Eagle Mountain City

EMC Design Phase 2 Pony Express Widening - Shadow Dr to

EM Wastewater Plant

REQUEST FOR PROPOSAL (RFP) NO. EMC-FY27-04

RFP Due Date: October 7, 2026, by 12:00 P.M.

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

Issued: September 21, 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 6

IV. PROPOSAL RESPONSE OUTLINE 7

IV. INSURANCE REQUIREMENTS 8

V. TIMELINE 10

VI. ADMINISTRATIVE GUIDANCE 10

VII. ISSUING OFFICE AND RFP REFERENCE NUMBER 10

VIII. SUBMISSION OF PROPOSAL 10

IX. VENDOR PREQUALIFICATION 11

X. INQUIRIES 11

XI. RESPONDENT’S RESPONSIBILITY FOR PROPOSAL COSTS 11

XII. EVALUATION OF PROPOSALS 11

XIII. KEY COMPANY PERSONNEL 12

XIV. ORAL PRESENTATION 12

XV. AWARD OF THE CONTRACT 12

XVI. PROTECTED INFORMATION 12

XVII. ADDENDUM TO RFP 13

XVIII. AUTHORIZED REPRESENTATIVES 13

XIX. ANTI-COLLUSION 13

XX. RESTRICTIONS / CONFLICT OF INTEREST 13

XXI. RIGHT TO REJECT 14

XXII. PRIVACY NOTICE 14

ATTACHMENT A 15

ATTACHMENT B 19

https://purchasing.utah.gov/

Revised: February 2026 3

OVERVIEW

I. INTRODUCTION

Eagle Mountain City is requesting proposals from responsible firms or individuals for Traffic Signal

Installation at Pony Express Pkwy and Trail Head Road in Eagle Mountain City.

II. SCOPE OF SERVICES

Eagle Mountain City is seeking detailed estimates and costs from qualified engineering consultants to provide professional engineering services for final design of the Pony Express Parkway Widening Project.

The project extends from the southern access of Unified Fire Authority Eagle Mountain Fire Station 251 south to the southern access of the Eagle Mountain City Wastewater Treatment Plant (2515 N Pony Express Pkwy, Eagle Mountain, UT 84005).

Pony Express Parkway is currently generally a three-lane roadway within the project limits. The proposed project will widen the roadway to a five-lane section consisting of two travel lanes in each direction and a continuous center turn lane. Widening is anticipated to occur primarily west of the existing pavement within City-established right-of-way.

The project includes new traffic signals at Parkway Fields Boulevard and Pole Canyon Boulevard, intersection improvements, drainage, trails, park strip, landscaping, street lighting, utility coordination, and other improvements necessary to provide a complete roadway corridor.

The following scope of work shall be included in the estimate:

Project Management and Coordination

• Conduct a kickoff meeting with Eagle Mountain City staff and coordinate regularly with City

Engineering staff throughout design.

• Develop and maintain a project schedule identifying the 30%, 50%, 90%, and 100% design submittals, 50%, 90%, and 100% Engineer’s Estimate, City review periods, utility coordination, and bid-package completion.

• Coordinate with affected utility providers, adjacent property owners, agencies, and other stakeholders as necessary.

Survey, Existing Conditions, and Field Verification Perform the survey, field investigation, and verification necessary to establish existing conditions and support final design. Field verification shall include, as applicable:

• Roadway horizontal and vertical geometry, pavement limits, cross slopes, curb, trail, access points, and tie-in conditions.

• Existing drainage patterns and storm drain infrastructure.

• Existing utilities and potential aboveground and underground conflicts.

• Existing street lighting, electrical infrastructure, traffic control devices, signing, and striping.

• Existing landscaping, irrigation, park strip improvements, right-of-way, and known easements.

Potential conflicts shall be identified early in design and coordinated with the City before development of the final design solution.

Revised: February 2026 4

Roadway Design Design Pony Express Parkway as a five-lane roadway consisting of two northbound travel lanes, two southbound travel lanes, and a continuous center two-way left-turn lane and/or dedicated intersection turn lanes as appropriate. The widening shall occur primarily west of the existing pavement and remain within City-established right-of-way to the extent feasible. Designs to follow the latest City Code, APWA, and MUTCD.

• Develop roadway horizontal and vertical alignments, grading, curb and gutter, and transitions to existing improvements.

• Provide a coordinated north tie-in to the Pony Express Parkway widening plans prepared by

Avenue Consultants dated April 3, 2026, including roadway geometry, grading, drainage, pavement, striping, trails, landscaping, and other applicable improvements.

Traffic Signals and Intersection Design Design new traffic signals at Parkway Fields Boulevard and Pole Canyon Boulevard. Signalized intersection design shall include appropriate through and turn-lane configurations, turn-lane storage and tapers based on anticipated queues, signal poles and mast arms, foundations, controller equipment, conduit, pull boxes, detection, pedestrian equipment, signing, striping, accessible pedestrian facilities, lighting, grading, and drainage modifications as applicable.

Parkway Fields Boulevard: Design the intersection and new traffic signal to support the widened Pony Express Parkway section and anticipated traffic operations.

Pole Canyon Boulevard: In addition to the signal design, realign and widen the west leg of Pole Canyon Boulevard to a full roadway section and properly align it with the existing east leg. Provide appropriate horizontal and vertical transitions into existing improvements.

Traffic Engineering

• Review available City traffic studies, counts, projected traffic volumes, and other relevant traffic information.

• Evaluate intersection lane configurations and determine appropriate left-turn and right-turn storage lengths at Parkway Fields Boulevard and Pole Canyon Boulevard based on anticipated queues.

• Coordinate final traffic assumptions and intersection configurations with the City.

Drainage

• Evaluate existing drainage conditions and prepare roadway drainage calculations for the widened corridor.

• Design required storm drain facilities, modifications, relocations, and tie-ins to existing systems.

• Coordinate drainage design with roadway profile, grading, utilities, trails, landscaping, and intersection improvements.

Trails, Park Strip, Landscaping, Irrigation, and Street Lighting

• Design trail, park strip, and pedestrian improvements consistent with applicable City standards and adjacent existing or planned facilities, including appropriate transitions at intersections, driveways, accesses, and project limits.

Revised: February 2026 5

• Provide street lighting design for the widened corridor and both signalized intersections, including evaluation of existing infrastructure for reuse, relocation, modification, or replacement.

• North of Pole Canyon Boulevard, landscaping shall generally match the existing landscaping on the opposite side of Pony Express Parkway and consist primarily of sod, shrubs, and similar landscape treatment.

• South of Pole Canyon Boulevard, landscaping shall generally match the xeriscape landscaping adjacent to Available Storage Boat & RV, including similar rock, plant materials, and drought-tolerant treatment.

• Provide irrigation design as required and coordinate landscaping with sight distance, utilities, lighting, drainage, trails, and traffic signal equipment.

Utility Coordination

• Identify existing utilities and potential conflicts within the project limits.

• Coordinate with utility providers to determine relocation requirements and schedules.

• Clearly identify known utility conflicts, anticipated relocations, and coordination requirements in the construction documents.

Design Submittals and City Review Provide formal design submittals at the following milestones:

• 30% Design – Preliminary layout, roadway geometry, intersection concepts, existing conditions, identified utility conflicts, drainage approach, and design issues requiring City direction.

• 50% Design – Developed plan and profile, intersection and signal layouts, drainage, trail, lighting and landscaping design, utility coordination, preliminary quantities, and Engineer’s Estimate of Construction Cost.

• 90% Design – Substantially complete construction plans and project-specific bid documents, finalizing quantities and Measurement & Payment provisions, with an updated Engineer’s Estimate of Construction Cost.

• 100% Design – Final signed and sealed construction plans, final project-specific bid documents, final quantities and Measurement & Payment provisions, and final Engineer’s Estimate of Construction Cost suitable for bidding and construction.

Address City review comments between each milestone and provide a comment-response matrix with subsequent submittals.

Bid Documents Prepare project-specific bidding documents using Eagle Mountain City-provided templates. The bid package shall be suitable for City advertisement and contractor bidding with minimal additional technical preparation by City staff and shall include, at a minimum:

• Project scope and description.

• Bid schedule and construction quantities.

• Measurement & Payment provisions for bid items.

• Final construction plan set and supporting technical attachments.

Revised: February 2026 6

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 of Services

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

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 7

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.

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.

Revised: February 2026 8

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 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 with 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:

Revised: February 2026 9

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

Revised: February 2026 10

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.

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

The reference number for this RFP is EMC-FY27-04. 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 September 21, 2026, at purchasing.utah.gov (select the search bar> select Current Bids > enter “EM” > select search.) Sealed proposals will then be accepted online via purchasing.utah.gov procurement portal until, October 7, 2026, at 12:00 PM. Proposals submitted after this deadline will be rejected. All proposals, upon submission to the City, shall become

City property.

Revised: February 2026 11

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. 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.

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 September 30, 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

Revised: February 2026 12 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 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

Revised: February 2026 13

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.

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.

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 14

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 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 15

ATTACHMENT A

Bid Form

Project Name: EMC Design Phase 2 Pony Express Widening – Shadow Dr. to EM Wastewater Plant

Project Number: EMC-FY 27-04

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.

Revised: February 2026 16

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

Revised: February 2026 17

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): ___________________________________________________________

SEAL,

if required by State

SEAL,

if required by State

CORPORAT

E SEAL,

if required by

State

Revised: February 2026 18

Title: ____________________________________________

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 19

ATTACHMENT B