7-AS27-12 RFP Overview - Amended 9.14.26.docx

RFP Overview

CONCESSION OPERATIONS AT JORDANELLE STATE PARK

REQUEST FOR PROPOSALS - SUMMER 2026

1. PURPOSE OF THE RFP

1.1 Intent of the Procurement

The purpose of this Request for Proposals (RFP) is to solicit proposals from highly qualified firms to enter into a long-term Concession Contract for the management, operation, and strategic redevelopment of commercial services at Jordanelle State Park. The selected Concessionaire will act as an Independent Contractor responsible for a multi-million dollar operation encompassing a full-service marina, comprehensive vessel rentals, and the execution of significant capital improvements.

Core services to be provided under this contract include, but are not limited to:

· Vessel Operations: Motorized and non-motorized rentals, fuel dock services, and buoy/mooring field administration.

· Visitor Amenities: Pro-shop retail, convenience sales, and optional recreational amenities.

· Infrastructure Management: Boat storage, concession rental dock management, and professional vessel maintenance and repair services.

The Division seeks an operator with the demonstrated experience and financial capacity to deliver first-class services that align with the Division’s operational standards and long-term infrastructure goals.

1.2 The "Best Value" Standard

In accordance with Utah Code § 63G-6a-707, this RFP will be evaluated based on the "Best Value" to the State. This means the contract will be awarded to the responsive and responsible Offeror whose proposal is determined to be the most advantageous to the Division, taking into consideration the evaluation criteria set forth in this document. The "Best Value" determination will weigh multiple factors including operational expertise, proposed capital investment, and safety protocols rather than focusing solely on the highest concession fee offered.

1.3 Vision for the Concession

The Division’s vision for Jordanelle State Park is the transformation of the marina precinct into a premier, modernized, and integrated recreation destination. The Division seeks a Concessionaire who will move beyond standard operations to execute a comprehensive site vision that includes:

· Infrastructure Modernization: Replacing aging facilities with high-density, terrain-integrated storage solutions and a consolidated retail, dining, and event hub.

· Operational Excellence: Maintaining a "best-in-class" rental fleet and providing seamless guest services through modern technology and efficient logistics.

· Utility Stewardship: Collaborating on necessary park-wide utility upgrades, including power, water, and sewer, to support new developments and improve the overall guest experience.

· Capital Investment and Amortization: Utilizing the long-term contract horizon to fund and amortize significant capital improvements, ensuring that high-quality, permanent improvements are developed and maintained for the benefit of the State.

· Reversion of Fixtures and Improvements: Establishing a sustainable destination where all permanent improvements and infrastructure eventually revert to the Division in "first-class" condition at the conclusion of the contractual term.

2. BACKGROUND OF AGENCY

2.1 The Division of State Parks

The State of Utah Division of State Parks (the "Division") manages 46 state parks that provide a wide range of recreational, educational, and outdoor experiences. These parks support diverse activities including boating, camping, hiking, and water-based recreation. To effectively meet visitor demand and enhance the quality of services, the Division utilizes Concession Contracts to authorize qualified private entities to conduct Commercial Activity within park boundaries. These Concessionaires play a critical role in supporting park operations by providing specialized services and maintaining facilities in a first-class manner. Additional information regarding the Division’s Concessions Program can be found at: https://stateparks.utah.gov/resources/concessions-program/

2.2 Jordanelle State Park Profile

Jordanelle State Park is one of the Division's most highly visited units and serves as a premier destination for water-based recreation in northern Utah. Centered around the Jordanelle Reservoir, the park offers extensive opportunities for boating, fishing, and swimming.

Because the Jordanelle Reservoir and its surrounding recreation lands are owned by the United States Bureau of Reclamation (BOR), the park is managed by the Division under a formal cooperative agreement. Consequently, all land-use authorizations, physical developments, and commercial concession operations are subordinate to federal project purposes and subject to federal oversight, including National Environmental Policy Act (NEPA) compliance and BOR engineering reviews.

The park's proximity to the Wasatch Front and nearby expanding recreation hubs contributes to consistently high visitation and a constant demand for high-quality marina and concession services.

2.3 Current Recreation Trends

Utah continues to see significant growth in outdoor recreation, with Jordanelle State Park serving as a primary focal point for the Wasatch Front and the rapidly expanding Heber Valley.

· Local Demographics and Population Growth: Wasatch County is among the fastest-growing counties in Utah, with a population that has increased by over 65% since 2010. With a 2026 population estimate of nearly 40,000 residents and a median household income exceeding $117,000, the local market has a high capacity and appetite for premium recreational services.

· Increased Safety and Education: New requirements for watercraft operator education have increased the demand for professional rental orientations and safety-focused staff to ensure compliance with state-mandated safety standards.

· Premium Vessel Demand: There is a heightened market expectation for high-performance motorized rental fleets, including late-model wakeboard boats and personal watercraft, reflecting the affluent demographic of the surrounding area.

· Year-Round Engagement: Visitation trends show a marked increase in "shoulder season" activity. Over 80% of local residents now cite the quality of recreational opportunities as a major contributor to their quality of life, necessitating a Concessionaire capable of providing year-round services such as winterization, indoor storage, and professional maintenance.

3. RFP POSTING PERIOD

3.1 Solicitation Timeline

Due to the significant scale of the proposed redevelopment and the technical complexity of the required capital improvements, this RFP will remain open for a period of 45 calendar days. This window is intended to allow all potential Offerors sufficient time to review the park locations, perform site visits, and prepare a comprehensive proposal that meets the Division's standards for safety and modernized operations.

3.2 Key Dates and Deadlines

The RFP should close two weeks post mandatory site visit and allow online Q&A up to one week after the mandatory site visit.

4. DESIRED LENGTH OF CONTRACT

4.1 Contract Term

The Division intends to enter into a long-term contractual relationship to help ensure the successful execution and financial sustainability of the proposed capital improvements, subject to the statutory and administrative limits of the Division's underlying land-use agreements. The term of this Concession Contract shall be structured as follows:

· Base Term: Ten (10) years commencing on the effective date of the contract.

· Renewal Options: Two (2) ten-year (10) renewal options, which may be exercised upon the mutual written agreement of both the Division and the Concessionaire.

· Total Potential Term: Thirty (30) years.

Federal Agreement Concurrency Contingency: The Concessionaire explicitly acknowledges that the Division operates Jordanelle State Park under a cooperative management agreement with the United States Bureau of Reclamation (BOR). Pursuant to federal rules, the Division cannot enter into a third-party concession contract for a period exceeding the term of this master federal agreement.

Consequently, the execution of any and all renewal options under this Contract is strictly subordinate to, and contingent upon, the active existence, successful renewal, or mutual amendment of the master management agreement between the Division and the BOR. If the master federal agreement is terminated, restricted, or not renewed by the BOR, any remaining unexecuted renewal options under this Contract shall be rendered null and void, and the Division shall assume zero liability for damages, loss of business, or unamortized capital assets.

4.2 Service Exclusivity (Non-Compete Assurance)

To ensure the operational viability of the concession and the amortization of capital investments, the Division provides a Non-Compete Assurance. During the term of this contract, the Division will not authorize any other third-party vendor to provide the same primary "Required Concession Services" within the designated Concession Service Areas.

This assurance is strictly subject to the following conditions:

· Commercial Scope: Exclusivity applies only to the commercial sale of motorized and non-motorized watercraft rentals, retail marine fuel, commercial boat storage, and other items as defined as “Required Concession Services” in the Scope of Work.

· Reservation of Division Permit Rights: This assurance does not grant exclusive rights to any future, secondary, or unlisted commercial activities not expressly mandated in the Scope of Work. The Division retains the unrestricted right to issue commercial permits, special use authorizations, or separate contracts to third-party vendors for new or distinct recreational services, events, mobile vending, or pop-up concessions within the park.

· No Right of First Refusal: Nothing in this Contract shall be construed as granting the Concessionaire a right of first refusal, exclusive negotiation right, or automatic privilege regarding future commercial opportunities, expanded service scopes, or secondary commercial permits not expressly written into this contract.

· Land Use Rights: This assurance does not grant any exclusivity regarding the use of real property. The Division and the Bureau of Reclamation (BOR) retain all rights to manage the land and reservoir, including the right to grant easements, rights-of-way, or other land-use permits that do not directly conflict with the required commercial services.

· Pre-existing Interests: This contract is subject to all existing leases, easements, and water rights currently in effect at Jordanelle State Park.

4.3 Reversion of Fixtures and Improvements

The long-term nature of this contract is intended to allow the Concessionaire to fully fund and amortize the cost of significant capital improvements.

· Final Disposition: At the conclusion of the contract term (including any exercised renewals), all permanent improvements and fixtures attached to the land, including but not limited to buildings, stacked storage units, and utility infrastructure constructed upon park property, shall legally revert to the absolute control and custody of the Division.

· Vesting of Title: Title to all permanent structures, fixtures, and utilities shall vest in the State of Utah immediately upon construction. The Concessionaire retains no fee-simple ownership or equity interest in the real property or permanent improvements, and instead holds a temporary operational license for the duration of the contract term.

· Condition at Reversion: The Concessionaire is contractually obligated to maintain these fixtures and improvements in a "first-class" condition throughout the entire term. The expiration of the operational term does not absolve the Concessionaire of the responsibility to deliver the facilities to the Division in a state that is safe, clean, and free from defects.

4.4 Transition of Services

To ensure the continuous and uninterrupted delivery of services to the public, the Concessionaire shall cooperate fully with the Division during any transition period. This obligation applies regardless of whether the Division elects to manage operations internally or award a new contract to a Successor Concessionaire at the conclusion of this term.

· Successor Handover: If a different entity is selected through a future competitive solicitation, the outgoing Concessionaire shall facilitate a professional handover of all "first-class" facilities, improvements, operational materials, and data. The outgoing Concessionaire shall not interfere with the Successor’s efforts to establish operations.

· Final Inspection and Repairs: The Division will conduct a facility inspection to ensure the "first-class" standard is met. Any deficiencies identified must be corrected by the outgoing Concessionaire at their sole expense, ensuring the Successor receives the premises in the contractually required condition.

· Interim Operations: During the transition period, the outgoing Concessionaire is expected to maintain full service levels and staffing until the final hour of the contract term to ensure no lapse in public safety or service.

5. MANDATORY SITE VISIT

In accordance with Utah Administrative Code R33-101-13, a mandatory site visit will be held for this solicitation. Due to the significant scale of proposed redevelopment and the complex utility requirements of the marina precinct, attendance is required to ensure all Offerors understand the site-specific constraints, utility availability, and demolition scope.

· Requirement: All Offerors wishing to submit a proposal must have a representative attend the site visit in its entirety and sign the official attendance sheet.

· Consequence of Non-Attendance: Pursuant to Utah Code § 63G-6a-703, any proposal submitted by an Offeror who did not attend the mandatory site visit will be deemed non-responsive and will be disqualified without further evaluation.

· Date and Time: September 16, 2026, at 10:00 AM.

· Location: Jordanelle State Park (main Hailstone Visitors Center entrance by the toll booths), 515 Utah State Rte 319, Heber City, UT 84032 (See the image below. The X is where we are meeting).

· Per Utah Procurement Rule R33-101-13 Pre-Bid Conferences and Site Visits. Mandatory site visits must be attended in person by an authorized representative of the person or vendor submitting a bid. The meeting will begin promptly at the specified time. Any prospective bidders who arrive ANY time after the posted start time will not be allowed to continue with the site visit nor submit a bid. Failure to attend the site visit shall result in the disqualification of any bidder who does not have an authorized representative attend the entire duration of the mandatory site visit. Please do not take calls/texts during the site visit. Phones may be used to take pictures. All discussions not related to the site visit must be done after the site visit to avoid disturbing attendees. An attendance log will be maintained including the name of each attendee, the entity the attendee is representing, and the attendee’s contact information, minutes of the site visit, and copies of any documents distributed by the conducting procurement unit to the attendees and shall be published as an addendum to the solicitation. Any verbal modifications made to any of the solicitation documents during the mandatory site visit shall be reduced to writing and will be published as an addendum to the solicitation.

6. ADMINISTRATIVE INQUIRIES

6.1 Sole Point of Contact From the date of issuance of this RFP until a selection is made, the sole point of contact for this procurement is the assigned Purchasing Agent via the Utah Public Procurement Place (U3P). Offerors shall not contact other Division employees or Park Managers regarding this RFP.

6.2 Question and Answer Period All questions must be submitted through the U3P portal. Answers will be posted as an official addendum to the RFP. The Q&A period will remain open for seven (7) calendar days following the mandatory site visit.

7. CONTRACTUAL TERMS & CONDITIONS

7.1 State of Utah Standard Terms and Conditions (Attachment A) The contract resulting from this RFP will be subject to the State of Utah Standard Terms and Conditions for Services. These are the general legal requirements for any entity doing business with the State.

7.2 Division Concession Standard Terms and Conditions (Attachment B) In addition to the general state terms, the Concessionaire must adhere to the Division of State Parks Concession Standard Terms and Conditions. This document outlines specific requirements regarding park safety, resource protection, "first-class" maintenance standards, and the Division's right to manage park land and easements.

7.3 Exceptions to Terms and Conditions

Pursuant to Utah Admin Code R33-7-104, any Offeror who takes exception to the terms in either Attachment A or Attachment B must submit a specific, redlined version of the terms with their proposal. The Division reserves the right to reject proposals with excessive exceptions that conflict with the best interests of the State or Utah Procurement Code.

7.4 Price Guarantee Period

All concession fees (revenue share percentages) paid to the Division must remain firm for the duration of the contract term and any subsequent renewals. In the event of extreme, extraordinary, or unforeseen circumstances, the Concessionaire may submit a good-faith request for a temporary hardship adjustment. Any temporary fee modifications or relief structures shall be determined by the mutual agreement of the Division and the Concessionaire, and must be formally executed via a written contract amendment signed by both parties.

7.5 Annual Rate Approval and Public Access Protection

· Annual Rate Review and Approval: On or before March 1st of each calendar year, the Concessionaire must submit a complete, itemized schedule of all proposed user-facing rates, fees, and service charges to the Park Manager for review. This schedule shall be formally discussed and finalized during the mandatory annual pre-season concession conference. No rate, fee, or rental price shall be charged to the public without the prior written approval of the Division.

· Comparable Market Standard: To prevent public price-gouging while ensuring commercial viability, all approved rates must be fair, reasonable, and comparable to average prices charged by similar commercial marina operations within the Intermountain West region. The Concessionaire shall provide documented market comparisons to justify any proposed rate increases exceeding the annual Consumer Price Index (CPI) adjustment.

8. INSURANCE REQUIREMENTS

The successful Concessionaire shall provide proof of insurance meeting the State’s standards prior to contract execution.

Standard Operational Insurance Limits (Baseline): For core full-service marina operations, vessel rentals, dry storage, and retail operations, the Concessionaire shall maintain the following minimum limits:

· General Liability: $1,000,000.00 per occurrence / $3,000,000.00 aggregate.

· Worker’s Compensation: Statutory limits as required by Utah law.

· Marine Liability (Protection and Indemnity): Required for all commercial vessel operations.

Optional Aqua Park Escalation Limits: Should the Concessionaire elect to propose, develop, and operate an open-water inflatable structure / Aqua Park under the Optional Services framework (Attachment C, Part 2), the following additional insurance requirements shall apply and must be proven upon formal contract amendment execution prior to commencing Aqua Park operations:

· Increased General Liability Limits: Limits shall escalate to $2,000,000.00 per occurrence / $5,000,000.00 aggregate (or a minimum of $1,000,000.00 / $4,000,000.00 in the event of documented market capacity constraints pre-approved in writing by the Division and Risk Management).

· No State Indemnity for Inflatables: The Concessionaire explicitly acknowledges that the State of Utah Risk Management fund excludes coverage for recreational water inflatables. The Concessionaire's commercial policy must act as the primary defense and coverage provider for any and all claims originating from the Aqua Park footprint.

Additional Insureds: The "State of Utah, Division of State Parks" AND the "Bureau of Reclamation" must be named as additional insureds on all policies.

Mandatory Liability Waivers: The Concessionaire must require all rental, excursion, and Aqua Park (if initiated) customers to execute a rental agreement and liability release prior to participating in any activities or taking control of equipment. This waiver must explicitly name and release both the Division of State Parks and the Bureau of Reclamation from all liability. All waiver forms must receive prior written approval from the Division before implementation.

Livery License and Permits: In accordance with Utah Code § 73-18-15.2, the Concessionaire must obtain and maintain a valid Utah Livery Permit for all vessel rental operations. The Concessionaire is responsible for ensuring all rental customers meet state-mandated education requirements. The Concessionaire must maintain all livery vessel records and safety equipment in strict compliance with the Utah Division of Outdoor Recreation standards.

Liquor Liability (if applicable): If the proposed redevelopment includes a restaurant serving alcohol, the Concessionaire must obtain the appropriate DABS license and carry a minimum of $1,000,000.00 in liquor liability insurance.

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