Wheels Park Vert Ramp Surround Area, Concrete Pad Construction

DESIGN-BUILD-REQUEST FOR PROPOSALS

WJPS26031601

The City of West Jordan (City) requests proposals from qualified General Contractors to participate in a Design-Build procurement process to construct a new multi-level shipping container surround area, base concrete pad, and bike ramp features that will support a new Vert-style Ramp at the West Jordan Wheels Park.

This process will result in a contract with the City to facilitate the completion of the design, trail/dirt ramp engineering, and construction of the Vert Ramp area.

Project Overview

The City is seeking proposals from qualified contractors to provide design-build and construction services for Phase III of the Wheels Park project, which will support the installation of a new Vert Ramp structure.

This phase of the project will involve the design and construction of structural and site improvements intended to support, protect, and enhance a City-supplied Vert Ramp. The City will provide new 40-foot High-Cube shipping containers, which may be configured in a U-shaped arrangement surrounding three sides of the Vert Ramp.

Conceptual drawings are attached for reference and illustrate a base bid configuration consisting of a double-stacked container arrangement and an alternate bid configuration consisting of a triple-stacked container arrangement.

These concepts illustrate the City’s vision for the project. The selected contractor will coordinate and collaborate with ESI Engineering, the project's Structural Engineer Consultant, to finalize design details necessary for placement and construction.

This project is part of the City’s broader vision to establish Wheels Park as a destination recreation facility promoting outdoor activity, community engagement, and healthy lifestyles.

Scope of Work

The selected Contractor shall provide all labor, equipment, materials except those provided by the City, and services necessary to complete the design-build and construction of the project.

Major components of the work include container structure assembly and installation, structural coordination with ESI Engineering, ADA access improvements, stairs, railings, circulation features, bike drop-in platforms, and the construction of dirt ramp features.

Design should be durable and low-maintenance and include drainage detailing that enables City crews to maintain features with hand tools as applicable.

Contractor will be responsible for submitting all building permits. The City will waive the cost of permits submitted to the City.

City-Furnished Materials and Services

The City will supply the following materials and services for use in the project:

• New 40-foot high-cube shipping containers

• The vert ramp structure

• Access to a stockpile of suitable dirt material for dirt ramp construction

• Structural Engineering Services provided by ESI Engineering

Project Schedule

• Contract execution approximately 30 days after the RFP proposal due date.

• Construction starts following the establishment of the Guaranteed Maximum Price and issuance of a Notice to Proceed.

• Target completion with the site ready for Vert ramp installation by August 2026.

Project Budget

The maximum construction budget for this project is $275,000 dollars. This budget applies only to contractor-provided services, labor, equipment, and materials.

Design-Build Work Phases

The project includes two phases: Pre-Construction and Construction.

1. Pre-Construction Phase

This phase includes attending design meetings, cost estimating, value engineering, cost control, schedule development, drawing reviews, and constructability reviews.

The Contractor shall coordinate with the structural engineer and City project team in design, cost management, and project completion. The Contractor shall be responsible for both the adequacy of the design and the proper construction of the project in accordance with all applicable codes, professional standards, and industry best practices.

2. Construction Phase

This phase consists of furnishing and installing all work required by the contract documents. Work may be bid in multiple subcontractor packages, but the Guaranteed Maximum Price must be provided as a single comprehensive bid.

The Contractor shall be solely responsible for jobsite safety, security, and compliance will all OSHA and safety regulations during construction.

Guaranteed Maximum Price

The contractor shall provide a Guaranteed Maximum Price at the 100 percent construction drawing stage and the completion of the sub-contractor(s) bid phase. The GMP represents the maximum total cost accepted for full performance of the design-build contract, excluding City-provided materials and services.

Proposal Format

Proposals must not exceed 15 pages and should include the following sections:

• Project team

• Qualifications

• References- (Minimum of two)

• Project schedule

• Project approach

• Public project experience

• Alternative Concept design(s)

• Optional miscellaneous supporting information

Submittal Requirement

Submit your proposals electronically through the Utah Public Procurement Place (U3P Euna Procurement) by 2:00 p.m. current Mountain Time on April 2, 2026. Proposals submitted electronically through the Utah Public Procurement Place may require uploading of electronic attachments. The U3P will accept a wide variety of document types as Word, Excel, and PDF attachments but not all. You MAY NOT submit documents that are embedded (zip files), movies, wmp and mp3 files or password protected files, etc. Such actions may cause your proposal(s) to be deemed as “Non-responsive”.

When submitting an offer electronically through the U3P, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the offer. If you are in the middle of uploading your documents at the closing time, the system will stop the process and your offer will not be received by the system. It is recommended that the submission process be completed the day prior to the due date, with the knowledge that any changes/updates will be accepted up to the due date and time.

If you have any questions or need assistance while using the platform, please consult the online knowledge base, explore the FAQs, or contact the Bonfire Support Team at support.bonfire@eunasolutions.com.

Offerors are responsible for ensuring that their U3P registration information is current and correct. Stakeholders shall not be responsible for missing or incorrect information contained in the offeror registration in the U3P. Incorrect or missing offeror registration information may result in failure to receive notification from the U3P regarding this procurement.

Proposals received after this deadline will be late and ineligible for consideration. Following the deadline, the names of those responding to the RFP may be made public.

It is the intention of the City to issue a purchase order (or contract) with reasonable promptness, to the highest scoring responsive and responsible offeror that meets the RFP requirements and specifications; however, the City does not guarantee to make any purchase based upon this

RFP.

An evaluation committee shall review the submittal material.

There should be no contact made with members of the West Jordan City Council, the Mayor, or any other city official or department personnel other than Joe Bryant, Project Manager or designee regarding this RFP.

If only one proposal is received in response to the RFP, the purchasing agent, based on feedback from the department, may resolicit for the purpose of obtaining additional proposals.

Questions

Questions arising subsequent to the issuance of this RFP, that could have a significant impact on the responses to the RFP, should be submitted in the RFP Question and Answer section Event Number # WJPS26031601 Wheels Park Surround Area & Concrete Pad for Vert Ramp Construction. Questions are due by March 26, 2026, at 10:00 a.m. MST.

Only written clarifications and addenda issued by the Purchasing Department will be binding for RFP evaluation and awarding a contract.

Discussions with Contractor (Oral Presentation)

An oral presentation by a CONTRACTOR to clarify a proposal may be required at the sole discretion of West Jordan. However, West Jordan may award a contract based on the initial proposals received without discussion with the CONTRACTOR’s submitting proposals. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the CONTRACTOR’s expense.

https://purchasing.utah.gov/training/for-vendors-training/ mailto:support.bonfire@eunasolutions.com

Selection of Contractor

The evaluation process may be based solely on these factors. The evaluation process may include a numeric-scoring.

1. (40 Points)- Contractor combined qualifications, demonstrated capacity, and relevant projects. The capability of the Contractor to perform related projects, including specialized experience and technical competence, is relevant to the needs of the City. Consideration will be given to experience in performing work of comparable design, scope, and complexity, including specialized services.

2. (25 Points)- Prior municipal work. The City reserves the right to consider prior work provided by the Contractor on any/all West Jordan City project(s).

3. (35 Points)- Bike Park, trails, and system features Design-Build experience.

Insurance Requirement

Provider and Sub providers (if any) shall at all times during the term of this Agreement, without interruption, carry and maintain insurance from an insurance company authorized to do business in the State of Utah, with an AM Best rating of A and a financial size category of X, with the types and limits of insurance as set forth in this Section. The Provider shall provide a Certificate of Insurance with a copy of all endorsements and declarations to the City five (5) days after a request by the City; if no request has been made by the City, the Provider shall provide a Certificate of Insurance to the City no later than thirty (30) days after the execution of the Agreement entered into by the Parties. The provider must add the City as an additional insured for ongoing and completed operations.

The provider expressly agrees to waive all rights of subrogation on the part of the insurer against the City. Failure to provide proof of insurance, as required, will be deemed a material breach of the Agreement. The Provider shall not cancel or allow the insurance policy to expire unless written notice has been given to the City at least thirty (30) days prior to the cancellation or expiration. The Provider’s failure to maintain the insurance requirements below for the term of the Agreement will be grounds for immediate termination of the Agreement.

The liability limits in this Section are the minimum requirements. To the extent the Provider maintains or causes to be maintained on its behalf, liability limits that are higher than the minimum limits stated in this Section, higher liability limits shall be required of the Provider.

A. General Liability Insurance. Bodily injury and property damage in the amount not less than $2,000,000 per occurrence and $3,000,000 aggregate.

General property damage liability insurance in an amount not less than

$2,000,000 per occurrence and $3,000,000 aggregate. Products and Completed Operations liability in an amount not less than $2,000,000 per occurrence and $3,000,000 aggregate.

B. Automobile Liability Insurance. Automobile liability insurance for the Provider’s liability arising out of the use of owned (if any), leased (if any), non-owned, and hired vehicles of the Provider, with no less than $3,000,000 limit per accident for combined bodily injury and property damage and containing no-fault insurance provisions wherever applicable. All owned and/or leased automobiles shall be covered using the symbol “1” (any auto).

C. Workers’ Compensation. Statutory workers' compensation insurance (Part A). Such insurance shall also include employer’s liability (Part B) insurance with a limit of no less than $1,000,000 for each accident, disease, and employee. No owner or officer may be excluded from coverage.

D. Professional Liability. Professional errors and omissions insurance, if applicable, in the amount not less than $3,000,00 for each claim, $3,000,000 aggregate limit, provided the policy aggregate shall apply separately to the Contractor on a per project basis, or $6,000,000 aggregate if not applied separately.

CONTRACTOR shall provide optional terms for the builder’s risk insurance.

The Contractor agrees to have City approve the builder’s risk insurance program including limits, deductibles, terms, etc. The City shall maintain the right to obtain and implement the builder’s risk coverage at their discretion.

The selected COMPANY's General Liability and, Automobile Liability insurance shall at all times name the City of West Jordan, its officers, employees, and volunteers as additional insured for ongoing and completed operations, on a primary and non-contributory basis with respect arising from any work that results from this bid/contract. The COMPANY shall waive subrogation (rights of recovery) against the City on their General Liability, Automobile Liability, and Workers’ Compensation policies.

Claims-Made Policies: If any policies are written on a claims-made basis, the policy shall provide the COMPANY the right to purchase, upon cancellation or termination by refusal to renew the policy, an extended reporting period (Tail) of not less than two years. The COMPANY agrees to purchase such an extended reporting period if needed to ensure continuity of coverage. The COMPANY’S failure to purchase such an extended reporting period as required by this paragraph shall not relieve it of any liability under this Contract. The retroactive date of any such policy shall be no later than the date this Contract is executed by the parties hereto. If the COMPANY purchases a subsequent claims-made policy in place of any prior claims-made policy, the retroactive date of such subsequent policy shall be no later than the date this Contract is executed by the parties hereto. The Provider agrees to maintain and evidence any claims made policies for four years beyond the expiration date of this contract.

Formation of the Contract with the selected Contractor

After selecting a CONTRACTOR, the City may conduct additional negotiations with the applicant to arrive at a best and final offer. When both parties are in agreement, a contract will be entered into and executed by the Mayor. The selected Contractor will be bound by the provisions of the Sample Contract attached to this RFP.

Term of the Agreement

The successful CONTRACTOR may be issued a contract for a period of time needed to complete the project plus a one (1) year warranty period.

The City reserves the right to add additional scopes of work deemed necessary to tie into the current bike park, vert ramp, or extension(s) to another potential phase of the park.

At the option of the City, the City may negotiate the term with the awarded Contractor if it is determined to be in the best interest of the City.

Representation regarding Ethical Standards for CITY Officers and Employees and Former City Officers and Employees

By submitting a proposal in response to this Request for Proposals, the offeror, or Contractor represents that they have not: 1) provided an illegal gift or payoff to a city officer or employee or former city officer or employee, or his or her relative or business entity; 2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, other than as exempted in the city conflict of interest ordinance; or 3) knowingly influenced (and hereby promises that it will not knowingly influence) a city officer or employee or former city officer or employee to breach any of the ethical standards set forth in the city conflict of interest ordinance, title 1, chapter 11 of the West Jordan city code.

Other Required Information and Materials For all service-related purchases, the Contractor will be required to sign the City Agreement for Services. A draft copy is provided below.

A. Exceptions. If the offeror takes exception to any term, condition, or requirement set forth in this Request for Proposal or the Agreement and any of its Exhibits and Attachments, said exceptions must be clearly identified and included in the response to this RFP. The City may not accept exception requests after the due date has expired and responses have been received.

1. Exceptions or deviations to any of the terms, conditions, or requirements must not be added to the proposal pages but must be submitted as a separate document accompanying the offeror's proposal identified as “Exceptions.”

However, any exceptions submitted may render the submission non-responsive to the requirements listed. The City shall be the sole determiner of the acceptability of any exception. Therefore, we encourage you to SUBMIT your questions or concerns using the Question-and-Answer process as defined in the RFP (Questions and Clarification), rather than submitting Exceptions as part of your proposal. If allowed by the City, exceptions will be considered in the evaluation, award processes, and any future contract negotiations.

Protected Information

(a) The Government Records Access and Management Act (GRAMA), codified as

Utah Code Ann., Subsection 63G-2-101, et seq., as amended, allows for limited protection of disclosure of certain confidential records. Subject to Subsection (b), all information contained in any RFPs submitted to the City shall be classified as public, but only after the City has awarded and executed a Contract with the winning Vendor.

(b) Any Claim of Business Confidentiality submitted pursuant to Utah law and in accordance with GRAMA may, in the sole discretion of the City, be classified as protected information. By submitting this RFP, the Vendor agrees to be bound by the City’s classification of its information submitted with its RFP and releases from liability and agrees to indemnify the City for any disclosure of confidential information. The Vendor must clearly identify and describe on the Protected Information Request Form any specific information for which an offeror claims business confidentiality protection as

"PROTECTED".

(c) The City reserves the right to classify as a public record any proposal submitted that does not comply with the GRAMA statute without further discussion with the Vendor. The City may decline to designate any information as PROTECTED if the Vendor uses a blanket claim of business confidentiality and/or fails to adequately describe or specify its confidentiality claims in sufficient detail, as determined in the City’s sole discretion.

d) All materials submitted become the property of the City, including originals, and will not be returned. Materials may be evaluated by anyone designated by West Jordan as part of the proposal evaluation committee.

Applicability of City Code The West Jordan City Code applies to this proposal process, including, but not limited to, Title 3 Chapter 1 of said code.

Rejection of Proposals The City reserves the right to reject any or all proposals received, and to select the proposal deemed to be the most advantageous and in the best interest of the City. Non-acceptance of a proposal will mean that one or more others were deemed more advantageous to the City or that all proposals were rejected.

Incurring Costs West Jordan City will not be liable for any cost that applicants may incur in the preparation of their proposals. Proposals should be concise, straightforward, and prepared simply and economically. Expensive displays, bindings, or promotional materials are neither desired nor required.

ATTACHMENT A

CONTRACT

THIS CONTRACT is made by and between the City of West Jordan, a political subdivision of the state of Utah (“CITY” or the “City”)) and _______________ (“CONTRACTOR” or the “Contractor”). CITY, and CONTRACTOR, are sometimes collectively referred to herein as “Parties” and individually as “Party.”

The Parties, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 - THE CONTRACT DOCUMENTS

The Contract Documents shall, as required by the City, consist of: this Contract, General Conditions of the Contract and any supplements thereto, List of Subcontractors, Equipment or Material Proposed, Contractor's General Information, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Notice of Completion, Technical Specifications, Standard Specifications and any supplements thereto, Special Provisions, Drawings listed in the Schedule of Drawings in the General Conditions or on the Cover Sheet of the Drawings or supplements thereto, all Addenda, Change Orders, and Work Directive Changes which may be delivered or issued after the Effective Date of the Contract, all of which are incorporated herein by reference.

ARTICLE 2 - THE WORK

The Work of this Contract generally includes the design and construction of structural and site improvements intended to support, protect, and enhance a City-supplied Vert Ramp. The City will provide new 40-foot high-cube shipping containers, contracted structural engineering services, and usable surface dirt material as needed to construct a U-shaped shipping container, or otherwise designed, and dirt ramp exits arrangement surrounding three sides of the Vert Ramp.

Notwithstanding the foregoing or any provision in Article 13 of the General Conditions, the Parties acknowledge and agree that dirt and earth trails and structures are prone to lose their shape and form over time due to use, weather, alterations by riders, etc., and Contractor does not warranty or guarantee any dirt or earth trail or structure. Upon completion of the Work, Contractor will not be responsible to City for any change, alteration, deterioration, or alleged defect to any dirt or earth trail or structure. CONTRACTOR is solely responsible for any geotechnical analyses, site preparation, and grading necessary to complete the Work. City is supplying the site “AS IS” without any representation or warranty as to the conditions thereof.

Contractor shall perform all earthwork, engineering, footings, fill, and other work necessary for siting City-provided shipping containers properly. Upon request, the City shall provide Contractor all previously completed environmental studies, soil analyses, topographies, and other similar reports, if any. Contractor shall perform any work necessary to secure and attach shipping containers as needed when stacked or placed side-by-side in a manner that allows the containers to be used in conjunction with other containers.

ARTICLE 3 - COMMENCEMENT AND COMPLETION

The Work shall commence on the date specified in the CITY’s Notice to Proceed and shall be substantially completed within ____ calendar days after the commencement date stated in the Notice to Proceed.

Notwithstanding the forgoing, the ____days to substantially complete the Work will not begin to run prior to (Insert Date).

The Parties recognize that time is of the essence and that CITY will suffer injury that may be difficult or impossible to quantify in monetary damages. If the Work is not substantially completed within ____ calendar days of the time specified above, CONTRACTOR shall pay CITY liquidated damages according to the chart below:

Contract Price Daily

Charge From More than

To and Including

$0 $100,000 $560 $100,000 $500,000 $930 $500,000 $1,000,000 $1,200 $1,000,000 $5,000,000 $2,130 $5,000,000 $10,000,000 $2,430

Notwithstanding the forgoing, Contractor will not be responsible to pay CITY liquidated damages for any change in the contract time made pursuant to Article 12 of the General Conditions.

ARTICLE 4 - CONTRACT PRICE

The CITY shall pay CONTRACTOR in a total collective amount not to exceed __________ (the “GMP Contract Price”) for the Work. The Parties understand and agree that the Contract Price represents full compensation for the Work. CONTRACTOR has provided CITY with a “Cost Breakdown” setting forth the estimated construction, labor, and materials costs for the Work. A copy of the Cost Breakdown is attached as “Exhibit B” to this Agreement. Such Cost Breakdown is understood by all Parties to be a non-binding estimate only and is subject to change as the Work is actually performed. At no time shall CITY be responsible to pay more than the Contract Price. Contractor accepts all risk, whether known or unknown, anticipated or unanticipated, of the increased cost of performance, including but not limited to increased materials cost, regardless of amount. Notwithstanding the forgoing, the Contract Price may be altered pursuant to Article 11 of the General Conditions.

ARTICLE 5 - PAYMENT PROCEDURES

The Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions.

Applications for Payment will be processed by the City as provided in the General Conditions and shall include the CITY’s purchase order number.

ARTICLE 6 - NOTICES

Whenever any provision of the Contract Documents requires written notice to Contractor, it shall be deemed to have been validly given if delivered to: (a) the Contractors’s Project Manager in person or via email; or (b) the CONTRACTOR’s last known business address via registered or certified mail, postage prepaid.

Whenever any provision of the Contract Documents requires written notice to CITY, it shall be deemed to have been validly given if delivered in person or by registered or certified mail, postage prepaid, to the City Recorder at 8000 S. Redwood Rd., West Jordan, Utah 84088, with a copy to the City Attorney.

ARTICLE 7 - MISCELLANEOUS

Terms used in this Contract which are defined in Article 1 of the General Conditions will have the meanings indicated therein. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

The PARTIES each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, contracts, and obligations contained in the Contract Documents.

ARTICLE 8 - REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND

EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES: The bidder, offeror, or contractor represents that they have not: (1) provided an illegal gift or payoff to a city officer or former city officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, other than as exempted in the City’s Conflict of Interest ordinance; or (3) knowingly influenced (and hereby promises that it will not knowingly influence) a city officer or employee or former city officer or employee to breach any of the ethical standards set forth in the City's Conflict of Interest ordinance, Title1, Chapter 11, Section 15 of the City of West Jordan Municipal Code.

ARTICLE 9 – STATUTORY REPRESENTATION: As required under Utah law, Contractor states that is not, and will not during the term of this Contract, engage in any activity prohibited under Utah Code § 63G-27-201.

EXECUTION OF CONTRACT

In concurrence and witness whereof, this Contract has been executed by the parties effective on the date the last party signs this Contract.

CITY OF WEST JORDAN (“CITY”)

Authorized Representative Date

ATTEST:

City Recorder Date

APPROVED AS TO FORM:

City Attorney’s Office Date

___________________ (“CONTRACTOR”)

Date:

Authorized Representative or Title

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EXHIBIT A

(General Design and Specifications)

EXHIBIT B

(Cost Breakdown)

GENERAL CONDITIONS

TABLE OF CONTENTS

Article 1 – Definitions

Article 2 – Preliminary Matters

2.1 Delivery of Bonds

2.2. Copies of Documents

2.3 Commencement of Contract Time; Notice to Proceed

2.4 Starting the Work

Article 3 – Contract Documents: Intent, Amending, Reuse

3.1 Contract Documents

3.2 Amending and Supplementing Contract Documents

3.3 Order of Precedence of Contract Documents

3.4 Reuse of Documents

Article 4 – Availability of Lands, Physical Conditions, Reference Points

4.1 Availability of Lands

4.2 Physical Conditions

4.3 Differing Site Conditions

4.4 Physical Conditions –Underground Utilities

4.5 Reference Points

4.6 Hazardous Waste

Article 5 – Bonds and Insurance

5.1 Performance and Other Bonds

5.2 Insurance

Article 6 – The Contractor’s Responsibilities

6.1 Supervision and Superintendence

6.2 Labor, Materials, and Equipment

6.3 Concerning Subcontractors, Suppliers, and Others

6.4 Permits, License Fees, and Royalties

6.5 Laws and Regulations

6.6 Taxes

6.7 Use of Premises

6.8 Safety and Protection

6.9 Emergencies

6.10 Shop Drawings and Samples

6.11 Indemnification

6.12 Contractor’s Daily Reports

6.13 Assignment of Contract

Article 7 – Other Work

7.1 Related Work at Site

7.2 Coordination

Article 8 – The City’s Responsibilities

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8.1 Communications

8.2 Payments

8.3 Lands, Easements, and Surveys

8.4 Change Orders and Work Directive Changes

8.5 Inspections & Tests

8.6 Suspension or Termination of the Work

Article 9 – [RESERVED]

Article 10 – Changes in Work

10.1 General

Article 11 – Change of Contract Price

11.1 General

11.2 Cost of Work (Changes Based on Time and Materials)

11.3 Special Services

11.4 Contractor’s Overhead and Profit

11.5 Records

Article 12 – Change of Contract Time

12.1 General

12.2 Extensions of Time for Delay Due to Inclement Weather

Article 13 – Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work

13.1 Warranty and Guarantee

13.2 Access to Work

13.3 Tests & Inspections

13.4 City May Stop the Work

13.5 Correction or Removal of Defective Work

13.6 One Year Correction Period

13.7 Acceptance of Deflective Work

Article 14 – Payments to the Contractor and Completion

14.1 Schedule of Values (Lump-Sum Price Breakdown)

14.2 Unit Price Bid Schedule

14.3 Application for Progress Payment

14.4 Retainage from Monthly Payments

14.5 Contractor’s Warranty of Title

14.6 Review of Applications for Progress Payments

14.7 Beneficial Use or Occupancy and Partial Utilization

14.8 Completion

14.9 Final Application for Progress Payment

14.10 Final Progress Payment and Acceptance

14.11 Contractors Continuing Obligation

14.12 Final Payment Terminates Liability of the City

14.13 Release of Retainage and Other Deductions

Article 15 – Suspension of Work and Termination

15.1 Suspension of Work by City

15.2 City’s Termination of Contract (Contractor Default)

15.3 City’s Termination of Contract (For Convenience)

15.4 Contractor’s Termination of Contract

Article 16 – Resolution of Construction Claims

Article 17 – Miscellaneous

17.1 Title to Materials Found on the Work

17.2 Right to Audit

RFP Page 15

CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS

Unless otherwise defined, wherever used in these General Conditions or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

Addenda - Written or graphic instruments that make changes, additions, or deletions to the Contract Documents.

Appendices - May include technical reports and permits obtained by the Owner.

Application for Payment - The form approved by the City to be used by the Contractor in requesting progress or final payments, including such supporting documentation as required by the Contract Documents.

Asbestos - Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

Beneficial Use or Occupancy - Placing all or any portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching completion for all of the Work.

Bonds - Performance and Payment Bonds, and other instruments which protect against loss due to inability or refusal of the Contractor to perform its Contract.

Change Order - A document which is signed by the Contractor and the City that authorizes an addition to, deletion from, or revision of the Work, issued on or after the Effective Date of the Contract.

City/Owner - The City of West Jordan, organized and existing in Salt Lake County, State of Utah, sometimes referred to as the Owner.

Completion - Completion means the project is fit for its intended use and the Contractor has submitted the Certificate of Completion to the City.

Contract (or Agreement) - The written agreement or contract between the City and the Contractor covering the Work to be performed, including Contract Documents made a part thereof as provided therein.

Contract Documents - Unless otherwise defined in the written Addenda signed by the Parties, the Contract Documents shall the prevailing rate of per diem wages as determined by the State of Utah, the Schedule of Values or Cost-loaded CPM, List of Subcontractors, Equipment or Material Proposed, Contractor's General Information, , the Contract, , Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract, Technical Specifications, Standard Specifications, Supplementary Specifications, Special Provisions, Drawings, Appendices, and all Addenda, Change Orders, and Work Directive Changes executed pursuant to the provisions of the Contract Documents. Shop drawing submittals approved pursuant to Section 6.10 and the reports and drawings referred to in Section 4.2a are not Contract Documents.

Contract Price - The total money payable by the City to the Contractor under the terms and conditions of the Contract Documents.

Contract Time - The number of successive calendar days as stated in the Contract Documents for the completion of the Work.

Contractor - The person, firm, or corporate entity with whom the City has executed the Contract.

Contractor’s Project Manager - Contractor's Project Manager for the project through whom all substantive communication with the Contractor regarding the project shall be directed. This individual and the City's Resident Project Representative shall be the only two individuals who shall have the authority to provide direction/receive authorization on matters pertaining to the Project.

Cost of Work - The term Cost of Work (determined as provided in Sections 11.2, 11.3 and 11.4, herein) shall mean the sum of all costs necessarily incurred and paid for by the Contractor for labor, materials, and equipment in the proper performance of the Work, plus the Contractor's fee for overhead and profit.

Day - A calendar day of 24 hours, measured from midnight to the next midnight.

RFP Page 16

Daily Work Reports - Cost isolation reports detailing all costs of extra work, disputed work, emergency work, or other work paid for on a force account basis and the cost of other operations. A record of daily costs separate and distinct from the daily costs of other work on the project for which a contract price has been established.

Defective Work - Work that is unsatisfactory, faulty, or deficient, or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents.

Drawings/Contract Drawings - The drawings and other graphic representations that show the character, location, nature, extent, and scope of the Work to be performed.

Effective Date of the Contract (or Effective Date of the Agreement) - The date indicated in the Contract on which it was executed, but if no such date is indicated it shall mean the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.

End of Contract - The End of the Contract shall be identified as being that day when the Work should be completed based upon the predefined contract period as indicated in the Contract Documents plus any time extensions granted by the City and when punch list items are completed and close-out documents are submitted.

General Requirements - Sections of Division 1 of the Technical Specifications.

Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes, and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and Regulations.

Liquidated Damages - The daily dollar amount specified in the Contract that the Contractor shall pay to the City for each and every day that the Work remains incomplete following the date of Completion of the Work or designated portions of the Work as specified in the Contract Documents.

Notice of Award - The written notice by the City to the Contract stating that upon compliance with the conditions precedent enumerated therein, within the time specified, the City will enter into a Contract. This Notice will only be issued after City Department Approval.

Notice of Completion - The document completed by the City after the City Department has accepted the project.

Notice to Proceed - A written notice issued by the City to the Contractor authorizing the Contractor to proceed with the Work and establishing the date of commencement of the Contract Time.

Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Completion of all the Work.

Petroleum - Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-hazardous wastes and crude oils.

Project Representative - The person named as the authorized representative of the City who is assigned to the site or any part thereof.

All liaisons between the Contractor and the City shall be directed through the Project Representative.

Request for Information (or RFI) – Information requested by the Contractor of the Owner to clarify project plans or specifications.

Samples - Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

Schedule of Values - Cost value of activities; A breakdown of a lump sum project into unit values to serve as a basis for estimating the value of the Work completed to facilitate the making of progress payments to the Contractor. The unit values in a schedule of values are for convenience only and are not intended for the purpose of pricing change orders.

Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by or for the Contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a supplier or manufacturer and submitted by the Contractor to illustrate material or equipment for some portion of the Work.

Specifications - Those portions of the Contract Documents consisting of Part I, Contract; Part II, General Conditions of the Contract;

and Part III, Technical Specifications, Supplementary Specifications, and Special Provisions, including the General Requirements and those Technical Sections consisting of the written technical descriptions of materials, equipment, construction systems, methods, standards, and workmanship as applied to the Work and certain administrative details applicable thereto.

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Subcontractor - An individual, firm, or corporate entity having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. A subcontractor is any individual or firm, which has contracted with the prime Contractor to perform any portion of the Work on the site in an amount exceeding 1/2 of one percent of the total contract amount.

Supplier - A manufacturer, fabricator, retailer, wholesaler, distributor, material man, or vendor having a direct contract with the Contractor or with any subcontractor or with the City to furnish materials or equipment to be incorporated in the Work by the Contractor or any Subcontractor.

Technical Specifications - The technical sections of the Specifications, comprise all sections contained in Part III of the Specifications defined herein.

Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities that have been installed underground to furnish any of the following services or materials: electricity, water, sewage and drainage removal, gases, steam, liquid petroleum products, telephone or other communications, cable television, traffic or other control systems.

Unit Price Work - Work to be paid on the basis of unit prices.

Work - All labor, materials, and services required to complete the project pursuant to the Contract Documents.

Work Directive Change - A written directive to the Contractor, issued on or after the Effective Date of Contract, signed by the City, ordering an addition, deletion, or revision of the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed, or to emergencies as provided in the Contract Documents. A Work Directive Change may not be used to change the Contract Price nor the Contract Time but shall be evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in the Contract Documents.

ARTICLE 2 -- PRELIMINARY MATTERS

2.1 Delivery of Bonds:

When the Contractor delivers the executed Contract and Contract Documents to the City, the Contractor shall also deliver to the City such Bonds and insurance policies or certificates as the Contractor may be required to furnish in accordance with the Contract Documents.

2.2 Copies of Documents:

As reasonably necessary, the City shall furnish up to 5 copies of the Contract Documents to the Contractor, unless otherwise agreed.

Additional copies will be furnished, upon request, at the cost of reproduction.

2.3 Commencement of Contract Time; Notice to Proceed:

The Contract Time shall commence to run on the date specified in the Notice to Proceed.

2.4 Starting the Work:

The Contractor shall start to perform the Work on the date when the Contract Time commences to run but no Work shall be done at the site prior to the date on which the Contract Time commences to run.

ARTICLE 3 -- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.1 Contract Documents:

a. The Contract Documents comprise the entire agreement between the City and the Contractor concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the laws of the state of Utah.

b. Any Work, materials, or equipment that may be reasonably inferred from the Contract Documents, as necessary to complete the Work will be supplied by Contractor whether or not specifically called for. When words, which have a well-known technical or trade meaning, are used to describe Work, materials, or equipment, such words shall be interpreted in accordance with that meaning.

c. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the Laws or Regulations of any governmental authority, whether such reference is specific or by implication, shall mean the latest standard specification, manual, code, or Laws or Regulations in effect at the time of Contract except as may be otherwise specifically stated.

However, no provision of any referenced standard specification, manual, or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of the City, the Contractor, or any of their subcontractors, RFP Page 18 consultants, agents, or employees from those set forth in the Contract Documents.

d. If during the performance of the Work, the Contractor finds a conflict, error, or discrepancy in the Contract Documents, the Contractor shall immediately report the same to the City in writing. Before proceeding with the Work affected thereby, Contractor shall obtain a written interpretation, clarification, or correction from the City.

3.2 Amending and Supplementing Contract Documents:

The Contract Documents may be amended after execution of the Contract to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof only by: (1) Change Order: (2) Work Directive Change; or (3) Written amendment or modification executed by the Parties.

3.3 Order of Precedence of Contract Documents:

a. In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the order of precedence shall be as follows:

1. Change Orders or Work Directive Changes

2. Contract

3. Contract Drawings (See 3.3b)

4. Addenda

5. General Conditions of the Contract

6. Technical Specifications

7. Referenced Standard Specifications

8. Referenced Standard Drawings

b. Conflicts within the Drawings shall be resolved as follows:

1. Figures govern over-scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda or Change Order drawings govern over Contract Drawings

4. Contract Drawings govern over standard drawings

5. Contract Drawings govern over shop drawings

3.4 Reuse of Documents:

Neither the Contractor, nor any Subcontractor or Supplier, nor any other person or organization performing or furnishing any of the Work under a direct or indirect contract with the City shall have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) and shall not reuse any of them without written consent of the City.

ARTICLE 4 -- AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS

4.1 Availability of Lands:

The City will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of Contractor. Easements for permanent structures, or permanent changes in existing facilities, will be obtained and paid for by the City unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the Contractor exclusive occupancy of the lands or rights-of-way provided. The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Contractor shall not enter upon nor use any property not under the control of the City until a written temporary construction easement agreement has been executed by the Contractor and the property owner. Contractor shall be fully liable for any claims or damages resulting from Contractor's unauthorized trespass or use of any such properties and shall indemnify, defend, and hold harmless the City from the same.

4.2 Physical Conditions:

a. Explorations and Reports: Those reports of explorations and tests of subsurface conditions at the site that have been provided by the City. The Contractor may not rely on or make claims against the City, their officers and employees, or their Consultants or Subconsultants with respect to:

1. The completeness of such reports or drawings for the Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor and safety precautions and programs incidental thereto;

2. Other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or

3. Any Contractor interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions, or

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b. Existing structures: Existing surface and subsurface structures (except Underground Utilities referred to in Section 4.4 herein) which are at or contiguous to the site. The interpretation of such factual data provided by the City, including any interpolation or extrapolation thereof, together with nonfactual data, interpretations, and opinions contained in such drawings or the completeness thereof is the responsibility of the Contractor.

4.3 Differing Site Conditions:

a. Before they are disturbed, the Contractor shall notify the City in writing of the following unforeseen conditions (hereinafter "differing site conditions”) promptly upon their discovery--in no event later than 3 days--:

1. Subsurface or latent physical conditions at the site of the Work differing materially from those indicated, described, or delineated in the Contract Documents including those reports and documents discussed in Section 4.2; and

2. Unknown physical conditions at the site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed in Section 4.2.

b. The Contractor…