7-26-04041dm RFQu MTOA.pdf

REQUEST FOR QUALIFICATIONS

Cover Sheet

General Information Project Name Electrical Systems Remediation Project Description The purpose of this Request for Qualifications

(RFQu) is to procure a qualified team to assess, design, and implement improvements to the electrical distribution systems at multiple operations and maintenance facilities.

Project Start Date July 1, 2026 Contract Type Master Task Ordering Agreement with fixed labor rates

UTA Project Manager Matthew Duncan Funding Source Local / Federal DBE Participation Goal 0%

Procurement Process Information RFQU No. 26-04041DM Contract Administrator Daniel Merritt

669 West 200 South Salt Lake City, Utah 84101

(801) 287-3399 dmerritt@rideuta.com

Evaluation Criteria:

Evaluation Selection Weighting: 100 Points

Team and Key Personnel Qualifications including an Organization Chart (20 Points)

Project Understanding and Approach to the Work

(25 Points) Past Experience and Quality of Similar Work

(35 Points) Risk Evaluation and Mitigation Matrix (20 Points)

RFQU Schedule:

A) Issue Request for Qualifications 19 May 2026, 1:00 pm MST

B) Deadline to submit questions to UTA. 5 June 2026, 1:00 pm MST

C) Last day for UTA to issue addenda and clarifications 5 June 2026, 1:00 pm MST

D) Deadline to submit Statement of Qualifications 12 June 2026, 2:00 pm

E) Presentations/Interviews (optional) TDB if needed

Included as part of this RFQu Part 1 – Project Information Part 2 – Procurement Process Information Part 3 – Procurement Terms and Conditions Part 4 – Sample Contract Part 5 – Standard Forms and Declarations

Exhibit A –Master Statement of Work Exhibit B – Pricing

Appendix– Clauses and Certifications Appendix I – Federal Clauses Appendix II – Federal Forms and Certifications Appendix III – Davis Bacon Wage Determination Appendix IV – UTA Quality Management Plan Appendix V – UTA Design Quality Procedures Appendix VI – UTA Construction Safety and Security Manual Appendix VII - Summary table of representative relevant deficiencies as documented in UTA Facilities Master Plan - Condition Assessment

Flash Drive with Building Plans – Must be picked up at FLHQ front desk by Deadline to submit Statement of

Qualifications listed in RFQu.

RFQU Contents Page Limit

*Cover Letter, section dividers, quality control plan, corporate safety plans, full page resumes, required Federal and UTA forms and other documents expressly stated herein do not count toward page limit.

10 Pages 2 pages of the 10 may be 11” x 17”

Submittal Instructions

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

Attachments and Forms Required Forms To be considered responsive, SOQs must include those additional forms, declarations, and certifications listed below:

Attachments Signed Proposal Forms and Declarations Bid Forms Bid Bond(s) 5%

Performance Bond(s) equal to 100% of the estimated cost of construction tasks performed within the contract shall be provided prior to formal contract execution.

A Respondent or potential Respondent shall not have any communications with any of the Project Team members concerning the Program or this RFQU after it is released, except for the submission of questions and requests for clarification in the manner provided in this RFQU through the UTA Contract Administrator.

Part 1 – Project Information

A. GENERAL OVERVIEW

The purpose of this Request for Qualifications (RFQ) is to establish a Master Service Agreement with a qualified team to provide assessment, design, and implementation services for improvements to the electrical distribution systems at multiple operations and maintenance facilities. Under this Master Task Ordering Agreement, UTA will issue individual Task Orders to execute specific work scopes as identified and prioritized.

The selected firm will enter into a Master Task Ordering Agreement (MTOA) that establishes all terms, conditions, pricing, and service delivery requirements. This agreement will serve as the governing contract for all subsequent Task Orders (TOs) issued by UTA.

UTA is open to considering proposals from partnerships, joint ventures, or other business combinations, provided UTA contracts with a single entity for administration, oversight, and payment purposes

B. PROJECT GOALS

The project goal is to ensure safe, reliable, code-compliant electrical distribution systems that support ongoing operational needs and accommodate facility growth at several key facilities across the Wasatch Front. Projects shall be located at several UTA facilities in Weber, Salt Lake and Utah counties.

C. SCHEDULE, AND PHASING

The selected proposer and UTA representatives will determine a phasing plan and schedule for delivery that achieves the project goals. Phasing may be determined through impacts to safety and performance of facilities, identified deficiencies or capacity limitations, engineering recommendations, efficiencies in procurement, trade mobilization, or other goals determined by UTA in collaboration with the selected respondent

D. PROJECT DESCRIPTION

UTA will issue Task Orders to the selected contractor to execute phased work. The contractor shall submit to UTA a Proposed TO which shall include a detailed scope of work. Scopes of Work may consist of assessment and evaluation of systems, design and preconstruction services, construction and materials and equipment to be procured, installed, tested, and commissioned, or a combination of these tasks. Proposed TOs must include a schedule for completion and a detailed estimation of effort required (in hours) for services provided. (Hourly rates will be negotiated after subsequent submission of the pricing proposal by proposer providing the most highly rated SOQ).

Following approval of proposed Task Order(s), the selected contractor shall execute the scope under the terms and conditions established in the Master Task Ordering Agreement.

E. SCOPE OF WORK

The scope of work shall include, but not be limited to, the following tasks:

1. Assessment and Evaluation

Conduct site visits to each identified facility to document existing electrical distribution equipment, configurations, and conditions.

Review existing electrical drawings, one-line diagrams, and load data (where available).

Evaluate service size, system capacity, condition, code compliance, and reliability including UTA’s current understanding of future demand expectations.

Refer to UTA Facility Condition Assessment reports for each facility, including prioritized recommendations for replacement, upgrade, or repair.

Identify deficiencies, safety issues, and opportunities for system optimization or consolidation.

Develop a design proposal that addresses electrical system deficiencies defined in the field and/or in existing deficiency reports

Develop a rebate and incentives strategy which includes guidance to maximize the potential outcomes for owner and clearly describes necessary documentation needs and risks associated with rebates and incentives

2. Design and Engineering

Develop preliminary and final design documents for approved electrical distribution improvements, including load calculations, single-line diagrams, and equipment schedules.

Provide stamped engineering drawings and specifications prepared by licensed professional engineers in the appropriate disciplines.

Incorporate current codes, standards, and owner requirements, including energy efficiency and resilience considerations.

Coordinate design with other building systems, as required, to ensure compatibility and minimize disruption to continuous operations.

3. Procurement and Construction

Furnish and install all approved replacement or new electrical distribution equipment, including but not limited to transformers, switchgear, distribution panels, motor control panels, panelboards, feeders, uninterruptible power supply equipment, lighting including emergency lighting, and related components.

Provide all necessary construction, wiring, terminations, and testing for a complete and operational system.

Coordinate equipment shutdowns and system cutovers with the Owner to minimize service interruptions.

Ensure all installation work complies with applicable electrical codes, standards, and safety requirements.

4. Commissioning and Documentation

Perform system testing, startup, and commissioning to verify proper operation.

Provide updated as-built drawings, load data, and electrical maintenance plan (EMP) for all new or modified equipment in compliance with NFPA 70B requirements

Ensure all new or modified equipment is documented and labeled to meet the PPE, training and other safety standards as required by NFPA 70E

Deliver a final report summarizing the work performed, test results, and any recommendations for ongoing maintenance or future upgrades.

5. Deliverables

• Recommended improvements for each facility

• Preliminary and final design drawings and specifications

• Cost estimates for proposed improvements

• Installation and construction documentation

• As-built drawings and O&M manuals

• Final commissioning and test reports

6. General Requirements

The selected contractor shall provide all necessary labor, materials, equipment, and supervision to complete the scope of work.

All design and construction work must comply with applicable local, state, and federal codes, as well as NFPA 70 (NEC) and the Owner’s standards.

The selected contractor shall provide a detailed project schedule identifying milestones for assessment, design approval, procurement, construction, and closeout.

The selected contractor shall maintain communication and coordination with the Owner throughout all phases of the project.

It is intended that the selected proposer in response to this RFQU will expand on the general scope of work outlined herein by providing a more detailed scope of work and approach to the initial Projects including a detailed list of activities, deliverables, and a schedule to accomplish the initial Projects outlined herein. The selected proposer will assist UTA in developing the scope, schedule, and budget for each of the initial Projects outlined herein and by the contractor in their proposed scope of services included in their proposal to this RFQU.

Part 2 - Procurement Process Information

Statement Of Qualifications (SOQ) FORMAT

SOQs must adhere to the following format:

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

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

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

• The SOQ must not exceed the Page Limit shown on the RFQU Cover Sheet. The Proposer shall not submit brochures or additional materials. At its discretion, UTA will not consider such additional materials in the selection of the successful Proposer.

• Maximum file upload size in Euna is 50mb

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

The SOQ information must be divided as follows:

• Cover Letter

• Section 1: Team and Key Personnel Qualifications

• Section 2: Project Understanding and Approach to the Work

• Section 3: Experience and Quality of Similar Work

• Section 4: Risk Evaluation & Mitigation Matrix

• Section 5: Attachments & Forms

Headers separating the sections, the cover letter, resumes, the Respondent’s general Quality Control and safety plans, federal attachments, UTA forms and the example contract objections sheet will not count as pages in the RFQU page count. Failure to follow the format described above may result in the SOQ being deemed non-responsive.

SOQ CONTENT

The SOQ should consist of the following sections which clearly identify, in the order listed below, the following information.

Cover Letter

Identify the Respondent's point of contact name, address, telephone, and e-mail address. The Cover Letter must be signed by a principal of the Firm or other person authorized to commit the Firm and its resources to this project.

Section 1: Team and Key Personnel Qualifications including an Organization Chart (20 Points)

In the SOQ, the Respondent shall provide an organizational chart showing its proposed team members, including any proposed subconsultants, and their duties and responsibilities for the Project. The Respondent shall also describe the experience for each Key Personnel identified in this Section. Respondents may provide descriptions of other staff identified in the Respondent’s organizational chart, as Respondent deems proper, to highlight the capabilities of critical staff members and their proposed role in the Project and may include their resumes if relevant. At a minimum, the Key Personnel listed below must be proposed by each Respondent. Deletions from these Key Personnel will not be considered by UTA and may cause a SOQ to be deemed non-responsive.

Identify the following Key Personnel:

1. Program Manager

2. Lead Engineer 3a. Construction Manager and/or 3b. Project Engineer 4.Project Superintendent

In Section 1 of the SOQ, for each of the Key Personnel, describe his or her experience with projects similar to the work in these Projects. Additionally, provide any unique/relevant qualifications that may set this team's members apart from other Respondents. In addition, provide references for each proposed Key Personnel. References must have been directly involved in work performed by the Key Personnel in the five years preceding the date on which this RFQU is issued.

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

In the qualifications specified below, the word "must" indicate a required minimum qualification. The words "should or shall" indicates UTA's preferred qualification, but such qualification is not a mandatory requirement. It is the responsibility of the Respondent to propose a team that it believes will meet the stated objectives of UTA. UTA understands that one of the major factors for success of a project is that the team is experienced in the work that it is performing. As such, UTA has stated the qualifications of each Key Personnel to provide the Respondent with the criteria that UTA will use to evaluate the team of Key Personnel proposed.

Key Personnel:

A) Program Manager

The Project Manager/Construction Manager (PM/CM) must have a minimum of ten years of experience in design and construction and should have five years of experience in management of design and construction with an emphasis on projects that included work of a similar scope, nature, and complexity in these Projects. The PM/CM must have experience managing comparable projects and familiarity with local and city standards. The PM/CM should have experience working with federal/local governments on similar types of projects, or comparable experience on projects that consisted of multiple components.

B) Lead Structural, Mechanical, Electrical, and other disciplines

The Lead Structural, Mechanical, Electrical, and other discipline Engineers must have a minimum of seven years’ experience in the design of similar facilities. The Lead Structural, Mechanical, Electrical, and other discipline Engineers should possess knowledge of relevant building codes and design standards and specifications. They must have demonstrated experience successfully designing and delivering plans, specifications & estimates packages for comparable projects and facilities. They must have a Professional Engineer license issued by the State of Utah.

A) Organizational Chart

The organizational chart provided in response to this section shall count as a page for purposes of the page limit stated in the RFQU Cover Sheet. Narratives of Key Personnel experience and other team members shall also count as pages for purposes of the page limit. Additionally, identify any other subconsultants that the Respondent is committed to using on these Projects.

The Respondent must seek and receive permission from UTA before removing or substituting any of the above Key Personnel from these Projects prior to completion and must propose a substitute person meeting the above qualifications in connection with such request.

Section 2: Project Understanding and Approach to the Work (25 Points)

The Respondent shall describe its approach to completing the work. The Respondent is encouraged to describe its approach to technical and procedural elements it perceives to be significant to the success of the Project. The Respondent shall include the following:

A) Approach to Work

Describe the detailed approach to completing the assessment/evaluation, design, bidding, and construction phase services scope of work for these Projects. Respondents shall also include a proposed bar-scale schedule of the proposed task activities for the relevant A/E programming, design, bidding, and construction phases for each initial project. As part of the approach, Respondents shall make recommendations on the Initial Projects on the level of A/E design needed for each Project. The Scope of Services set forth in Part 1 of this RFQU is provided to give Respondents an understanding of the anticipated services that may be needed. Describe your approach to completing what your team determines are the most critical and challenging items listed to ensure the success of each Project as well as your approach to schedule and budget control. Describe the approach to applying innovative design solutions to challenging A/E or construction problems and the approach to analyzing and resolving any foreseen risks. Additionally, Respondents must describe their intended approach to controlling costs to ensure that each Project does not exceed its budget from the available funds.

B) Quality Control Approach in A/E Services

In addition to providing a copy of its general corporate Quality Control Plan (which shall not count toward the page limit on the RFQU Cover Sheet and should be included at the end of Section 4), the Respondent shall provide a narrative of its QC approach to a similar Project and shall illustrate and describe the proposed QC organization. The Respondent shall show and describe how QC functions and organization are independent of production managers. The Respondent shall describe the QC reviews planned. The Respondent shall describe methods of corrective action and recovery techniques used to institutionally correct an issue or problem once issues or problems are identified. The QC plan should demonstrate the Respondent's familiarity with and commitment to adhere to UTA's Design & Construction Quality Manual (included in Part 4, Appendix I of this RFQU).

Section 3: Experience and Quality of Similar Work (35 Points)

In the SOQ, discuss past project work highlighting similar experience, expertise, and level of involvement on projects.

Provide any unique project experience that may set this team apart from other Respondents. Respondents should identify how their experience, and lessons learned on prior similar projects will facilitate successful completion of these Projects.

Describe past projects highlighting experience in the five years preceding the date on which this RFQU is issued that are relevant to the Project. Include information on project management methods used to meet project goals that are similar to those required for this Project, including projects where the budget and schedule were met and/or expectations were exceeded. Describe, to the extent possible, those projects having a scope comparable, or reasonably comparable, to that anticipated for these Projects.

In addition to a description in the SOQ, provide named owner references for the projects identified. References must have been directly involved, as a representative of the owner, in the project work performed by the Respondent. UTA reserves the right to contact the reference specifically named by the Respondent or any other additional reference deemed appropriate by UTA, including references suggested by the Respondent's named references or references known to UTA though its own knowledge of the industry.

Further, the Respondent shall provide information outlining any fines, claims, dispute proceedings, litigation, and arbitration proceedings with an amount in controversy in excess of $100,000. The Respondent shall additionally identify any fines assessed by OSHA, EPA, or a state agency with jurisdiction over workplace safety or environmental quality.

Additionally, the Respondent must include information concerning any contract over $100,000 that resulted in the assessment of penalties such as stipulated damages or liquidated damages against the Respondent or any identified subconsultants over the past five years, where the assessment was settled, damages were finalized, or a judgment was entered. Further, the Respondent shall describe any conditions surrounding any contract entered into by the Respondent or any identified subconsultant over the past five years that has been terminated for cause or default or which required performance by another party. In addition, the Respondent must indicate any disciplinary action taken against the Respondent or any identified subconsultants within the past five years by any governmental agency or licensing board.

For purposes of responding to and providing this and other required information, if the Respondent is a newly formed entity for purposes of submitting this SOQ and performing work on this Project, the Respondent shall provide all required information for each of the constituent individuals or entities comprising the Respondent.

Section 4: Risk Evaluation and Mitigation Matrix (20 Points)

The Respondent shall provide information regarding its perception of the critical issues and risks affecting each Initial Project design and construction. For each project, identify the risks, challenges, conflicts, impacts and critical issues and what the strategies are to mitigate the critical issues and risks. It is important to list risks based upon past similar project experience and how the Respondent addressed and solved those risks.

The respondent is encouraged to identify and evaluate any risks that may impact the execution of the project and the safety of those working in and around the project, however, respondents must address the following risks specifically:

A) Maintaining continuity of operations in UTA facilities

B) Working in and around active operations and maintenance facilities (vehicle movements, rail protection, staging of work)

C) Long-lead time elements

Respondents should develop a matrix of risks and the steps that will be taken to minimize or mitigate them. Respondents are encouraged to describe successes achieved in spite of these (or similar) risks in previous work.

C. WEIGHTING OF EVALUATION CRITERIA

SOQ will be evaluated based on responses to the information requested herein. UTA 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 SOQ.

This is a best value procurement wherein the award will be made to the responsive and responsible respondent(s) whose SOQ is determined to be the most advantageous to UTA. In the evaluation, the factors shall be weighted as follows:

• Section 1: Team and Key Personnel Qualifications

• Section 2: Project Understanding and Approach to the Work

• Section 3: Experience and Quality of Similar Work

• Section 4: Risk Evaluation & Mitigation Matrix

Part 3 – Standard Terms of Solicitation

A. INSTRUCTIONS TO PROPOSERS

1. Submission of SOQs.

SOQs must be uploaded to Euna by the “Bid ends” date and time listed on Euna. SOQs uploaded after the deadline will be considered non-responsive. It is the responsibility of the Proposer to ensure that its SOQ is properly uploaded by the deadline.

Log onto Euna at https://solutions.Euna.com/apps/Router/SupplierLogin?CustOrg=StateOfUtah; if you have already registered, login and search by Utah Transit Authority or the RFQU number.

If you need to create an account, please select “Create Account” and then you can search UTA, or the RFQU number identified on the Cover Page. If you need assistance, please email the Utah Supplier Portal Support at Eunaadmin@utah.gov. Instructions to proposers are included in the RFQU documents.

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

2. Federal Requirements.

If federal funds are being used to finance this project, the Consultant shall also comply with the additional applicable federal terms and conditions listed in Appendix C-1 and submit all applicable certifications, forms and reports listed in Appendix C-2.

a. UTA eComply Solutions. In addition, where federal funds are being used, the Bidder/Proposer shall submit required labor and subconsultant information to UTA through following portal:

https://uta.ecomply.us. The information provided shall include the following:

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

• Description of payments received from UTA, and payments made to subconsultants 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 Consultant’s accounting system.

• All subcontract award amounts, date 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 Consultant shall include this clause in all subcontracts and manage and monitor compliance of all subconsultants within the UTA eComply system.

3. Minimum Standards.

https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=StateOfUtah mailto:sciquestadmin@utah.gov https://uta.ecomply.us/

This RFQU sets forth the minimum requirements that all SOQs must meet. Failure to submit SOQs in accordance with this RFQU may render the SOQ unacceptable or non-responsive. UTA may, in its sole discretion, waive minor irregularities in a SOQ 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 execution of the Contract with the successful Proposer.

Procurement information includes the SOQs submitted by Proposers in response to this RFQU and any accompanying documentation, as well as 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 SOQ 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 SOQ evaluation, UTA requests that each Proposer also follow the steps identified below:

a) Clearly mark all trade secret information as such in its SOQ at the time the SOQ 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 SOQ justifying the Proposer’s determination that certain records are trade secret information for each record so defined;

c) In addition to the SOQ uploaded to Euna, upload a second copy of the SOQ (as an attachment) that has all the trade secret information deleted, and label such copy of the SOQ “Public Copy.” If a Proposer uploads a SOQ containing no trade secret information, no "Public Copy" need be submitted. However, any Proposer that submits a SOQ containing no trade secret information must so certify in a cover letter to its SOQ; 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 SOQ, 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 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 RFQU must be submitted via the Euna Q&A page before the end of the Question-and-Answer period. UTA’s answers to timely questions will be posted on the Euna Q&A page. All communications regarding this RFQU should be addressed solely to the Contract Administrator whose name and contact information is listed on the Cover Page of the RFQU or IFB

6. Addenda to the Request for SOQs

UTA reserves the right to make changes to the RFQU, by issuing a written addendum to the RFQU which will be posted to Euna.

7. Withdrawal of SOQs

A Proposer may withdraw its SOQ from Euna before the SOQ due date without prejudice to itself.

8. Cost of SOQs

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

9. Examination of Request for SOQs

The submission of a SOQ constitutes an acknowledgment upon which UTA may rely that the Proposer: (i) has thoroughly examined and is familiar with the RFQU, including the contractual terms in Part 4, (ii) is familiar with any work site identified in the RFQU, 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 SOQ or to any contract awarded pursuant to this RFQU. No reduction or modification in the Proposer’s obligations will be allowed based upon a lack of knowledge or misunderstanding of this RFQU, work sites, statutes, regulations, ordinances, or resolutions.

10. Negotiation of Firm Offer

Unless otherwise stated in this RFQU, submission of a SOQ constitutes a willingness to negotiate a fair and reasonable price for the services described in the RFQU.

B. SELECTION PROCESS

1. No Public Opening

This is an RFQU and, as such, the SOQs submitted in response to this RFQU 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 SOQs, for further price negotiations. ;

• ask for more information or Clarifications before making a selection;

• use Presentations/Interviews/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 RFQU is discovered during the evaluation process, UTA may issue an addendum to all Proposers that have submitted SOQs requesting revised SOQs based upon the corrected RFQU.

• decline to accept any SOQ;

• 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, and financial matters

4. Checking References

UTA reserves the right to contact any reference specifically named by the Proposer in its SOQ 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, appears to include a clerical error, or is otherwise unclear, UTA may either (i) declare the SOQ non-responsive, (ii) evaluate the SOQ 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 SOQ non-responsive.

All requests for Clarification will be in writing via Euna Q&A page, responses submitted as per 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. Price Negotiations

After selection but prior to award of the Contract, UTA will negotiate a fair and reasonable price with the successful Offeror.

If UTA and the selected Proposer are unable to reach a meeting of the minds 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 SOQ, UTA reserves the right to negotiate all elements of the SOQ and the Contract with the sole responsive Proposer, including, but not limited to, profit.

8. Notice to Unsuccessful Proposers

Following execution of the Contract between UTA and the successful Proposer, UTA will inform unsuccessful Proposers of the number of SOQs received by UTA and the name of the successful Proposer. UTA will attempt to give this notice promptly after the Contract execution. However, UTA’s failure to give this notice will not be deemed to affect the validity of the Contract.

9. Debriefs

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

10. 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 time frames 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 by delivery via email to protests@rideuta.com.

All protests must include:

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

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

• The solicitation or project number; and

• A detailed statement as to 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 of the UTA Procurement Officer is eligible for administrative reconsideration by a panel determined by the Executive Director. 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:

Executive Director c/o Utah Transit Authority 669 West 200 South Salt Lake City, Utah 84101

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.

mailto:protests@rideuta.com

Part 4

SAMPLE: Master Task Ordering Agreement

TASK ORDERING AGREEMENT FOR CONSTRUCTION SERVICES

UTA CONTRACT #

[INSERT DESCRIPTION OF THE ENGAGEMENT OR SCOPE]

This Task Ordering Agreement (TOA) 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

WHEREAS, UTA desires to award a task ordering contract for CONSTRUCTION Services per the Statement of Services contained at Exhibit A. (Insert RFQU or RFP language throughout this paragraph as applicable)

WHEREAS, on [INSERT RFQU DATE], UTA issued Request for Qualifications Package Number [INSERT RFQU NUMBER] (“RFQu”) encouraging interested parties to submit Statement of Qualifications (SOQ) to perform the services described in the RFQu.

WHEREAS, upon evaluation of the SOQs submitted in response to the RFQU, UTA selected Contractor as the preferred entity with whom to negotiate a contract to perform the Work.

WHEREAS, 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 Tasks issued under this TOA 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 TOA 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.

f. Contractor is not guaranteed to receive any minimum number of task orders under this Agreement.

2. TASK ORDER ISSUANCE

a. The Contractor’s shall perform services with respect to a wide variety of tasks, as described in

Exhibit A at the request of UTA.

b. Each discrete item is referred to as a “Task.” UTA and the Contractor will negotiate scope, schedule, and lump sum or not-to-exceed price for each Task, and document those and other terms, as necessary, in a written “Task Order” in substantively the same format as that attached as Exhibit A. The lump sum or not-to-exceed price for each Task shall be developed in accordance with Section 5 of this Contract and Exhibit C. Upon the execution of a Task Order, the Contractor shall perform services for that Task, including furnishing all the materials, appliances, tools, and labor of every kind required, and constructing and completing in the most substantial and skillful manner, the work identified in the scope of work attached as an Exhibit to that Task Order.

c. If UTA, in its sole discretion, decides not to issue additional task orders beyond those already issued, this agreement shall be cancelled at no additional cost (beyond task orders already issued) to either Party.

d. If UTA and the Contractor are unable to agree on the price, scope, or other terms of a Task Order, UTA shall retain the right to remove the Task from the scope of the on-call Contractor and procure the item outside this Contract.

3. PROGRESS OF WORK

a. Contractor shall prosecute the Work in a diligent and continuous manner 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 bi-weekly 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 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 to conform to the Contract requirements.

g. If Contractor fails to promptly remedy rejected Work as provided in Section 3 (f) 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 Contractor.

4. FINAL ACCEPTANCE OF TASKS

Each Task shall be entirely completed – including all punch list items, final cleanup, etc. – by the final acceptance date specified in the applicable Task Order. When, in the opinion of UTA’s PM, the Contractor has fully performed the work under a Task Order, UTA’s PM will notify the Contractor of final acceptance.

Final acceptance will be final and conclusive except for defects not readily ascertainable by UTA, actual or constructive fraud, gross mistakes amounting to fraud, or other errors which the Contractor knew or should have known about, as well as UTA’s rights under any warranty or guarantee. Final acceptance may be revoked by UTA at any time prior to the issuance of the final payment by UTA or upon UTA's discovery of such defects, mistakes, fraud, or errors in the work even after final payment is issued.

5. 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 within the length of the contract, 3-year base + two 1-year options. (This contract contains two additional option years which may be exercised in the sole discretion of UTA with 60 days advance written notice. The option period will be subject to the same terms and conditions which are contained in this TOA. 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 at all times be subject to and conditioned upon the provisions of this Contract.)

6. COMPENSATION

Unless otherwise agreed in a Task Order, payment for the completion of Tasks will be in the form of a lump sum or not-to-exceed price negotiated between UTA and the Contractor and set forth in an executed Task Order. The lump sum or not-to-exceed price will be negotiated through an open-book cost estimating process based on the pricing elements set forth in Exhibit C. The lump sum or not-to-exceed price will be paid to the Contractor for satisfactory completion of all work identified in the applicable Task Order. Except as amended by UTA-issued change orders, the amount to be paid to the Contractor for all costs necessary to complete the work, whether stated or reasonably implied in the Task Order or other contract documents, will not exceed the lump sum or not-to-exceed price, including all labor, materials, equipment, supplies, small tools, incidental expenses, and any other direct or indirect associated costs’.

7. INCORPORATED DOCUMENTS

a. The following documents hereinafter listed in chronological order, are hereby incorporated into the Contract by reference and made a part hereof:

1. The terms and conditions of this Task Ordering Agreement (including any exhibits and attachments hereto).

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

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

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

8. ORDER OF PRECEDENCE

The Order of Precedence for this contract is as follows:

1. UTA Contract including all attachments

2. UTA Terms and Conditions

3. UTA Solicitation Terms

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

Any Contractor proposed term or condition which is in conflict with a UTA contract or solicitation term, or condition will be deemed null and void.

9. CHANGES

a. UTA’s Project Manager or designee may, at any time, by written order designated or indicated to be a Change Order, direct changes in the Work including, but not limited to, changes:

A. In the Scope of Services;

B. In the method or manner of performance of the Work; or C. In the schedule or completion dates applicable to the Work.

To the extent that any change in Work directed by UTA causes an actual and demonstrable impact to:

(i) Contractor’s cost of performing the work; or (ii) the time required for the Work, then (in either case) the Change Order shall include an equitable adjustment to this Contract to make Contractor whole with respect to the impacts of such change.

b. A change in the Work may only be directed by UTA through a written Change Order or (alternatively) UTA’s expressed, written authorization directing Contractor to proceed pending negotiation of a Change Order. Any changes to this Contract undertaken by Contractor without such written authority shall be at Contractor’s sole risk. Contractor shall not be entitled to rely on any other manner or method of direction.

c. Contractor shall also be entitled to an equitable adjustment to address the actual and demonstrable impacts of “constructive” changes in the Work if: (i) subsequent to the Effective Date of this Contract, there is a material change with respect to any requirement set forth in this Contract; or (ii) other conditions exist or actions are taken by UTA which materially modify the magnitude, character or complexity of the Work from what should have been reasonably assumed by Contractor based on the information included in (or referenced by) this Contract. In order to be eligible for equitable relief for “constructive” changes in Work, Contractor must give UTA’s Project Manager or designee written notice stating:

A. The date, circumstances, and source of the change; and

B. That Contractor regards the identified item as a change in Work giving rise to an adjustment in this Contract.

Contractor must provide notice of a “constructive” change and assert its right to an equitable adjustment under this Section within ten (10) days after Contractor becomes aware (or reasonably should have become aware) of…