1-RFSOQ Phase I PHS Baseball Field Demo Construction 2026.pdf

REQUEST FOR STATEMENT OF QUALIFICATIONS FOR

GENERAL CONTRACTOR

PHASE I

SOLICITATION # NSDSOQ26-0201

PROJECT #1

PAYSON HIGH SCHOOL BASEBALL FIELD DEMO & CONSTRUCTION

SOQ SUBMITTALS ARE DUE PRIOR TO:

11 February 2026

2:00 p.m Mountain Time

NOTICE TO GENERAL CONTRACTORS

Nebo School District (the “School District”) is accepting Statements of Qualifications (“SOQ”) from qualified and licensed General Contractors (the “General Contractors”) for the demolition of the existing dugouts, backstop, fencing and various other items and construction of new masonry and framing dugouts, backstop, batting cages, a bull-pen, fencing, landscape, sprinkling and electrical work (the “Project”) at Payson High School.

The estimated cost of this Project is around 1 million.

The Request for Statement of Qualifications for General Contractors (“RFSOQ”) will be available online at U3P (Bonfire), on Tuesday, February 3, 2026.

SOQ submittals will be accepted online at U3P (Bonfire) OR at Nebo School District Offices, Operations Department, 350 South Main, Spanish Fork, Utah, 84660, until Wednesday, February 11, 2026 by 2:00 p.m. Mountain Time. SOQ submittals received after this date and time may not be considered. SOQ submittals must contain all requested information to be considered responsive.

General Contractors submitting a SOQ are cautioned not to contact members of the Evaluation Committee, the Board of Education, or District Administration personnel, other than the designated contact person designated below, throughout the RFSOQ process as of the date hereof. Failure to comply with this requirement may result in disqualification from consideration.

Contact for RFSOQ Clarifications: Ryan Pitcher, District Chief Procurement Officer

Nebo School District 350 South Main Spanish Fork, Utah 84660 Telephone No. 801-354-7433 Email: ryan.pitcher@nebo.edu

Nebo School District reserves the right to reject any or all SOQ submittals, or to waive any formality or technicality in any SOQ submittal, in the best interests of the School District.

mailto:reed.park@nebo.edu

REQUEST FOR STATEMENT OF QUALIFICATIONS

FOR GENERAL CONTRACTORS

PHASE I

General Services

GENERAL SERVICES AND GENERAL PROVISIONS

100.1 GENERAL SERVICES

Nebo School District (the “School District”) is accepting Statements of Qualifications (“SOQ”) from qualified and licensed General Contractors (the “General Contractors”) for the demolition of the existing dugouts, backstop, fencing and various other items and construction of new masonry and framing dugouts, backstop, batting cages, a bull-pen, fencing, landscape, sprinkling and electrical work (the “Project”) at Payson High School.

100.2 GENERAL SCOPE OF WORK

100.2.1 General Services. The General Contractor shall perform the General services in accordance with applicable plans and specifications, and according to the terms and conditions set forth in a Contractor Agreement that will be executed for the specific Project.

100.2.2 Duties of General Contractor. The General Contractor shall supervise, coordinate, and be responsible for the performance of the General Construction work, and shall guarantee that the cost to the School District for the work shall not exceed the contract price specified in the Contractor Agreement. The specific duties of the General Contractor are set forth in detail in the Contractor Agreement.

100.2.3 Insurance. Concurrent with the signing of the Contractor Agreement with the School District, the General

Contractor shall provide to the School District applicable certificates of insurance specifically designating the School District as an additional insured and providing the insurance coverages and amounts as specified. The selected General Contractor(s) who is awarded bids shall, at its expense, purchase and maintain in full force and effect, for the duration of the contract, such general liability insurance as will protect itself and the School District from and against liability, loss, damage, expense, cost (including without limitation to costs and fees of litigation and attorneys’ fees) of every nature arising out of or in connection with the General Contractor’s (or any of its employees, representatives, agents, subcontractors, or subconsultants), performance of the General Construction services. Insurance coverage types and amounts could include:

(a) an all-risk builders risk insurance policy which provides insurance coverage to the School District for the full replacement value of the General Construction work and for all equipment and materials located on-site; (b) owner’s protective liability insurance policy which provides liability protection coverage to the School District for negligent acts of the General Contractor and its subcontractors and material providers; (c) complete coverage workers compensation insurance to insure against all claims of persons employed by General Contractor to complete the General Construction work, in the required statutory amounts; (d) automobile insurance, in the required statutory amounts; and (e) comprehensive general liability insurance which provides liability protection coverage to the School District with policy limits of not less than $1,000,000.00 per occurrence and $3,000,000.00 in the aggregate.

100.2.4 Payment and Performance Bonds. Concurrent with the signing of the Contractor Agreement with the

School District, the General Contractor shall provide to the School District the payment and performance bonds in the full amount of the contract price.

100.2.5 Indemnification. The selected General Contractor shall defend, indemnify, hold harmless, and protect the School District, and its board members, employees, representatives, agents, and volunteers, from and against any and all liability, loss, damage, expense, cost (including without limitation to costs and fees of litigation and attorneys’ fees) of every nature arising out of or in connection with the General Contractor’s (or any of its employees, representatives, agents, consultants, subcontractors, or subconsultants) performance of the General Construction services to be provided or failure to comply with any of its obligations contained in the Contractor Agreement, except as to such loss or damage which was caused by the sole negligence or willful misconduct of the School District.

100.2.6 Compliance with Laws. The selected General Contractor shall perform all their services in compliance with: (a) any and all contract documents; (b) any and all applicable federal, state, and local laws, rules, regulations, and building codes; (c) any and all applicable safety and industry standards; (d) the Americans with Disabilities Act (ADA), as amended; and (e) any and all applicable School District policies.

100.2.7 Scheduling. The General Contractor is responsible for all scheduling in relation to the General work, and shall not, without prior written authorization from the School District, allow or direct materials of any trade to be installed prematurely when it is obvious that such materials may be damaged by subsequent work of other trades. When recognized construction procedures or design requirements prescribe that materials be installed before execution of the work, the General Contractor shall take such steps as are necessary to protect any previously completed work.

100.2.8 Coordination. The General Contractor shall be responsible for and coordinate through the School

District the various portions of the General work.

100.3 REPRESENTATIONS OF GENERAL CONTRACTOR

The prospective General Contractor(s) in submitting a SOQ represents and warrants to the School District as follows:

100.3.1 The General Contractor has read and understands the Request for Statement of Qualifications for General Contractors (“RFSOQ”), including the Contractor Agreement, and the SOQ submittal is made in accordance therewith.

100.3.2 The General Contractor is familiar with and experienced with the Project and is familiar with and experienced in the required Scope of the Project as described in this RFSOQ, and is familiar with site conditions under which the General work is to be performed.

100.3.3 The General Contractor accepts all the terms, conditions, and provisions contained in the RFSOQ, including the Contractor Agreement, without exception.

100.3.4 The General Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of the General Contractor’s new employees that are employed in the State of Utah in accordance with Utah Code Ann., §63G-12-301, et seq. The General Contractor will require that the following provisions be placed in each subcontract at every tier: “[subcontractor] shall certify to the [General Contractor] by affidavit that [subcontractor] has verified through the Status Verification System the employment status of each new employee of [subcontractor], all in accordance with Utah Code Ann., §63G-12-301, et seq., and shall comply with all applicable employee status verification laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform any portion of the work.” The General Contractor shall protect, indemnify, and hold harmless the School District and its board members, employees, agents, representatives, and anyone that the School District may be liable for, against any claim, damages, or liability arising out of or resulting from the violation of this section whether violated by employees, agents, or contractors of: (a) the General Contractor; (b) any subcontractor or sub-subcontractor at any tier; and/or (c) any entity or persons from whom the General Contractor or subcontractor may be liable. The School District will not consider a bid, nor will it make any award where there has not been compliance with this section. Manually or electronically signing the bid is deemed the General Contractor’s certification required by all applicable status verification laws, including Utah Code Ann., §63G-12-301, et seq.

100.3.5 The General Contractor hereby warrants and represents to the School District that it has verified all of its subcontractors and material suppliers to assure that none of them are listed on the Excluded Parties List System (EPLS) as maintained by the United States Government, General Services Administration. The EPLS provides information regarding individuals and entities that are debarred, suspended, proposed for debarment, excluded or disqualified under the non-procurement common rule, or otherwise declared ineligible from receiving federal contracts, certain subcontracts, and certain federal assistance and benefits. (See https://www.epls.gov). The General Contractor shall protect, indemnify, and hold harmless the School District and its board members, employees, agents, representatives, and anyone that the School District may be liable for, against any claim, damages, or liability arising out of or resulting from the violation of this section whether violated by employees, agents, or contractors of: (a) the General Contractor; (b) any subcontractor or sub-subcontractor at any tier; and/or (c) any entity or persons from whom the General Contractor or subcontractor may be liable.

100.4 PREQUALIFICATION (PHASE I) AND BIDDING (PHASE II)

100.4.1 Notice is hereby given by the School District, that because of the nature of the above-referenced Project, the need for a timely completion thereof, and other related factors, that bid documents, including plans and specifications, https://www.epls.gov/ will be given to and bids received from only those General Contractors who have been prequalified by the School District to bid on this Project. General Contractors must provide sufficient information and relevant experience for the Project listed.

100.4.2 This is a multi-step process for the selection of a General Contractor. Phase I will involve the prequalification of General Contractors based on the evaluation factors outlined in this Request for Statement of Qualifications (“RFSOQ”).

Phase II will allow only those pre-qualified General Contractors to submit price bids for General Contracting services. Final selection of the successful General Contractor(s) will be based on the lowest responsive and responsible bids as submitted in Phase II. The only General Contractors allowed to bid on the Project for the School District will be those General

Contractors who are deemed prequalified through this RFSOQ evaluation process. Prequalified General Contractors will be notified after the Evaluation Committee has made its decisions.

100.4.3 During Phase II, prequalified General Contractors will be required to submit a bid bond in the amount of five percent (5%) of the bid amount made payable to the School District. In addition to a bid bond, a successful bidder will be required to submit payment and performance bonds equal to the total amount bid for the entire Project awarded. Being able to secure bonding from an acceptable Surety Company is a requirement to proceed to Phase II off the bidding process.

Therefore, General Contractors responding to the Request for Bids must be capable of complying with the bid bond requirements or they will not be prequalified.

100.5 SOQ SUBMITTALS

100.5.1 SOQ submittals will be accepted online at U3P or in hard copy at Nebo School District Offices, Operations Department, 350 South Main, Spanish Fork, Utah, 84660, until Wednesday, February 11, 2026 by 2:00 p.m. Mountain Time.

SOQ submittals received after this date and time will not be considered. SOQ submittals must contain all requested information to be considered responsive. Provide five (5) copies of the SOQ submittals if submitting a hard copy SOQ at the Nebo School District Offices.

100.5.2 If any General Contractor or individual detects any discrepancy, conflict, omission, or other error in these RFSOQ documents, or in any addenda or attachment hereto, they shall immediately notify the School District contact person in writing and request clarification or modification of these documents. Clarifications or interpretations pertaining to these RFSOQ documents will then be given by numbered addenda to all parties who have been provided a copy of these RFSOQ documents. Any addenda submitted prior to the submittal deadline shall become part of this RFSOQ and any information required shall be included in the SOQ submittal.

100.5.3 The School District reserves the right to reject any or all SOQ submittals, or to waive any formality or technicality in any SOQ submittal, in the best interests of the School District. While it is the intent of the School District to proceed with this process, this solicitation does not obligate the School District to enter into any contracts. The School District reserves the right to cancel this RFSOQ solicitation in whole or in part at any time if it is in the best interests of the School District.

100.5.4 As more fully described herein, the submitted SOQ should represent the General Contractor’s ability to provide the services described herein. SOQ submittals should be concise and appropriate to the scope and complexity of the proposed Project. Any cost for developing the submitted SOQ is entirely the responsibility of the submitting General Contractor.

STATEMENT OF QUALIFICATIONS

200.1 SOQ CONTENTS

To be considered responsive to the requirements of this RFSOQ, all General Contractors shall provide verifiable evidence that their company, personnel, and associated subcontractors, material suppliers, and consultants are appropriately licensed in the State of Utah and meet all the requirements and qualifications described herein. The School District reserves the right to request additional information which, in the School District’s opinion, is necessary to assure that the General Contractor’s competence, business organization, and financial resources are adequate to perform the Project described herein. At the request of the School District, the General Contractor shall provide revised and updated information. SOQ SUBMITTALS SHALL BE WELL ORGANIZED AND INCLUDE A TABLE OF CONTENTS AND/OR TABS TO IDENTIFY THE LOCATION OF EACH ITEM IN THE SOQ. EACH GENERAL CONTRACTOR SHALL INCLUDE WITH ITS SOQ THE FOLLOWING ITEMS. FAILURE TO INCLUDE THE FOLLOWING ITEMS MAY RESULT IN THE SCHOOL DISTRICT’S REJECTION OF THE SOQ AS NOT BEING RESPONSIVE TO THIS SOLICITATION. A TOTAL OF FIVE (5) SOQ’S MUST BE SUBMITTED CONTAINING THE FOLLOWING INFORMATION IF SUBMITTING A HARD COPY IN-PERSON:

200.1.1 (REQUIRED) – General Contractor’s Qualification Statement. Submit a fully completed, executed, and acknowledged “General Contractor’s Qualification Statement” in the form attached hereto as Exhibit “A”.

200.1.2 (REQUIRED) – General Contractor History. Submit documentation that (a) lists 5-7 similar sized school or commercial projects including Owner name, project budget and year completed. Submit documentation to provides (b) the experience, skill level, superintendent years of experience and qualifications of the Contractor including project managers and/or site superintendents; (c) the Contractor’s areas of expertise and other special qualifications; (d) the Contractor’s track record of completing projects on time and within budget; and (f) the Contractor’s reputation and commitment to high quality workmanship.

200.2.3 (REQUIRED) - General Contractor Business. Submit documentation describing their approach to project construction management. The document should include: (a) the process used for selecting and managing subcontractors; (b) the method used to develop a project schedule to ensure that projects are completed on time, including the process used to determine when long lead materials and equipment are ordered; (c) the actions that will be taken or contingency plan used to bring a project back on schedule if it has fallen behind schedule; (d) the procedures in place to minimize change orders; (e) the methodology used to ensure the accuracy of bids; (f) any other information not addressed above that the bidder thinks will assist the selection committee in evaluating the firm’s approach to project management.

200.1.4 (REQUIRED) - Utah Certificate of Existence. Submit a copy of General Contractor’s Certificate of

Existence authorizing it to transact business in the State of Utah (issued by the Utah Department of Commerce, Division of Corporations and Commercial Code). Alternatively, submit documentation evidencing that General Contractor is not required to be registered with the Utah Department of Commerce, Division of Corporations and Commercial Code, in order to transact business in the State of Utah. If General Contractor is not a business entity (such as a corporation, partnership, or limited liability company), submit a copy of General Contractor’s City Business License.

200.1.5 (REQUIRED) - Utah Contractor’s License. Submit a copy of the Utah Contractor’s License showing that General Contractor is properly licensed to perform the required General Contractor services and approved to work in the State of Utah (issued by the Utah Department of Commerce, Division of Occupational and Professional Licensing).

200.1.6 (REQUIRED) - Certification of No Debarment. Submit a written certification that neither the

General Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from soliciting work by any governmental department or agency. If General Contractor cannot certify this statement, General Contractor shall submit a written explanation of the circumstances for review by the School District.

200.1.7 (REQUIRED) - Certification of No Termination. Submit a written certification that neither the

General Contractor nor its principals have been terminated during the performance of a contract or withdrew from a contract to avoid termination. If General Contractor cannot certify this statement, General Contractor shall submit a written explanation of the circumstances for review by the School District.

200.1.8 (REQUIRED) - Status Verification System. Submit documentation evidencing that the prospective

General Contractor has registered and participates in the Status Verification System (the electronic verification system operated by the federal government is known as E-Verify) to verify the work eligibility status of its respective employees (see Utah Code Ann., §63G-12-301, et seq.). Such documentation may include: (a) the first page of the Memorandum of Understanding; (b) the website login page which verifies the company name, ID number, physical location, and organization designation; or (c) a properly executed and notarized Affidavit attesting to the fact that the Contractor has registered and participates in a Status Verification System.

200.1.9 (REQUIRED) – References. A list of references that the prospective General Contractor has done construction work, similar to the scope of this project, in the last five (5) years. Please include company name, contact person, telephone number, and correct email address.

200.1.10 (OPTIONAL) - Cover Letter Designating Protected Information. Please be advised that Utah law considers SOQ submittals as public records subject to inspection under the Governmental Records Access and Management Act (GRAMA), Utah Code Ann., §63G-2-101, et seq. SOQ submittals shall be open to public inspection, except for portions that are to be non-disclosed as per Utah law. Accordingly, if a General Contractor desires to request that a specific portion of the SOQ be protected, the General Contractor must: (a) submit a cover letter with its SOQ specifically identifying which portions of the SOQ are claimed to be considered for business confidentiality or protected (including trade secrets or other reasons for non-disclosure under GRAMA); and (b) provide a concise statement of the reasons supporting each claimed provision of business confidentiality or protected.

EVALUATION AND SELECTION

300.1 EVALUATION

300.1.1 Evaluation Committee. The Evaluation Committee will be comprised of employees from the School District and others as may be deemed appropriate. The Evaluation Committee will evaluate and score the SOQ submittals as per the criteria listed below.

300.1.2 Evaluation Factors and Weighting. The following are the factors and weighting that will be used by the

Evaluation Committee in evaluating the General Contractors for prequalification:

SOQ SUBMITTAL EVALUATION

FACTORS WEIGHTING

1. Compliance with RFSOQ Up to Five (5) Points (Points awarded by Evaluation Committee)

2. Competence to Perform the Project Up to Twenty-five (25) Points

• Competence to perform General Construction services as reflected by (Points awarded by technical training and education, general experience, experience in Evaluation Committee) providing the required services, and the qualifications and competence of persons who would be assigned to perform the services

3. Ability to Perform the Project Up to Twenty-five (25) Points

• Ability to perform the General Construction services as reflected by (Points awarded by workload and the availability of adequate personnel, equipment, and Evaluation Committee) facilities to perform the services expeditiously Company expertise.

4. Personnel Work Experience Up to Twenty-Five (25) Points

• Overall team experience (Points awarded by Evaluation Committee)

5. Past Performance / Up to Ten (10) Points

• Past performance as reflected by the evaluation of private and (Points awarded by governmental individuals and entities that have retained the services Evaluation Committee) of the General Contractor with respect to factors such as control of costs, quality of work, and an ability to meet deadlines

6. References Up to Ten (10) Points

• Past performance review from those that have used their (Points awarded by services. Reference Contacts)

TOTAL POSSIBLE POINTS One Hundred (100) Points

300.2 SELECTION PROCESS

300.2.1 The Evaluation Committee will score responsible and responsive General Contractors in accordance with the factors and weightings set forth herein. At the sole discretion of the Evaluation Committee, interviews or discussions may or may not be conducted with responsible and responsive General Contractors.

300.2.2 In order for a General Contractor to be included on the prequalified list, they must receive a threshold score of at least 80 points. All General Contractors who receive a score of 80 points or more will be added to the School District’s list of prequalified General Contractors and will be invited to bid on the Project for General Contractor services.

During Phase II, the final General Contractor(s) selection will be based on the lowest responsive and responsible bid(s) as provided for in the forthcoming Request for Bid (“RFB”) documents. Only those General Contractors who are prequalified will be allowed to bid on the Project. Following the bidding process in Phase II, the School District shall recommend for approval the lowest, responsive, and responsible bidders for award of contract to the Board of Education or Superintendent of Nebo School District, as applicable. The Board of Education or Superintendent of Nebo School District, as applicable, has full and absolute discretion and authority on the selection of the General Contractor(s) and final approval of the contracts for these Project.

CONTRACTOR AGREEMENT

400.1 CONTRACTOR AGREEMENT

400.1.1 The successful General Contractor(s) under the bidding process in Phase II will be required to sign a Contractor Agreement with the School District for the awarded Project(s). The Contractor Agreement shall be signed by the selected General Contractor(s) and returned, along with any required documentation, certificates of insurance, and payment and performance bonds to the School District within five (5) days. The Contractor Agreement is of no force and effect until approved and signed by the appropriate officials of the School District. Any General Contractor service work performed by the General Contractor prior to receipt of a fully executed Contractor Agreement and associated documentation shall be at the General Contractor’s own risk.

400.1.2 Type of Contractor Agreement. The Contractor Agreement form that is currently contemplated for use with the General Contractor(s) will be based on the form contained herein attached hereto as Exhibit “B” and any necessary revisions or amendments adopted during discussions with prospective General Contractors who submit acceptable bids in Phase II as determined in the sole and absolute discretion of the School District. See included Exhibit “B” to view the Contractor Agreement.

Exhibit A Vendor’s Qualification Statement

350 South Main

Spanish Fork, UT 84660

VENDOR’S QUALIFICATION STATEMENT

The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter.

Company Name

Address City/State Zip Code

Corporation Partnership

Joint Venture Limited Liability Company

Individual Other

Contacts Name Telephone No.

Principal Office Email Address

Name Telephone No.

Principal Office Email Address

Name Telephone No.

Principal Office Email Address

1 Type of business:

2 How many years has your organization been in business?

3 How many years has your organization been in business under its present business name?

4 If a corporation, answer the following:

Date of Incorporation: State of Incorporation:

President’s Name: Vice President’s Name:

Secretary’s Name: Treasurer’s Name:

5 If an individual, limited liability company, or a partnership, answer the following:

Date of Organization: Type of Organization:

6 If other than a corporation, limited liability company, or a partnership, describe the organization and name its principals:

7 Has your organization ever failed to complete any work awarded to you? No Yes If yes, attach details.

8 Within the last five (5) years, has any officer, manager, member, or partner of your organization been an officer, manager, member, or partner of another organization that has failed to complete a contract?

No Yes If yes, attach details.

9 By submitting a SOQ in response to this RFSQ, the Vendor acknowledges and agrees that the specifications, terms and conditions, or other elements of the RFSQ are not ambiguous, confusing, contradictory, unduly restrictive, erroneous, or anticompetitive. The Vendor further acknowledges that it has read this RFSQ, along with any attached or referenced documents, and this document, including the

General Provisions.

Type or Print Name:

Position or Title: Vendor’s Authorized Signature:

10 Provide the name and title of the individual who has the authority to contractually bind your company.

EXHIBIT B

CONTRACTOR AGREEMENT

[Project]

THIS AGREEMENT (the "Agreement"), is entered into effective as of _____________, 20____, by and between

NEBO SCHOOL DISTRICT, a political subdivision of the State of Utah, whose address is 350 South Main, Spanish Fork, Utah, 84660 (herein referred to as the "School District"); and ________, a __________, whose address is ____________, ________, _____, _____ (herein referred to as "Contractor").

RECITALS

A. The School District desires to contract with Contractor for the performance of certain Work, as defined herein, in connection with ___________________ services located at _______________ (the “Project”);

B. The School District desires to have Contractor provide such Work, and Contractor agrees to perform such

Work for the School District, pursuant to the terms and conditions set forth in this Agreement; and

C. The School District and Contractor desire to set forth in writing the terms and conditions of their agreements and understandings.

NOW, THEREFORE, in consideration of the foregoing, the mutual promises herein contained, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the parties hereto, intending legally to be bound, hereby agree as follows:

OPERATIVE PROVISIONS

1. Work.

1.1 Work and Contract Documents. Contractor shall furnish and perform any and all labor, services, materials, tools, supplies, weatherproofing, equipment, permits, licenses, and other work specified, indicated, shown, inferred, or contemplated (collectively, the “Work”) in the following documents for the Project (the “Contract Documents”) as necessary for the complete and satisfactory performance of the Project strictly in accordance with such Contract Documents and all applicable laws:

1.1.1 This Agreement;

1.1.2 Bid Breakdown submitted by Contractor, attached as Exhibit “A” hereto;

1.1.3 Drawings, dated _________, 20___, prepared by ___________, entitled _____, which are incorporated fully herein by this reference;

1.1.4 Specifications, dated _______, 20___, prepared by _________, which are incorporated fully herein by this reference;

1.1.5 Request for __________ for _________, which is incorporated fully herein by this reference;

1.1.6 Addendum No. ____ to ____________, which is incorporated fully herein by this reference;

1.1.7 All documents published in connection with the RF___, which are incorporated fully herein by this reference; and

1.1.8 All documents submitted by Contractor in connection with the RF___, which are incorporated fully herein by this reference.

1.2 Scope of Work. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all with respect to the Work. Contractor as a part of the Contract Price shall perform work not explicitly covered in the Contract Documents so long as it is consistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results. In the event of conflict between this Agreement and any of the other Contract Documents, this Agreement governs. Without limiting the generality of the foregoing, the Work shall include the obligation of

Contractor to: (a) schedule and coordinate the Work with the School District’s Operations Department; and (b) perform the Work by Contractor in accordance with: (i) the Contract Documents; (ii) any and all applicable federal, state, and local laws, rules, regulations, and building codes; (iii) any and all applicable safety and industry standards; (iv) the Americans with Disabilities Act (ADA), as amended; (v) any and all applicable District policies (https://kb.nebo.edu/policy); and (vi) the State of Utah Procurement Code [UTAH CODE ANN., §63G-6a-101, et seq.] / UTAH ADMINISTRATIVE RULES [R33-1-1, et seq.]. In addition, the completeness and quality of the Work shall be subject to the approval of the School District’s Operations Department.

1.3 Licenses. Contractor and its employees and agents shall be properly licensed in the State of Utah to provide the Work set forth herein, and shall only engage subcontractors and consultants who are properly licensed in the State of Utah.

2. Contract Price and Payment. The School District shall pay to Contractor for the strict and satisfactory performance of the Work in conformance with the terms and conditions of this Agreement the total sum of _______________, ($______) or where Contractor's compensation is based upon unit price, the compensation to Contractor shall be in accordance with the unit price schedule attached hereto and indicated as such (the "Contract Price"). The Contract Price shall be subject to additions and deductions for changes in the Work as provided for in Section 11 hereof and other adjustments as provided for in this Agreement. Contractor may submit monthly progress billings to the School District. The School District shall pay

Contractor for the proportionate amount of the Work completed by Contractor, as determined and approved by Contractor and the School District’s Operations Department, subject to a five percent (5%) retention in accordance with Utah law. Upon the final completion of all of the Work rendered hereunder by Contractor, the School District’s Operations Department shall conduct a final walk-through inspection with Contractor and prepare a final punch-list of items to be completed. Subject to the other conditions of this Agreement, upon completion of the punch-list items and final approval by the School District’s

Operations Department, the School District shall pay Contractor, within ten (10) working days thereof, the remaining balance due and owing under this Agreement.

3. Tax Liability. Contractor assumes full responsibility for the payment of all taxes, assessments, or contributions, whether municipal, county, state, or federal, as to its performance of the Work under this Agreement. Contractor also agrees to pay any and all gross receipts, compensation, transaction, sales, use, or other taxes or assessments of whatever nature or kind levied or assessed as a consequence of the services performed or on the compensation to be paid under this Agreement.

4. No Benefits. Contractor is not entitled to any benefits typically associated with an employer-employee relationship, including, but not limited to, health insurance, life insurance, pension or retirement, vacation pay, or sick pay. Contractor understands that it is not covered under the School District’s worker's compensation program, and Contractor shall provide appropriate worker’s compensation coverage for its employees and agents. Contractor also acknowledges that the School District will not cover any medical expenses resulting from work-related injuries. Contractor agrees to indemnify, defend, and hold harmless the School District from and against any claims, costs, and expenses (including, but not limited to, attorneys’ fees) related to any of the foregoing.

5. Transportation, Tools, Supplies, and Equipment. Contractor shall provide, at its own cost and expense, all transportation, tools, supplies, and equipment necessary for the performance of the Work under this Agreement.

6. Non-Conforming and Defective Workmanship and Materials. The School District shall not be financially responsible for any unauthorized, non-conforming, or defective workmanship and materials provided by Contractor.

7. Payment of Contractors and Materialmen. Contractor warrants the due and timely payment of all its suppliers, materialmen, subcontractors, and laborers, and agrees to indemnify, defend, and hold harmless the School District from any loss or damage from any claims, liens, or encumbrances resulting therefrom.

8. Warranties. The following warranties shall apply: (a) Contractor warrants to the School District that materials and equipment furnished under the Contract will be of good merchantable quality and new, except to the extent otherwise required or expressly permitted by the Contract Documents; and (b) Contractor also warrants to the School District that the Work will be free from defects not inherent in the quality required or permitted and that the Work will conform with the requirements of the Contract Documents. Work not conforming to said requirements, including substitutions not properly approved, may be considered defective Work at the School District’s option. In addition to the School District’s other remedies for any breach of the foregoing warranties, for a period of two (2) years from the date of final completion of the Work, Contractor shall, upon the written request of the School District, promptly correct any defective Work that does satisfy the foregoing warranties. This warranty shall be in addition to any warranty or guaranty of labor, materials, or equipment provided by any subcontractor, manufacturer, or supplier, all of which shall survive the completion of the Work or termination of this Agreement. All of such third-party warranties and guaranties are hereby assigned to the School District. Unless due https://kb.nebo.edu/policy to the negligent or intentional act or omission of Contractor or those under Contractor's control, or as otherwise stated in the Contract Documents, Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.

9. Commencement and Completion; Delays; Liquidated Damages.

9.1 Commencement and Completion. Contractor is authorized to begin the Work on _____, _______, 20___.

Substantial Completion shall be no later than _________,_______, 20___. All Work shall be fully complete no later than ______, ______, 20___.

9.2 Delays. For any delay in the completion of the Work beyond the time period contained herein from causes beyond the reasonable control and which were not foreseeable by Contractor, such as, delays caused by the School District, interruption of transport, unavailability of materials, strikes, fire, flood, extreme weather, governmental regulations, unforeseen soil conditions, acts of God, or similar occurrences beyond the reasonable control of and not foreseeable by Contractor, Contractor, as its sole remedy, shall be given an extension of time to complete the Work equal to the actual delay to the completion of the Work caused solely by such event.

9.3 Liquidated Damages. Contractor acknowledges that the failure of Contractor to fully complete the Work on or before the date specified in Section 9.1 hereof, will result in incalculable and irreparable damage to the School District and that the School District has no adequate remedy at law for such breach. The parties hereto also recognize the delays, expense, and difficulties involved in pursuing legal proceedings to prove the actual loss sustained by the School District if the Work is not fully completed on time. Therefore, Contractor agrees to immediately pay to the School District the following sums for each calendar day or portion thereof that the Work has not been fully completed by the date specified in Section 9.1 hereof:

Amount of Liquidated

Days of Delay Damages per Day

1 to 30 $500.00

31 or more $1,500.00

In addition, Contractor will also be assessed a liquidated damage of One Hundred Dollars ($100) per calendar day for failure to timely complete punch list items.

10. Contractor Status. It is understood and agreed by the parties that Contractor is an Contractor and is not an employee or agent of the School District, and Contractor agrees not to make any representations to the contrary. Any conduct in which Contractor engages in connection with or in the performance of this Agreement shall be solely in its capacity as an Contractor, and nothing in this Agreement shall be construed to the contrary. Contractor agrees that, as an Contractor, it does not have authority to sign contracts, notes, or obligations, or to purchase, acquire, or dispose of any property for or in behalf of the School District or any of its employees or agents, and shall only have authority to perform those services specifically described herein or which may be specifically authorized in writing by the School District. Nothing in this Agreement shall be construed as creating any partnership, joint venture, or other joint obligation. Contractor is solely and personally liable for any and all damages that may be occasioned on account of the operation of this Agreement, whether the same be for personal injuries or damages of any other kind.

11. Change Orders. No changes shall be made to the Contract Documents for the Work except as agreed to in a written Change Order, signed by both parties hereto and attached as an Addendum to this Agreement, which sets forth the changes to be made and the amount of adjustment in the compensation to Contractor required by said change.

12. Risk of Loss. Contractor shall bear all risk of loss, damages, or destruction to the Work or caused by the performance of the Work at any time prior to the final completion of the Work. The School District shall assume those risks upon the final completion and acceptance of the Work in writing by the School District.

13. Insurance. During the period of Work and until the final completion thereof, Contractor shall maintain in full force and effect, at Contractor's expense: (a) comprehensive general liability insurance which provides liability protection coverage to the School District with policy limits of not less than $1,000,000.00 per occurrence and $3,000,000.00 in the aggregate; (b) owner’s protective liability insurance policy which provides liability coverage to the School District for negligent acts of the Contractor and its subcontractors and material providers; (c) complete coverage workers compensation insurance to insure against all claims of persons employed by Contractor to complete the Work, in the required statutory amounts; and (d) automobile insurance, in the required statutory amounts. Contractor shall name the School District (including its board members, employees, agents, and representatives) as an additional insured (primary coverage and not contributing) on the General Liability Insurance and Owners Protective Liability Insurance policies described herein. The Certificate(s) of Insurance shall clearly indicate these specific insurance coverages. All such policies shall include a complete waiver of subrogation in favor of the School District. The insurance policies shall meet all of the requirements of the School District, including those set forth in the Request for Bids for the Project. All policies shall be with insurers and on policies acceptable to the School District, and shall be evidenced by a Certificate(s) of Insurance together with any applicable endorsements.

14. Cooperation. Contractor shall cooperate fully with the School District and its employees, agents, and contractors at the work site(s), and shall so plan and conduct the Work as to not to interfere with the School District’s operations.

15. Safety. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent sites and utilities. Contractor shall cooperate with the School District in efforts to prevent injuries to any workers employed in carrying out the duties and responsibilities covered by this Agreement, and to adopt and place in effect such reasonable practical suggestions as may be offered to promote safety and safe working conditions; provided that such cooperation shall not discharge Contractor’s obligation to maintain the safety of the work site(s). In addition, Contractor shall be responsible to secure the work site(s) to assure the safety of the School District’s employees, agents, contractors, students, and the general public. In the event Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) or any other hazardous waste or substance which may endanger the health of those persons performing the Work or being on the site, which has not been rendered harmless, Contractor shall immediately stop Work in the area affected and report the condition to the School District in writing. The Work in the affected area shall be resumed in the absence of asbestos, polychlorinated biphenyl (PCB), or other hazardous waste or substance, or when it has been rendered harmless according to the federal and state health standards. Except to the extent provided otherwise in the Contract Documents, Contractor shall not be required to perform without consent, any Work relating to asbestos, polychlorinated biphenyl (PCB), or any other hazardous waste or substance. Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. In addition, Contractor shall, at its sole cost and expense, promptly repair any damage or disturbance to walls, utilities, streets, right-of-ways, sidewalks, curbs, and the property of the School District or third-parties (including municipalities and other governmental agencies) resulting from the performance of the Work, whether by it or by its subcontractors at any tier. Contractor shall not cause materials, including soil and debris, to be placed or left on streets or right-of-ways.

16. Clean-Up. On completion of the Work at a site, Contractor shall clean up all excess materials, refuse, and rubbish around or alongside the Work site caused by Contractor, and shall promptly remove all tools and equipment brought on the Work site by Contractor.

17. Terms of Association. Contractor shall provide the Work as long as Contractor is, in the sole opinion of the School District, efficient, conscientious, and productive. If Contractor is not, it remains within the sole discretion of the School District to terminate this Agreement upon at least twenty-four (24) hours prior written notice and by the full payment of whatever is owed to Contractor based on Work completed at the time of such termination, subject to any deductions permitted hereby.

It is definitely understood and agreed that the School District will be the sole judge as to the efficiency with which Contractor carries out its duties and responsibilities, and the School District reserves the right, at any time, to terminate this Agreement, without prejudice, and without the right of recovery of damages by Contractor.

18. Liability for Death, Injury, Loss, or Damage. All services shall be done at Contractor's own risk. Contractor shall be responsible for any death, personal injury, loss, or damage of any kind to persons or property in connection with rendering the services hereunder.

19. Indemnification. To the fullest extent permitted by law, Contractor shall and does hereby agree to indemnify, defend, and hold harmless the School District, its superintendent, board members, directors, supervisors, employees, agents, successors, and assigns, individually and collectively (the "Owner Indemnified Parties"), from, against, and in respect of any and all claims, demands, suits, proceedings, attachments, levies, damages and losses, liabilities, liens, claims for indemnification or contribution, and any other matter whatsoever, and all damages, costs, and expenses incurred in connection therewith, including attorney's fees (collectively, the "Claims"), for: (a) injuries to or death of any third-party or any employee of Contractor, a subcontractor, or the School District, or for damage to or loss of property, arising directly or indirectly, in whole or in part, out of or in any way relating to the performance of the Work or this Agreement; or (b) any negligent or wrongful act or omission of Contractor, or any of its officers, agents, employees, servants, subcontractors, material suppliers, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. To the extent allowed by law, the indemnity set forth in this Section 19 shall apply to any Claims arising or claimed to have arisen in whole or in part out of the negligence of any Owner Indemnified Party, including without limitation, the negligent violation of any duty imposed by statute, ordinance, regulation, or law, but shall not apply, as to a particular Owner Indemnified Party, to any such Claims to the extent caused by or resulting from the negligence of such Owner Indemnified

Party. The indemnity set forth above shall not be limited in any way by any limitation on the amount or type of proceeds, damages, compensation, or benefits payable under insurance policies, workers compensation acts, disability benefit, or other employee benefit acts. Contractor shall defend all Claims and pay all costs and expenses incidental thereto, but any of the Owner Indemnified Parties shall have the right, at its option, to participate in such defense without relieving Contractor of any obligation hereunder.