1-RFP 2025 AFC Streetlight FINAL V5.pdf

REQUEST FOR PROPOSALS

American Fork City

Streetlight Repair, Construction, and Maintenance

Services

Date of Issue: March 2026

Department of Public Works

I. INTRODUCTION

American Fork City Public Works, “City” is soliciting proposals from qualified firm(s) “Proposer” to provide comprehensive streetlight repair, construction, and maintenance services throughout the City.

American Fork City maintains a network of approximately 514 functional streetlights, 570 decorative (non-LED) streetlights, and 832 LED streetlights across residential neighborhoods, commercial corridors, parks, and public rights-of-way. The goal of this RFP is to ensure timely, cost-effective, and professional maintenance and repair of these assets to promote public safety and enhance the quality of life for residents and visitors.

DESCRIPTION OF WORK: The selected contractor will be expected to perform the following services:

Routine Maintenance:

o Inspection/Repair of City -owned lighting systems o Cleaning and minor repairs o Lamp and photocell replacements

On-Call Repairs:

o Response to outage reports within 24 hours o Emergency response for hazardous conditions (e.g., downed poles or exposed wiring) within 1 hour Preventive Maintenance:

o Scheduled checks for corrosion, loose hardware, or failing components o Pole painting and grounding inspections as needed

Recordkeeping & Reporting:

o Maintain service logs and repair history o Submit monthly reports detailing completed work, outage trends, and recommendations Other Services as detailed in Attachment A

SITE OF WORK: The site of the WORK is the City of American Fork.

Bids for this project will be received electronically through the Utah Public Procurement Place (U3P)/Euna website until January 19, 2026, at 12:00 p.m. local time. At that time the Bids received will be privately opened and read. Information and Bidding Documents for the Project can be found at the following designated website:

https://utah.bonfirehub.com/portal/?tab=openOpportunities.

Prospective bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. Only the designated website will have official notifications and Bidding Documents and will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. The Owner will not be responsible for Bidding Documents, including Addenda, if any, obtained from sources other than the designated website.

ksmith Rectangle ksmith Text Box April 2, 2026, Date Al Scott, Assistant Public Works Director

Date Sam Kelly, Public Works Director Published at: https://utah.bonfirehub.com

II. PROJECTED SCHEDULE FOR THE RFP PROCESS

The anticipated schedule is as follows. American Fork City reserves the right to modify the following schedule at their discretion. Any change to the Proposal Due Date will be updated on Utah Public Procurement Place (U3P), which can be found at:

https://utah.bonfirehub.com/portal/?tab=openOpportunities

Activity Date

Mandatory Pre-Proposal Conference March 30, 2026 @ 10:00 AM in the American Fork Public Works Building 275 E 200 N

Final Day to Submit Questions March 31, 2026 @ 12:00 PM via U3P/Euna

Proposal Due Date April 2, 2026, 2026 @ 12:00 PM via U3P/Euna

Notice of Intent to Award By April 9, 2026

City Council Acceptance of Award April 28, 2026

Anticipated Notice to Proceed April 30, 2026

III. TERM OF AGREEMENT

The term for maintenance and construction services under this Contract shall be for three (3) years from the effective date, with an option to be renewed annually for up to two (2) more years. For clarity, the term ends at 11:59 PM on the same date as the effective date..

IV. PRE-PROPOSAL CONFERENCE

Interested Proposers are required to attend the pre-proposal meeting to discuss the project and to ask questions about this RFP. Only bids from Proposers who attend the pre-proposal conference will be opened and considered for award. The pre-proposal conference will be held on March 30, 2026 at 10:00 AM. It will be held in-person at the American Fork Public Works Building (275 E 200 N, American Fork, UT 84003.)

V. PRICING/COSTS/FEES

A. Repair, maintenance, and construction activities costs proposal to include:

o Hourly labor rates (regular and emergency) o Hourly Equipment rates o Cost per standard fixture repair type o Any flat-rate or preventative maintenance packages

B. Contractor to complete pricing sections shaded in blue in Attachment A.

VI. PROPOSAL FORMAT

All proposals shall be formatted according to the following specifications:

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A. Content and Page Limit:

a. Proposals shall include three labeled sections:

1. Project Team/Experience (include references for previous projects)

2. Project Understanding and Scope

3. Project Schedule

b. Proposals text pages are limited to a maximum of Ten (10) letter size pages.

c. Summary letter and single page resumes per person are not included in the page count.

B. Submittal: Proposal shall electronically submit using U3P/Euna/ https://utah.bonfirehub.com/portal/?tab=openOpportunities

VII. PROPOSAL SUBMISSION

By submitting a proposal to this RFP, Proposer understands and agrees to the following:

A. RFP Cancellation: This RFP may be cancelled at any time prior to the execution of a written agreement if deemed in the best interests of the City. This includes cancellation of the RFP after an award has been made, but prior to the execution of a written contract. Proposer is not entitled to recover any costs related to the preparation of the proposal due to cancellation of the RFP or withdrawal of an award prior to the execution of a written agreement.

B. Firm Pricing: All prices, quotes, or proposals are to remain firm for 120 days after the closing date, unless a different period is stated in the City’s RFP. Any proposal that does not offer to remain firm for the required period may be considered non-responsive.

C. Costs: Proposers bear all costs and expenses related to this RFP including, but not limited to, preparation and delivery of the proposal, attending the pre-proposal conference, and if required attending an interview.

D. Licensing: All applicable federal, state, and local licenses must be acquired before the contract is entered into between the City and the selected respondent. Licenses must be maintained throughout the entire contract period. Persons doing business as an Individual, Association, Partnership, Corporation, or otherwise shall be registered with the Utah State Division of Corporations and Commercial Code. NOTE: Forms and information on registration may be obtained by calling (801) 530-4849 or toll free at

(877) 526-3994, or by accessing: commerce.utah.gov.

E. Changes or Modifications: Any changes or modification to the RFP will be made by written addendum. Proposers submitting a proposal based on any information other than that contained in City’s RFP and any addenda, do so at their own risk.

F. Receiving Proposals: Public Works Selection Committee will administer receipt and opening of all proposals. Proposals will be held, unopened, in the same condition as received if delivered prior to the date and closing time designated in the RFP. After the closing time, only the identity of each Proposer will be made public. If only one proposal is received in response to the City’s RFP, the Public Works Division may recommend an award of a contract to the single Proposer if the conditions cited above are met. Alternatively, the Public Works Division may re-solicit for the purpose of obtaining additional proposals.

G. Modifying or Withdrawing Proposals: Proposer may modify or withdraw their proposals at any time prior to the closing time. Requests to modify a proposal before the closing time shall be done using U3P/Euna/ https://utah.bonfirehub.com/projects

H. Rejection of Proposals: Any proposal containing significant deviations from the specifications of the RFP shall be considered non-responsive and may be rejected in whole or in part.

I. Protests: A protest regarding the RFP document shall be submitted in writing prior to the RFP closing date. All other protests shall be submitted in writing within five (5) business days after notification of the award has been sent. A protestor may file only one (1) protest after the RFP closing date. Protest letters shall specifically and completely state the facts that the protestor believes constitute error in the RFP document or the award.

J. Free and Competitive Selection: Any agreement or collusion among prospective Proposers to fix a price or limit competition shall render the proposals void, and such conduct is unlawful and subject to criminal sanction. Proposer certifies that not anyone in its firm or company has either directly or indirectly restrained free and competitive selection, participated in any collusion, or otherwise taken any action unauthorized by City Purchasing Ordinances or applicable laws.

K. Reasonable Accommodations: Reasonable accommodations for qualified disabled individuals may be provided upon receipt of a request with five working days’ notice.

Please contact Public Works Office, 275 East 200 North, American Fork, Utah 84003,

(801) 763-3060. TTY users shall call 711.

VIII. EVALUATION AND SCORING CRITERIA

Proposals will be evaluated, scored, and ranked by a Selection Committee. The Selection Committee may invite the top-ranked proposals for an interview/demonstration. The purpose of the interview/demonstration is clarification and verification of the written proposal. The Selection Committee may re-rank the proposal after the interview/demonstration. A recommendation will then be presented to the proper signing authority for consideration and approval. Ranking of the proposals will be based on the following criteria and weights:

Criteria Weight

Qualifications & Experience 25%

Technical Approach 20%

Criteria Weight

Cost Competitiveness 25%

Responsiveness & Availability 15%

References & Past Performance 15%

IX. WRITTEN AGREEMENT REQUIRED

Successful proposers for this RFP shall enter into Agreement for Construction and maintenance Services with American Fork City. Any and all work awarded as part of this RFP will be performed in accordance with this agreement.

X. ETHICAL STANDARDS

Proposer represents that it has not: (a) provided an illegal gift to any American Fork City officer or employee, or former American Fork City officer or employee, or to any relative or business entity of a American Fork City officer or employee, or relative or business entity of a former American Fork City officer or employee; (b) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, other than bona fide employees of bona fide commercial agencies established for the purpose of securing business; (c) breached any of the ethical standards set forth in State statute or American Fork City Code of Ordinances § 2.07; or (d) knowingly influenced, and hereby promises that it will not knowingly influence, any American Fork City officer or employee or former American Fork City officer or employee to breach any of the ethical standards set forth in State statute or American Fork City ordinances.

ATTACHMENT A XHIBIT I SCOPE OF WORK

A. Basic Streetlight Maintenance (Unit Price)

The Contractor shall provide asset maintenance and repair of City owned streetlights. The City and Contractor, by mutual agreement, will classify each light as one of the following:

a Functional light, Decorative (Non-LED) light or an LED light.

Unit pricing will be assigned to these classifications and Basic Streetlight Maintenance will be the responsibility of the Contractor.

1. Asset Maintenance - Contractor shall provide the Basic Streetlight Maintenance services for the classified streetlights. The City shall have the right to periodically adjust which streetlights will be included in the Basic Streetlight Maintenance Service and the fees shall adjust to reflect changes in the total number. Each new streetlight erected during the term of this Contract shall be immediately placed on Basic Streetlight Maintenance; however, streetlights installed by the Contractor shall not be billed under the unit pricing until the twelve (12) month warranty period on the new streetlight installation has expired. The billing exclusion during the twelve (12) month warranty period does not apply to the repair of damages caused by storms, acts of God, or third parties, including but not limited to, knockdowns, cable cuts, vandalism, and civil unrest. Contractor shall be entitled to invoice the City for the repair of the aforementioned damages without restriction and City shall pay said invoice in accordance with the payment terms in Exhibit I, Section (G) of this Contract.

2. Material Management - The Contractor shall supply list of inventory items to be purchased and maintained by the City of streetlight lamps, photocells, and ballasts that shall be continually restocked to offset and adjust to usage to be stored, accessed, and replenished at a site designated by the City. The City shall maintain a small inventory of the various styles of poles and fixtures used by the City.

3. Basic Streetlight Maintenance - Contractor shall provide all the labor and incidental consumable materials to perform the following activities:

a. Repair of Functional Lights (HID Cobra and Town & Country fixtures) Basic

Streetlight Maintenance

i. Bulbs

ii. Photocells

iii. Glassware cleaning

iv. Starting aids

v. Ballasts

vi. Heads (Fixtures)

vii. Wire inside pole

viii. Faulted copper cable if installed in accordance with NESC standards – excludes third party damage

ix. Reset fuses and breakers in streetlight pole

b. Repair of Decorative (Non-LED) Lights: Basic Streetlight Maintenance

i. Bulbs

ii. Photocells

iii. Glassware cleaning

iv. Starting aids

v. Ballasts

vi. Heads (Fixtures)

vii. Wire inside pole

viii. Faulted copper cable if installed in accordance with NESC standards – excludes third party and storm damage

ix. Reset fuses and breakers in streetlight pole

x. Decorative light lenses and/or fixture replacements

xi. Installation/repair/adjustment of light diffusing shields.

c. Repair of LED Lights: Basic Streetlight Maintenance

i. Photocells

ii. Glassware cleaning

iii. Wire inside pole

iv. Faulted copper cable if installed in accordance with NESC standards – excludes third party and storm damage

v. Reset fuses and breakers in streetlight pole

vi. LED Components

d. Streetlight and pole assemblies shall be visually inspected for deficiencies when other maintenance or repair work is performed at a pole location which involves the use of a bucket truck. Contractor shall perform the following deficiency repairs as identified during the visual inspection:

Basic Streetlight Maintenance

i. Tighten bracket arm/crossarm hardware which is loose

ii. Tighten pole hardware which is loose

iii. Tighten anchor bolts that are loose

B. Streetlight Repair Work and Other Services (Billable)

The Basic Streetlight Maintenance service is intended to cover the majority of the outages that occur within the streetlight system. All other maintenance and repair activities shall be considered Streetlight Repair Work or Other Work and billable in accordance with the schedule of prices in Exhibit I, Section (F) (2). Contractor shall provide all the labor, equipment, and materials not provided by the City to perform such activities upon receipt of written authorization from the City, except for pole knockdowns where the Contractor shall take immediate action as is necessary to make the area safe ("Make Safe") as further described in Section (C) (2). The Contractor shall provide any necessary traffic control devices

(barricades, cones, signs, flashers, etc.) to warn or keep others out of the work area and to provide safety. The Streetlight Repair Work and Other Services that are billable to the City are set forth b e l o w .

1. Make Safe Services - The Contractor shall perform Make Safe services resulting from the knockdown of City owned poles within one (1) hour of being notified of the situation. Make Safe shall include, but shall not be limited to, de- energizing the streetlight fixtures and cabling; making such repairs or alterations as may be necessary to establish safety prior to pole replacement; providing any necessary traffic control and traffic control devices; removing and disposing of any broken glass or other debris that resulted from the knockdown; and, when necessary, notifying and coordinating efforts with the local police (or other fire or emergency responders) and the local electric power provider.

2. Pole and Assembly Replacements - The Contractor shall perform pole and assembly replacements resulting from knockdowns and other replacement of City owned poles as required.

3. Repair of Underground Services - Contractor shall provide repairs for underground services to City owned streetlights which are not covered by Basic Streetlight

Maintenance.

Services for underground cable includes locating, marking, repair and/or replacement of City owned cable damaged by third parties or installations not meeting the NESC codes and City specifications.

4. Pole painting - Painting shall include preparation and one coat of epoxy paint. Paint to be approved by the City prior to application.

5. Storm Repair Work - Damage caused by storms shall be repaired by Contractor upon receipt of authorization by the City.

6. Inspection Services of Work Constructed by Others - Inspection of new poles, pole wiring, and lighting fixtures to document whether they meet NESC and/or NEC standards and the approved plans and specifications. This service will be provided by the Contractor's Journeyman Lineman or equivalent.

C. Streetlight Construction, Removal, and/or Relocation

Contractor shall provide all the labor, equipment, and materials not provided by the City to install new streetlights and remove and/or relocate existing streetlights as requested by the

City. The work shall be performed in accordance with the following guidelines:

1. Contractor shall perform new construction, removal and/or relocation of streetlights at a unit price, or firm bid. City shall be responsible for billing third parties and collecting monies for such construction, removal, and relocation of streetlights. Contractor shall invoice the City directly for services rendered and City shall pay said invoice within thirty (30) days of receipt regardless of whether City has received payment from third parties.

2. Meet all of the directives on the City provided construction drawings, if any.

3. Meet all requirements of state and local jurisdictions so the City may recover its cost for relocations caused by road widening and other public p r o j e c t s .

4. City shall be responsible for all streetlight layouts associated with new installations, removals and relocations. Contractor shall prepare streetlight layouts upon request, with said services billed at the hourly rates provided in Exhibit I, Section (F) (3). In the event the City awards installation work to Contractor, there shall be no separate charge for layout services. All layouts are to be reviewed and approved by the City prior to commencement of construction.

5. Contractor shall be responsible for obtaining all permits and providing all traffic control required by the local jurisdictions.

6. Contractor shall be responsible for requesting Blue Stakes as necessary for work performed by Contractor.

7. Contractor shall comply with all state and local laws governing the construction and maintenance of facilities on public right of way, except as expressly exempted from the NESC, NEC and by City Ordinance.

8. City shall provide all required easements.

9. All materials shall be installed so that all the material manufacturers' recommendations are met.

10. Installations shall meet all of the current City construction standards.

11. All adjustable materials shall be tightened and secured per manufacturers' specifications.

12. Bases shall be installed so that they are set plumb and flush with the final finished grade.

13. All cable connections and facility groundings shall meet all the City construction standards, local utility standards, and applicable safety codes.

14. Contractor shall restore sites to the pre-work condition and properly dispose of all spoil and construction materials.

15. Contractor shall, at its expense, correct all problems resulting from poor workmanship.

16. Contractor shall supply as-built drawings to City within three (3) weeks of the completion of the work.

D. Service Standards.

1. Service Standards for Basic Streetlight Maintenance (Unit Price)

a. All Basic Streetlight Maintenance services defined in Exhibit I, Section (B)(5) shall be completed within two (2) business days of a Cit issued work order or reported to Contractor, whichever is earlier, with the exception of faulted cable services. Faulted cable services require utility marking prior to any digging per

State law; faulted cable services will be completed within ten (10) business days of discovery. Special order material shall be replaced by the Contractor as soon as practical and receipt of said special order materials.

2. Service Standards for Streetlight Repair Work (Billable)

a. All Streetlight Repair Work activities defined in Section (C) of Exhibit I shall be completed within ten (10) business days of authorization by City, subject to lead times for special order materials.

b. Underground cable problems shall be permanently restored within ten (10) business days of notification to Contractor.

c. Knockdowns shall be restored within ten (10) business days of being reported to Contractor, subject to lead times for special order materials.

d. All Streetlight Repair Work activities, requiring special order materials, shall be completed within ten (10) business days of receipt of said special order materials. Contractor shall order special order materials within three (3) business day of request by City for replacement of any pole or fixture which is not a City standard item.

3. Service Guarantee

Contractor shall have an employee respond at the site of a reported outage within two

(2) business days on Basic Streetlight Maintenance repairs. In the event Contractor fails to meet the two (2) business day response time, subject to the Uncontrollable

Circumstances, Inclement Weather provisions, and special-order material provisions of this Contract, Contractor shall pay City fifty dollars ($50.00) per day for each business day Contractor is late in responding to the service event. This payment represents liquidated damages for failure to meet the Service Standards specified herein, and said payment is not a penalty.

E. Price Schedule

1. Basic Streetlight Maintenance Service Fee (Unit Price)

Contractor shall perform Basic Streetlight Maintenance services for the following:

Light Type Yearly Cost Billed Per month

Functional Light

Decorative (Non-LED)

LED Light

The number of streetlights to be maintained will change as the number of streetlights owned or leased by the City changes. Each party shall notify the other of any changes in the number of streetlights to be maintained. Such notification shall include the location of the streetlights added or deleted from the total streetlights being maintained. Contractor shall modify the billing for Basic

Streetlight Maintenance Service immediately upon receipt of notification.

2. Streetlight Repair Work and Other Services (Billable)

Streetlight Repair Work and Other Services, as described under Section (C) of

Exhibit I, shall be billed as listed below.

Type of Work Unit of

Measure

Proposed Cost

a. LED Swap Out Each $

b. Make Safe (for pole knockdown situations) Each $

c. Pole and Assembly Replacement N/A Time and Materials

d. Cable Services N/A Time and Materials

e. Pole removal and/or relocation N/A Time and Materials

f. Streetlight Pole Painting (more than 3 poles) Each $

g. Inspection Services by Journeyman Lineman Hour $

h. All other Streetlight Repair Work or other services not referenced in Section (F) (2) shall be billable using Time and Material Pricing.

A schedule of Labor and Equipment rates are attached in Exhibit II.

3. Streetlight Construction

New streetlights installed by Contractor shall be billed as a per each item. The streetlight installed price includes the following:

a Provide and install American Revolution pole a n d l i g h t assembly.

/each b Includes up to 100 feet of conduit Included Included c Includes up to 100 feet of copper wiring Included Included d Includes all foundation materials (base, concrete, anchor bolts)

Included Included e Includes in ground power junction box assembly Included Included f Includes handhole and all incidental consumables and materials to install streetlight

Included Included g Includes mounting hardware (brackets, nuts etc) Included Included

Streetlight layout services provided by Contractor shall be billed as follows:

a. Lead Layout / hour

b. AutoCAD Technician / hour

c. Clerical Support / hour

Hourly rates include all ancillary equipment. There shall be no separate charge for layout services in the event the City awards Contractor installation work. All layouts are to be submitted for review and approval by the City prior to commencement of construction.

4. Price Escalators

The Unit Prices referenced in Section (E) (1) of Exhibit I shall remain fixed for up to five (5) years.

The Unit Prices referenced in Section (E) (2) and (E) (3) of Exhibit I shall increase by two and one-half percent (2.5%) on the anniversary of the effective date, each year, for five (5) years.

The Labor Rates in Exhibit II shall be adjusted annually by two and one-half percent

(2.5%) on the anniversary of the effective date, each year, for five (5) years.

The Equipment Rates in Exhibit II shall be adjusted up or down annually on March 1 of each year in accordance with the change in the Consumer Price Index using the most current 12-month period available. Such revised rates shall become a part of this

Contract and remain in effect until March 1 at 12:01 AM the following calendar year.

F. Billing & Payment

1. Basic Streetlight Maintenance: Contractor shall bill City monthly for the Basic

Streetlight Maintenance Service, provide all supporting documents, and City shall pay the undisputed portion of the invoice within thirty (30) days of receipt of invoice.

2. Streetlight Repair Work: Contractor shall submit a separate invoice and itemized breakdown to the City for the Streetlight Repair Work completed in the previous thirty

(30) days, all supporting documents, and City shall pay the undisputed portion of the invoice within thirty (30) days of receipt of invoice.

G. Performance Period

The term for maintenance and construction services under this Contract shall be for three (3) years from the effective date, with an option to be renewed annually for up to two (2) more years. For clarity, the term ends at 11:59 PM on the same date as the effective date.

H. Performance Monitoring

City reserves the right to monitor and evaluate Contractor's performance on any and all work performed under this Contract. The evaluation will be measured by the City or City's agent.

City and Contractor will develop a systematic reporting system enabling City to monitor

Contractor's compliance with all of its obligations under this Contract, including but not limited to Contractor providing City information acquired or produced in handling and performing work orders under this Contract.

I. Subcontractors.

Contractor may require the use of subcontractors to perform support services, including but not limited to, concrete work, asphalt work, underground boring services, landscaping, etc.

Contractor shall assure that its subcontractors of all tiers comply with all of the provisions of this Contract, including but not limited to the requirements for insurance coverage and certificates as described in this Contract.

J. Subcontractor Supervision.

Contractor hereby warrants the quality of work performed by its subcontractors as though they were its own forces. Notice to Contractor shall be considered notice to any affected subcontractor. Anything to the contrary in this Contract notwithstanding, there shall be no contractual relationship between any subcontractor of Contractor and City.

K. Removal of Subcontractors.

Contractor shall immediately remove any subcontractor from City work upon written notice from City that said subcontractor has failed to perform in a manner that is satisfactory to City.

Contractor shall be as fully responsible and accountable to City for quality of work of its subcontractors, as it is for the work performed by Contractor itself.

L. Minority/Women-Owned Business.

Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, disability or national origin. The Contractor shall at all times fully comply with all applicable equal opportunity and affirmative action laws, regulations, statutes, ordinances and orders.

M. Specifications

1. Skill - Contractor shall employ only workers and subcontractors who are competent to perform the work assigned to them and who are adequately trained, experienced, and qualified. At least one Journeyman Lineman shall be available to do work for the City.

2. City Right to Remove - City has the right to disapprove and demand the removal from any work (and the property of City) under this Contract, any craft or management personnel provided by Contractor or any subcontractor; and Contractor shall then promptly cause such personnel to be removed.

3. Work Periods - Work shall generally be performed hereunder Monday through Friday from 7:00am to midnight but the Contractor shall perform work on other days and at other times as necessary to meet the City's needs, or as requested by the City. As a general rule, work shall be performed at times that coincide with straight time hours as shown in exhibit 2 (1). Work outside of those periods shall be coordinated with the City except when the Contractor must perform work on an emergency basis.

N. Special Contract Clauses

1. Uncontrollable Circumstances - Should Contractor be delayed in the final completion of the work required under the Contract by strike, fire, Inclement Weather or other cause outside the control of Contractor, and which, in the reasonable opinion of City, was not contributed to by Contractor, and could not have been reasonably anticipated or reasonably avoided, then an extension of time sufficient to compensate for the delay, as reasonably determined by City, will be granted provided that Contractor gives City prompt notice, confirmed in writing within forty-eight (48) hours, of the cause of delay in each case provided that Contractor has used all reasonable means to minimize the delay. For construction, removal, and/or relocation work, Contractor shall be given an extension of time that is no less than the duration of the Uncontrollable Circumstances to complete the work.

The Parties understand that occurrence of Maintenance and Repair work is cumulative in nature, such that a simple extension of time may not be sufficient to eliminate the backlog of work that arises during the Uncontrollable Circumstance. Therefore, the

Parties shall mutually develop a recovery schedule for completing the backlog of

Maintenance or Repair work arising from Uncontrollable Circumstances. If Contractor completes the recovery schedule on time, the evaluation of Contractor's performance will not be impacted by the Uncontrollable Circumstances. All Maintenance and Repair work arising after the end of the Uncontrollable Circumstances shall be subject to the service repair times outlined in this Contract, except in the event that City requests

Contractor to divert its workforce to other activities, such as storm restoration, then the

Maintenance and Repair work shall be treated as backlog work and subject to a recovery schedule due to Uncontrollable Circumstances.

The following shall not be considered Uncontrollable Circumstances: weather conditions other than Inclement Weather, inadequate construction force or lack of coordination with other contractors, or the failure of Contractor to adequately schedule and supervise the work or obtain the required personnel, equipment or material, or the failure of Contractor to place orders for equipment or materials sufficiently in advance to insure delivery when needed.

2. Inclement Weather - For the purposes of this Contract the term "Inclement Weather" shall be defined as weather conditions under which American Fork employees are not required to work pursuant to current safety policies.

3. Public Relations - Neither party to this Contract shall release this Contract nor any portion of this Contract to a third party without the prior written approval of the other party, except as may be required by law.

EXHIBIT

II

Time and Material

Rate

Effective –

1. Labor Rates (Revised annually on March 1 per Exhibit I Section E. 4.)

Classification Straight Time

Shift Premium

Over Time

Double Time

2. Equipment Rates (Revised annually on March 1 per Exhibit I Section E. 4.)

Classification Hourly Rate Auto, SUV

Bucket Truck, 37' Reach

Bucket Truck, 55' Reach

Digger Derrick

Pickup, 3/4 to 1 Ton

Flat Bed or Dump Bed - Single Axle

Flat Bed or Dump Bed - Double Axle

Trailer, Pole, Cable, or Flatbed

Trencher

Truck, Tractor

Boring Machine

Trailer Mount Vac-Excavator

Hydro-Vac Excavator

Excavator, Mini

Compressor, Trailer Mount

Arrow Board, Trailer Mount

Any additional equipment furnished by Contractor, which is not owned by the

Contractor, will be billed at the actual invoice cost to the Contractor, plus 7%.

3. Material Costs

The billable rate to the City for material costs will be calculated at the actual invoice cost to the Contractor plus 7%.

4. Subcontractor Costs

The billable rate to the City for subcontractor costs will be calculated at the actual invoice cost to the Contractor plus 7%.

ATTACHMENT B:

RFP AGREEMENT

Streetlight Repair, Construction

Maintenance Services

THIS PAGE MUST BE COMPLETED, PROPERLY SIGNED, AND RETURNED FOR THIS

PROPOSAL TO BE CONSIDERED COMPLETE.

CERTIFICATION

I, the undersigned, affirm that this proposal is made on behalf of the below-named individual/company, for whom I have legal authority to commit to the terms and conditions set forth in the RFP and this response, to which I/we agree to be bound if this proposal is found acceptable by American Fork City;

and that this proposal is made without any collusion or coercion on the part of any person, firm, corporation, or other entity.

Company Name:

Address:

Representative:

Title:

Phone: Fax:

Email address:

Insurer: Policy #: Coverage Amounts:

Signature of authorized representative:

__________________________________________ Date:_______________

American Fork Public Works

275 East 200 North

American Fork, UT 84003

(801) 763-3060