7-EM 4.0MG Tank Project Manual 08-28-2025 REV2.pdf

CONTRACT DOCUMENTS,

STANDARD SPECIFICATIONS

AND

SPECIAL PROVISIONS

FOR THE

EAGLE MOUNTAIN

4.0 MG WATER STORAGE TANK

PREPARED BY:

SUNRISE ENGINEERING

6875 S 900 E ST

MIDVALE, UT 84047

TEL: 801-523-0100

FAX: 801-523-0990

08/28/2025

CONTRACT DOCUMENTS

i

TABLE OF CONTENTS

FOR

EAGLE MOUNTAIN 4.0MG WATER STORAGE TANK

CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION

CONTRACT DOCUMENTS NO OF PAGES

Eagle Mountain Bid Documents Bid Form Bid Schedule

404 Bid Bond 406 Performance Bond 407 Payment Bond

Notice of Intent to Award Notice to Proceed

410 Pay Application 410A Pay Application Continuation Sheet

Contract Change Order 412 Field Work Order 413 Notice of Substantial Completion 414 Notice of Final Acceptance

DIVISION 00 – CONDITIONS OF THE CONTRACT

00 72 00 General Conditions

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 Summary of Work 01 22 00 Measurement & Payment 01 25 00 Product Options and Substitutions 01 26 00 Contract Modification Procedure 01 29 00 Payment Procedures 01 31 13 Coordination 01 31 15 Preconstruction Conference 01 31 20 Partnering 01 32 16 Progress Schedule 01 33 00 Submittal Procedure 01 35 10 Acceptance 01 42 19 References 01 43 00 Quality Assurance 01 43 40 Resident Superintendent 01 45 00 Quality Control 01 55 26 Traffic Control 01 57 00 Temporary Controls 01 64 00 Owner-furnished Products 01 65 00 Product Delivery and Handling 01 66 00 Product Storage and Protection 01 71 13 Mobilization and Demobilization 01 71 23 Construction Layout 01 71 34 Survey Referencing 01 73 29 Cutting and Patching 01 74 13 Progress Cleaning 01 75 16 Startup Procedures 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents ii

01 78 50 Closeout Procedures

DIVISION 02 – EXISTING CONDITIONS

02 41 14 Pavement Removal

DIVISION 03 - CONCRETE

03 20 00 Concrete Reinforcing 03 30 04 Concrete 03 30 05 Concrete Testing 03 30 10 Concrete Placement 03 35 00 Concrete Finishing 03 39 00 Concrete Curing 03 40 00 Precast Concrete 03 61 00 Cementitious Grouting 037000SP Pre-Stressed Concrete Water Storage Tank

DIVISION 05 - METALS

05 05 10 Metal Galvanizing 05 05 23 Bolts, Nuts and Accessories

DIVISION 31 - EARTH WORK

31 05 13 Common Fill 31 11 00 Site Clearing 31 23 16 Excavation 31 23 17 Rock Removal 31 23 23 Backfilling for Structures 31 23 26 Compaction 31 25 00 Erosion and Sedimentation Control 31 37 00 Riprap or Rock Lining 31 41 00 Shoring

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 01 10 Relocate Fences and Gates 32 01 90 Maintenance of Planting 32 05 10 Backfilling Roadways 32 11 23 Aggregate Base Courses 32 12 03 Asphalt Binder 32 12 05 Bituminous Concrete 32 12 13.13 Tack Coat 32 12 13.19 Prime Coat 32 12 16.13 Plant Mix Bituminous Pavement 32 31 13 Chain Link Fences & Gates 32 91 19 Landscape Grading 32 92 00 Turf and Grass 32 93 13 Ground Cover

DIVISION 33 – UTILITIES

33 05 07 Polyethylene Pipe 33 05 07 Polyvinyl Chloride Pipe iii

33 05 14 Utility Grade Adjustment 33 05 20 Backfilling Trenches 33 05 25 Pavement Restoration 33 08 00 Commissioning of Water Utilities 33 11 00 Water Distribution and Transmission 33 12 16 Water Valves 33 13 00 Disinfection 33 41 00 Drainage Systems

ELECTRICAL

16010 Electrical General Requirements 16150 Electrical Control Devices 16400 Service and Distribution Systems 16410 Fuses 17310 Submersible Pressure Transducer 17355 Magnetic Door Switches

CONTRACT DOCUMENTS

Eagle Mountain City

EMC Scarlet 009 4 MG Water Tank

REQUEST FOR PROPOSAL (RFP) NO. EMC-FY26-01

RFP Due Date: September 4th, 2025, by 12:00 P.M.

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

Issued: August 7, 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

Revision 8: November 5, 2024. 2

TABLE OF CONTENTS

OVERVIEW 3

I. INTRODUCTION 3

II. SCOPE OF SERVICES 3

III. PROPOSAL EVALUATION CRITERIA 3

IV. PROPOSAL RESPONSE OUTLINE 4

IV. INSURANCE REQUIREMENTS 6

V. TIMELINE 7

VI. ADMINISTRATIVE GUIDANCE 7

VII. ISSUING OFFICE AND RFP REFERENCE NUMBER 8

VIII. SUBMISSION OF PROPOSAL 8

IX. BID BOND 8

X. VENDOR PREQUALIFICATION 9

XI. INQUIRIES 9

XII. RESPONDENT’S RESPONSIBILITY FOR PROPOSAL COSTS 9

XIII. EVALUATION OF PROPOSALS 9

XIV. KEY COMPANY PERSONNEL 10

XV. ORAL PRESENTATION 10

XVI. AWARD OF THE CONTRACT 10

XVII. PROTECTED INFORMATION 10

XVIII. ADDENDUM TO RFP 11

XIX. AUTHORIZED REPRESENTATIVES 11

XX. ANTI-COLLUSION 11

XXI. RESTRICTIONS / CONFLICT OF INTEREST 11

XXII. RIGHT TO REJECT 11

ATTACHMENT A – BID FORM 13

ATTACHMENT B – BID SCHEDULE 17

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OVERVIEW

I. INTRODUCTION

Eagle Mountain City is requesting proposals from responsible firms or individuals for the construction of a new 4 Million Gallon AWWA D115 pre stressed water tank located just East of Pole Canyon Blvd.

II. SCOPE OF SERVICES

This project includes the excavation for and construction of a 4 million Gallon AWWA D115 tank with the associated access road and site piping as shown in the attached plans & specifications. In order to bid on this project, contractor shall be a qualified pre-stressed AWWA D115 contractor. A qualified pre-stressed AWWA D115 contractor is a contractor who has completed a minimum of 3 AWWA D115 pre-stressed tanks larger than or equal to 2 million gallons.

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. Three (3) 2 million plus gallon, AWWA D115 post

25%

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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 ability 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.

tension tank builds in the last 5 years.

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%

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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 / BID SCHEDULE. 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

Revision 8: November 5, 2024. 6 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

Revision 8: November 5, 2024. 7

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 August 7, 2025

Mandatory Site Walk / Meeting August 14, 2025 @ 2:00 PM at EMC Public Works 2565 N Pony Express Pkwy, Eagle Mountain UT

Questions from Firms Due August 27, 2025 @ 5:00 PM

Questions and Answers Posted August 28, 2025 @ 5:00 PM

Proposals Due September 04, 2025, at 12:00 PM (noon)

Anticipated Contract Award September 18, 2025

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.

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VII. ISSUING OFFICE AND RFP REFERENCE NUMBER

Eagle Mountain City Public Works is the issuing office for this RFP and all subsequent addenda. The reference number for this RFP is EMC-FY26-01. 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 August 7, 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 September 04, 2025 at 12:00 PM (noon).

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

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

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 certified check or 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.

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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 August 27, 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

Revision 8: November 5, 2024. 10 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

Revision 8: November 5, 2024. 11 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.

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

Revision 8: November 5, 2024. 12 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.

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ATTACHMENT A – BID FORM

Bid Form

Project Name: Scarlet 009 4 MG Water Tank Project Number: EMC-FY26-01

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.

Revision 8: November 5, 2024. 14

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:

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A. Bid Form B. Bid schedule

ARTICLE 5 - BID SUBMITTAL

5.01 This Bid is submitted by:

An Individual

Name (typed or printed): ____________________________________________________

By: _____________________________________________________________________ (Individual’s signature)

Doing business as: _______________________________________________________________

A Partnership

Partnership Name: _________________________________________________________

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

Name (typed or printed): __________________________________________________________

A Corporation

Corporation Name: _______________________________________________________________

State or Jurisdiction of Incorporation: ______________________________

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

By: ___________________________________________________________________ (Signature -- attach evidence of authority to sign)

Name (typed or printed): ___________________________________________________________

Title: ____________________________________________

SEAL,

if required by State

SEAL,

if required by State

CORPORAT

E SEAL,

if required by State

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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): ____________________________________________________________

Title: ____________________________________________

Second Joint Venture Name: ____________________________________________________

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

Name (typed or printed): ____________________________________________________________

Title: ____________________________________________

(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

Revision 8: November 5, 2024. 17

ATTACHMENT B – BID SCHEDULE

Form 404

Sunrise Engineering, Inc. Bid Bond Bidding Documents

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, (Contractor’s Name) as Principal, and as Surety, are hereby (SURETY’S Name) held and firmly bound unto EAGLE MOUNTAIN CITY as OWNER in the penal sum of (OWNERS Name) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed this day of , 2025.

The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for

NOW, THEREFORE,

(a) If said BID shall be rejected, or

(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a bond or bonds as may be specified in the CONTRACT DOCUMENTS with surety acceptable to the OWNER and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

(L.S.)

(Principal)

(Name of Surety)

By:

(Signature)

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

BID BOND

Form 406

Sunrise Engineering, Inc. Performance Bond Contract Documents

KNOW ALL PERSONS BY THESE PRESENTS THAT:

Name of CONTRACTOR

Address of CONTRACTOR a , hereinafter called PRINCIPAL and (Corporation), (Partnership) or (Individual)

Name of SURETY

Address of SURETY hereinafter called SURETY, are held and firmly bound unto

Eagle Mountain City

2565 N. Pony Express Pkwy., Eagle Mountain, UT 84005 hereinafter called OWNER, in the total aggregate penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that, whereas the PRINCIPAL entered into a certain contract with the OWNER, DATED THE day of , 2025, a copy of which is hereto attached and made a part of the construction contract for .

(Insert Contract Name)

NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said CONTRACT during the original term thereof, and any extensions thereof which may be granted by the OWNER with or without notice to the SURETY and during the one year guaranty period; and if the PRINCIPAL shall satisfy all claims and demand incurred under such contract; and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so; and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default; then this obligation shall be void, otherwise to remain in full force and effect.

PROVIDED, that the said SURETY, for value received hereby stipulates and agrees that no change, extension or time, alteration or addition to the terms of the CONTRACT or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the CONTRACT or to the WORK or to the SPECIFICATIONS.

PROVIDED FURTHER, that it is expressly agreed that this BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto; upon amendment to the CONTRACT not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CONTRACT as amended. The term "AMENDMENT"; wherever used in this BOND and

PERFORMANCE BOND

Form 406

Sunrise Engineering, Inc. Performance Bond Contract Documents whether referring to this BOND, the CONTRACT or the LOAN DOCUMENTS shall include any alteration, addition, extension or modification of any character whatsoever.

PROVIDED FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. The OWNER is the only beneficiary hereunder.

IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this day of , 2025.

PRINCIPAL'S ATTEST:

PRINCIPAL

By:

(SEAL) Address:

Witness as to PRINCIPAL

Address

SURETY'S ATTEST:

By:

(SEAL) Address:

Witness as to SURETY

Address

PLEASE NOTE:

1. Date of BOND must not be prior to date of CONTRACT.

2. If CONTRACTOR is partnership, all partners should execute BOND.

3. Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular

570 as amended) and be authorized to transact business in the State where the project is located.

4. Use of this form as an instrument of SURETY for this project is not mandatory. Use of other forms normally deemed acceptable in the State wherein the project is located may be allowed.

Form 407

Sunrise Engineering, Inc. Payment Bond Contract Documents

KNOW ALL PERSONS BY THESE PRESENTS THAT:

Name of CONTRACTOR

Address of CONTRACTOR a , hereinafter called PRINCIPAL and (Corporation), (Partnership) or (Individual)

Name of SURETY

Address of SURETY hereinafter called SURETY, are held and firmly bound unto

Eagle Mountain City

2565 N. Pony Express Pkwy., Eagle Mountain, Utah, 84005 hereinafter called OWNER, in the total aggregate penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that, whereas the PRINCIPAL entered into a certain contract with the OWNER, dated the day of , 2025, a copy of which is hereto attached and made a part of the construction contract for Eagle Mountain 4.0 MG Water Storage Tank.

NOW, THEREFORE, if the PRINCIPAL shall promptly make payments to all persons, firms and corporations furnishing materials for, or performing labor in the prosecution of the WORK provided for in such contract; and any authorized extensions or modifications thereof, including amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK; and for all labor costs incurred in such WORK, including that by a sub-contractor; and to any mechanic or materialman , lienholder; whether it acquires its lien by operation of State or Federal law; then this obligation shall be void, other wise to remain in full force and effect.

PROVIDED, that beneficiaries or claimants hereunder shall be limited to the sub-contractors and persons, firms and corporations having a direct contract with the PRINCIPAL or its sub-contractors.

PROVIDED FURTHER. that the said SURETY, for value received hereby stipulates and agrees that no change, extension or time, alteration or addition to the terms of the CONTRACT or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND;

and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the CONTRACT or to the WORK or to the SPECIFICATIONS.

PROVIDED FURTHER, that no suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the PRINCIPAL shall have given written notice to any two of the following: the PRINCIPAL, the OWNER or the SURETY above named within ninety (90) days after such claimant did or performed the last of the WORK or labor, or furnished the list of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the WORK or labor was done or performed. Such notice shall be served by mailing the

PAYMENT BOND

Form 407

Sunrise Engineering, Inc. Payment Bond Contract Documents same by registered mail or certified mail, postage prepaid, in an envelope addressed to the PRINCIPAL, OWNER or SURETY, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public office. (b) After the expiration of one (1) year following the date of which PRINCIPAL ceased WORK on said CONTRACT, it being understood; however, that if any limitation embodied in the BOND is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.

PROVIDED FURTHER, it is expressly agreed that this BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto; upon amendment to the CONTRACT not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CONTRACT as amended. The term "AMENDMENT"; wherever used in this BOND and whether referring to this BOND, the CONTRACT or the LOAN DOCUMENTS shall include any alteration, addition, extension or modification of any character whatsoever.

PROVIDED FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. The OWNER is the only beneficiary hereunder.

IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this day of , 2025.

PRINCIPAL'S ATTEST:

PRINCIPAL

By:

(SEAL) Address:

SURETY'S ATTEST:

SURETY

By:

Attorney-in-Fact

(SEAL) Address:

PLEASE NOTE:

1. Date of BOND must not be prior to date of CONTRACT.

2. If CONTRACTOR is partnership, all partners should execute BOND.

3. Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular

570 as amended) and be authorized to transact business in the State where the project is located.

4. Use of this form as an instrument of SURETY for this project is not mandatory. Use of other forms normally deemed acceptable in the State wherein the project is located may be allowed.

Notice of Intent to Award

Date: __________________

Project: Eagle Mountain City

Owner: Eagle Mountain City

Project No.:

Bidder:

Bidder's Address:

Bidder Email:

Bidder Phone:

You are hereby notified that your BID in the amount of $ .

has been reviewed and selected for award. You will be contacted by Eagle Mountain City to complete the necessary contract and provide bonds and insurance as applicable.

You are required to return an acknowledged copy of this NOTICE OF INTENT TO AWARD to Eagle

Mountain City purchasing agent Melissa Yates, Myates@emcity.org

Dated this day of , 20 .

Eagle Mountain City

Owner

By

Title

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF INTENT TO AWARD is hereby acknowledged

By ___________________________________________ this the _______day of ___________________ , ______

By ___________________________________________

Title

Melissa Yates

Notice to Proceed

Date: ___________________

Project: Project No.:

Owner: Eagle Mountain City *See attached contract

Contractor:

Contractor’s Address:

Commencement Date: Substantial Completion Date: Project Completion Date:

You are notified that the Contract Times under the attached Contract will commence to run as stated above. On or before that date, you are to start performing your obligations under the Contract Documents. The date of

Substantial Completion and the date of Project completion are listed above and in the attached contract.

Before you may start any Work at the Site, you and Owner must each deliver to the other:

• A fully executed contract.

• Certificates of insurance.

• Any Performance & Payment bonds, which you are required to purchase and maintain in accordance with the

Contract Documents.

Also, before you may start any Work at the Site, you must:

Owner

Given by: Authorized Signature

Title

Date

Copy to Engineer & Project Manager

Form 410

CONTRACT NO.

APPLICATION FOR PAYMENT PAYMENT NO.

PAGE OF

OWNER: Eagle Mountain City CONTRACTOR: PERIOD OF ESTIMATE

FROM:

TO:

CONTRACT CHANGE ORDER SUMMARY TABULATION OF PAYMENT

NO. APPROVAL AMOUNT 1. Original Contract Price.................................................. -$

DATE ADDITIONS DEDUCTIONS 2. Change Orders................................................................... -$

3. Revised Contract Price (1 + 2)....................................... -$

4. Total Value of Work Completed to Date * ............................................ -$

5. Allowance for Materials Stored on this Date*................ -$

6. Subtotal (4+5)................................................................. -$

7. Previously earned by Contractor (Prev. #6).................. -$

8. Value of Work Completed this Period (6-7)................... -$

9. Retainage Held Prior to this Payment (Prev. #11) ......................... -$

10. Retainage to be Held from this Payment ( 10% of 8)......................... -$

11. Total Retainage to be Held (9+10)................................... -$

TOTALS -$ -$ 12. Payment Due Contractor this Period (8-10)...