11-25-04031VW RFP Mt. Ogden Admin Final.pdf

UTAH TRANSIT AUTHORITY

REQUEST FOR PROPOSALS

Cover Sheet

General Information

Project Name Utah Transit Authority Mt. Ogden Administration Building

Project Description

Construction of a new administration building, site improvements, bus canopy, and bus parking at approximately Wall Avenue at 18th Street in Ogden Utah

Project Start Date Approximately 05/01/2025

Contract Type Firm Fixed Price

Funding Source Federal

DBE Goal 0%

Procurement Process Information

RFP No. 25-04031VW

Contract Administrator *All correspondence during RFP must be directed through the Contract Administrator.

Vicki Woodward 669 West 200 South Salt Lake City, Utah 84101

(801) 287-3033 vwoodward@rideuta.com

Evaluation Criteria:

• Technical 75 Points

• Meets or exceeds Specification (10 Pts)

• Experience and Qualifications (20 Pts)

• Approach (30 Pts)

• Project Schedule and narrative (15 Pts)

• Price Proposal 25 Points

• Stated Price (12 pts)

• Price Realism (13 pts)

This is a best-value procurement. UTA will select the team whose proposal is most advantageous to UTA, considering both price and quality/technical factors. The technical factors will account for Seventy Five (75 pts) of the total evaluation.

The price will be considered Twenty Five (25 pts) of the total evaluation. See Part 2 for more information on proposal content and the rating method.

Projected RFP Schedule:

Please refer to Bonfire for updates to all dates and times.

A) Issue Request for Proposals December 24, 2025

B) Pre Bid Site Visit (Non Mandatory) 17th Street and Wall Avenue Ogden, Utah

January 7, 2026, 10:00 am MST

C)

Deadline to Submit Questions and Request for Approved Equals or Changes to UTA

January 26, 2026, 2:00 pm MST

D) Last Day for UTA to Issue Addenda and Clarifications January 30, 2026

E) Deadline to Submit Proposals February 10, 2026, 2:00 pm MST

F) Presentations/Interviews/Problem-Solving Exercises(Optional)

TBD if needed

G Anticipated Board Approval

April 22, 2026

H) Anticipated Notice to Proceed May 1, 2026

Included as part of this RFP

Part 1 – Project Specific Information Part 2 – Procurement Process Information Part 3 – Standard Solicitation Terms Part 4 – Standard Contract Terms / Sample Contract Part 5 – Standard Forms Exhibit A – Proposal Forms, Declarations and Prerequisites.

Exhibit B – Price Form (3 tabs to fill out) Part 6 - Appendices Appendix I - Federal Certifications and Assurances - Corrected Appendix II- Federal Clauses Appendix III - Davis Bacon Wage Determination for Weber County Appendix IV - UTA Quality Management Plan Revision January 2024

Appendix V - UTA Design Quality Procedures

Appendix VI - UTA Construction Safety and Security Program Manual Appendix VII – Mt. Ogden Admin Building & Canopy Permit Drawings Appendix VIII – Mt. Ogden Permit Specifications

Proposal Contents

Page Limit Cover pages, table of contents, divider tabs, and resumes, the Price Proposal, and required forms do not count toward the page limit.

12 pages

Submittal Instructions

• One (1) electronic copy of the technical proposal and one (1) electronic copy of the price proposal shall be uploaded to Bonfire on or before the deadline referenced above. See Part 3 of this RFP for further instructions.

Required Forms

To be considered responsive, proposals must include the additional forms, declarations, and certifications listed below:

Signed Proposal Forms (including Prerequisites) Declarations (Part 5) Federal Forms and Certifications Bid Forms Bid Bond (5%) Performance Bond (100%) – Contractor will need to obtain and submit with proposal a letter showing bond capacity & that contractor can be bonded and submit with proposal submittal.

Bid Payment Bond (100%) - Required if awarded a contract when contract is signed.

Part 1 – Project Specific Information

A. GENERAL OVERVIEW

The Utah Transit Authority (“UTA”) is soliciting qualifications from interested construction firms and intends to contract with a Contractor to construct a new administration building, site improvements, bus canopy, and bus parking at approximately Wall Avenue at 18th Street in Ogden Utah. Project shall also include options to furnish and install items such as, furniture, owner provided items, and A/V equipment as funds allow.

The UTA project manager will be the day-to-day contact person for UTA, and act as the liaison between

UTA and the Contractor with respect to the work. UTA’s Project Manager shall also coordinate any design reviews, approvals, or other direction required from UTA with respect to the work.

The project stakeholders are the UTA groups that will occupy the building when completed and the UTA facilities group that will be responsible to maintain the finished building and site.

This contract will be a firm fixed price contract. It is anticipated that the contract term will be 24 months or less from notice to proceed. Contractors shall verify if this timeframe is reasonable and submit a schedule and narrative in the proposal to justify anything longer than 24 months.

A. PROJECT GOALS

1. Safety and quality of construction

2. Complete the Project within the defined scope, schedule, and budget

3. Provide a completed project that is functional, free of defects, meets expected useful life, is durable and conforms to the project specifications and industry standards

4. Meet all federal requirements associated with the project funding.

5. Coordinate construction efforts with UTA operations so that UTA staff are safe on site and buses and operators can move as necessary on site.

6. Coordinate and accommodate other UTA procured contractors on site during the project.

These may include, but are not limited to fuel tank replacement, audio visual, security access, surveillance cameras, and furniture suppliers and installers.

B. THE UTAH TRANSIT AUTHORITY’S MANAGEMENT PHILOSOPHY

UTA’s management approach anticipates working with the contractor to timely identify and resolve issues, and construct a quality product in a timely manner. UTA uses Procore construction management software to manage and document the construction process.

C. GENERAL PROJECT DESCRIPTION

Construct the bus parking and canopy area as the first phase of the project. When the bus parking is completed and ready to use, demolish the necessary existing bus parking and construct the administration building with adjacent employee parking, utilities, landscaping and other site improvements according to the plans and specifications.

UTA is working on building permit approval. The plans have been turned into Ogden City and comments are anticipated early next year. UTA is planning to address those comments in an addendum to this RFP.

UTA anticipates obtaining the building permit on or before the construction start date. The contractor will be responsible to provide any information required from the City for the permit and to abide by the terms of the permit.

D. PROJECT FUNDING

The project funding is a combination of federal and local funds.

E. PROJECT BUDGET

Budget control is critical to project success. The contractor plays an important role in controlling costs by notifying UTA of unforeseen site conditions or discrepancies in the plans and specifications as soon as possible. Transparency and open book cost estimating is required for all change orders.

F. CONTRACT SCHEDULE

The Contractor shall identify in its proposal the schedule or timeframe anticipated to complete the project and should include plan and permit approvals, submittals, coordination with utility companies, all construction activities for the building and site, commissioning and final acceptance. The Contractor shall also identify any long lead items or equipment that impacts the project schedule. The Contractor shall provide a project schedule with a brief narrative of the status of work completed and upcoming work, along with a monthly estimate of cash flow for the project until completion.

UTA’s goal is to complete the project in 24 months or less.

G. EXPLANATION OF THE PRICE

The Contractor shall submit its price on the price forms included in the RFP. The contract will be a firm fixed price contract. Contractor bids should include all labor, materials, and overhead costs necessary to complete the project according to the plans and specifications.

H. DRAWINGS

Plans and specifications are provided.

I. ENVIRONMENTAL DOCUMENTATION

This is a federal project and the following items will be required as part of the project

• If suspected contaminated soil is detected during construction (based on visual or smell), all work in the area will stop, and the UTA Environmental Department will be contacted. UTA

Environmental Team will assess the situation and will coordinate with DEQ as necessary to determine next steps. All contaminated material will be managed in accordance with applicable federal, state, and local regulations.

• Coordination with utility companies regarding utility relocation will occur during final design and construction.

• During construction, the construction zone will be clearly marked. If needed, temporary information signs will be used to communicate potential closures or detours.

• A fugitive dust control plan will be prepared and utilized during construction.

• A storm water permit will be acquired prior to construction, as required.

• Construction activities will comply with local jurisdiction noise control ordinances.

1.0 SCOPE OF WORK

This project consists of constructing a new administration building at UTA’s Mt. Ogden campus located at approximately 18th Street and Wall Avenue in Ogden Utah.

The new building will displace some of the existing bus parking. The contractor must perform the construction while maintaining bus circulation through the site to provide service to UTA’s customers.

Buses currently enter from 17th street and circle counterclockwise around the existing bus canopies to park and to access the existing fueling building directly north of the new administration building. Buses must enter the fueling building from the east side.

UTA will be procuring a separate contractor early in 2026 to replace the existing underground fuel tanks south of the fueling building. It is anticipated that this work will occur while the bus parking and canopy are being constructed and should be completed by sometime in February of 2027 or earlier. The building contractor should plan on coordinating with the fuel tank contractor and UTA bus operations related to site access and bus circulation. UTA anticipated that simultaneous construction of the tanks and building would not be possible while circulating buses into the fueling building. Present a plan to circulate buses for UTA approval if the contractor proposes starting on the building prior to completion of the tanks after the canopy and parking are completed.

UTA has submitted the plans for building permit and the permitting process will occur during this proposal. UTA will issue addenda as necessary based on comments from the City. The contractor will be responsible to provide any information required from the City for the permit and abide by the terms of the permit.

J. SPECIAL REQUIREMENTS

UTA’s standard for Contractor’s is to utilize UTA’s Procore System. This includes construction submittals, request for information (RFI), invoicing, material certifications, inspections, daily logs, change orders, drawings, and specifications.

The contractor will provide a cost loaded schedule so that UTA can anticipate expenditures both monthly and on a calendar year basis.

The Contractor is required to coordinate with UTA construction oversight on all inspections and testing.

The Contractor is also responsible to include the cost of an independent testing firm for all QC testing according to the UTA Construction Quality Procedures in the bid. UTA will only perform special inspections required to be performed by a third party according to city requirements and QA verification of the contractor provided QC testing on all other items.

The Contractor should plan on coordinating with additional contractors that may be procured by UTA to perform work on the site. These may include, but are not limited to security equipment installation, furniture installation, shop equipment, Audio-Visual equipment installation, and underground fuel tank replacement.

UTA is in the process of contracting a construction auditor that will be sampling and reviewing invoices, change orders, quality reports, etc. The contractor will be responsible to respond to any comments or questions arising from these audits.

The Contractor should plan on coordinating permits with all local agencies and utilities.

Part 2 – Procurement Process Information

PROPOSAL FORMAT

Proposals must adhere to the following format:

• Proposals should be formatted primarily to 8 ½ by 11 inches. An 11 by 17-inch format may be used for charts, tables, and schedules. No text should be included on the 11 by 17-inch size format except for text that is required for the interpretation of the chart, table, or schedule.

• Proposals should use a minimum of 12-point font.

• If a proposal is submitted in double-sided format, both sides of the page will be counted against the page Limit.

• The proposal must not exceed the page limit shown on the RFP Cover Sheet. The Proposer shall not submit brochures or additional materials. Hyperlinks will be counted toward the page limit unless specified as exempt. At its discretion, UTA will not consider such additional materials in the selection of the successful Proposer.

• The maximum file upload size in Bonfire is 50mb.

Failure to follow the format described above may result in the proposal being deemed non-responsive.

PROPOSAL CONTENT

The proposal should consist of the following sections in the order listed below:

Cover Letter

Explain the interest of the Proposer in the work covered by this RFP and identify the Proposer’s point of contact, including name, address, telephone, and e-mail address. Limit the cover letter to one page.

Technical Proposal (75 points) o Meet or exceed Specification(s) (10 points)

The Proposer shall provide sufficient information to allow UTA to evaluate compliance with the specification requirements of this RFP. Discuss the plan to meet all Federal requirements associated with the project funding, including, but not limited to Buy America, Certified Payrolls, and Davis

Bacon Wages. Please provide a list of proposed materials and warranty information. Additionally, please demonstrate how the materials will meet or exceed the specification(s). Please describe in detail the Proposer’s installation methods, if applicable.

o Experience and Qualifications (20 points)

Proposers shall demonstrate its ability to meet the quality and quantity requirements of this RFP.

Proposer shall also confirm its ability to meet the proposed timeframe for delivery.

Proposer shall provide a minimum of five customer references similar to the scope of work referenced in this RFP. References shall include contact names, address, phone numbers and email address.

Proposer shall provide information and qualifications of key personnel assigned to the project.

Proposer shall have a minimum of three years of experience in work similar to that outlined in the scope of work of this RFP.

o Approach (30 points)

Proposer shall provide sufficient information to allow UTA to evaluate proposer’s understanding of the project and how the proposer will complete the project in the timeframe submitted. It should also call out any long lead items, risks and mitigation, and Value Engineering opportunities and how these can affect the schedule. Discuss the phasing of the project and how the proposer will build and open the bus parking prior to demolishing the existing bus parking and constructing the building.

Discuss coordination efforts with other contractors on site, particularly the fuel tank replacement contractor. Items should be noted that demonstrate an understanding of this type of project and specifics of self-performed vs. sub-contractor work. Explain how you intend to build the project and work with stakeholders so that the finished product meets their expectations as well as maintain bus flow through the site so UTA can provide service.

o Project Schedule (15 points)

Proposer’s ability to meet the project schedule. Include information on phasing and schedule risks and mitigations.

Forms If applicable (Proposer shall provide all Federal Forms/Certifications in this tab),

• Proposal Declaration

Proposal forms are supplied for the purpose of listing the Proposer’s team or individual data. The Proposer shall provide the data in the appropriate form. A Proposer's failure to follow the specified format may be considered non-responsive.

Price Proposal (25 points)

The price proposal shall be evaluated based on both price and cost realism. Price will be taken at face value, while cost realism will be evaluated based on whether the evaluator believes the Contractor’s price reflects a realistic understanding of the scope of effort and resources required to complete the project. Price proposals shall receive a rating from 0 to 25 based on the combined evaluation of price and cost realism.

PRICE SHALL BE SUBMITTED USING THE PRICE FORM PROVIDED IN PART 5 (IF APPLICABLE) AS SET FORTH IN THE COVER SHEET. THE PRICE FORM MUST BE UPLOADED IN BONFIRE AS A SEPARATE

FILE FROM THE TECHNICAL PROPOSAL.

WEIGHTING OF EVALUATION CRITERIA

Proposals will be evaluated based on responses to the information requested herein. The Utah Transit

Authority may interview one or more firms as part of the evaluation process; however, a decision to award a contract may be based solely upon the submitted proposals.

This is a best-value procurement wherein the award will be made to the responsive and responsible respondent whose proposal is determined to be the most advantageous to UTA, with the evaluation taking into consideration both the technical and pricing factors. In the evaluation, the technical and pricing factors shall be weighted as detailed above:

The Price Proposal must be submitted in a separate file from the technical proposal.

The Technical Proposal must not contain any cost information included in the proposal.

UTA may use the following cost formula: Each proposal will be given a score from 0 to 25 based on both price and cost realism. A proposal with a low price and a high degree of cost realism shall receive a score on the upper end of the scale. A proposal with a high price and a low degree of cost realism shall receive fewer points on the lower end of the scale. To arrive at an overall total score, the price proposal rating will be weighted according to the overall evaluation criteria and combined with the technical evaluation scores.

In addition to the above, proposals whose total evaluated price is fifty percent (50%) or more above or below the median price of all responsive proposals may be deemed unreasonably priced and non-responsive and may be removed from further consideration at the Authority’s sole discretion.

The Authority reserves the right to disqualify such proposals without further evaluation if it determines that the pricing reflects a material risk to successful performance or does not represent a fair and reasonable price.

Part 3 – Standard Terms of Solicitation

INSTRUCTIONS TO PROPOSERS

1. Submission of Proposals.

Proposals must be uploaded to Bonfire by the “Bid Ends” date and time listed on Bonfire. Proposals uploaded after the deadline will be considered non-responsive. It is the responsibility of the Proposer to ensure that its proposal is properly uploaded by the deadline.

Log on to Bonfire at https://utah.bonfirehub.com/portal/?tab=openOpportunities ; if you have already registered, log in and search by Utah Transit Authority or the RFP number.

If you need to create an account, please select “Create Account,” and then you can search UTA or the RFP number identified on the Cover Page. If you need assistance, please email the Utah Supplier Portal Support at https://vendorsupport.gobonfire.com/hc/en-us. Instructions to proposers are included in the RFP documents.

For ease of review, UTA may also request delivery of hard copies of Proposals (see RFP Cover Sheet).

2. Federal Requirements.

If federal funds are being used to finance this project, the Contractor shall also comply with the additional applicable federal terms and conditions listed in Appendix I and submit all applicable certifications, forms and reports listed in Appendix II.

a. UTA eComply Solutions. In addition, where federal funds are being used, the

Bidder/Proposer shall submit required labor and subcontractor information to UTA through following portal: https://uta.ecomply.us. The information provided shall include the following:

• Set up and maintain contractor login for all persons inputting information in the system.

• Description of payments received from UTA and payments made to subcontractors of all tiers, including amounts and confirmation of payment.

• All certified payroll must be input into eComply Solutions which may be accomplished either through direct input or importation from the contractor’s accounting system.

• All subcontract award amounts, dates signed, and change orders.

• Certified payroll information shall be uploaded on a weekly basis; all other information shall be uploaded or input no less than monthly.

• The Contractor shall include this clause in all subcontracts and manage and monitor compliance of all subcontractors within the UTA eComply system.

3. Minimum Standards.

https://utah.bonfirehub.com/portal/?tab=openOpportunities https://vendorsupport.gobonfire.com/hc/en-us https://uta.ecomply.us/

This RFP sets forth the minimum requirements that all Proposals must meet. Failure to submit Proposals in accordance with this RFP may render the Proposal unacceptable or non-responsive. UTA may, in its sole discretion, waive minor irregularities in a Proposal that do not alter the quality or quantity of the information provided.

4. Confidential, Protected, and Public Information

In accordance with Utah Code Section 63G-2-305(6) of the Government Records Access and Management Act (GRAMA) and UTA's Procurement Standard Operating Procedures (SOPs), procurement information related to this procurement will not be made public until after the execution of the Contract with the successful Proposer. Procurement information includes the Proposals submitted by Proposers in response to this RFP, any accompanying documentation, and records maintained by UTA during the procurement process.

UTA will maintain a process to ensure confidentiality for the duration of this procurement. If the Proposer submits information in its Proposal that it believes is "trade secret," the Proposer must follow the procedure set forth in Section 63G-2-309 of GRAMA.

Additionally, for ease of Proposal evaluation, UTA requests that each Proposer also follow the steps identified below:

a) Clearly mark all trade secret information as such in its Proposal at the time the Proposal is submitted and include a cover sheet stating, “DOCUMENT CONTAINS TRADE SECRET INFORMATION,” and identifying each section and page which has been so marked.

b) Include a statement with its Proposal justifying the Proposer’s determination that certain records are trade secret information for each record so defined.

c) In addition to the Proposal uploaded to Bonfire, upload a second copy of the Proposal (as an attachment) that has all the trade secret information deleted, and label this copy of the Proposal “Public Copy.” If a Proposer uploads a Proposal containing no trade secret information, no "Public Copy" needs to be submitted.

However, any Proposer that submits a Proposal containing no trade secret information must so certify in a cover letter to its Proposal; and

d) Defend any action seeking release of the records it believes to be trade secret information and indemnify, defend, and hold harmless UTA and the State of Utah and its agents and employees from any judgments awarded against UTA and its agents and employees in favor of the party requesting the records, including any and all costs connected with that defense. This indemnification survives UTA’s cancellation or termination of this procurement or award and subsequent execution of the Contract. In submitting a Proposal, the Proposer agrees that this indemnification survives as long as the trade secret information is in possession of

UTA.

All records pertaining to this procurement will become public information after the execution of the Contract, unless such records are identified as trade secret information as specified above. No liability will attach to UTA for the errant release of trade secret information by UTA under any circumstances.

5. Submitting Questions to UTA

Questions and Requests for changes to the RFP must be submitted via the Bonfire Q&A page before the end of the Question and Answer period. UTA’s answers to timely questions will be posted on the Bonfire

Q&A page. All communications regarding this RFP should be addressed solely to the Contract Administrator whose name and contact information are listed on the Cover Page of the RFP.

6. Requests for Approved Equals or Changes

Whenever a brand, manufacturer, or product name is indicated in this RFP, it is included only for the purpose of establishing identification and a general description of the item. Wherever such names appear, the term "or approved equal" is considered to follow.

Requests for Approved Equals must be submitted via Bonfire Q&A page. UTA retains the discretion to withhold approval for one or more requested equals if the magnitude of requested approvals exceeds UTA’s available resources to allow for adequate evaluation in support of a timely procurement.

Any request for an approved equal must be fully supported with technical data, test results, or other pertinent information as evidence that the substitute offered is equal or better than the RFP requirement.

UTA will only assess requests for approved equals if the price of the substitute product is competitive with the price of the product specified in the RFP, as determined by UTA in its sole discretion.

It should be understood that specifying a brand name, components, and/or equipment in this RFP will not relieve the Proposer from its responsibility to provide the product in accordance with the performance warranty and contractual requirements. The Proposer shall notify UTA of any inappropriate brand name, component, and/or equipment that may be called for in this RFP and shall propose a suitable substitute for consideration.

7. Addenda to the Request for Proposals

UTA reserves the right to make changes to the RFP by issuing a written addendum to the RFP which will be posted to Bonfire.

8. Multiple or Alternative Proposals

The submission of multiple or alternative Proposals, except as specifically called for in the RFP, may render all such Proposals non-responsive and may cause the rejection of some or all of such Proposals.

9. Withdrawal of Proposals

A Proposer may withdraw its Proposal from Bonfire before the Proposal due date without prejudice to itself.

10. Cost of Proposals

UTA is not liable for any costs incurred by Proposers in the preparation, presentation, or negotiation of Proposals submitted in response to this RFP.

11. Examination of Request for Proposals

The submission of a Proposal constitutes an acknowledgment upon which UTA may rely that the Proposer:

(i) has thoroughly examined and is familiar with the RFP, including the contractual terms in Part 4, (ii) is familiar with any work site identified in the RFP, and (iii) has reviewed and inspected all applicable statutes, regulations, ordinances, and resolutions addressing or relating to the goods and services to be provided hereunder. The failure or neglect of a Proposer to receive or examine such documents, work sites, statutes, regulations, ordinances, or resolutions will in no way relieve the Proposer from any obligations with respect to the Proposer’s Proposal or to any contract awarded pursuant to this RFP. No reduction or modification in the Proposer’s obligations will be allowed based upon a lack of knowledge or misunderstanding of this RFP, work sites, statutes, regulations, ordinances, or resolutions.

12. Firm Offer

Unless otherwise stated in this RFP, submission of a Proposal constitutes an offer to provide the goods or services described in the RFP, for the price set forth in the Proposal. Such offer must be good and firm for a period of ninety (90) days after the Deadline to Submit Proposals.

SELECTION PROCESS

1. No Public Opening

This is an RFP and, as such, the Proposals submitted in response to this RFP will not be subject to a public opening.

2. UTA’s Procurement Options

Based on submitted information, UTA may do or take any of the following actions, without limitation:

• Select a Proposer based solely on the written proposals, with or without subsequent negotiations.

• Ask for more information or clarifications before making a selection.

• Use presentations, interviews, or problem-solving exercises before making a selection.

• Under specific circumstances described in the Utah Procurement Code, determine a Competitive Range, conduct Discussions, and/or request Best and Final Offers (BAFO) before making a selection if a material error in the RFP is discovered during the evaluation process, UTA may issue an addendum to all Proposers that have submitted Proposals requesting revised Proposals based upon the corrected RFP.

• Decline to accept any Proposal.

• Re-advertise.

• Cancel the procurement or

• Elect to otherwise procure the needed services in accordance with UTA policy and procedures.

UTA reserves the right to negotiate price, scope, schedule, and other contract terms with the preferred Proposer after a selection is made.

3. Responsibility

UTA will not select a Proposer who is deemed by UTA, in its sole discretion, to lack the ability or responsibility to perform successfully under the terms of the contract. Such determination of responsibility may encompass management, technical, legal, financial matters and cyber security preparedness. Proposers deemed to be not responsible to cyber security risk factors will be notified and may be given an opportunity to remediate.

4. Checking References

UTA reserves the right to contact any reference specifically named by the Proposer in its Proposal or any other additional references as deemed appropriate by UTA, including references suggested by the Proposer's named references or references known to UTA through its own knowledge of the transportation industry.

5. Requests for Clarification

The Proposer shall provide accurate and complete information to UTA. If information is incomplete, contains a clerical error, or is otherwise unclear, UTA may either (i) declare the Proposal non-responsive,

(ii) evaluate the Proposal as submitted, or (iii) issue a Request for Clarifications to the Proposer stating the information needed and a date and time by which the information must be provided. If the Proposer does not respond to the Request for Clarifications in a timely manner, or if the Proposer’s response is deemed to be insufficient by UTA, in its sole discretion, then UTA may declare the Proposal non-responsive.

All requests for Clarification will be in writing via Bonfire Q&A page, with responses submitted according to the instructions contained in the request for Clarification. Responses must be limited to answering the specific information requested by UTA.

6. Presentations / Interviews / Problem-Solving Exercises

UTA may utilize presentations, interviews, and/or problem-solving exercises during this procurement if, at the sole discretion of UTA, it is considered to be in UTA's best interest. If UTA determines that presentations and/or interviews and/or problem-solving exercises are in its best interest, UTA will notify all or a short-list of the most highly qualified Proposers of the decision to utilize presentations and/or interviews and/or problem-solving exercises and schedule the presentations and/or interviews and/or problem-solving exercises in such a way as to not unduly delay the procurement process.

UTA reserves the right, in its sole discretion, to conduct multiple rounds of presentations and/or interviews and/or problem-solving exercises, if it deems necessary to do so, with one or more Proposers.

7. Competitive Range

Under specific circumstances described in the Utah Procurement Code, UTA may declare a Competitive Range that includes only those Proposers with a reasonable chance of being selected. UTA will declare a Competitive Range, if it chooses to do so, after a thorough analysis of the Proposals.

8. Discussions

UTA may, at its sole discretion, conduct written and/or verbal discussions with any of the Proposers in the Competitive Range regarding the content of their Proposal. If discussions are held, they will be held with all Proposers in the Competitive Range.

9. Best and Final Offers

UTA may request Best and Final Offers from responsible offerors:

(a) Only with the approval of the Chief Procurement Officer; and

(b) Only if:

(i) No single proposal adequately addresses all the specifications stated in the RFP;

(ii) All proposals are unclear or deficient in one or more respects;

(iii) All cost proposals exceed the identified budget

Although UTA reserves the right to issue a request for Proposal revisions (including Best and Final

Offers), UTA is under no obligation to do so. UTA may make its selection and award based on the initial

Proposals submitted.

If UTA requests Proposal revisions and/or BAFOs, Proposers in the Competitive Range may be informed of and requested and/or allowed to revise their Proposals, including correction of any weaknesses, minor irregularities, errors, and/or deficiencies identified to the Proposers by UTA following initial evaluation of the Proposals. The request for Proposal revisions and/or BAFOs will allow adequate time for the

Proposers to revise their Proposals. Upon receipt of the Proposal revisions and/or BAFOs, the evaluation process will be repeated. The process will consider the revised information and re-evaluate and revise ratings as appropriate. Although this RFP allows for Proposal revisions and/or BAFOs, all efforts will be made to make a selection based on initial Proposals. If Discussions are held, UTA will attempt to limit the selection process to a single BAFO following Discussions. If a Proposal revision and/or BAFO is requested of a Proposer, and that Proposer opts to not submit a Proposal revision and/or BAFO that Proposer's original Proposal or most recent Proposal revision, as appropriate, will be treated as its BAFO.

10. Best Value Determination

This is a Best Value procurement, in which selection of a Proposer is based on a combination of price and qualitative components, as set forth on the RFP Cover Sheet. Accordingly, UTA may not select the Proposal with the lowest price, or the Proposal with the highest qualitative/ technical rating. UTA will select the responsible Proposer whose Proposal is deemed to be the most advantageous to UTA.

11. Negotiations

After selection, but prior to award of the Contract, UTA may, at its sole discretion, either conduct negotiations with the successful Proposer or UTA may choose not to conduct negotiations with the successful Proposer and award the Contract to the successful Proposer based on its written Proposal and any additional information received during Discussions and Proposal revisions and/or BAFOs, if conducted.

If UTA and the selected Proposer are unable to reach an agreement on the scope, contractual terms, and/or price of the Contract, then UTA may, in its sole discretion, negotiate with the next most advantageous Proposer or choose to terminate the procurement in its entirety.

Once negotiations have been terminated with any Proposer, the negotiations may not be reopened with that Proposer under any circumstances.

If UTA receives only one responsive Proposal, UTA reserves the right to negotiate all elements of the Proposal and the Contract with the sole responsive Proposer, including, but not limited to, profit.

12. Notice to Unsuccessful Proposers

Following execution of the Contract between UTA and the successful Proposer, UTA will inform unsuccessful Proposers of the number of Proposals received and the name of the successful Proposer.

UTA will attempt to provide this notice promptly after the Contract is executed. However, UTA’s failure to give this notice will not be deemed to affect the validity of the Contract.

13. Debriefs

Upon request from an unsuccessful Proposer, UTA may, but is not required to, provide debriefing information for the sole purpose of discussing, in a limited manner, the strengths and weaknesses of the unsuccessful Proposal.

14. Protests

Protests are governed by the Utah Procurement Code, Utah Code Ann. § 63G-6a-1601 et seq. To be valid, a protest must be in writing and be filed with UTA within the timeframes set forth in Utah Code Ann. § 63G-6a-1602. A protest will be deemed to be filed pursuant to these procedures when actually received by the designated recipient via email to protests@rideuta.com.

All protests must include:

• The name, address, and email address of the protester;

mailto:protests@rideuta.com

• The appropriate contact person for the protester, to whom all protest correspondence shall be addressed;

• The solicitation or project number; and

• A detailed statement outlining the nature of the protest including, without limitation: (i) the alleged facts and evidence giving rise to the protestor to claim that it has been aggrieved; (ii) the protestor’s standing to protest; and (iii) the legal grounds upon which the protest is based.

The Procurement Officer shall make a written determination regarding the protest. An unfavorable determination by the UTA Procurement Officer is eligible for administrative reconsideration by a panel determined by the Chair of the UTA Board of Trustees. A notice of appeal must be delivered by the Protestor within five (5) calendar days of the date of the Procurement Officer’s decision. A notice of appeal addressed as follows:

Chair, UTA Board of Trustees c/o Utah Transit Authority 669 West 200 South Salt Lake City, Utah 84101 Attn: Board Coordinator

CONTAINS TIME-SENSITIVE PROTEST MATERIALS

Any further appeal may only be made pursuant to Utah Code Ann. § 63G-6a-1801 et seq. A protesting entity must exhaust administrative appeals prior to filing a judicial appeal pursuant to Utah Code Ann. § 63G-6a-1801 et seq.

Part 4 – CONSTRUCTION SERVICES AGREEMENT

Sample Agreement Only

Contract #25-04031VW

Mt. Ogden Administration Building Construction

This Construction Services Agreement is entered into and made effective as of the date of last signature below (the “Effective Date”) by and between UTAH TRANSIT AUTHORITY, a public transit district organized under the laws of the State of Utah (“UTA”), and _____________ (“Contractor”).

RECITALS

A. UTA desires to hire The Contractor for ________________per the Specifications and Bid Schedule included in the Request for Proposal (RFP).

B. On_______,UTA issued Request for Proposal Package Number ________(RFP) encouraging interested parties to submit proposals to perform the services described in the RFP.

C. Upon evaluation of the responsive proposals submitted in response to the RFP, UTA selected

Contractor as the preferred entity to negotiate a contract to perform the Work.

D. Contractor is qualified and willing to perform the Work as set forth in the Scope of Services.

AGREEMENT

NOW, THEREFORE, in accordance with the foregoing Recitals, which are incorporated herein by reference, and for and in consideration of the mutual covenants and agreements hereafter set forth, the mutual benefits to the parties to be derived here from, and for other valuable consideration, the receipt and sufficiency of which the parties acknowledge, it is hereby agreed as follows:

1. SERVICES TO BE PROVIDED

a. Contractor shall perform all Work as set forth in the Scope of Services (Exhibit A). Except for items (if any) which this Contract specifically states will be UTA-provided, Contractor shall furnish all the labor, material and incidentals necessary for the Work.

b. Contractor shall perform all Work under this Contract in a professional manner, using at least that standard of care, skill and judgment which can reasonably be expected from similarly situated professionals.

c. All Work shall conform to generally accepted standards in the transit industry. Contractor shall perform all Work in compliance with applicable laws, regulations, rules, ordinances, permit constraints and other legal requirements including, without limitation, those related to safety and environmental protection.

d. Contractor shall furnish only qualified personnel and materials necessary for the performance of the Work.

e. When performing Work on UTA property, Contractor shall comply with all UTA work site rules including, without limitation, those related to safety and environmental protection.

2. MANAGEMENT OF WORK

a. Contractor’s Project Manager will be the day-to-day contact person for Contractor and will be responsible for all Work, as well as the coordination of such Work with UTA.

b. UTA’s Project Manager will be the day-to-day contact person for UTA, and shall act as the liaison between UTA and Contractor with respect to the Work. UTA's Project Manager shall also coordinate any design reviews, approvals or other direction required from UTA with respect to the Work.

3. PROGRESS OF WORK

a. Contractor shall prosecute the Work diligently and continuously and in accordance with all applicable notice to proceed, critical path schedule and guaranteed completion date requirements set forth in (or developed and agreed by the parties in accordance with) the Scope of Services.

b. Contractor shall conduct regular meetings to update UTA's Project Manager regarding the progress of the Work including, but not limited to, any unusual conditions or critical path schedule items that could affect or delay the Work. Such meetings shall be held at intervals mutually agreed to between the parties.

c. Contractor shall deliver monthly progress reports and provide all Contract submittals and other deliverables as specified in the Scope of Services.

d. Any drawing or other submittal reviews to be performed by UTA in accordance with the Scope of Services are for the sole benefit of UTA and shall not relieve Contractor of its responsibility to comply with the Contract requirements.

e. UTA will have the right to inspect, monitor and review any Work performed by Contractor hereunder as deemed necessary by UTA to verify that such Work conforms to the Contract requirements. Any such inspection, monitoring and review performed by UTA is for the sole benefit of UTA, and shall not relieve the Contractor of its responsibility to comply with the Contract requirements.

f. UTA shall have the right to reject Work which fails to conform to the requirements of this Contract.

Upon receipt of notice of rejection from UTA, Contractor shall (at its sole expense and without entitlement to equitable schedule relief) promptly re-perform, replace or re-execute the Work so as to conform to the Contract requirements.

g. If Contractor fails to promptly remedy rejected Work as provided in Section 3.6, UTA may (without limiting or waiving any rights or remedies it may have) perform necessary corrective action using other contractors or UTA’s own forces. Any costs reasonably incurred by UTA in such corrective action shall be chargeable to the Contractor.

4. PERIOD OF PERFORMANCE

This Contract shall commence as of the Effective Date. This Contract shall remain in full force and effect until all

Work is completed in accordance with this Contract, as reasonably determined by UTA. Contractor shall complete all Work no later than ____________. This guaranteed completion date may be extended if Contractor and UTA mutually agree to an extension evidenced by a written Change Order. The rights and obligations of UTA and

Contractor under this Contract shall always be subject to and conditioned upon the provisions of this Contract.

5. COMPENSATION

a. For the performance of the Work, UTA shall pay the Contractor in accordance with the payment provisions described in Exhibit B. Payments shall be made in accordance with the milestones, progress billing, monthly billing, or other payment provisions detailed in Exhibit B. If Exhibit B does not specify any milestones or other payment provisions, then payment shall be made upon completion of all Work and final acceptance thereof by UTA.

b. To the extent that Exhibit B or another provision of this Contract calls for any portion of the consideration to be paid on a cost-reimbursement basis, such costs shall only be reimbursable to the extent allowed under 2 CFR Part 200 Subpart E. Compliance with federal cost principles shall apply regardless of funding source for this Contract.

c. To the extent that Exhibit B or another provision of this Contract calls for any portion of the consideration to be paid on a time and materials or labor hour basis, then Contractor must refer to the not-to-exceed amount, maximum Contract amount, Contract budget amount or similar designation (any of these generically referred to as the “Not to Exceed Amount”) specified in Exhibit B (as applicable). Unless and until UTA has notified Contractor by written instrument designated or indicated to be a Change Order that the Not to Exceed Amount has been increased (which notice shall specify a revised Not to Exceed Amount): (i) Contractor shall not be obligated to perform services or incur costs which would cause its total compensation under this Contract to exceed the Not to Exceed Amount; and (ii) UTA shall not be obligated to make payments which would cause the total compensation paid to Contractor to exceed the Not to Exceed Amount.

d. UTA may withhold and/or offset from payment any amounts reasonably reflecting: (i) items of Work that have been rejected by UTA in accordance with this Contract; (ii) invoiced items that are not payable under this Contract; or (iii) amounts Contractor owes to UTA under this Contract.

6. INCORPORATED DOCUMENTS

a. The following documents hereinafter listed in chronological order, with most recent document taking precedence over any conflicting provisions contained in prior documents (where applicable), are hereby incorporated into the Contract by reference and made a part hereof:

1. The terms and conditions of this Construction Services Agreement

2. Addendum 1 Supplemental Terms and Conditions for Construction Services.

(including any exhibits and attachments hereto).

3. Contractor's Proposal including, without limitation, all federal certifications (as applicable);

4. UTA's RFP including, without limitation, all attached or incorporated terms, conditions, federal clauses (as applicable), drawings, plans, specifications and standards and other descriptions of the Construction Services;

b. The above-referenced documents are made as fully a part of the Contract as if hereto

7. ORDER OF PRECEDENCE

The Order of Precedence for this contract is as follows:

1. UTA Contract including all terms and conditions, exhibits, and attachments

2. Addendum 1 Supplemental Terms and Conditions for Construction Services

3. UTA Solicitation Terms(RFP or IFB)

4. Contractor’s Bid or Proposal including proposed terms or conditions

Any contractor proposed term or condition which conflicts with a UTA contract or solicitation term or condition will be deemed null and void.

8. INVOICING PROCEDURES

a. Contractor shall invoice UTA after achievement of contractual milestones or delivery of all Goods and satisfactory performance of all Services or in accordance with an approved progress or periodic billing schedule. Contractor shall submit invoices to ap@rideuta.com for processing and payment. In order to timely process invoices, Contractor shall include the following information on each invoice:

1) Contractor Name

2) UTA Account Code

3) Unique Invoice Number

4) UTA PO Number

5) Invoice Date

6) Detailed Description of Charges

7) Total Dollar Amount Due

b. UTA reserves the right to change or update Account Codes as it deems necessary based on funding sources. Contractor must cite the most recently provided Account Code in each invoice in order to receive payment.

c. UTA shall have the right to disapprove (and withhold from payment) specific line items of each invoice to address non-conforming Software or Services. Approval by UTA shall not be unreasonably withheld. UTA shall also have the right to offset (against payments) amounts reasonably reflecting the value of any claim which UTA has against Contractor under the Contract.

Payment for all invoice amounts not specifically disapproved or offset by UTA shall be provided to Contractor within thirty (30) calendar days of invoice submittal to ap@rideuta.com . Invoices not submitted electronically will shall be paid thirty (30) calendar days from date of receipt by UTA’s accounting department.

9. OWNERSHIP OF DESIGNS, DRAWINGS, AND WORK PRODUCT

Any deliverables prepared or developed pursuant to the Contract including without limitation drawings, specifications, manuals, calculations, maps, sketches, designs, tracings, notes, reports, data, computer programs, models and samples, shall become the property of UTA when prepared, and, together with any documents or information furnished to Contractor and its employees or agents by UTA hereunder, shall be delivered to UTA upon request, and, in any event, upon termination or final acceptance of the Goods and

Services. UTA shall have full rights and privileges to use and reproduce said items. To the extent that any mailto:ap@rideuta.com deliverables include or incorporate preexisting intellectual property of Contractor, Contractor hereby grants

UTA a fully paid, perpetual license to use such intellectual property for UTA’s operation, maintenance, modification, improvement and replacement of UTA’s assets. The scope of the license shall be to the fullest extent necessary to accomplish those purposes, including the right to share the same with UTA’s contractors, agents,…