1-Oscarson Park Community Outreach, Programming, and Design (1).pdf

STANSBURY SERVICE AGENCY

PARKS & RECREATION

1 COUNTRY CLUB DRIVE, SUITE 1

STANSBURY PARK, UTAH 84074

GENERAL MANAGER JIM HANZELKA

PROJECT MANAGER SHAWN CHIDESTER

STATEMENT OF QUALIFICATIONS & INTEREST

for

COMMUNITY ENGAGEMENT, PROGRAMMING,

AND DESIGN CONSULTANT FOR THE

OSCARSON PARK OUTDOOR RECREATIONAL AREA

TABLE OF CONTENTS

Document Name Number of Pages

00001 Table of Contents

00100 Solicitation for CONSULTANT

00300 Instructions to CONSULTANT

00310 Supplemental Instructions

00320 Preference Ranking Form

00400 Request for Statements of Qualifications and Interest Form

00410 Ethical Standards Form

00500 Professional Services Agreement

00700 General Conditions

01110 Summary of Work

01290 Payment Procedure

DOCUMENT 00100

SOLICITATION FOR CONSULTANT

PART 1 GENERAL

1.1 PROFESSIONAL SERVICE CONTRACT

A. CONSULTANTS are invited to submit a statement of qualifications and interest to provide services for a contract named COMMUNITY ENGAGEMENT, PROGRAMMING, AND DESIGN CONSULTANT FOR THE OSCARSON PARK

OUTDOOR RECREATIONAL AREA.

B. For additional information concerning this job, please contact Shawn Chidester by email at s.chidester@stansburypark.gov. Questions are due at 4:00 p.m. on January

16th, 2026. Responses to questions will be issued via an addendum tentatively scheduled for release on January 20th, 2026.

C. CONSULTANTS should be made aware that Stansbury Service Agency (SSA) is an equal opportunity employer.

1.2 DESCRIPTION OF WORK

A. The work will consist of providing the SSA with community/civic engagement, planning, and design services for the site development, improvements, and recreational usage of Oscarson Park. The SSA anticipates the Consultant to provide all necessary data and documents associated with the planning and designs for Oscarson Park, including architectural, engineering, and construction plans, but does not anticipate any construction as part of this contract. More detailed project information is provided in

Document 01110.

1.3 EXAMINATION AND PROCUREMENT OF DOCUMENTS

The scope of work and submittal requirements will be available on November 21st, 2025.

The documents can be viewed and downloaded at the following websites:

www.stansburypark.gov/bid-contracts-awarded/.

1.4 SUBMISSIONS

A Statement of Qualifications and Interest (Document 00400) may be submitted by email or in person to 1 Country Club Drive, Suite 1, Stansbury Park, UT 84074 by 4:00 pm, January 27th, 2026.

LATE SUBMISSIONS WILL NOT BE ACCEPTED.

1.5 RIGHT TO REJECT SOLICITATION

The SSA reserves the right to reject any or all statements of qualifications and interest or to waive any informality or technicality if deemed to be in the best interest of the SSA.

1.6 AMERICANS WITH DISABILITIES (ADA)

In compliance with the Americans with Disabilities Act (ADA), the following information is provided: Shawn Chidester at (657) 583-7530 or s.chidester@stansburypark.gov.

If assistance is required, please contact the above office 72 hours before the due date.

mailto:s.chidester@stansburypark.gov http://www.stansburypark.gov/ mailto:s.chidester@stansburypark.gov

1.7 COMPLY WITH LAWS, ORDINANCES, REGULATIONS, AND RULES

CONSULTANT will be required to obey all federal, state, county, and municipal laws, ordinances, regulations, and rules applicable to its operations. Said laws include, but are not limited to, the Equal Employment Opportunity laws, the Fair Labor Standards Act, Occupational Safety & Health Administration (OSHA) laws, Family Medical Leave Act

(FMLA), the Americans with Disabilities Act (ADA), and the Utah Immigration

Accountability and Enforcement Act (Utah Code Title 63G, Chapter 12). Any violation of applicable laws shall constitute a breach of the COMMUNITY ENGAGEMENT, PROGRAMMING, AND DESIGN CONSULTANT FOR THE

OSCARSON PARK OUTDOOR RECREATIONAL AREA and CONSULTANT will be required to hold the City harmless from all liability arising out of, or in connection with, said violations, including any attorney’s fees and costs incurred by the City because of such violation.

END OF DOCUMENT

DOCUMENT 00300

INSTRUCTIONS TO CONSULTANT

1.1 DOCUMENT INCLUDES

A. This document includes the Statement of Qualifications and Interest requirements when

Stansbury Service Agency (SSA) solicits professional services from CONSULTANTS.

1.2 DEFINITIONS

A. Terms used in the solicitation documents that are defined in Article 1.1 of the General

Conditions will have the meanings indicated in the General Conditions.

B. SHORT-LISTED FIRMS: The firms selected by the SSA who are invited to submit additional information during the selection process.

1.3 PREPARATION OF STATEMENTS OF QUALIFICATION AND INTEREST

A. All costs related to the preparation of the Statement of Qualification and Interest and any related activities are the sole responsibility of the CONSULTANT. The SSA assumes no liability for any costs incurred by CONSULTANTS throughout the entire selection process.

1.4 INFORMATION MADE PUBLIC

A. Even after the CONSULTANT is selected, no information regarding the Statement of

Qualification and Interest will be made public until a formal contract is signed between the CONSULTANT and the SSA.

1.5 CONTRACT FORM

A. The successful CONSULTANT shall be required to enter into a written agreement with the SSA. The SSA’s standard form of Agreement for professional services (Document

00500 included within this solicitation) and modified as appropriate shall be utilized.

B. Stansbury Service Agency is an equal opportunity employer.

C. This request for statements of qualifications and interest is governed by SSA’s procurement regulations.

1.6 CONTACT WITH SSA EMPLOYEES

A. All CONSULTANTS interested in this project will refrain under penalties of disqualification from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may participate in the selection process. This policy is intended to create an equal opportunity for all potential CONSULTANTS. All contact on this selection process shall be addressed to the authorized representative identified in Document 00100 Solicitation for Consultant.

1.7 INTEREST IN SUSTAINABILITY, RECYCLING, AND OTHER ENVIRONMENTAL

MATTERS

A. The SSA has an interest in measures used by its suppliers to ensure sustainable operations with minimal adverse impact on the environment. Please state whether your firm has a formal sustainability program or policy and, if so, please attach a copy to your proposal. Please list measures such as alternative fuel vehicles, recycling measures, and energy reduction measures used by your firm in its operations.

1.8 SUBMITTALS

A. A joint venture may submit a bid, proposal, or other offer or submission if the circumstances of the joint venture are acceptable to the Procurement Official. The joint venture must obtain this determination before a contract may be signed.

B. All information included in the Statement of Qualifications and Interest shall be public information after its receipt by the SSA as described in Section 1.4.

C. Submit the following in electronic form to the SSA via email:

1. A cover letter

2. A Statement of Qualifications and Interest (Document 00400)

3. A letter stating that parts 3 and 4, General Conditions, and paragraph 5.3 of part 5, General Conditions, have been reviewed with insurance agents and legal staff, and if selected, the CONSULTANT will execute an agreement containing the language as presented therein (rejected if not submitted).

4. Information requested in 1.7 above (Interest in sustainability, recycling, and other environmental matters), maximum one page in length.

5. A signed document 00410, Ethical Representation (rejected if not signed).

6. Provide a narrative describing the design team’s unique attributes and experience that qualify them for this project. This narrative can be used to elaborate on any of the information provided in the submittal.

NO STATE OF QUALIFICATIONS & INTEREST TO EXCEED 11 PAGES

D. Submission Deemed Agreement: Submission of a bid, proposal, or other offer or submission constitutes the bidder’s or offeror’s agreement to all the terms, conditions, and provisions of the bid or proposal package, or other solicitation documents. In addition, submission of a bid, proposal, or other offer or submission e-mail constitutes a waiver of any claim to confidentiality or any protest based on such a claim. By the submission of any bid, proposal, or other offer or submission, the bidder or offeror represents that the matters stated therein are true and correct.

E. It is the responsibility of CONSULTANT, before making its submission, to consider federal, state, and local laws and regulations (including the Utah Immigration

Accountability and Enforcement Act, Utah Code Title 63G, Chapter 12) that may affect cost, progress, performance, or furnishing of the work.

PART 2 SELECTION PROCEDURES

2.1 SHORT LIST

A. After the closing date, the SSA will analyze the proposals and may establish a short list for interviews. The SSA may select the final CONSULTANT from the Statement of

Qualifications and Interest submitted. In this case, interviews will not be scheduled.

2.2 FINAL SELECTION PROCEDURE (if an interview is scheduled).

A. The top-ranked firms will be requested to submit a listing of relevant work experience, Work Plan (technical proposal), Cost Proposal, and participate in an interview at the discretion of the Selection Committee.

B. The following will be used to establish a preference ranking.

1. Written Work Plan/Technical Proposal

2. The oral interview

3. The CONSULTANT’s experience, expertise, and understanding of project requirements.

4. CONSULTANT’s approach to accomplishing the work on time.

5. CONSULTANT’s management approach to and involvement with project costs and technical requirements during design and construction.

6. Communication skills of the project manager and his/her ability to form successful working relationships.

C. After completing the foregoing evaluation, a preference ranking will be established.

Thereafter, negotiations for contract purposes will be initiated with the top-ranked

CONSULTANT.

DOCUMENT 00310

SUPPLEMENTAL INSTRUCTIONS

1.1 INTRODUCTION

A. This document provides a general outline and requirements regarding the final selection procedure.

B. Evaluation Criteria for Statement of Qualifications and Interest Submittal.

1. See preference ranking form (Document 00320)

1.2 SCHEDULE

A. The tentative schedule for the selection process is as follows, subject to change at the

SSA’s sole discretion.

1. Statement of Qualifications and Interest Information Available November 24th, 2025

2. Last Day to Submit Questions to SSA January 9th, 2026

3. Tentative Date for Addendum in Response to Questions January 12th, 2026

4. Statements of Qualifications and Interest Submittal Due January 19th, 2026

5. Notification of Short List – Technical Proposal Instructions Issued January 23rd, 2026

6. Receipt of Technical Proposals by SSA January 30th, 2026

7. Interviews – If Necessary February 4th, 2026

8. Notification of Selected CONSULTANT February 6th, 2026

1.3 INSTRUCTIONS FOR SUBMITTAL OF A DETAILED TECHNICAL PROPOSAL

A. In as much as the short-listed CONSULTANTS were selected based on qualifications, the technical proposal does not need to address general qualifications.

B. When requested, submit electronic copies of the Technical Proposal as provided in the

Technical Proposal Instructions.

C. Information to be included in the technical proposal is contained herein and/or shall be provided at the time of notification of selection to the short list.

1.4 INTERVIEW

A. Date and time shall be provided in the notification letter for short-list selections.

1.5 INTERVIEW ATTENDEES

A. A maximum of three individuals may attend the interview.

B. One attendee must be the Project Manager.

1.6 TECHNICAL PROPOSAL LIMITATIONS

A. The technical proposal must be limited to ten double-sided pages plus a cover letter.

DOCUMENT 00320

PREFERENCE RANKING FORM

COMMUNITY ENGAGEMENT, PLANNING, AND DESIGN CONSULTANT FOR THE

OSCARSON PARK OUTDOOR RECREATIONAL AREA

Name:

CONSULTANTS XXX XXX XXX

Required Criteria (Consultant will be dismissed if not provided):

1. Letter stating part 3 & 4 General Conditions and

5.3, part 5 of the General Conditions is acceptable.

(reference Document 00300)

“Yes” if included and “No” if not included.

(rejected if not submitted)

2. Signed ethical clause received?

reference Document 00410)

“Yes” if included and “No” if not included.

(rejected if not signed)

Technical Criteria (used to evaluate Consultants ability to achieve SSA’s goals):

1. Sustainability, recycling, and other environmental matters – “Yes” or “No.”

5 points maximum

2. Specific project type experience.

25 points maximum

3. Capacity of the firm to complete the work/personnel.

20 points maximum

4. Specific individual experience.

5. Narrative on team’s qualifications and experience.

TOTAL

100 points maximum

DOCUMENT 00400

REQUEST FOR STATEMENTS OF QUALIFICATIONS AND

INTEREST FORM

1.1 CONSULTANT

A. Name:

B. Address:

C. Telephone No.:

D. Email address:

E. Facsimile No.:

F. Tax I.D. No.:

G. If a joint venture, indicate which firm is the lead:

1.2 PROFESSIONAL SERVICES CONTRACT

A. COMMUNITY ENGAGEMENT, PROGRAMMING, AND DESIGN CONSULTANT

FOR THE OSCARSON PARK OUTDOOR RECREATIONAL AREA

1.3 ADDENDA

A.

1.4 SUBCONSULTANTS: Identify the firm to provide the following services (as applicable):

(Additional resumes; project information, etc. are not required from subconsultant)

FIRM LOCATION

Cost Estimating:

Electrical Engineering:

Mechanical Engineering:

Architectural:

Landscape:

Structural Engineering:

Fire Protection Engineering:

Public Engagement:

Urban Planning:

List of other subconsultants to be used by the CONSULTANT not included above:

1.5 SPECIFIC PROJECT TYPE EXPERIENCE – DETAILED (to be submitted by

CONSULTANT only). List of only projects completed within the last seven years. Limit number of projects to five. Emphasize innovative projects illustrating activation of urban park areas with successful community engagement processes; as well as emphasize projects of similar type, size, and construction cost.

DESIGN FIRM:

PROJECT NAME/DATE OF NOTICE TO START DESIGN:

OWNER:

CONTACT:

NAME/POSITION/TITLE:

CURRENT PHONE NO.:

SUB-CONSULTANTS:

PROPOSED TEAM MEMBERS AND ROLE ON PROJECT:

PROJECT DESCRIPTION:

1.6 CAPACITY OF FIRM: (for CONSULTANT only)

CURRENT NUMBER OF EMPLOYEES:

NUMBER OF EMPLOYEES WITH A PROFESSIONAL LICENSE:

FIRM’S CURRENT WORKLOAD: (LIST PROJECT TITLE, BUDGET, AND PERCENTAGE

OF WORK REMAINING)

IN VIEW OF CURRENT WORKLOAD, DESCRIBE YOUR FIRM’S ABILITY TO PROVIDE

SERVICES IN A TIMELY MANNER.

LIST TWO CLIENTS WHO MAY BE CONTACTED CONCERNING SERVICES

PERFORMED:

1. Company:

Contact person:

Title:

Current Phone No:

Project name and location:

2. Company:

Contact person:

Title:

Current Phone No:

Project name and location:

1.7 INDIVIDUAL EXPERIENCE/RESUME: (for CONSULTANT only)

(Provide a separate sheet for each person on CONSULTANT’s staff who will be involved with this project, as well as the lead representative from each of the CONSULTANT’s team)

Name of Individual:

Position Title - This Project:

Education:

Licenses/Registration:

Work Experience Similar to this Project within the Past 3 Years.

PROJECT NAME RESPONSIBILITY START DATE

DOCUMENT 00410

ETHICAL STANDARDS

Representation Regarding Ethical Standards for SSA Officers and Employees and

Former SSA Officers and Employees.

1. CONSULTANT represents that it has not:

a. Provided an illegal gift or payoff to an SSA officer or employee or former SSA officer or employee, or his or her relative or business entity.

b. Retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business.

c. Knowingly breached any of the ethical standards outlined in the SSA's conflict of interest policies; or

d. Knowingly influenced, and hereby promises that it will not knowingly influence, an SSA officer or employee or former SSA officer or employee to breach any of the ethical standards outlined in the SSA's policies.

Signature Date

DOCUMENT 00500

FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

(STIPULATED PRICE)

THIS AGREEMENT is by and between Stansbury Park Service Agency (“Owner”) and

(“Contractor”).

Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

THE WORK WILL CONSIST OF PROVIDING THE SSA WITH COMMUNITY/CIVIC ENGAGEMENT,

PLANNING, AND DESIGN SERVICES FOR THE SITE DEVELOPMENT, IMPROVEMENTS, AND

RECREATIONAL USAGE OF OSCARSON PARK.

ARTICLE 2 – THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

The work will consist of providing the SSA with community/civic engagement, planning, and design services for the site development, improvements, and recreational usage of Oscarson Park. The SSA anticipates the Consultant to provide all necessary data and documents associated with the planning and designs for Oscarson Park, including architectural, engineering, and construction plans, but does not anticipate any construction as part of this contract.

ARTICLE 3 – PROJECT MANAGER

3.01 The Project has been designed by the Project Manager, who is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Project Manager in the Contract

Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time is of the Essence

All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Days to Achieve Substantial Completion and Final Payment

A. The work will be substantially completed on or before June 15th, 2026.

B. The Work will be wholly completed and ready for final payment in accordance with Paragraph 14.07.B of the General Conditions on or before July 6th, 2026.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $450.00 for each day that expires after the time specified in Paragraph 4.02 for

Substantial Completion until the Work is substantially complete.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the lump sum amounts established in Section C-405S: Measurement and

Payment.

ARTICLE 5 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 4 of Form C-450S, Measurement and Payment.

ARTICLE 7 – INTEREST

7.01 All money not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 5 percent per annum.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. Contractor has visited the Site and become familiar with and is satisfied to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor 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. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

E. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

F. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

G. Contractor has given Project Manager written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Project

Manager is acceptable to Contractor.

H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 9 – CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the Bid, Agreement, Construction Bonds, Procedural Documents, Conditions to the Contract, Standard Specifications, Special Provisions, Supplemental Specifications, Standard Drawings, Construction Plans, Addenda, and all other plans and documents contained in the bidding package.

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions.

ARTICLE 10 – MISCELLANEOUS

10.01 Terms

A. Terms used in this Agreement will have the meanings stated in the General Conditions and the

Supplementary Conditions.

10.02 Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent

(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

10.03 Successors and Assigns

A. Owner and Contractor each bind itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or

Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf.

This Agreement will be effective on (which is the Effective Date of the Agreement).

OWNER: CONTRACTOR

Stansbury Park Service Agency

By: By:

Title: Title:

Attest

: Attest:

Title: Title:

Address for giving notices: Address for giving notices:

License

No.:

(If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner-

Contractor Agreement.)

(Where applicable)

Agent for service of process:

(If Contractor is a corporation or a partnership, attach evidence of authority to sign.)

DOCUMENT 00700

GENERAL CONDITIONS

1.1 INTRODUCTION

A. Wherever used in these General Conditions or in other Contract Documents, the following terms have the meanings indicated, which apply to both the singular and plural thereof.

B. CONSULTANT: A corporation, partnership, limited liability company, individual, or joint venture that complies with applicable Utah state statutes.

1.2 SAFETY

A. CONSULTANT shall take all necessary safety precautions and comply with all applicable provisions of Federal, State of Utah and municipal safety laws and building codes to prevent accidents or injury to its employees, agents or subconsultants and to protect other persons on, about or adjacent to the premises where CONSULTANT’s work is being performed from any accidents or injuries caused by CONSULTANT, its agents or subconsultants. This safety requirement shall not relieve any contractor performing work on the project from complying with the safety requirements of its contract, nor shall it make CONSULTANT responsible for the contractor’s compliance with the safety requirements. The SSA’s Representative or designee may stop

CONSULTANT’s work if safety laws or safe work practices are not being observed.

1.3 DAMAGE TO PROPERTY

A. CONSULTANT shall be responsible for any damage to property belonging to the SSA and the SSA’s tenants to the extent it is caused by an act or omission of

CONSULTANT, its agents, or employees. CONSULTANT shall be responsible for repairing any damaged property and shall pay the costs thereof.

1.4 LICENSES

A. CONSULTANT shall possess and keep current all State and local licenses required for the services to be performed by it pursuant to this Agreement.

1.5 INDEPENDENT CONTRACTOR

A. CONSULTANT is an independent contractor and not an employee of the SSA. Except as specifically provided in this Agreement, CONSULTANT has no authority to act on behalf of the SSA.

PART 2 SERVICE STANDARDS AND QUALITY ASSURANCE

2.1 CONFORMANCE TO LAWS

A. CONSULTANT shall be knowledgeable of, and CONSULTANT and

CONSULTANT's work product for the project shall conform to all applicable federal, state of Utah, SSA, and other local laws, regulations, and ordinances, including the

Utah Immigration Accountability and Enforcement Act, Utah Code Title 63G, Chapter

12.

2.2 QUALITY ASSURANCE

A. CONSULTANT shall be solely responsible to the SSA for the quality of all services performed by CONSULTANT or any of its consultants under this Agreement

(including requiring its consultants to undertake a peer review process). All services furnished by CONSULTANT or any of its consultants shall be performed in accordance with their best professional judgment and skill promptly and shall be fit and suitable for the purposes intended by the SSA. The foregoing standard shall not be construed, and is not intended, to require CONSULTANT to exercise professional skill greater than, or to utilize techniques more advanced than, such as are now generally exercised and utilized by major firms in the United States in the same business as

CONSULTANT.

B. If required by the SSA, the following paragraph regarding peer review shall be included on the first sheet of the plans relating to each discipline (civil, structural, electrical, mechanical, etc.). Certificates of peer review shall be signed, dated, and sealed by the appropriate representative of the CONSULTANT. The nature of the project may require more than one peer review certification from CONSULTANT

(civil, structural, mechanical, electrical, etc.).

1. Certification of Peer Review

a. The undersigned hereby certifies that a thorough professional peer review of these plans and the required designs (sheets to ) was conducted by me, a

Professional (Architect) (Engineer) with expertise and experience in the appropriate fields of (architecture) (engineering) equal to or greater than the

(Architect) (Engineer) of Record, and that all appropriate corrections have been made.

(Signed, dated, and sealed)

C. The following paragraph shall be included on the cover sheet of the plans.

1. Acceptance of Plans

a. Stansbury Service Agency hereby accepts these construction plans as being in general compliance with the plan preparation requirements of Tooele County.

Responsibility for the completeness and accuracy of the plans and related designs resides with the (architect) and (architectural) Firm of Record.

(Signed and dated)

2.3 REASONABLE COMPLIANCE WITH AND IDENTIFICATION OF APPLICABLE

SERVICE STANDARDS

A. Listing of standards in this section does not relieve CONSULTANT from complying with all applicable standards, whether listed here or not. CONSULTANT's work shall comply with:

1. The Americans with Disabilities Act;

2. Manual of Standard Specifications (Current Edition), as published by the Utah

Chapter of the American Public Works Association; http://utah.apwa.net

3. Manual of Standard Plans (Current Edition), as published by the Utah Chapter of the American Public Works Association; http://utah.apwa.net

4. Guideline for Traffic Control in Work Zones published by the Utah Technology

Transfer Center and available by telephone at 1-800-622-8878 or www.utaht2.usu.edu;

5. Project manual consisting of instructions to bidders, bid, bid schedule, Agreement, and other documents.

6. All applicable building codes, laws, or regulations; and

7. All other applicable SSA and Tooele County standards and regulations.

2.4 COST MINIMIZATION

A. CONSULTANT’s work shall at all times incorporate such designs and practices as are reasonably practicable to minimize the SSA’s cost for the project and any ongoing cost of maintenance or operation.

PART 3 CONTRACT DOCUMENTS

3.1 SSA OWNERSHIP OF DOCUMENTS

A. All data used in compiling CONSULTANT’s work, and the results of any tests or surveys, as well as all photographs, drawings, electronically stored records of work performed, renderings, specifications, schedules, CONSULTANT’s work, data processing output, computations, studies, audits, research, reports, models and other items of like kind prepared by CONSULTANT and its employees shall be the sole and exclusive property of the SSA. The SSA shall own all intellectual property rights thereto, whether the project for which they are made is undertaken or not.

CONSULTANT may retain reproducible copies of all the foregoing documents for information and reference, and customary marketing and public relations. The originals of all the foregoing documents shall be delivered to the SSA promptly upon completion thereof. This provision may be enforced by an order of specific performance and is independent of any other provision of this Agreement. Compliance by CONSULTANT with this paragraph shall be a condition precedent to the SSA’s obligation to make final payment to CONSULTANT.

http://utah.apwa.net/ http://utah.apwa.net/ http://www.utaht2.usu.edu/

3.2 OTHER USES OF DOCUMENTATION.

A. CONSULTANT is hereby granted an irrevocable, royalty-free, worldwide, perpetual license to use, reproduce, copy, distribute, and make derivatives of its work product under this Agreement, regardless of whether this Agreement has been terminated, CONSULTANT’s scope of services has been modified, or CONSULTANT’s services under this Agreement have been completed.

B. Documents created by CONSULTANT for the project shall be utilized by the SSA for the project only, and CONSULTANT's liability in connection with their use shall be limited to the use of such documents for the project. To the extent permitted by law, the SSA shall indemnify CONSULTANT against any claims arising from the use by the SSA of the foregoing documents on any other project or on any modification to project after completion unless CONSULTANT is employed by the SSA for such modification.

3.3 INTERNET BID WEBSITE

A. Documents created by CONSULTANT for any specific work project may be posted by the SSA on its Internet bid website.

3.4 ELECTRONIC MEDIA

A. Limit Use of Hard Copies. As a component of the services provided under this

Agreement, CONSULTANT shall deliver electronic copies of certain documents or data (the “Electronic Files”) in addition to printed copies (the “Hard Copies”) for the convenience of the SSA. SSA and its Consultants, contractors, and subcontractors may only rely on the Hard Copies furnished by CONSULTANT to SSA. If there is any discrepancy between any Electronic file and the corresponding Hard Copy, the Hard

Copy controls.

B. Acceptance Procedure. SSA acknowledges that Electronic Files can be altered or modified without CONSULTANT’s authorization, can become corrupted, and that errors can occur in the transmission of such Electronic Files. SSA agrees that it will institute procedures to preserve the integrity of the Electronic Files received from

CONSULTANT until acceptance. SSA further agrees that it will review the Electronic

Files immediately upon receipt and conduct acceptance tests within thirty (30) days, after which period SSA shall be deemed to have accepted the Electronic Files as received. CONSULTANT shall undertake commercially reasonable efforts to correct any errors in the Electronic Files detected within the 30-day acceptance period.

CONSULTANT shall not be responsible for maintaining Electronic Files after acceptance by SSA.

C. Electronic File Delivery. Files shall be compatible with the current SSA Engineering software. Files that are to be delivered shall be in the following format: PDF (Adobe

Acrobat, Bluebeam), Word, Excel, and Outlook.

D. Warranty of Compatibility. CONSULTANT warrants that the Electronic Files will be compatible with, usable, and readable by systems used by the SSA.

PART 4 COST & BUDGET

4.1 NO CONTROL OVER CONTRACTOR’S MEANS

A. CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or safety precautions and programs in connection with the project, which are solely the contractor’s responsibility. CONSULTANT shall not be responsible for the contractor’s schedules or failure to carry out the work in accordance with the related construction contract. CONSULTANT shall not have control over or charge of acts or omissions of the Contractor, subcontractor, or their agents or employees, or of any other person(s) performing any portion of the construction work.

4.2 NO WARRANTY

A. Evaluation of the SSA’s project budget and CONSULTANT’s preparation of a statement of probable construction cost and a detailed estimate of construction cost represent CONSULTANT’s best judgment given its standard of care as specified in

Article 2.2 of Document 00700. The parties acknowledge that neither CONSULTANT nor the SSA has control over the costs of labor, materials, or equipment, over the methods of determining bid prices by contractors, or over competitive bidding, market, or negotiating conditions. Accordingly, CONSULTANT cannot and does not warrant or represent that bids or negotiated prices will not vary from the budget established or approved by the SSA, or from any cost estimate or evaluation prepared by

4.3 BUDGET EXCEEDED

A. If the lowest accepted or negotiated bid exceeds the budget (not including the contingency specified in Part 4.2C above) the SSA shall either: 1) give written approval of an increase in such budget limit; 2) authorize re-bidding or re-negotiating of the project within a reasonable time; 3) give written notice if the project is abandoned or terminated; or 4) cooperate in revising the scope and quality of the project as required to reduce the construction cost. If SSA chooses to exercise alternative 4 and revise the project scope and quality, CONSULTANT shall, without additional charge to the SSA, modify the drawings and specifications as necessary to comply with the maximum budget of construction cost. The provision of such redesigned services shall be the limit of CONSULTANT’s responsibility arising from the establishment of a fixed construction cost budget.

PART 5 INSURANCE

5.1 GENERAL INSURANCE REQUIREMENTS FOR ALL POLICIES

A. Any insurance coverage required herein that is written on a “claims made” form rather than on an “occurrence” form shall (i) provide full prior acts coverage or have a retroactive date effective before the date of this Agreement, and (ii) be maintained for a period of at least three (3) years following the end of the term of this Agreement or contain a comparable “extended discovery” clause. Evidence of current extended discovery coverage and the purchase options available upon policy termination shall be provided to the SSA.

B. All policies of insurance shall be issued by insurance companies licensed to do business in the state of Utah and either:

1. Currently rated A- or better by A.M. Best Company;

-or-

2. Listed in the United States Treasury Department’s current Listing of Approved

Sureties (Department Circular 570), as amended.

C. CONSULTANT shall furnish certificates of insurance acceptable to the SSA, verifying the foregoing matters, concurrent with the execution hereof and thereafter as required.

D. In the event any work is subcontracted, CONSULTANT shall require its subconsultant(s) at no cost to the SSA, to secure and maintain all minimum insurance coverage required of CONSULTANT hereunder.

E. All required certificates and policies shall provide that coverage thereunder shall not be canceled or modified without providing, in a manner approved by the SSA legal department, 30 days prior written notice to the SSA.

5.2 REQUIRED INSURANCE POLICIES

A. CONSULTANT, at its own cost, shall secure and maintain during the term of this

Agreement, including all renewal terms, the following minimum insurance coverage:

1. Worker’s compensation and employer’s liability insurance sufficient to cover all of CONSULTANT’s employees pursuant to Utah Law. This requirement includes those who are doing business as individuals and/or as a sole proprietor, as well as corporations and partnerships. In the event any work is subcontracted, CONSULTANT shall require its subconsultants to similarly provide workers’ compensation insurance for all of the latter’s employees, unless a waiver of coverage is allowed and acquired pursuant to Utah law.

a. The SSA should not be an additional insured for workers’ compensation insurance.

2. Commercial general liability (CGL) insurance with the SSA as an additional insured on a primary and non-contributory basis in comparison to all other insurance, including the City’s own policy or policies of insurance, in the minimum amount of $1,000,000 per occurrence with a $2,000,000 general aggregate. These limits can be covered either under a CGL insurance policy alone, or a combination of a CGL insurance policy and an umbrella insurance policy, and/or a CGL insurance policy and an excess insurance policy. The SSA need not be listed as an additional insured on umbrella and/or excess insurance, only on the underlying policy. The policy shall protect the SSA, CONSULTANT, and any subconsultants from claims for damages for personal injury, including accidental death, and from claims for property damage that may arise from CONSULTANT’s operations under this Agreement, whether performed by CONSULTANT itself, any subconsultant, or anyone directly or indirectly employed by either of them. Such insurance shall provide coverage for premises operations and acts of independent contractors.

3. Professional liability insurance in the minimum amount of $1,000,000 per claim made with a $1,000,000 annual aggregate limit.

a. The SSA should be listed as a secondary on the CONSULTANT COI.

4. Commercial automobile liability insurance that provides coverage for owned, hired, and non-owned automobiles in the minimum amount of a combined single limit of $1,000,000 per occurrence or $500,000 liability per person, $1,000,000 liability per occurrence, and $250,000 property damage. These limits can be reached either with a commercial automobile liability insurance policy alone, or with a combination of a commercial automobile liability insurance policy and an umbrella insurance policy, and/or a commercial automobile liability insurance and an excess insurance policy.

B. SSA continuation of coverage. If any of the policies of insurance required by

CONSULTANT are cancelled or lapse, the SSA may, at the SSA’s sole discretion, obtain substitute coverage at reasonable rates. The SSA may deduct the cost of such coverage, plus ten percent (10%) for administrative charges, from any monies owing to

5.3 INDEMNIFICATION

A. CONSULTANT shall indemnify, save harmless, and defend the SSA and its officers and employees from and against all losses, claims, demands, actions, damages, costs, charges, and causes of action of every kind or character, including attorney’s fees, to the extent they are caused by CONSULTANT’s intentionally wrongful, reckless or negligent acts under this Agreement. If the SSA’s tender of defense, based upon the indemnity provision, is rejected by CONSULTANT or CONSULTANT’s insurer, and

CONSULTANT is later found by a court of competent jurisdiction to have been required to indemnify the SSA, then, in addition to any other remedies the SSA may have, CONSULTANT shall pay the SSA’s reasonable costs, expenses and attorney’s fees incurred in obtaining such indemnification, defending themselves or enforcing the indemnification provision.

PART 6 TERMINATIONS AND DISPUTE RESOLUTION

6.1 END OF TERM

A. Except as otherwise provided herein, upon the completion by CONSULTANT of its obligations hereunder, and the acceptance thereof by the SSA and the SSA’s payment to CONSULTANT of the compensation due, the term of this Agreement shall terminate.

6.2 CONVENIENCE TERMINATION BY THE SSA

A. The SSA may terminate this Agreement at any time for convenience upon seven (7) calendar days’ written notice to CONSULTANT.

6.3 TERMINATION FOR CAUSE BY THE SSA

A. The SSA may terminate this Agreement for cause if CONSULTANT fails to cure any defect in CONSULTANT’s performance of the work under this Agreement within seven (7) calendar days after receiving written notice to cure.

6.4 TERMINATION FOR CAUSE BY CONSULTANT

A. If the SSA materially fails to perform its responsibilities and obligations under this

Agreement, CONSULTANT shall notify the SSA in writing of such failure. If the

SSA fails to cure its material breach within thirty (30) days after receiving such written notice from CONSULTANT, CONSULTANT may terminate its performance under this Agreement.

6.6 DISPUTES

A. Unless a decision is held by an appropriate court of law to have been procured by fraud or to be arbitrary and capricious or so grossly erroneous as necessarily to imply bad faith, any factual decision made under this Section shall be final and binding in any suit or action arising under this Agreement including any actions by

CONSULTANT or others against the SSA or any of the SSA's agents, consultants or employees.

B. Compliance by CONSULTANT with the provisions of this Section shall be a condition precedent to any legal action by CONSULTANT or any of

CONSULTANT's subconsultants against the SSA, or the SSA's agents, consultants, or employees.

C. The provisions of this Section shall not preclude or limit judicial review of issues of law.

D. Any dispute arising under this Agreement concerning a question of fact which is not disposed of by an amendment to this Agreement shall be decided pursuant to the following procedure:

1. Any decision by the SSA’s Representative interpreting the requirements of this

Agreement may be appealed in writing to the department head of the SSA department responsible for the project.

2. The SSA department head shall issue a decision within ten (10) days after receiving all information that the department head may request as necessary to determine the appeal.

3. Any decision by the SSA department head may appeal by filing a notice in writing with the SSA department head. Such an appeal must be filed within ten

(10) days after the SSA department head's decision and shall specify in detail the basis of the appeal claimed by CONSULTANT.

4. The SSA department head shall establish a dispute committee to hear appeals, consisting of three persons knowledgeable with the work of this Agreement.

5. The SSA and CONSULTANT shall each have the opportunity to fully present their case to the committee before the committee’s deliberation.

6. The committee may request any other materials and written memoranda necessary to consider the issues and may schedule other proceedings as necessary.

7. The decision of the committee shall be rendered in writing within fifteen (15) business days from the committee's final hearing of the issue and receipt of any supplemental materials requested by the committee.

8. The decision of the committee shall be the final binding interpretation of the facts which are the subject of the appeal.

E. Notwithstanding the pendency of any appeal provided above, CONSULTANT shall, if so, ordered by the SSA, comply with all orders of the SSA concerning the performance of this Agreement.

F. Any decision of the SSA to terminate any specific work project under this Agreement shall not be subject to the dispute resolution procedure of this Section.

PART 7 CONSULTANT/SUBCONSULTANT RELATIONSHIP

7.1 LISTED SUBCONSULTANTS

A. The SSA acknowledges that CONSULTANT may employ various specialized subconsultants of whom CONSULTANT shall give written notice to the SSA at least seven (7) days before CONSULTANT employs the subconsultant to perform portions of the work provided for in this Agreement. It shall be solely CONSULTANT’s responsibility to ensure that any of CONSULTANT’s subconsultants perform in compliance with the terms of this Agreement. Subconsultants may not be changed without ten (10) days' prior written notice to the SSA.

DOCUMENT 01110

SUMMARY OF WORK

1.1 PROJECT DESCRIPTION

A. Project Site:

Oscarson Park lies between the western side of Stansbury Lake and Highway 138.

Stansbury Park's population and demographics are growing and changing as homes continue to develop and expand towards the West. The population of Stansbury Park, as of 2025, is estimated to be nearly 12,000 residents, with an anticipated annual growth of

2.5% each year. Stansbury Park started development in the late 60’s and was established in the early 70’s and has continued to thrive throughout the years. Stansbury Park encompasses nearly 400 acres of open green space, including a golf course, 12 playgrounds, and intermittent areas for recreational use.

Oscarson Park has been through various stages of planning and development, but no official plan has been made for its design and usage. This 5-acre plot will serve two primary functions: a publicly available recreational area and a 100-year storm retention basin. Currently, there is a prefabricated restroom that sits on the southeastern portion of the plot near the neighborhood street, although it currently has no water or electrical connections. There aren’t any other amenities on site, besides the fence lines of the neighborhood homes. This plot has been coined “Oscarson Park” after a long-time resident and Stansbury advocate, Glen Oscarson. Through the various attempts to bring

Oscarson Park to life, the Agency has prepared the land with grading, soil import, and landscaping. However, the plot is largely undeveloped and will require various levels of preparation and development to make it readily accessible to the public.

B. Project Background:

Previous administrations of the Stansbury Service Agency have weighed the options for Oscarson Park’s possible design and amenities. In 2020, the Agency hired

Broken Arrow General Contractors to survey the plot in preparation for development.

Over the following couple of years, the Agency held public open comment meetings to include the community in their concerns and desires for the development of

Oscarson Park. In 2022, 4 design options were made by Blu Line Engineering to showcase the possible locations of amenities on the plot. In early 2023, the Agency released these designs to the community to engage in a voting process for design preferences and received nearly two dozen responses.

With various construction projects in other parts of Stansbury, the Agency has brought in any available fill material to Oscarson Park, so when the time came, there was material to work with already on site. Every year, the Agency has its parks operations crew clear the area of weeds and overgrown vegetation.

The Agency’s main concentration in the development of this park is to ensure the community's interests are represented, utilize the plot to its maximum recreational potential, and stay within the Agency’s budget as this park continues to undergo development.

C. Preliminary Project Goals:

1. Activate the surrounding neighborhood and play an integral role in the life of a neighborhood and the lives of the people who live there.

2. Create a sense of community for those who live, work, and play there.

3. Transform Oscarson Park from an underdeveloped plot to an accessible and available recreational hub for Stansbury residents and tourists.

4. Create a hub for social and cultural exchange that focuses on social, physical, and cognitive development.

5. Create an urban public space that welcomes all ages and abilities.

6. Functions for everyday activities, including a place for people who are looking for a place to sit, take a daily walk, and participate in casual physical activity.

7. Enhance the quality of urban life and integrate community life.

8. Maintain the function of the existing 100-year retention basin on site.

PART 2 BASIC SERVICES

2.1 DUE DILIGENCE:

Review of all available previous studies, surveys, previous outreach efforts, current site…