PUBLIC NOTICE OF PROPOSED WAIVER

• Date Issued: April 9, 2026
• Proposed Service: Construction of Sidewalk Improvements – SR-224 (US Bank to City Park)
• Proposed Provider: STACY AND WITBECK, INC.
• Requesting Department: Engineering & Transportation Planning

Please take notice of Park City Municipal Corporation’s (PCMC’s) intent to waive a competitive procurement process. PCMC Procurement Rule 5-3 provides that the competitive procurement requirements may be waived under circumstances where there is a reasonable justification and the waiver is in the best interests of PCMC.  

The Procurement Official has determined that a waiver is appropriate for a contract for construction services associated with the SR-224 Sidewalk Improvement Project in the amount of $371,308.00 with contractor STACY AND WITBECK, INC., based on the information below:

Waiver Justification:

Per Procurement Policy Section 5-3 (Waiver of Standard Procurement Process), awarding a contract without engaging in a Standard Procurement Process is appropriate where doing so is impractical and not in the best interest of PCMC. This project is directly adjacent to and functionally tied to the ongoing SR-224 Bus Rapid Transit (BRT) improvements currently under construction by STACY AND WITBECK. Coordinating this sidewalk gap closure work with the existing contractor provides substantial cost savings, reduces public impacts, and ensures consistency in design and construction.

Key considerations include:

• Permitting Efficiency (UDOT Coordination): STACY AND WITBECK currently holds active UDOT permits for work within this corridor. Completing this work under amended existing permits avoids a separate, time-intensive permitting process that could take several months and may not be feasible within the current or next construction season. This approach is estimated to save approximately $10,000 in permitting and associated soft costs.
• Mobilization and Traffic Control Savings: Mobilization, staging, and traffic control are already in place for the BRT project. Procuring this work separately would require duplicative mobilization and traffic control, resulting in an estimated additional cost of approximately $20,000.
• Impracticality of Competitive Procurement: Due to the active construction environment, traffic control constraints, and UDOT permit limitations, it is unlikely that a separate procurement would result in meaningful competition. A new contractor would face significant barriers to entry, including restricted access, schedule constraints, and inability to leverage existing permits and traffic control setups.
• Matching Existing Improvements / Avoiding Throwaway Work: Constructing this segment concurrently ensures the sidewalk is built to current City standards (6-foot width) continuously through the corridor. Delaying the work would require temporary transitions to existing substandard sidewalk widths (~4 feet), resulting in inefficient “throwaway” work and future rework costs.
• Public Convenience and Impact Reduction: Completing the work concurrently minimizes disruptions to residents, businesses, and roadway users. If completed separately, the public would experience multiple construction impacts over multiple years rather than a single, coordinated effort. This is particularly important for adjacent properties, including an HOA with multiple driveway access points already impacted by the BRT project.
• Consistency in Public Right-of-Way Improvements: Coordinated construction ensures a consistent, ADA-compliant pedestrian facility along the corridor without interim gaps in standard.      

*To submit comments regarding this Notice of Proposed Waiver, please email Stormie Dawn at stormie.dawn@parkcity.gov within seven days of the date of posting.