall be acknowledged in the proposer’s proposal in the space provided. Proposers shall not contact the

Owner, Architect, or Engineers directly. All questions, clarifications, or coordination issues must be in writing and reference the appropriate detail(s) and/or the specification section and paragraph.

XII. PRE-PROPOSAL MEETING & SITE VISIT

A mandatory pre-bid conference and site visit will be held at 10:00 am on May 20, 2026 at the project site. Representatives of MGC, Owner, and Engineer will be present to discuss the project. Proposers are strongly encouraged to attend in-person and participate in the conference. MGC will transmit to all prospective proposers of record such addenda as MGC considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

XIII. RESPONDENT’S RESPONSIBILITY FOR PROPOSAL COSTS, WITHDRAWAL,

MODIFICATION, OR BID CANCELATION

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. No Proposer shall modify, withdraw or cancel their bid or any part thereof for one hundred twenty (120) calendar days after the due date for submission of bid.

XIV. OPENING OF BIDS

Bids will be received until the date and time prescribed in these instructions to Proposers. Bids submitted in the specified format WILL NOT be opened and read aloud. The Owner and/or AE2S will have the right to accept or not accept alternates in any order or combination. Bids will be privately reviewed for completeness, accuracy, and capacity of the firm. Owner & AE2S reserves the right to reject any or all bids received. Once the most responsive Proposer has been determined, and approved by the Owner / AE2S will notify all Proposers that submitted a Bid that it is in negotiations with one of the Proposers

XV. 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.

XVI. 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 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.

Subcontractor Qualifications:

All Subcontractors shall submit with their bid, the attached Subcontractor Qualification Questionnaire.

Any bid submitted without the completed Subcontractor Qualification Questionnaire may be considered non-responsive

XVII. 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.

Examination of Proposal Documents and Project Site

All Proposers shall thoroughly examine and be familiar with the drawings, specifications, contract documents, and project site. Failure or omission of any Proposer to receive or examine any form, instrument, addendum, or other document shall in no way relieve any Proposer from any obligation with respect to their proposal or to the Contract. The submission of a bid shall be taken as evidence of compliance with this Section.

XVIII. SUBSTITUTIONS & “OR-EQUAL” ITEMS

The Contract and Proposer’s bid will be based on materials and equipment shown on the drawings and specified in the specifications without consideration of substitute or “or-equal” items. Substitute or “or-equal” items will not be considered until after a fully executed agreement. The Contract and Proposer’s bid will be based on materials and equipment shown on the drawings and specified in the Specifications without consideration of substitute or “or-equal” items. If Proposer is knowledgeable of substitute or “Or-Equal” items, Proposer’s may propose via alternative additive or deductive pricing for such items. When proposing substitute or “Or-Equal” items, Proposer shall include and be responsible for all costs associated with such alternative including, but not limited to MGC, Engineer, and Owner review, engineering/design and/or drawing modifications, permit modifications, warranties, and impacts to other trades. The burden of substantiating the substituted item shall be borne by Proposer.

XIX. 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.

XX. ANTI-COLLUSION, RESTRICTIONS & CONFLICT OF INTEREST

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.

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 & AE2S 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. SUBCONTRACT AGREEMENT / PURCHASE ORDER AGREEMENT

Proposer will be bound by the terms of the contract documents including but not limited to the following Documents:

• The Prime Contract between MGC and the Owner

• Project General and Supplementary Conditions

• Instructions to Proposers

• Project specifications and Drawings,

• Sample subcontract or purchase order

Proposers are advised that all subcontracts and purchase orders will be executed on the attached agreement between Proposer and MGC. The appropriate agreement will be utilized based on the Proposer’s scope of work for either providing products and services, or just products. Proposer’s specific bid package bid documents, including scope of work, will be the basis for the detailed scope of services provided by Proposer and included in the agreement. Additional scope of work inclusions and exclusions may be added to the scope of work section of the contract based on follow up discussions by MGC and Proposer.

Any Proposer’s proposal provided on their company letterhead or standard proposal form will not be included as an attachment to the agreement. However, clarifications may be considered for inclusion into the scope of work. No qualifications to standard language will be accepted after bid time.

XXII. RIGHT TO REJECT

The City reserves the right to reject any or all Bids, including without limitation, nonconforming, non-responsive, unbalanced, incomplete, obscure, irregular 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. If at the time this contract is to be awarded, the total of the lowest acceptable bids exceeds the funds available, bids may be rejected or take such other action as best serves the Owner’s interests.

XXIII. BID ALTERNATES

The contract documents may contain options that MGC and the Owner may or may not decide to implement that impact multiple scopes. MGC and/or the Owner may or may not elect to select any or all alternates. The basis of award will be made by MGC and/or the Owner that provides the best benefit to the project at their sole discretion.

A brief description of the alternates is as follows.

• Not Applicable

XXIV. COORDINATION WITH MGC, OWNER & OTHER PROJECT CONTRACTORS

During construction of the Project, Proposer is advised that it is required to coordinate and cooperate with MGC Contractor’s, Owner’s existing operations, and any other Project the Owner is performing during the course of the project. MGC will be the primary coordinator of all work onsite. Proposer is responsible for working in coordination with all other activities performed on the project. Each

Proposer shall become familiar with all bid package scope documents and project schedule to coordinate activities in a manner that does not delay the Project or adversely impact the other bid packages progress. All communications of Proposer required by this paragraph shall be directed to

MGC’ management staff.

XXV. SCHEDULE

The specified schedule is to obtain Substantial Completion within 310 calendar days from Notice to

Proceed and obtain Final Completion within 340 calendar days from Notice to Proceed. Notice to

Proceed is anticipated on 6/10/202.

Proposer is advised that multiple trades will be onsite concurrently with this scope of work. The included schedule is provided as a courtesy to identify the level of coordination between trades. The dates/days identified in the attached schedule are to be considered approximate and a guide in scheduling activities with other trades. Each trade shall attend weekly progress coordination meetings with MGC to review, update, schedule, and coordinate work activities. Dates and durations identified in the attached schedule may be modified as mutually agreed upon during coordination meetings. Each trade shall include all necessary mobilizations and time needed for inspections to meet the schedule. Each trade shall include all requirements of their scope of work even if the activity is not shown in the draft schedule.

XXVI. LIQUID DAMAGES

The liquidated damages for this project are $1,500.00 per calendar day for not achieving substantiation completion within the stated timeframe and $1,500.00 per calendar day for failing to achieve final completion within the stated timeframe. Proposer shall reference the contract documents for additional damages that may be charged by MGC’ or the Owner. Liquidated damages are in addition to additional expenses incurred by MGC which may be passed along to Proposer as a result of Proposers failure to complete their scope of work within the time allotted.

XXVII. PROTECTION OF EXISTING FACILITIES

Proposer shall protect all existing property unless the removal is specifically identified or authorized in the Construction Drawings. Any existing property damaged shall be restored to its original condition.

All costs for restoring damaged property shall be borne by the Proposer.

XXVIII. PROPOSER MINIMUM SUPERVISION & OVERSIGHT REQUIREMENTS

For any Proposer who is physically performing work onsite, Proposer shall always have adequate and qualified supervisory personnel onsite any time work is being performed. Supervisory personnel shall be authorized by the Proposer’s company to make decisions related to the project, attend project meetings as determined by MGC Contractor’s, able to effectively communicate with MGC Contractor’s and other trades working onsite. Proposer shall provide contact information for a minimum of two (2) representatives who can be reached 24 hours per day for any after-hours or emergency needs.

XXIX. SCHEDULE, WORKING HOURS, & HOLIDAYS

Normal working time and days at the Project will be a single 8-hr shift Monday through Friday. Start and finish times will be seasonally adjusted and directed by MGC’ superintendent. Weekend and off-shift hours are subject to MGC’ and Owner’s prior approval. MGC’ recognizes the following holidays, and no work will be performed on these days:

• New Year’s Day

• Memorial Day

• Independence Day

• Labor Day

• Thanksgiving Day

• Day after Thanksgiving

• Christmas Eve

• Christmas Day

XXX. DELIVERIES

All deliveries to the project shall be coordinated with MGC’ Project Superintendent a minimum of 72 hours in advance of delivery. Failure to provide notice may result in rejection of delivery. Delivery hours are 7:00 am to 2:00 pm Monday through Friday. Proposer is responsible for unloading and properly storing of their materials.

XXXI. CONTROL POINTS

Horizontal and vertical primary control points will be provided. Each subcontractor is responsible for providing any additional control points for their layout from the primary control points and performing all layout required to complete their scope of work. All primary control points damaged by any subcontractor will be replaced by MGC at the subcontractor’s expense.

XXXII. INSPECTION

All work or material shall always be open for inspection and acceptance or rejection by the Project

Inspector. Any work covered or enclosed by the trade performing the work prior to inspection and acceptance shall be subject to being uncovered and reinstalled after acceptance at the expense of the subcontractor.

XXXIII. TRASH AND CLEANUP

Each trade shall be responsible for all cleanup of their trash and debris. Cleanup of work areas shall be performed “as you go” and prior to the end of the workday. MGC will only provide primary dumpsters at main locations on the project site. Each trade shall provide their own secondary trash containers within their work area if they so require. Each trade shall deposit trash from secondary trash containers into primary dumpsters.

XXXIV. WARRANTY

Warranty period shall be as specified in the general agreement or as identified within each specification section without regard for manufacturers or Subcontractors standard warranty period. Warranty shall commence after the applicable Completion Date or within such longer period of time as may be prescribed under the laws of Utah County, UT (such as laws related to patent or latent defects) or provided by the terms of any applicable special guarantee or warranty required by the Contract

Documents, any of the work is found to be defective and not in accordance with the Contract

Documents, the subcontractor/vendor shall correct it promptly at no cost to MGC’ and/or Owner after receipt of a written notice.

Proposers warrants and guarantees the work for a period of not less than (ONE 1) year from the date of

SUBSTANTIAL COMPLETION. An additional [ONE (1)] year warranty period shall commence from the date defective Work has been accepted by Owner for portions of the Work that are corrected during the warranty period.

XXXV. CONTRACT AND BID DOCUMENTS

The following Bidding/Contract Documents are critical to the Bid and made a condition of any contract agreement between MGC and Proposer. Each document should be thoroughly reviewed by the Proposers prior to submitting a proposal.

• Instructions to Proposers

• Bid Form

• Addenda - Issued During the Bid Process

• Prime CM/GC Contract - General Conditions

• Supplemental General Conditions

• Project Specifications

• Contract Drawings

• MGC Subcontract Agreement

• MGC Purchase Order Agreement

• Subcontract/PO Exhibits

• Preliminary Schedule

• Company Contact Instructions

XXXVI.PRIVACY NOTICE & PROTECTED INFORMATION

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 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.”

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 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

Best Value / CSP Instructions to Firms

BEST VALUE SELECTION CRITERIA AND INSTRUCTIONS

PURPOSE

Eagle Mountain City (Owner), MGC Contractors (CM/GC), and/or its designated representative has determined that the Competitive Sealed Proposals / Best Value method of procurement will provide the best value for the project. This procurement shall conform to Utah Government Code.

This document provides information about the requirements and evaluation criteria for this Best Value Selection / Request for Competitive Sealed Proposals (RFCSP).

EVALUATION OF PROPOSALS

The owner, engineer, and CM/GC will conduct a comprehensive and impartial evaluation of all proposals received in response to this request within fourteen (14) calendar days of receipt of the proposals. Owner and Engineer will appoint a selection committee to perform the evaluation. The selection committee will evaluate and rank each proposal in relation to the following selection criteria:

Price 25%

General Information Pass/Fail

Experience of the Project Team 25%

Project Approach 35%

Contractors Safety Performance 15%

Total 100%

During the evaluation and ranking of Firms’ proposals, MGC reserves the right to consider the following:

a. Whether the Firm can perform the contract within the specified time. In making this determination, MGC may consider Firm’s existing commitments, and whether in MGC’s sole discretion those commitments will adversely impact Firm’s ability to complete the work in the scheduled time.

b. The quality and punctuality of performance on any current or previous contacts.

c. MGC and/or selection committee members may contact references provided by the Firm, as well as any other references to verify qualifications, experience, and performance. In making this determination, MGC may consider work performed by the Firm on any project that Firm provides as references, and any other projects which MGC, Owner, or Engineer has knowledge thereof.

d. Firm’s previous and existing compliance with the applicable laws, ordinances, permits, and regulations. Firm must hold the correct license prior to submitting a statement of qualifications.

e. Firm’s financial resources and ability to fulfil the contract. MGC in its sole discretion may reject any Firm that does not possess the financial strength and capacity to undertake this project and the obligations and liabilities thereof. Subject to the complete review and finding of acceptability of the submitted financial information, Firms demonstrating an ability to provide the required performance and payment bonds and the ability to maintain a minimum aggregate net worth sufficient to undertake this project, as measured by either the Firm or a proposed Guarantor, shall be deemed to have the financial strength and capacity to undertake the project.

f. If Firm fails to provide a response to any of the Evaluation Criteria identified within these instructions, points may be deducted, or the proposal may be considered non-responsive and ineligible for consideration.

g. Information contained in the proposals will be considered confidential, and reasonable precautions will be taken to ensure the security of the documents. All data submitted will become and remain in the property of the CM/GC. None will be returned.

h. Firm must clearly label the specific portions sought to be kept confidential and specify the exemption that the Firm is relying upon. However, MGC does not represent or guarantee in any way that Firm’s financial statements will be protected from disclosure, even if identified by Firm as confidential or proprietary, in the event of a Public Information Request under MGC will notify the Firm of any public information requests relating to financial information marked as confidential by the Firm, and the Firm shall be responsible for defending its basis for exemption from disclosure in accordance with the Act.

DEFINITIONS

a. Personnel for the purpose of this request is defined as employees of the contractor, or any subcontractor(s), affiliates, joint venture partners, or team members, and consultants engaged by any of those entities.

b. The personnel specified below are considered by the MGC, Owner, and Engineer to be essential to the work being performed under this Contract, and as such are defined as Key Personnel. Key Personnel include the Project Manager, Project Superintendent, Quality Assurance and Quality Control Lead, and Safety Manager. Key Personnel shall be dedicated to this Project while onsite.

Prior to diverting any of the specified individuals to other projects, the contractor shall notify MGC reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the project. No diversion shall be made by the Firm without the written consent from MGC.

c. Key Subcontractors are defined as subcontractors that are responsible for executing a significant portion of the work, and as such are deemed to be essential to the work being performed under this Contract.

RESPONSE FORMAT

Price Proposal (Form Provided – Attachment A): 25 Points The Proposal with the lowest total price will receive Twenty-Five (25) points. Proposals will receive a percentage of the Twenty-Five (25) points based on a comparison with the lowest total price proposal as described below.

Computation Steps:

Step 1. Determine lowest total price and award 25 points for price.

Step 2. Calculate the ratio between the lowest total price and each proposal. Multiply the ratio by 25 to obtain the points earned.

Proposal Price Calculation Points Earned

A $1,000,000 (850,000.00/1,000,000) x 25 21.25 B $1,250,000 (850,000/1,125,000) x 25 17 C $910,000 (850,000/910,000) x 25 23.35 D $850,000 (850,000/850,000) x 25 25

General Information (Forms Provided – Attachment B): Pass / Fail The following information shall be provided on the form provided, titled Attachment B:

a. Provide current business organizational structure, type of business structure, and stability of organization.

b. Provide the Firms EIN or SSN as applicable. List the contractor licenses held by the firm.

To be considered for this project, the Firm must hold the correct license prior to submitting a statement of qualifications.

c. Indicate the number of years performing contracting/construction work under current legal business name and/or previous legal business name(s).

d. Provide any ownership changes in the last three (3) years.

e. Provide information on parent or subsidiary companies, if applicable.

f. Provide the total number of employees and annual company revenues for the previous three (3) years.

g. Provide debarment history, if any, for the company for the last ten (10) years.

h. Provide a current bank reference.

i. Provide any litigation, arbitration, and claims history for the last three (3) years and any litigation, arbitration, including claims history with Owner regardless of the year they occurred.

j. Provided insurance policies and current coverage limits.

k. Firm shall attach a letter from surety company to identify the company’s total…