1-RFP PRT 1300 E UTA Bridge Crossing Construction RFP 3.13.2026 v1.pdf

Parks & Recreation Department 12354 S. 800 E.

Draper, Utah 84020

REQUEST FOR PROPOSALS

Construction Services for

Porter Rockwell Trail

1300 East UTA Bridge Crossing

CIP #25-21

Proposal Due Date: April 29, 2026 @ 5:00 PM

This RFP is an “ELECTRONIC REPLY” only RFP

I. GENERAL INFORMATION

A. Introduction

1. Draper City is seeking competitive sealed proposals from qualified, licensed contractors to provide construction services for the Porter Rockwell Trail - 1300 East UTA Bridge Crossing, located at 1300 East Highland Drive, Draper, Utah.

2. This RFP is designed to provide interested Contractors with sufficient basic information to submit proposals meeting minimum requirements, but is not intended to limit a proposal’s content or exclude any relevant or essential data.

3. Contractors are at liberty and are encouraged to expand upon the scope of work activities so long as the minimums are met; however, proposals should be concise, not exceeding 50 pages, and focus on relevant information.

4. Draper City reserves the right to reject any or all proposals, or to waive any formality or technicality in any proposal, in the best interests of the City.

5. While it is the intent of the City to proceed with this solicitation, nothing herein shall obligate the City to enter into a contract.

6. The City reserves the right to cancel this RFP in whole or in part at any time if it is in the best interest of the City.

7. The City shall not be liable for any costs incurred by respondents in preparing or submitting proposals or negotiating contracts, and all such costs are at the respondent’s sole risk.

B. Background Draper City is located in the southeastern part of Salt Lake County and northern Utah County and currently has a growing population of approximately 50,000 residents. The city owns and maintains approximately 200 acres of developed parks, over 100 miles of trail, and approximately 4,000 acres of open space.

The Porter Rockwell Trail serves as the main backbone of the city’s trail system.

Currently the trail has an at-grade crossing of 1300 East at an existing signalized intersection. Due to the popularity of the trail, the City received permission from UTA to use the current railroad bridge, which is not in use, for the trail crossing of 1300 East.

This project includes the construction of the paved trail over the existing railroad bridge along with a secondary trail access to the existing trailhead on south side of the bridge.

II. PROJECT INFORMATION

A. Project Improvements

1. Scope of Work

Contractor Items:

• Furnish and install Storm Water Pollution Prevention Plan (SWPPP) items.

• Clear and grub site per plans, including the removal and salvage of segments of the existing railroad tracks.

• Grade site to elevations shown on plans.

• Furnish and install 10’ wide paved trails, per plans

• Place hydroseeding on all disturbed areas.

Items Provided by City

• The restoration of the existing irrigation system and landscaping will be done by the city after the trail project is completed. Contractor will be responsible to cap all impacted irrigation lines and install future use sleeve.

• The installation of the rail fencing will be done by the city after the trail project is completed.

B. Scope of Contractor Services

The Contractor will be required to provide a full range of construction services for the project. The Contractor shall perform and meet all of the requirements listed in this RFP and the Contract Documents. In general, the Contractor shall perform services, as follows:

• Abide by Draper City Engineering Standards and Specifications;

project plans; and contract documents. Refer to project plans, specifications, bid summary sheet, and construction agreement.

• Abide by Utah Transit Authority (UTA) requirements for the project.

Refer to “UTA Notes” on sheet G1.0 on the plans.

• Secure right of entry permit from UTA, including providing required proof of insurance. Contractor shall adhere to the current UTA construction safety manual. Refer to http://www.rideuta.com/Doing- Business/Property-Management for required forms and requirements.

• Secure and implement required SWPPP from the city as required for sites under 1 acre.

• Provide construction surveying.

• Contact utility providers to locate existing utilities prior to construction.

• Protect all existing improvements, unless otherwise noted on the plans.

http://www.rideuta.com/Doing-Business/Property-Management http://www.rideuta.com/Doing-Business/Property-Management

• Maintain safe construction site, including any required traffic control devices to insure safe and efficient movement of both vehicle and pedestrian traffic through and around construction site.

• Furnish and install all work as required in the Contract Documents.

• Supervise and direct the work of subcontractors.

• Provide a project superintendent for the duration of the project.

• Provide and maintain a construction schedule.

• Attend weekly progress meetings with the City.

• Provide the City with post-construction services, including but not limited to, operations and maintenance training, as-builts, and warranty inspections for the project.

The Contractor must present evidence of the following:

• A license to do work as a design professional and general contractor in the State of Utah and perform the work required for the project

• The ability to sufficiently acquire all necessary bonding for the project

• The ability to acquire necessary insurance for the project and include

Draper City as an additional insured for the project

• A knowledge of all Federal, State, and local regulations pertaining to construction

• Experience in working with all proposed subcontractors.

C. Schedule

1. Proposed Project Timeline

Contractors submitting proposals need to be aware that Draper City desires to contract with a Contractor that can timely supply all construction services necessary for the project.

The following are the scheduled dates currently planned by the City.

The City reserves the right to modify this schedule for reasons including, but not limited to, unforeseen circumstances, funding constraints, or delays in owner-supplied items, with appropriate adjustments to the contract as needed:

• RFP Due Date and Time April 29, 2026, 5 PM

• Anticipated Notice of Award May 13, 2026

• Anticipated Notice to Proceed June 2026

• Anticipated Completion of Project Fall 2026

III. PROPOSAL INFORMATION

A. General Information

1. Draper City reserves the right to extend the due date and time if it is determined to be in the best interest of the City.

2. Electronic proposal only will be accepted through Bonfire.

3. All questions must be submitted through Bonfire and all answers will be given through Bonfire.

4. RFPs and or RFP modifications received after the due date and time will not be accepted.

5. It is the sole responsibility of the bidder to ensure that Bonfire receives the response prior to the closing date and time.

6. Be aware that entering information and uploading documents into Bonfire may take considerable time.

7. Please allow sufficient time to complete the online forms and upload documents. Bidders should not wait until the last minute to submit a response.

8. It is recommended that Bidders submit responses a minimum of 24 hours prior to the closing deadline.

9. The deadline for submitting information and documents will end at the closing time indicated in the solicitation.

10. All information and documents must be fully entered, uploaded, acknowledged (Confirm) and recorded into Bonfire before the closing time or the system will stop the process and the response will be considered late and will not be accepted.

11. Responses submitted in Bonfire are completely secure. No one

(including the purchasing agent) can see responses until after the deadline.

12. Finalists may be asked to prepare an oral presentation of their proposal. City staff will notify all Contractors within a reasonable time after the selection process has been completed.

13. The City will select the proposal determined to be in the best interest of the city and according to the criteria outlined in the RFP.

B. Proposal Format

Proposals must be concise and in an easily understandable format.

Proposals shall contain the following information, in the general order listed:

1. General Information

• Letter of Transmittal – The letter of transmittal shall include an introduction of the Contractor's company, an expression of the Contractor's ability and desire to meet the requirements of this RFP, and any other information not appropriately contained in the proposal.

• Attachment 1 - Contractor Information/Authorization – The Contractor shall include an executed copy of Attachment 1, which includes the Contractor’s name, address, telephone number, and license information. A company representative authorized to bind the Contractor contractually must sign the form.

2. Technical Summary and Assessment

• Executive Summary - An executive summary, which briefly describes the Contractor's approach and clearly indicates any options or alternatives, must be included. It must also indicate any major requirements that cannot be met by the Contractor.

This summary should also highlight the major features of the proposal and identify any supporting information considered pertinent. In short, the reader should be able to determine the essence of the proposal and how well it meets the requirements by reading the executive summary.

• Project Assessment - A general but complete narrative overview of the Contractor's assessment of the work to be performed and the ability to meet those aims, along with the resources necessary to meet the requirements of this RFP. Any assumptions or exclusions shall be clearly identified. This overview should clearly demonstrate the Contractor's understanding of the desired overall performance expectations and how they will be achieved.

3. Experience

• Project Team - A list and description of the project team, including Contractor, Sub-Contractors, and Designers. Identify any special qualifications, which make them best suited to complete this project. Identify the availability of the project personnel. (Resumes of each project team member may be included in a proposal appendix).

• References - To be considered for this project the Contractor will need to have completed at least three (3) similar projects in both size and scope within the past five years and provide information about these similar projects. Include a project description, the name of the owner, phone number, business address and name of the contact person.

4. Schedule

• The contractor shall develop and submit a proposed schedule that identifies a start and end date for each key aspect of the project. Estimate a date of completion for each section as well as a date of completion for the entire project. Include a description of availability and indicate how soon after award of contract that work will begin.

5. Insurance

• Evidence that all insurance policies required per the standard contract terms and conditions (see Exhibit A in attachment 2) are in effect (include evidence of sufficient general liability, workers compensation).

6. Cost Proposal (Separate Attachment)

• The Contractor must submit a cost proposal allowing costs to be evaluated independently of other criteria in the proposal (provide as separate attachment). The cost proposal submitted shall include all items included in the itemized Bid Summary Sheet Attachment 3. The Bid Summary Sheet is intended to be all-inclusive.

• The pricing for all products and services shall remain firm for the duration of the contract. No price changes, additions, or subsequent qualifications will be honored throughout the duration of the contract except with approved change orders.

Pricing on all transportation, mobilization and other charges shall be prepaid by the Contractor and included in the proposal price. The Contractor must indicate any additional charges not included on the Bid Summary Sheet or forfeit the right to payment for such items.

• Bid Bond - a bid bond payable to Draper City (OWNER) for five percent of the total amount of the bid. When the contract is executed, and the OWNER receives the performance, payment, and all other required bonds, the bid bond of the successful bidder will be returned. A certified check made payable to OWNER may be used in place of the bid bond.

C. Submittal Requirements

1. Electronic proposals only, will be accepted. Proposals will be received by Draper City, through Bonfire, until 5:00 PM April 29, 2026.

2. Draper City is not responsible for vendor access with Bonfire.

3. All questions must be submitted through Bonfire and all answers will be given via Bonfire.

4. Questions may be submitted until April 28, 2026 at 5:00 p.m.

5. The City will select the proposal determined to be in the best interest of the city and according to the criteria outlined in the RFP.

D. Representations and Warranties

By submitting a proposal, each Contractor represents and warrants that:

1. Its proposal is made in good faith.

2. Its proposal is not submitted in the interest of, or on behalf of, another person or entity.

3. It has not directly or indirectly induced or solicited any other proponent to submit a bid other than in good faith.

4. It has not directly or indirectly induced or solicited any other person or entity to abstain from submitting a proposal.

5. It has not sought by collusion to obtain for itself any advantage over other proponents or the City.

6. It shall not violate, or cause any other person or entity to violate, any Federal, State, or municipal law, including (but not limited to) the Utah Municipal Officers and Employees Ethics Act.

E. Confidentiality

1. All responses, inquiries, and correspondence relating to this Request for Proposals and all reports, charts, displays, schedules, exhibits, and other documentation produced by the bidder that is submitted to Draper City, as part of the bid or otherwise, shall become the property of Draper City when received by Draper City and may be considered public information under applicable law. Draper City is subject to the disclosure requirements of the Government Records Access and Management Act, (“GRAMA”)Title 63, Chapter 2, Utah Code Annotated. Draper City generally considers bids and all accompanying material to be public and subject to disclosure.

2. Any material considered by the bidder to be proprietary must be accompanied by a written claim of confidentiality and a concise written statement of reasons supporting the claim as required by GRAMA, Section 63G-2-309. Blanket claims that the entire Request for Bids is confidential will be denied. Draper City cannot guarantee that any information will be held confidential. If the bidder makes a claim of confidentiality, Draper City, upon receipt of a request for disclosure, will determine whether the material should be classified as public or protected, and will notify the bidder of such determination. The bidder is entitled under the GRAMA to appeal an adverse determination. Draper City is not obligated to notify the bidder of a request, and will not consider a claim of confidentiality, unless the bidder’s claim of confidentiality is made in a timely basis and in accordance with the GRAMA.

IV. EVALUATION CRITERIA

A. General Information

1. The City reserves the right to request additional information, clarifications, or interviews with shortlisted contractors during the evaluation process. The contract will be awarded to the contractor whose proposal is deemed most advantageous to the City based on the evaluation criteria and the overall best value to the community.

2. An RFP award shall be based on awarding to the highest-scoring contractor that meets all requirements.

3. The Evaluation Committee reserves the right to recommend a

Contractor based upon the written proposal, without further discussions. Should the Committee determine that further discussions would be in the best interest of the City, the Committee shall establish procedures and schedules for conducting discussions and will notify qualified Contractors. When in the best interest of the City, the Committee may permit qualified Contractors to revise their proposals by submitting a “Best And Final” Proposal.

4. It is the City’s intention to award this contract to a single Contractor, however, the City may reject all proposals if requirements are not met.

5. To determine which Contractor provides the best value to the procurement unit, the Evaluation Committee shall evaluate proposals that have not been disqualified from consideration under the provisions using the criteria described in this RFP.

6. Contracts issued by Draper City, as a result of the Request for

Proposal, will not be legally binding without the written approval of the City Purchasing Agent or City Manager.

7. The City can reject any and all proposals. The City can waive any informality or technicality in any proposal received if the City believes it would serve the best interest of the City.

B. Selection Criteria

The successful Contractor will be selected in accordance with the City procurement policy. The selection criteria to be used by the selection committee includes the following:

1. Technical Summary and Assessment:

• Contractor's analysis, preparation and level of interest, focus on the project’s specific requirements, and execution.

• Understanding of scope, schedule, and interfacing tasks

• Technical alternatives, creativity, and problem-solving ability.

• Schedule control, cost control, and quality assurance.

2. Experience (including sub-contractors):

• Experience, knowledge, skills and technical capabilities of project team.

• Previous projects/work that reflects relevant expertise or groundwork available for the proposed project.

• Familiarity with locale and its geographic characteristics, as well as local government agencies.

3. Schedule:

• Proposed realistic project schedule.

4. Costs:

• The reasonableness of costs, including unit pricing, provided on the bid summary sheet.

C. Scoring Criteria Proposals will be weighted in the following manner:

• Technical Summary and Assessment 20%

• Experience: 30%

• Schedule: 10%

• Costs: 40%

V. AWARD OF CONTRACT

1. Upon completion of the evaluation process contemplated by the Draper City Municipal Code and this RFP, the City may, but is not required to, negotiate with and award a contract for the Scope of Work to the proponent which provides the best economic advantage whose proposal is determined in the sole discretion of the City to be in the best interests of the City.

2. If the City decides to award a contract pursuant to this RFP, the successful proponent shall be required to enter into a contract with the City for the Scope of Work, as set forth in Attached Agreement Template hereto. The terms and conditions set forth in Attached Agreement Template are non-negotiable, and may not be changed or conditioned upon the contents of any proposal submitted pursuant to this RFP. The City may consider adding additional terms and conditions suggested by the proponent to said contract, but is not required to implement any such terms and conditions into the final contract.

Proponents are urged to give special attention to the insurance and bond/letter of credit requirements set forth in Agreement Template (Attachment 2). The aforementioned bonds/letters of credit must be provided on one of the forms attached hereto as Attachments and shall become part of the final contract.

The City reserves the right to reject any and all proposals and to waive any formality in the proposals received, to accept or reject any or all of the items in the proposal, and award the contract subject to this RFP, in whole or in part, if it is deemed in the City’s best interest. The City reserves the right to negotiate any and all elements of the proposals if any such action is deemed in the best interest of the city.

ATTACHMENT 1

CONSTRUCTION SERVICES RFP FOR

PORTER ROCKWELL TRAIL 1300 EAST UTA BRIDGE CROSSING

TO: Draper City Parks and Recreation Department 12354 S. 800 E.

Draper, Utah 84020

The undersigned, having carefully read and considered the Request for Proposal to provide construction services for Porter Rockwell Trail 1300 East UTA Bridge Crossing, does hereby offer to perform such services on behalf of the City, in the manner described and subject to the terms and conditions set forth in the attached proposal. Services will be performed at the rates set forth in said proposal.

OFFEROR

Company Name: ___________________________________________________________

Doing business as: [ ] an individual [ ] a partnership [ ] a corporation [ ] a limited liability company (mark appropriate box), duly organized under the laws of the State of___________.

BY: ___________________________________ ___________________________________

(Signature of authorized representative) (Please Print or Type Name)

PRINCIPAL OFFICE ADDRESS:

Street Address__________________________________________________________________

City ___________________________________ County ____________________________

State __________________________________ Zip Code____________________

Telephone ( ) ________________________________

E-mail Address ________________________________________________

TAXPAYER IDENTIFICATION NUMBER:

Employer I.D. No. _______________________OR Social Security No. ___________________ (Corporation or Partnership) (Individual)

UTAH CONTRACTOR/PROFESSIONAL LICENSE NUMBER:

Contractor License No. ______________________

ATTACHMENT 2

CONSTRUCTION AGREEMENT TEMPLATE

CONSTRUCTION AGREEMENT

<NAME OF PROJECT>

PART 1. GENERAL

Date: This Contract made this ___ day of ________, 20__

1.1 Contractor

Name: XXX Address: XXX which is a corporation organized in the State of Utah.

Telephone: XXX Contractor’s Representative: XXX Federal Tax #: XXXX Utah License number: XXX

1.2 Owner (herein called “Owner” or “City”)

Draper City Corporation, a municipal corporation of the State of Utah.

The Draper City Parks and Recreation Department is located at 1020 East Pioneer Road; Draper, Utah 84020.

Telephone: (801) 576-6571

1.3 Project. This project shall be known as the <NAME OF PROJECT> which consists of, but is not limited to, <LIST SITE IMPROVEMENTS>, more specifically described in the Contract Documents, herein called the “Project.”

1.4 Engineer means the City’s representative and agent for this Construction Contract, or any other person designated to the Contractor in writing by the City Engineer.

1.5 Construction Contract. The construction contract shall consist of the following documents: the Invitation to Bid, Bidder Information, Additional Instructions to Bidders, Bid of the Contractor, Bid Bond, Conditional Notice of Award, this Construction Agreement, Notice to Proceed, Insurance

Requirements, the City of Draper Engineering Standards and Specifications, Project Drawings, Change Orders or Supplemental Agreements, including the Bid Forms, Addenda to the Drawings and\or Specifications, and Measurement and Payment, collectively referred to as the Contract Documents, all of which are incorporated herein by reference. In the case of conflict in the Contract Documents, the documents shall govern in the order set out in General Conditions

1.6 DEFINITIONS. The definitions of words set out in the General Conditions for Municipal Construction (sometimes herein called the “General Conditions”) shall apply throughout this Agreement unless the context clearly indicates otherwise.

1.7 INSURANCE. The Contractor shall acquire and maintain during the term of the Contract insurance in the amount specified in EXHIBIT A attached hereto.

Coverage shall be maintained for one year after the Project Acceptance for Maintenance Date.

1.8 LIABILITY. The Contractor shall save, keep and hold harmless the City, its officers, agents, employees and volunteers from all damages, costs or expenses in law or equity, including attorneys fees, that may at any time arise or be set up because of damages to property, bodily injury or personal injury received by reason of or in the course of performing Work which may be occasioned by any willful, negligent or wrongful acts or omissions of the Contractor, any of the Contractor's employees or any subcontractor. The City will not be held liable for any accident, loss or damage to the Work prior to its completion and acceptance.

1.9 NO DAMAGE CLAUSE. The Contractor herewith specifically waives claims against the City for damages for any hindrance or delay not caused by the fault of the City. Contractor will, in lieu thereof, be granted extensions of time for delays not the fault of the Contractor, his suppliers, subcontractors, or sub-subcontractors. The Contractor shall not make any claim for damages against the City for any hindrance or delay for claims made until after the City has been notified of the claim and has had 24 hours to respond.

1.10 PERFORMANCE AND PAYMENT BONDS. Contractor shall furnish to the City a payment and performance bond satisfactory to the City guaranteeing Contractor’s payment and performance, in the amount, for each separately, of 100% of the contract Amount according to the terms of this Agreement. All materials, equipment, parts and labor and any necessary corrections to the Project shall be guaranteed for a period of one year following the date of Project Acceptance for Maintenance, which guarantee shall be covered by the terms of the performance bond.

PART 2. SCOPE OF WORK

2.1 Generally.

A. Contractor shall furnish all labor, materials, equipment, bonds, insurance, permits, fees, and all other charges, expenses or assessments of whatever kind or character to complete the Project, consisting of the work described in the Contract Documents.

B. Work shall conform in all ways to the most recent edition of the Draper City Standard Specifications and Details for Municipal Construction, along with all existing ordinances.

C. As required by Section 63G-11-103, Utah Code Annotated (1953 as amended), Contractor certifies it has registered and participates in the Status Verification System to verify the work eligibility status of Contractor’s new employees that are employed in the state.

2.2 Subcontractors. No part of this contract shall be subcontracted by the Contractor without approval by the Engineer. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by Contractor. The Contractor shall not award work to any Subcontractor in excess of fifty percent (50%) of the contract price, without prior written approval of the City.

2.3 City’s Right to Order Changes in the Work. Notwithstanding other provisions of this Agreement, the City may, upon written notice to the Contractor, order changes in the work, provided that doing so does not alter the scope of the contract work. If the Contractor believes that any such change cannot be performed within the time allowed for the Project, or for that phase of the Project, or that such a change does alter the scope of the contract work, or that Contractor cannot perform the change except at additional cost, then it shall promptly so notify the Engineer in writing.

2.4 City’s Unilateral Suspension of Work. Notwithstanding other provisions of this Agreement, the City may, upon written notice to the Contractor, order suspension of the Work for any reason, upon written notice to the Contractor.

2.5 Differing Site Conditions. Information provided about the Project construction site is provided by the City or its agents as a convenience to the Contractor and its subcontractors. The Contractor should verify all such information independently unless the parties specifically agree in writing otherwise. In the event that the Contractor encounters site conditions which would have been reasonably foreseeable from a visit to the Project site, and from a review of the materials provided to the Contractor by the City prior to the Contractor’s bid submission, then the Contractor shall be responsible for all additional Work, costs and expenses associated with those differing site conditions. If, on the other hand, the Contractor encounters site conditions which would not have been reasonably foreseeable from a visit to the Project site, and from a review of the materials provided to the Contractor by the City prior to the Contractor’s bid submission, then the Contractor shall be paid for the reasonable costs and expenses of the Work resulting from the differing site conditions as provided in Section 6.02 of the General Conditions.

PART 3. MONEY AND TIME

3.1 CONTRACT PRICE

A. The Contract Price includes the cost of the Work specified in the Contract Documents, plus the cost of all bonds, insurance, permits, fees, and all charges, expenses or assessments of whatever kind or character.

B. The schedule of prices awarded as separate items from the bid schedule are as follows:

Bid Schedules Total ($) Schedule A: XX $XX Schedule B: XX $XX

Grand Total $XX

3.2.

A. Contract Time, Changes in Contract Time. The work on this Project shall commence within ten (10) days of receipt of the Notice to Proceed. The work shall be completed by COMPLETION DATE. The parties agree that this is a reasonable time for completion of the work. Work stoppage due to inclement weather conditions and other factors must be approved by the Engineer. The Contractor shall notify the Engineer of a claim of delay due to inclement weather within one (1) week of the days claimed as delayed. Notwithstanding other provisions of this Agreement, the City may, upon written notice to the Contractor, change the time of performance of the Agreement, provided that doing so does not alter the scope of the contract work. If the Contractor believes that any such change cannot be performed except at additional cost or without the extension of time of performance of the contract, or an extension of time for that phase of the contract, then it shall promptly so notify the Engineer in writing. Time is of the essence of this agreement.

3.3 Punch List Time

A. Pursuant to Section 5.04 of the General Conditions, the Work will be complete and ready for final payment within thirty (30) days after the date Contractor receives Engineer's Final Inspection Punch List unless exemptions of specific items are granted by Engineer in writing or an exception has been specified in the Contract Documents.

B. Permitting the Contractor to continue and finish the Work or any part of the Work after the time fixed for its completion, or after the date to which the time for completion may have been extended, whether or not a new completion date is established, shall in no way operate as a waiver on the part of the Owner of any of Owner's rights under this Agreement.

3.4 LIQUIDATED DAMAGES.

A. Late Completion: Time is of the essence of the Contract Documents.

Contractor agrees that Owner will suffer damage or financial loss if the Work is not completed on time or within any time extensions allowed in accordance with Section 5.06 of the General Conditions. Contractor and Owner agree that proof of the exact amount of any such damage or loss is difficult to determine.

Accordingly, instead of requiring any such proof of damage or specific financial loss for late completion, Contractor agrees to pay the following sums to the Owner as liquidated damages and not as a penalty.

1. Late Contract Time Completion: One Thousand Dollars ($1,000) for each day or part thereof that expires after the Contract Time until the Work is accepted as substantially complete as provided in Section 5.03 of the General Conditions, which the parties believe is a fair estimate of the loss the City will suffer due to the difficulty of actually assessing the damages the City will suffer in the event of such a delay, and which the parties agree is not a penalty.

2. Late Punch List Time Completion: One Thousand Dollars ($1,000) for each day or part thereof if the Work remains incomplete after thirty (30) days following the time the punch list is delivered to the Contractor, provided that no such damages shall be collected until after the Contract Completion Date. The parties agree that this is not a penalty. The Punch List shall be considered delivered on the date it is transmitted by email, hand delivery or received by the Contractor by certified mail.

B. Work Sequence Completion: Time is of the essence of sequenced work.

If a work sequence is specified, then for each day or part thereof that exceeds the specified time and until Engineer determines such work sequence is Substantially Complete, the Contractor agrees to pay the following sums per day to the OWNER as liquidated damages and not as a penalty.

C. Survey Monuments: No land survey monument shall be disturbed or moved until Engineer has been properly notified and the Engineer's surveyor has referenced the survey monument for resetting. The parties agree that upon such an unauthorized disturbance it is difficult to determine the damages from such a disturbance, and the parties agree that Contractor will pay as liquidated damages the sum of $1,000 to cover such damage and expense. Only the

Engineer’s licensed surveyor shall reset the monument, and at the Contractor’s sole cost.

D. Interruption of Public Services: No interruption of public utility services or damage to public service facilities, defined herein as an interruption to City potable water supply, street lighting, storm water or irrigation systems, herein called Public Service Facilities, shall be caused by Contractor, its agents or employees, without the Engineer's prior approval. Owner and Contractor agree that in the event Owner suffers damages from such interruption, the amount of liquidated damages stipulated above shall not be deemed to be a limitation upon Owner's right to recover the full amount of such damages. Contractor shall immediately notify the owner of the public utility if Contractor, or any subcontractor or other agent or employee of Contractor interrupts or damages Public Service Facilities. In addition, the Contractor shall immediately notify the Engineer of any such interruption, and in the case of an interruption to Public Service Facilities or services, the Contractor shall immediately notify the Public Works Department by the fastest means possible. The Public Works Departments telephone number is 576-6517; the City’s emergency dispatch number is 831- 4000. The City ENGINEERING or Public Utilities Departments may sometimes also be reached by dialing 911. Contractor shall pay within 30 days of receiving a written statement for any charges for repairs or damages arising out of the damage to or interruption of Public Service Utilities or services.

E. Deduct Damages from Monies Owed Contractor: Owner shall be entitled to deduct and retain liquidated damages out of any money which may be due or become due the Contractor. To the extent that the liquidated damages exceed any amounts that would otherwise be due the Contractor, the Contractor shall be liable for such amounts and shall return such excess to the Owner.

3.5 PAYMENT PROCEDURES

A. Progress Payments. Contractor shall submit applications for payment, but not more often than once every 30 days. Payment shall not become due or payable for any contract item not provided or installed by Contractor according to the Contract Documents, unless otherwise approved by the Engineer. At no time shall the aggregate amount of money paid to the Contractor in proportion to the Contract Amount be greater than the proportion of the work performed at that point to the total Project work.

1. Withholding Payment. Owner reserves the right to withhold payment from Contractor for non-compliance with any provision of the Contract Documents.

B. Final Payment.

1. Submittal. Final payment shall not be made until the Contractor has delivered and Engineer has accepted the following submittals:

a. A written request for final payment, signed by the Contractor’s Representative,

b. An affidavit from the Contractor’s Representative, and reasonable evidence that all payments due and owing to subcontractors , laborers, suppliers of equipment and Materials, and all other outstanding indebtedness of the Contractor related to the Project have been fully paid, discharged, or waived by the person owed the money;

c. All Project Material inspection and testing reports,

d. Evidence that the performance bond has been extended for the one year warranty period; and

e. Waiver of Lien, Full and Final Release form.

2. Evidence of Payment. The Engineer may, at his sole option, accept evidence by the Contractor that arrangements have been made for such payments based thereon.

3. Payment to Subcontractors, Suppliers. If the City reasonably believes that Contractor has failed to pay Subcontractors, suppliers of Materials, or laborers for work on the Project within a reasonable time of when payment is due, then City may, at its discretion, either pay unpaid bills and withhold from the Contractor's payment, or make a claim against any bond for this Project in the amount of the Engineer’s estimate of the amount of money he deems sufficient to pay any such lawful claim. The City shall notify the Contractor of any such payment.

4. Price Adjustments: City may, in its discretion, make partial payment to the Contractor for certain non-conforming work in advance of any negotiated settlement reached between the Contractor and the City, provided the Contractor requests in writing that this be done, and the Engineer approves it. Contractor agrees that any such payments made by the City are "payments in advance" and that any money which becomes due when the final settlement is negotiated will not constitute payments "withheld" or "retained" under State law.

5. City Released From Claims: The payment and acceptance of the final Contract Price due and the adjustment and payment for any Work done in accordance with any alterations of the same, shall release the City from any and all claims of Contractor on account of Work performed under the Contract Documents or any Change Order thereof, except for those claims specifically agreed to as reserved and unresolved by the City.

3.6 Extra Work. No money will be paid to the Contractor for any additions, deletions or revisions in the Work as stipulated in the General Conditions, unless a contract for such has been made in writing and executed by the City and Contractor.

3.7 Bond Releases. In addition to those remedies allowed the City under Subsection 3.5(B)(3) above, the City may withhold release of a reasonable amount of the payment bond sufficient to cover any outstanding indebtedness or monies owed or claimed by any person who supplied work or materials to the Project, or any uncorrected substandard work, until Contractor supplies a release of the City satisfactory to it signed by all persons who have supplied labor or materials to the Project. The Contractor shall supply to the Engineer within a reasonable time after his request a signed statement verifying all the suppliers, subcontractors and other persons who have supplied labor or materials to the Project.

3.8 Change Orders. Any change order which increases the total contract amount must be approved by a written certification by the ENGINEER.

PART 4. DEFAULT

4.1 DEFAULT EVENTS. Upon the occurrence of one or more of the following events:

A. Breach. If Contractor or any Subcontractor should substantially violate any of the provisions of this contract;

B. Substantial Failure to Perform. If Contractor substantially fails to perform any part of this Agreement;

C. Repeated Failure or Inability to Perform. If Contractor repeatedly fails or becomes unable to perform the services under this Agreement as required herein, or substantially fails to provide services under this Agreement for a period of 72 hours;

D. Insolvency, Inability to Pay Debts, Bankruptcy. If Contractor (i) shall become insolvent in a bankruptcy sense; (ii) shall be generally not paying its debts as they become due, or within a reasonable time thereafter; (iii) shall suffer, voluntarily or involuntarily, the entry of an order by any court or governmental authority authorizing the appointment of or appointing of a custodian (as that term is defined in 11 U.S.C. §101[10]), receiver, trustee, or other officer with similar powers with respect to it or any portion of its property which remains un-dismissed for a period of 90 days; (iv) shall suffer, voluntarily or involuntarily, with or without judicial or governmental authorization, any such custodian, receiver, trustee, or other officer with similar powers to take possession of any part of its property which third party remains in possession for an excess of 90 days; (v) shall suffer, voluntarily or involuntarily, the filing of a petition respecting an assignment for the benefit of creditors which is not dismissed for a period of 90 days;

(vi) shall be dissolved; (vii) shall become the subject of any proceeding, suit, or action at law or in equity under or relating to any bankruptcy, reorganization or arrangement of debt, insolvency, readjustment of debt, receivership, liquidation, or dissolution law or statute or amendments thereto to be commenced by or against it or against any of its property which remains un-dismissed for a period of 90 days; (viii) shall voluntarily suspend substantially all of its business operations; (ix) shall be merged with, acquired by, or otherwise absorbed by any individual, corporation, or other business entity or organization of any kind except for any individual corporation or other business entity or organization which is controlled by, controlling, or under common control with the Contractor;

or (x) shall take action for the purpose of any of the foregoing, Then the City may, after serving ten (10) days' written notice (or such time set out in the notice in the City’s reasonable discretion) on the Contractor and its surety of the City’s intention to terminate the services of Contractor, and if within such notice period after serving such notice, the violation is not corrected to City's reasonable satisfaction, may take over the work and prosecute it to completion by contract or by any other method it may deem advisable. The Contractor and the bonding company shall be liable to the City for any reasonable cost occasioned by the City in excess of the amount agreed for such work as provided in this Agreement.

4.2 HEARING. The Contractor shall be entitled to a hearing before the City’s department head responsible for the Project, or his or her designee(s) upon the issue of termination if it submits a written request there for within seven (7) days of the service of the notice of the City's intent to terminate. The Contractor shall be entitled to be heard at such hearing on the issue of termination. The Contractor shall not bring an action against the City, its officers, agents or employees arising out of or relating to the termination of this Agreement before the decision is issued by the City's hearing officer(s).

4.3 WAIVER. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of any provision of this Agreement shall not be construed to be a modification of the terms of this Agreement, unless stated to be such in writing, signed by the City's authorized representative.

4.4 CONTINUE PERFORMANCE. The Contractor shall continue the

performance of this agreement to the extent not terminated under the provisions of this Part.

4.5 REMEDIES NOT EXCLUSIVE. The rights and remedies of the City provided in this part shall not be exclusive and are in addition to any other rights and remedies provided by law or under this agreement.

PART 5. MISCELLANEOUS COVENANTS

5.1 ASSIGNMENT NOT BINDING WITHOUT WRITTEN CONSENT

A. City and Contractor agree no assignment of any right or interest in the Contract Documents will be made without the written consent of the City and the Contractor. No assignment will release or discharge the City or the Contractor from any duty or responsibility under the Contract Documents unless specifically authorized in writing.

B. Contractor shall make no assignment of money that is due without the City's written consent (except to the extent that the effect of this restriction may be limited by law or regulation).

5.2 BINDING TERMS. City and Contractor each binds 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.

5.3 CONTROLLING LAW. This Agreement shall be construed in accordance with and enforced under the laws of the State of Utah.

5.4 ASSIGNMENT. The Contractor shall not assign nor transfer any interest in this agreement without the prior written consent of the City, provided however, that claims for compensation due or to become due the Contractor from the City under this agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment shall be promptly furnished to City.

5.5 UNENFORCEABLE CONTRACT, WAIVERS. In the event that any provision of this contract shall be ruled invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same provision by the other party.

5.6 ENTIRE AGREEMENT. This contract represents the entire integrated agreement between City and Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written modification signed by the parties.

5.7 WORKING HOURS. All work performed by the Contractor, its

subcontractors, material-men, agents and employees shall be performed during work hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday unless special prior arrangements for other hours have been requested and approved in writing by the Engineer. Contractor shall minimize noise disturbance to the surrounding neighborhood by maintaining efficient noise attenuation devices on all noise generating equipment as determined by the Engineer and Draper City Council.

5.8 THIRD PARTY RIGHTS. Nothing herein is intended to confer rights of any kind in any third party.

5.9 PARTIES' REPRESENTATIVES. For purposes of notice required or desired by the parties, or communication involving the services under this Agreement, such notice or communication shall be deemed to have been given when personally delivered, or sent by facsimile transmission, or mailed by certified mail, postage pre-paid, to the parties at the following addresses:

Contractor: Contractor’s Representative designed at the top of this document, or such other person designated in writing by the Contractor's chief administrative officer, at the Contractor's address set out first above;

Draper City: Engineer, at the address set out first above for the City, or when given to such other person as either of the above representatives shall designate in writing. The designation of any address may be changed by notice given in the same manner as provided in this paragraph.

5.10 SEVERABILITY. Should any part of this Agreement for any reason be declared invalid, such decision shall not affect the validity of any remaining provisions, which remaining provisions shall remain in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated, and it is hereby declared the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions which may, for any reason, be hereafter declared invalid. If any provision of this Agreement is held invalid or unenforceable with respect to particular circumstances, such provision shall nevertheless remain in full force and effect in all other circumstances.

5.11 INTERPRETATION. The parties hereto acknowledge that the Agreement has been prepared after extensive negotiations and the opportunity for each party to review the Agreement with and obtain advice from their respective legal counsel. In construing the Agreement or any Addendum to it, the fact that one party or the other may have drafted its various provisions shall not affect the interpretation of such provisions.

5.12 CITY’S GENERAL RIGHT TO TERMINATE. The City may terminate this Agreement for any reason for its own convenience upon notice to the Contractor, provided that the City shall pay Contractor for Work performed by the Contractor, its subcontractors, and materials supplied according to the Contract Documents. The City shall not owe the Contractor, its subcontractors or sub-subcontractors, any of their officers, employees, or suppliers damages for early termination other than as provided in this paragraph.

5.13 COMMUNICATIONS, MEETINGS. Contractor's representative shall promptly and fully respond to communications from the City Representative about the Project work, and shall meet with the City Representative about the Project as often at such times as the City Representative shall request.

IN WITNESS WHEREOF, the parties have entered into this agreement on the day and year set out at the top of this Agreement.

DRAPER CITY

DRAPER CITY PARKS & RECREATION DIRECTOR

APPROVAL AS TO FORM:

CITY ATTORNEY

ATTEST: ________________________

DRAPER CITY RECORDER

CONTRACTOR

Type or print: __________________________

Title: _________________________________

ATTEST: (if corporation)

Title: ______________________

Exhibit A:

Insurance Requirements for Construction/Public Works Contracts

Contractor shall procure and maintain for the duration of the contract, and for three (3) years thereafter, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents,…