1-EMC Health Benefits Broker.pdf

Eagle Mountain City

EMC Health and Benefits Broker

REQUEST FOR PROPOSAL (RFP) NO. EMC-FY26-06

RFP Due Date: January 16, 2026, by 5:00 P.M.

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

Issued: December 15, 2025

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. PROPOSAL EVALUATION CRITERIA 4

III. PROPOSAL RESPONSE OUTLINE 5

IV. INSURANCE REQUIREMENTS 7

V. TIMELINE 9

VI. ADMINISTRATIVE GUIDANCE 9

VII. ISSUING OFFICE AND RFP REFERENCE NUMBER 9

VIII. SUBMISSION OF PROPOSAL 10

IX. BID BOND 10

X. VENDOR PREQUALIFICATION 10

XI. INQUIRIES 10

XII. RESPONDENT’S RESPONSIBILITY FOR PROPOSAL COSTS 11

XIII. EVALUATION OF PROPOSALS 11

XIV. KEY COMPANY PERSONNEL 11

XV. ORAL PRESENTATION 12

XVI. AWARD OF THE CONTRACT 12

XVII. PROTECTED INFORMATION 12

XVIII. ADDENDUM TO RFP 12

XIX. AUTHORIZED REPRESENTATIVES 12

XX. ANTI-COLLUSION 13

XXI. RESTRICTIONS / CONFLICT OF INTEREST 13

XXII. RIGHT TO REJECT 13

ATTACHMENT A 14

OVERVIEW

I. INTRODUCTION

Eagle Mountain City is requesting proposals from responsible firms or individuals to assist in the management of its employee health insurance program. The qualified consultant will review and evaluate current plan designs and identify competitive options available to the city. Further, the selected consultant will provide strategic recommendations on an on-going basis for appropriate city-wide group health and welfare benefit plans.

It is anticipated that this RFP may result in a contract award to a single contractor.

This RFP is designed to provide interested offerors with sufficient basic information to submit proposals meeting minimum requirements but is not intended to limit a proposal’s content or exclude any relevant or essential data. Offerors are at liberty and are encouraged to expand upon the specifications to evidence service capability under any agreement.

Current Programs:

• We have 116 participating employees with 147 eligible employees and 440 total lives covered.

• Current HRIS is iSolved with an EDI file coming over from Bswift for our benefits portal.

• Health Plan is through MotivHealth. We have been with them for over 7 years now and would like to continue with their services. Employers cover 100% of premiums for employees and qualified dependents.

• Vision, Dental, Basic Life/AD&D, Voluntary Life/AD&D, Short-Term disability, and Long-Term disability through Sunlife (VSP for Vision). We are not interested in keeping SunLife, way too many pricing discrepancies making it difficult to reconcile. Vision, Dental, and Basic Life/AD&D premiums are covered 100% by employer for employees and qualified dependents.

• Supplemental (Accidental and Critical Illness Plans) Metlife.

• InsurChoice (Pet Insurance) not run through payroll but employee signs up through them and pays them directly.

• Employee Assistance Program is through Intermountain paid for by employer.

SCOPE OF SERVICES

• Provide analytical and strategic consulting services on an ongoing basis for group health and welfare benefit plans to the Manager of Insurance Benefits.

• Provide comprehensive underwriting/financial analysis services (i.e., project total annual funding levels, per member per year funding levels, forecast alternative funding scenarios, project future medical inflation scenarios, etc.

• Advise Eagle Mountain City on how/ways the group health and welfare benefit plans fit into the

City’s overall compensation and benefit objectives.

• Advise Eagle Mountain City as to whether current providers are best meeting the needs of the city and/or whether new providers should be sought in light of current and future costs.

• Review Eagle Mountain City’s current group health and welfare benefit plan to ensure compliance with State and Federal laws governing insurance (i.e., HIPAA, COBRA, ERISA, USERRA, FMLA, etc.)

• Assist with the RFP process for selection of carrier(s) and/or TPA(s) for group health and welfare benefit plans.

• Assist in the negotiation of the contractual terms between Eagle Mountain City and selected providers of group health and welfare benefit plans.

• Ensure that all contracts, plan documents and summary plan descriptions are produced and executed in a timely manner. Review and advise Eagle Mountain City as to whether the contract meets the term negotiated.

• Regularly review carrier(s) options and recommend implementation on a quarterly basis to the

Manager of Insurance Benefits.

• Secure renewal estimates for the upcoming plan year in a timely manner, preferably in early

March. Evaluate the renewal proposals and report findings to Eagle Mountain City in writing.

The consultant should have the ability and skill to negotiate the renewal proposals when appropriate.

• Act as a liaison between Eagle Mountain City, its individual employees and the insurance providers in resolving problems with an emphasis on seeking long-term solutions.

• Assist in the design, production and distribution of benefit information including but not limited to enrollment materials.

II. 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.

III. 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.

POTENTIAL PROPOSAL EVALUATION CRITERIA

Evaluation Criteria Description Percentage

Firm Experience and Qualification

Qualifications and experience of the firm. Demonstrated expertise and subject matter expertise in the requested Scope of Services. Includes but not limited to the strength of references provided, preferably with a background similar to Eagle Mountain City. Describe what distinguishes your company from others in the industry.

25%

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. Ability to demonstrate a history of negotiated rates and benefits.

25%

Functional Approach The Firm’s project team demonstrates the overall strategy in managing and enhancing the city’s group health and welfare employee benefit program.

20%

Technical Approach Provide an overview of electronic features (benefit portals, websites, etc.) your organization has available. If electronic features are at an additional cost, detail charges.

17%

Cost An itemized description of each cost and how costs will be determined for any/all aspects of the proposer’s services.

10%

Introduction

Introductory Letter contains all the information requested.

3%

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.

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

1. Proposed Project Team Organization and Qualifications: Briefly describe your organization and its structure. Include your experience and qualifications in servicing large groups and carrier alliances. Describe your experiences with other local government entities. Describe what distinguishes your company from others in the industry.

2. Proposed Project Team Peformance on Past Projects: Provide information for similar work that demonstrate your Firm’s ability to accomplish this project in a timely manner.

3. References: The proposer shall submit a minimum of (3) references. If possible, these should be other local government or Public Entities: The name of the organization, phone number, business address, the name of the contact person and the contact person’s email address.

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 objective. 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. Briefly describe data systems, software, strategic evaluation programs and any other service that will bring and enhanced benefit to Eagle Mountain City.

8. Outline the underwriting services your firm can provide, independent of carrier underwriting.

Provide with your proposal a sample of claims utilization report developed by your firm. If independent underwriting is an additional cost, detail charge. List the names of your underwriting staff or name of the firm contracted to provide this service and location of these services.

9. Describe your COBRA services that would be available to Eagle Mountain City. Indicate the COBRA compliant software system being utilized. List the names of your COBRA staff or the name of the firm contracted to provide this service. If independent COBRA is an additional cost, detail charge and location of these services.

10. Outline a wellness campaign on behalf of Eagle Mountain City employees, designed to promote health awareness. If independent wellness programs are an additional cost, detail charge.

11. With an emphasis on other local entities, provide at least three examples of value the consultant added to specific insurance placements in the last five years.

12. Describe any unique services or special expertise your consulting firm offers that might be of value to Eagle Mountain City.

13. Assist with yearly ACA reporting, if there is an additional fee for this include what that is.

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 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 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 December 15, 2025

Questions from Firms Due December 31, 2025

Questions and Answers Posted January 6, 2026

Proposals Due January 16, 2026, at 5:00 PM

Anticipated Contract Award February 16, 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.

VII. ISSUING OFFICE AND RFP REFERENCE NUMBER

Eagle Mountain City Human Resources is the issuing office for this RFP and all subsequent addenda. The reference number for this RFP is EMC-FY26-06. 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 December 15, 2025, 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 January 16, 2025, at 5:00 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 and failure to provide a complete submittal may result in rejection of the response.

IX. BID BOND

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 cost of the bid bond should be entered as a line item in the RFP cost proposal.

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.

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.

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

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 December 31, 2025. Questions submitted after the deadline will not be addressed.

XII. 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.

XIII. 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.

XIV. 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.

XV. 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.

XVI. 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.

XVII. 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

XVIII. 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.

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.

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

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

XX. 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.

XXI. 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.

XXII. 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.

ATTACHMENT A

Bid Form

Project Name: EMC Health & Benefits Broker

Project Number: EMC-FY26-06

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.

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 - ATTACHEMENTS TO THIS BID

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

A. Bid Form B.

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: ____________________________________________

Attest ____________________________________________________________

(Signature of Corporate Secretary)

SEAL,

if required by State

SEAL,

if required by State

CORPORAT

E SEAL,

if required by

State

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, if required by State

SEAL,

if required by State