1-Cultural Resource Mitigation Request for Proposals.pdf

INTRODUCTION

Washington County Water Conservancy District (district) is a water conservancy district organized and existing under the Utah Water Conservancy District Act. The district is seeking proposals from qualified vendors to provide cultural resource mitigation (procurement item). The following contains information relating to the procurement item required and describes the criteria and selection process the district will use to select a vendor. The scope of work is attached and incorporated as Exhibit A.

PROPOSAL SUBMISSION

Proposals must be received by the district no later than Friday, April 3, 2026, 5:00

pm. The Cost Proposal must be separate from the Service Proposal.

Service Proposals are limited to a total of 10 pages, excluding one cover page, a table of contents, letters of recommendation, and resumes. One page is considered the equivalent of a single side of an 8.5”x11” piece of paper. One side of an 11”x17” page counts as two pages.

Proposals must have 1” margins and a minimum font size of eleven.

The district’s strong preference is that vendors submit proposals digitally via the district’s online project management system software platform Kahua (Kahua). Kahua is a third-party software platform that has a Bid Room application that manages procurement solicitations and meets federal security requirements.

Submitting via Kahua Bid Room To obtain access to the Kahua Bid Room, email the district’s procurement manager Dinah Neumann at dinah@wcwcd.gov and include the solicitation title in the subject line. Include the name and contact information of the individual who will be entering data in Kahua on behalf of your organization. IMPORTANT: Carefully select the person who will perform the administrative task of entering data and responses, because Kahua limits each organization to a single authorized representative for security purposes.

REQUEST FOR PROPOSALS

CULTURAL RESOURCE

MITIGATION

mailto:dinah@wcwcd.gov

The individual you designate will receive an email invitation from Kahua that will allow access to Kahua’s Bid Room by either registering as a new user or logging in if you already have an existing Kahua account.

Information regarding how to use Kahua’s Bid Room application to respond to solicitations and ask questions can be found in the Guide for Vendors: Using the Kahua Bid Room to Respond to Solicitations and Ask Procurement Questions at wcwcd.gov/procurement.

For technical help regarding Kahua, email kahua@wcwcd.gov.

Submitting via Email The proposal should be submitted in the Kahua Bid Room. However, if you are unable to submit your proposal through the Kahua Bid Room, you may submit it in portable document format (PDF) via email to dinah@wcwcd.gov. The Cost Proposal must be attached in a separate PDF from the Service Proposal. The email must clearly identify: 1) Name of vendor, 2) Contact information of vendor, 3) that it contains a PROPOSAL FOR CULTURAL RESOURCE MITIGATION, and 4) why the submittal had to be done by email rather than through Kahua.

Vendors are encouraged to submit early to allow time for potential technical delays. Late submissions, including those delayed by technical issues, will not be accepted. Vendors are solely responsible for ensuring their proposals are submitted on time. The district assumes no responsibility for delays or other failures, whether caused by internet disruption, system failure, or any other event.

QUESTIONS REGARDING THE SOLICITATION

The due date for questions regarding the solicitation is March 25, 2026. The district strongly prefers that vendors submit questions through the Q&A section of the Kahua Bid Room, because the software keeps a record of each question and answer and shares them with all vendors in a timely and uniform basis. Although vendors may submit multiple questions, Kahua processes each question and answer individually.

If you are unable to submit questions through the Kahua Bid Room, you may submit questions via email to dinah@wcwcd.gov.

For technical help regarding Kahua, email kahua@wcwcd.gov.

RFP ANTICIPATED TIMELINE

ITEM DUE DATE

Published Date: March 6, 2026 Questions Due Date (if applicable): March 25, 2026 Submissions Due Date: April 3, 2026 https://www.wcwcd.gov/procurement mailto:kahua@wcwcd.gov mailto:dinah@wcwcd.gov mailto:kahua@wcwcd.gov

AGREEMENT

The district’s Agreement, which includes its standard terms and conditions, is attached and incorporated as Exhibit B. Any exceptions to the terms, conditions, or requirements found in the Agreement must be submitted with the vendor’s proposal. Such exceptions will be considered in the evaluation and award process. Excessive exceptions or exceptions that materially change the district’s standard terms and conditions may result in the proposal being deemed non-responsive. The district shall be the sole determiner of the acceptability of any exception. The district reserves the right to modify the Agreement prior to execution.

Renewal Conditions The Agreement may not continue or be renewed for any year after the first year of the contract if adequate funds are not appropriated or otherwise available to continue or renew the Agreement.

UTAH GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT

The district is subject to the Utah Government Records Access and Management Act, Utah Code Ann. § 63G-2-101, et. seq. (GRAMA). All proposals are ordinarily public documents once an award is made. A vendor who desires to request protected status of any information submitted in the proposal is responsible to understand and implement any protection provided by GRAMA. The district will not be bound by any instructions contained in the proposal, but rather, will only be governed by GRAMA and district GRAMA policies. Below is the information and processes regarding how to submit a request for Business Confidentiality with your RFP submission.

BUSINESS CONFIDENTIALITY

In accordance with State Law, all files submitted in response to a procurement (Bids, SOQs, RFPs, etc..) are a public record and are subject to public review upon request. However, a vendor may request that portions of their submission containing trade secrets or certain commercial or financial information identified in Utah Code §63G-2-305(1)–( 2) be classified as a protected record by complying with Utah Code §63G-2-309(1). Protected records are not generally available to the public except under certain circumstances.

To request the protected classification, the firm must provide the District with a written claim of business confidentiality indicating what parts of their submission it would like to be classified as protected, along with a concise statement of reasons supporting the claim of business confidentiality. The district provides the WCWCD Claim of Business Confidentiality form for this purpose.

Evaluation Phase: April 10, 2026 Contracting Phase: April 24, 2026 Board Approval (if applicable): May 4, 2026 Notice to Proceed: May 5, 2026 https://le.utah.gov/xcode/Title63G/Chapter2/63G-2-S305.html?v=C63G-2-S305_2025050720250507 https://le.utah.gov/xcode/Title63G/Chapter2/63G-2-S309.html?v=C63G-2-S309_2025050720250507

If making a claim of business confidentiality, submission should include a set of unredacted files and a set of redacted files, with the confidentiality form (attached). Please note that the submission cannot be fully redacted. Washington County Water Conservancy District will not redact a proposal on behalf of a claimant if they fail to upload a redacted copy of their proposal.

Continue following the directions in the procurement notice to submit your files in response to the procurement.

CERTIFICATION

By submitting a proposal, the vendor certifies and represents that it has:

• read and understands the Request for Proposals and its associated documents;

• become familiar with the conditions which might directly or indirectly affect the delivery of the services outlined in the Scope of Work;

• identified any questions or concerns regarding the services outlined in the Scope of

Work and ensured that all questions are fully clarified to its satisfaction;

• the ability and qualifications to provide the services outlined in the Scope of Work;

and

• determined that the Request for Proposals and its associated documents are sufficient to determine the cost for the services outlined in the Scope of Work, enter into the Agreement, and provide the services outlined in the Scope of Work.

CONTACT INFORMATION:

Washington County Water Conservancy District ATTN: Dinah Neumann 533 E. Waterworks Drive St. George, Utah 84770

(435) 673-3617 (office) dinah@wcwcd.gov www.wcwcd.gov

PROPOSAL MINIMUM REQUIRED CONTENT

This Request for Proposals is designed to provide vendors with sufficient basic information to submit proposals meeting minimum requirements. It is not intended to limit a proposal’s content or exclude any relevant or essential data. Vendors are at liberty to expand upon the specifications to show relevant capability. Additional information to clarify responses may be requested before selecting the vendor. At minimum, the proposal must contain a Service Proposal and Cost Proposal as outlined below.

Vendors must demonstrate the following:

• Meet Secretary of the Interior professional qualifications

• Hold state (PLPCO) and federal (BLM) archaeology permits, including permits in

Utah in the Virgin Permit Area or statewide http://www.wcwcd.org/

• Experience in Virgin Branch Ancestral Puebloan and Southern Paiute archaeology, OHV-area safety, and NAGPRA POA implementation

• Competency in testing, excavation, mechanical trenching, and rockshelter-safe methods

• Full lab analysis services (lithics, ceramics, faunal, botanical, AMS dating, XRF)

• Capacity for geophysics (GPR), photogrammetry, XRF analysis coordination, and 36

CFR 79-compliant curation

• Capable of producing UASFs, GIS mapping, technical reports, and curated collections to 36 CFR 79 standards

• Experience facilitating Tribal monitors and integrating ethnographic interpretation into technical reports and public products

Service Proposal The Service Proposal shall include the following information and any other information the vendor deems relevant or essential to demonstrate its:

1. Qualifications:

a. Identify the key personnel expected to provide the procurement item. Include resumes for these personnel.

b. Summarize prior engagements in which key personnel have participated that demonstrate their expertise and experience in providing the procurement item.

c. Demonstrate availability and ability of key personnel for counseling with officers and staff.

2. Knowledge and Experience:

a. Demonstrate experience and proven ability providing the procurement item on similar projects in the Southwest/Great Basin.

b. Demonstrate good working knowledge, capability of providing professional services and capability of preparing various analyses, reports, and other deliverables in connection with the procurement item.

3. Management Plan:

a. Describe approach to providing the procurement item. Include a schedule.

b. Describe communication plan.

c. Describe vendor’s strengths and how they will be used to provide the procurement item.

The district reserves the right to request clarification of any item in a proposal or to request additional information necessary to properly evaluate proposals. All requests for clarification and responses will be via email.

Cost Proposal The Cost Proposal shall include a line-item cost breakdown for the time, materials, and equipment as they will be charged to the district, including:

d. The hourly cost for each staff member who may be assigned to the contract

e. The cost of any materials needed to provide the Service

f. The hourly cost of any equipment needed to provide the Service

g. The percentage or amount of markup for pass-through costs

h. Any other costs that would be charged to the district

Note: The line-item costs may not be increased except as agreed to and authorized in advance in writing by the district.

REJECTING PROPOSALS

Proposals may be rejected for any of the reasons set forth in Utah Code Annotated, Section 63G-6a-120, including but not limited to the following circumstances:

Proposals that are not responsive, that violate a requirement of this Request for Proposals, or that are not submitted before the submission deadline will be rejected.

A vendor whose proposal receives a score of zero for any of the evaluation criteria identified below in Table 1 or a total score of less than sixty (60) will be determined not responsible and the vendor’s proposal will be rejected.

METHOD OF AWARD

The district will award the contract to the responsible vendor that receives the highest score based on the evaluation criteria identified below in Table 1.

Table 1. Evaluation Criteria

No. Evaluation Criteria

Score (0-unacceptable

10-superior) Weight Maximum

Points

1. Qualifications 10 3.0 30

2. Knowledge and Experience 10 3.0 30

3. Management Plan 10 2.0 20

4. Cost* 20 2.0 20

* The cost criterium will be evaluated based on the appropriateness of the cost for the procurement item provided.

BEST AND FINAL OFFERS

Best and final offers may be allowed, as provided in Utah Code Section 63G-6a-707.5, from responsible vendors who submit responsive proposals that meet minimum qualifications, evaluation criteria, and score thresholds identified in this document.

ATTACHMENTS

• Exhibit A – Scope of Work

• Exhibit B – Agreement

• WCWCD Claim of Business Confidentiality form

NOTICE OF REQUEST FOR PROPOSALS FOR CULTURAL RESOURCE

MITIGATION

The Washington County Water Conservancy District (district) is seeking proposals for Cultural Resource Mitigation. A copy of the Request for Proposals is available at wcwcd.gov/procurement/.

Proposals must be received by the district no later than Friday, April 3, 2026, 5:00

pm. The district will manage this solicitation through the Kahua Online Bid Room application (Kahua). The district strongly prefers that submissions and questions be made through Kahua. Please see the Request for Proposals for instructions on accessing Kahua.

Vendors who are unable to use Kahua may submit responses to the solicitation via email.

Questions regarding this solicitation should be addressed to Dinah Neumann by phone at (435) 673-3617 (office) or email at dinah@wcwcd.gov.

https://www.wcwcd.gov/procurement/

ATTACHMENT A

SCOPE OF WORK

This solicitation includes cultural resource mitigation pursuant to the Bureau of Land Management Red Cliffs/Warner Valley Land Exchange Project and the Utah Trust Lands Administration Warner Valley Land Sale Project. The following documents provide information on the cultural resource mitigation (project documents). If you intend to respond to this solicitation, please submit a request for the project documents to Dinah Neumann at dinah@wcwcd.gov.

Bureau of Land Management Red Cliffs/Warner Valley Land Exchange Project

• Memorandum of Agreement (BLM MOA)

• Historic Properties Treatment Plan (BLM HPTP)

Utah Trust Lands Administration Warner Valley Land Sale Project

• Easement (UTLA Easement)

• Historic Properties Treatment Plan (UTLA HPTP)

The BLM HPTP includes 9 prehistoric sites: 2 habitations, 3 rockshelters (1 includes a petroglyph), 2 campsites, 1 lithic scatter, and 1 petroglyph. The UTLA HPTP includes 8 prehistoric sites: 1 rockshelter, 5 campsites, and 2 lithic scatters. More information on the sites, locations, and mitigation measures can be found in the project documents.

1) Project Objectives

• Implement all mitigation, testing, data recovery, reporting, curation, and public education requirements in full conformance with the project documents.

• Resolve adverse effects for sites leaving Federal/State protections by executing treatments and producing required public outreach deliverables.

2) Project Milestones

• Milestone 1: Work Plan & Mobilization

• Milestone 2: Testing

• Milestone 3: Data Recovery

• Milestone 4: Lab/Analyses

• Milestone 5: Draft Report and Final Report

• Milestone 6: Kiosk and Public Presentation Deck

• Milestone 7: Curation

3) Public Outreach & Education Deliverables

• Interpretive Kiosk: Design and fabricate an informational four-sided kiosk for installation on BLM property. Coordinate with BLM-provided panel standards and consult Tribes to ensure cultural appropriateness.

• Public Presentation Deck: Develop a PowerPoint summarizing treatment results for public audiences and BLM’s use.

ATTACHMENT B

(Warner Valley Cultural Resource Mitigation)

This Agreement is effective as of the date duly authorized officials of the Washington County

Water Conservancy District (District) and <<Insert Consultant Name Here>>, a <<Insert name of state in which Consultant is legally organized>> <<Insert type of business organization, ie., sole proprietorship, limited liability company, corporation>> (Consultant) digitally sign the Agreement through the District’s project delivery system software platform Kahua.

RECITALS

WHEREAS, the District desires to engage a consultant to preform cultural resource mitigation;

and

WHEREAS, the Consultant submitted the successful proposal and has been selected to perform the services for the District as more fully set forth in its Proposed Scope of Work, a copy of which is attached as Exhibit A, which is incorporated into this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows:

SPECIFIC TERMS

1. Description of Services.

The Consultant will perform the services described on Proposed Scope of Work (Exhibit A), in accordance with the applicable professional standards of care, and in a reasonably timely, efficient, and professional manner, consistent with this Agreement and in consultation with District and others whom the District may identify from time to time.

2. Responsible Staff Members.

Responsible principals or staff members of the Consultant, and any subcontractors identified by name in the Proposed Scope of Work (Exhibit A) shall be committed to providing the services provided under this

Agreement. Upon submitting a request for payment for services, the Consultant shall provide verification of the names of staff members, their respective rates, and the number of hours worked by each staff member. Responsible principals or staff members, or subcontractors, who retire, quit, or die shall be replaced by individuals who are equally qualified, each of whom shall be subject to the District’s

Agreement (Cultural Resource Mitigation) Page 2 of 11 approval under this Agreement. Failure to comply with the requirements of this provision shall be grounds for terminating this Agreement.

3. Kahua Project Delivery System

The District will provide Consultant with a license and access to the District’s project delivery system software platform Kahua (Kahua), which is a third-party software application. Consultant acknowledges that the District uses Kahua to manage work performed under the Agreement and that the records kept in

Kahua will constitute the sole source of truth regarding the Agreement. Consultant will use Kahua for documenting and conducting the following activities, when applicable:

a. Uploading relevant documents;

b. Submitting pay requests and invoices;

c. Creating and submitting change requests;

d. Creating and submitting change orders

e. Executing contracts and contract amendments;

f. Tracking completion of checklists;

g. Entering and updating budget information;

h. Managing schedules; and

i. Other tasks or actions required by the Agreement and requested by the District.

Consultant agrees to abide by Kahua’s Terms and Conditions, as posted on the District’s website and as they may be updated and revised from time to time.

4. Payment.

The District shall pay the Consultant in accordance with the Proposal, attached hereto and incorporated herein as Exhibit B, pursuant to monthly invoices submitted by the Consultant through Kahua. The

Consultant will only invoice actual accrued costs. The District will remit payment to the Consultant within 30 days of invoice receipt, subject to the following:

a. Retainage.

From the total amount ascertainable as payable, the District may retain an amount equal to ten per cent (10%) until final completion of the work. However, after 50% of the work has been completed, the District may make any remaining payments in full if the District determines that the work is progressing satisfactorily. Also, when the work is substantially complete, the District may release any or all of the amounts retained.

Agreement (Cultural Resource Mitigation) Page 3 of 11

b. Limits of payment.

Under no circumstances shall the District make a payment to the Consultant that exceeds the amounts specified in the proposal, for any specified line item or cumulatively, without an approved addendum to the scope of work and proposal.

c. Withholding payment.

The District may, at its option, withhold final payment under this Agreement until receipt of all final reports and deliverables. All retained payments shall become due and payable upon satisfactory completion of the work under this Agreement and any subcontractors, hereto.

d. Penalties.

When work is not completed by the deadlines set forth below, the District may reduce the payment due under this Agreement by $100 for every day between the completion date and the date of actual completion. In addition, if work is not completed within 30 days of the specified completion date, the associated payment shall be reduced by 25%. If the deadlines set forth below must be changed for good cause shown, the Consultant shall submit an addendum to be approved in advance of the applicable specified deadline set forth below.

5. Commencement and Completion.

The work covered by this Agreement shall be completed within <<spelled number, e.g. ten>> (<<numeric number, e.g., 10>>) days from the date set forth above, provided, however, that an extension of <<spelled number, e.g. ten>> (<<numeric number, e.g., 10>>) days may be requested for good cause shown.

Requests for extension must be submitted through Kahua.

GENERAL TERMS

1. Form of Deliverables. All deliverables shall be produced in digital formats, including portable document format (.pdf) copies and, where applicable to the nature of the deliverable, AutoCad (.dwg) and ArcGIS shapefiles or geodatabase in the projected coordinate system of NAD 1983 State Plane Utah South FIPS 4303 Feet. All deliverables shall be submitted through the District’s project delivery system, Kahua.

2. Ownership of Information. Title to all reports, information, data, computer data elements, and software prepared by the Consultant in performance of this Agreement shall vest in the District unless otherwise provided for in this Agreement. Subject to applicable State and Federal laws, regulations, and contract requirements, the District shall have full and complete rights to reproduce, duplicate, disclose, and otherwise use all such information. Subject to compliance with Section 3 (Security and Confidentiality of Records), the Consultant may publish and/or use the reports, information, data, computer data elements and software prepared in the performance of the agreement for its non-commercial, educational and research purposes only, provided, however, that no such information shall be disclosed without the prior consent of the District.

3. Security and Confidentiality of Records. District facilities are critical public infrastructure. Certain information the District must provide to the Consultant for the Consultant to perform its work is very security sensitive. The Consultant will strictly comply with District written security protocols provided by the District to the Consultant and these written security protocols may be changed from time to time by the District. Such protocols

Agreement (Cultural Resource Mitigation) Page 4 of 11 may include, but are not limited to, restrictions of numbers of copies to be kept in any form by the Consultant, the form of the information storage, the security precautions to be followed, restrictions as to who may have access to information, the confidentiality agreement to be signed by individuals before they may be given access, the methods and means by which copies of information will be destroyed upon completion or termination, the methods and means by which destruction will be verified to the District, the steps that will be taken by the Consultant in the event of any breach or suspected breach of security or security protocols. District security protocols and any changes which are provided to Consultant will be immediately complied with by the Consultant. The Consultant will notify the District immediately if the Consultant has concerns or questions regarding such protocols or changes to protocols. In the event the District has not provided written security protocols, the Consultant shall establish, maintain, and strictly comply with procedures and controls that are acceptable to the District for the purpose of assuring that no information contained in the Consultant’s records or obtained from the District or others in the course of carrying out its functions under this Agreement shall be used or disclosed by it, its agents, officers, or employees, except as is essential to the performance of duties under this Agreement. Persons requesting such information from the Consultant shall be referred to the District for access to records in compliance with the Utah Government Records and Management Act. If the performance of duties under this Agreement requires the Consultant to disclose information other than as is set forth in this section, prior to doing so, the Consultant shall apply to the District for written permission to make such disclosure.

4. Independent Contractor. Both parties hereto agree that the Consultant shall be deemed an independent contractor in the performance of this Agreement, and shall obtain and maintain all licenses, permits, and authority necessary to do business and render services under this Agreement and shall comply with all laws regarding unemployment insurance, disability insurance, and workmen’s compensation. As such, the Consultant shall have no authorization, express or implied, to bind the District to any agreement, settlement, liability, or understanding whatsoever, and agrees not to perform any acts as agent for the District, except as expressly set forth herein.

Compensation stated herein shall be the total amount payable to the Consultant by the District. The Consultant shall be responsible for the payment of all income tax and social security amounts due as a result of payments received for the District for these contract services. Persons employed by the District and acting under the direction of the District shall not be deemed to be employees or agents of the Consultant.

5. Subcontracts. Unless otherwise provided by the terms of this Agreement, the Consultant shall not subcontract with any other party for the furnishing of any of the work or services contracted for herein without the prior written approval of the District. <<Presently approved subcontractors associated with this project include *>>.

When authority to subcontract is granted, the Consultant agrees to use written subcontracts drawn in conformity with Federal and State laws which are appropriate to the activity covered by the subcontract, which shall include all of the general provisions set forth herein and which shall apply with equal force to the subcontract as if the Subcontractor were the Consultant referred to herein. The Consultant is responsible for contract performance whether or not subcontractors are used. The Consultant shall submit the name of each subcontractor which the Consultant intends to hire and, if requested, a copy of each subcontract to the District for approval at least twenty

(20) days prior to its effective date.

6. Record Keeping, Audits, and Inspections. The Consultant and any subcontractors shall maintain financial and operation records in sufficient detail to document all transactions relating to the disbursement of contract funds.

The Consultant shall make available for audit and inspection all such records relating to Agreement services, requirements, and expenditures until all audits initiated by State and Federal auditors are completed, or for a period of five years from the date of termination of this Contract, whichever is longer, and for such period as is required by any other paragraph of this Contract. Records which relate to disputes, litigation, or the settlement of claims arising out of the performance of this Contract, or to cost and expenses of this Agreement as to which exception has been taken by the District, shall be retained by the Consultant until disposition has been made of such disputes, litigation, claims, or exceptions.

7. Completeness and Accuracy. The Consultant shall be solely responsible for the completeness and accuracy of all of its final work product, including, but not limited to, plans, supporting data, and technical specifications prepared pursuant to this Agreement. The Consultant shall be responsible to the District for any error or omission by any of its employees, subcontractors, or suppliers. The Consultant shall correct all errors or omissions at its own expense. This provision is not intended to prevent the Consultant from seeking reimbursement or indemnity from any employee, subcontractor, or supplier. Any additional cost or damages incurred by the District as a result of such errors or omissions shall be the responsibility of the Consultant.

Agreement (Cultural Resource Mitigation) Page 5 of 11

8. Indemnification and Insurance. In no event will any fault of the Consultant or the Consultant’s employees or contractors be reapportioned to the District or its officers, Trustees, or employees. The Consultant will indemnify and hold the District and its officers, trustees, or employees from any such reapportionment of fault.

Consultant agrees to unconditionally and absolutely defend, indemnify, save harmless, and release the District and all its officers, agents, volunteers, and employees from and against any and all loss, injury, damages, debts, obligations, claims, demands, encumbrances, deficiencies, costs, penalties, suits, proceedings, expenses whether accrued, absolute, contingent or otherwise, including, without limitation, attorney’s fees and costs (whether or not suit is brought) and other liabilities of every kind, nature, and description arising out of the performance of this Agreement but not for claims arising from the District’s sole negligence. This indemnification obligation shall survive any termination of this Agreement. The right of indemnification provided herein shall be in addition to any rights to which the District may otherwise be entitled.

The Consultant, at its own cost and expense, shall secure and maintain policies of insurance in accordance with Exhibit C. The indemnification obligation provided herein shall not be limited in any way by the obligation to maintain insurance.

9. Payment.

a. Release of Payment. The District will not authorize payment to the Consultant that exceeds an amount specified in this Agreement without an approved amendment to the Agreement. The District may, at its option, withhold final payment under the Agreement until receipt of all final reports and deliverables.

b. Availability of Funds. Implementation of this Agreement shall be subject to the availability of appropriated funds. The District may cancel or suspend this Agreement without penalty if adequate funds are not appropriated or received.

c. Waiver of Claims. Prior to acceptance of final payment, the Consultant shall submit in writing to the District any known claim that the Consultant or any of the Consultant’s employees, subconsultants, or subcontractors may have against the District or any of its employees. The acceptance of final payment by the Consultant will constitute a waiver of any such claim other than those claims previously made in writing and submitted to the District. The Consultant shall hold the District harmless from any claims, including costs and attorneys’ fees, by any of Consultant’s employees, subconsultants, or subcontractors which are not made in writing prior to acceptance of final payment. The tendering of final payment by the District will not constitute a waiver of any claim the District might have against the Consultant, whether known or unknown at the time such payment is made.

10. Term. This Agreement shall remain in effect until the completion of the mitigation, unless otherwise terminated pursuant to Paragraph 12 herein. The Parties hereto anticipate that the mitigation will be completed by <<date>>.

11. Time is of the Essence. Time is of the essence with regard to this Agreement as to each covenant, term, condition, representation, warranty and provision hereof.

12. Termination. The District reserves the right, at its discretion, to terminate this Agreement, or to abandon any portion of the services provided under this Agreement at any time. In the event District terminates this Agreement or abandons any portion of the work hereunder, the District shall notify the Consultant in writing.

Immediately upon receipt of such notice, the Consultant shall discontinue services as directed by the District and deliver to the District all drawings, technical specifications, hard copy and electronically stored information, computer programs and data, estimates, and any other documents or items of information, in whatever form or media, developed or gathered by the Consultant in the performance of this Agreement, whether entirely or partially completed, together with all materials supplied by the District. The Consultant shall document its services through the termination date and submit such documentation to the District for its evaluation. The Consultant shall receive compensation for services performed up through the date of termination or abandonment.

13. Compliance with Laws.

a. Laws and Regulations. Any and all actions performed pursuant to this Agreement will comply fully with all applicable Federal, State and local laws and regulations.

Agreement (Cultural Resource Mitigation) Page 6 of 11

b. Boycott Restrictions. Pursuant to Utah Code Annotated Section 63G-27-201, the Consultant certifies that it is not currently engaged in a boycott of the State of Israel or an economic boycott.

The Consultant agrees not to engage in a boycott of the State of Israel for the duration of this Agreement. The Consultant agrees to notify the District in writing if it begins engaging in an economic boycott.

c. Equal Opportunity Clause. The parties shall abide by applicable provisions of state and federal law, including executive orders, that prohibit discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, national origin, sex, age or disabilities and that prohibit sexual harassment in the workplace.

14. Rights and Obligations.

a. No Third-Party Beneficiaries. This Agreement is not intended to be a third-party beneficiary contract for the benefit of any third parties, including but not limited to any customer of any party, and no such persons shall have any right of subrogation or cause of action against any party for any breach or default by any party hereunder. In addition, no third parties shall have any rights hereunder that would, in any way, restrict the parties’ right to modify or renew this Agreement at any time or in any manner. Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement.

b. Binding on successors in interest. This Agreement shall bind the parties hereto and their successors, heirs, assigns and representatives.

c. Assignment. No rights or obligations of the Consultant under this Agreement shall be assigned without the prior written consent of the District. This Agreement is voidable and subject to immediate cancellation by the District upon the Consultant’s becoming insolvent, or filing proceedings in bankruptcy or reorganization under Title XI, United States Code.

15. Disputes.

a. Default. Except as specifically provided for herein, a default by any party in an obligation set forth herein shall not result in, or be the basis for, the termination or rescission of this Agreement.

b. Waiver. The waiver by any party to this Agreement of a breach of any provision of this Agreement shall not be deemed to be a continuing waiver or a waiver of any subsequent breach, whether of the same or any other provision of this Agreement. Any waiver shall be in writing and signed by the waiving party.

c. Rights and Remedies. The parties shall have all rights and remedies provided under applicable Federal or State law for a breach or threatened breach of this Agreement. These rights and remedies shall not be mutually exclusive, and the exercise of one or more of these rights and remedies shall not preclude the exercise of any other rights and remedies. Each party confirms that damages at law may be an inadequate remedy for a breach or threatened breach of any provision hereof and the respective rights and obligations of the parties hereunder shall be enforceable by specific performance, injunction, or other equitable remedy.

16. Governmental Immunity. Nothing in this Agreement shall be construed to waive the governmental immunity of the District.

17. Execution.

a. Authorization. Each individual executing this Agreement does represent and warrant to each other so signing (and each other entity for which another person may be signing) that he or she has been duly authorized to sign this Agreement in the capacity and for the entities set forth where he or she so signs.

b. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

c. Inducement. The making and execution of this Agreement has not been induced by any representation, statement, warranty, or agreement other than those herein expressed.

Agreement (Cultural Resource Mitigation) Page 7 of 11

d. Necessary Acts and Cooperation. The parties hereby agree to do any act or thing and to execute any and all instruments required by this Agreement and which are necessary and proper to make effective the provisions of this Agreement.

18. Interpretation.

a. Recitals. The Recitals contained in this Agreement are incorporated into the Agreement.

b. Paragraph Headings. The paragraph and subparagraph headings used herein are for convenience only and shall not be considered in the interpretation of this Agreement.

c. Number and Gender. The singular shall be interpreted as the plural, and vice versa, if such treatment is necessary to interpret this Agreement in accord with the manifest intention of the parties hereto. Likewise, if either the feminine, masculine or neuter gender should be one of the other genders, it shall be so treated.

d. Ambiguities. This Agreement has been negotiated and drafted by all parties hereto and the general rule of contract construction that ‘ambiguities shall be construed against the draftsman’ shall have no application to this Agreement.

e. Partial validity. If any portion of this Agreement shall be held invalid or inoperative by a court of competent jurisdiction, then insofar as is reasonable and possible:

i. The remainder of this Agreement shall be considered valid and operative, and,

ii. Effect shall be given to the intent manifested by the portion held invalid or inoperative.

f. Integration. All agreements heretofore made in the negotiation and preparation of this Agreement between the parties hereto are superseded by and merged into this Agreement, no statement or representation not embodied herein shall have any binding effect upon the parties hereto and there shall be no amendments hereto except those in writing signed by the parties hereto.

19. Compliance with other contracts. Consultant shall comply with all applicable terms and conditions of contracts, cooperative agreements, grants or other funding agreements entered into by the District with other agencies which provide funding for payment for services rendered under this Agreement.

20. Utah Law to Govern. This Agreement has been drawn and executed in the State of Utah. All questions concerning the meaning, intention and enforcement of any of its terms or its validity shall be determined in accordance with the laws of the State of Utah. In any dispute jurisdiction and venue shall be in the Fifth Judicial District Court for Washington County, State of Utah.

21. Notice. Any notice to be given or payment to be made hereunder shall have been properly given or made when received by the District or the Consultant through the District’s project delivery system Kahua, , or when deposited in the United States mail, certified or registered, postage prepaid, addressed as follows:

WASHINGTON COUNTY WATER CONSERVANCY DISTRICT

ATTN. REUSE PROGRAM MANAGER

533 EAST WATERWORKS DRIVE

ST. GEORGE, UTAH 84770

[NAME OF CONSULTANT]

ATTN. [NAME OF CONTACT]

[ADDRESS]

[CITY, STATE ZIP]

22. Exhibits. The following exhibits attached hereto are incorporated herein by this reference.

Exhibit A – Scope of Work Exhibit B – Proposal Exhibit C – Insurance Requirement

Agreement (Cultural Resource Mitigation) Page 8 of 11

Exhibit A

SCOPE OF WORK

Agreement (Cultural Resource Mitigation) Page 9 of 11

Exhibit B

PROPOSAL

Agreement (Cultural Resource Mitigation) Page 10 of 11

Exhibit C

INSURANCE AND BOND REQUIREMENTS FOR

PARTIES ENTERING INTO AGREEMENTS WITH WASHINGTON COUNTY WATER

CONSERVANCY DISTRICT

Consultant shall maintain, at no cost to the District, the following insurance, and provide evidence of compliance satisfactory to District.

A. MINIMUM LIMITS OF INSURANCE

Except as approved in writing by District in advance, Consultant and all of Consultant’s Sub-consultants shall maintain limits no less than:

1. GENERAL LIABILITY (including claims arising from: premises-operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract.):

i. Comprehensive general liability insurance :

1. $3,000,000 Aggregate

2. $1,000,000 Per Occurrence

ii. Property Damage

1. $1,000,000

iii. Professional Liability:

1. $3,000,000 Aggregate

2. $2,000,000 Per Occurrence

B. DEDUCTIBLES AND SELF-INSURED RETENTIONS

Any deductibles or self-insured retentions (SIRs) must be declared to and approved by the District in writing. At the option of the District, either; the insurer may be required to reduce or eliminate such deductibles or SIRs as respects the District, its trustees, officers, and employees as additional insureds; or the Consultant may be required to procure a bond or other instrument guaranteeing payment of losses and related investigations, claim distribution, and defense expenses of the District, its trustees, officers, and employees as additional insureds.

The District does not ordinarily approve deductibles in an amount exceeding 2.5% of the required minimum limits described above or $50,000, whichever is less. The District does not ordinarily approve SIRs in an amount exceeding 1.0% of the required minimum limits described above or $20,000, whichever is less. With respect to any deductible or SIR, the Consultant shall pay for costs related to losses, investigations, claim distribution, and defense expenses of the District, its trustees, officers, and employees as additional insureds that would otherwise be covered by an insurer under the coverages described in these insurance requirements if no deductible or SIR existed.

C. ACCEPTABILITY OF INSURERS

Insurance and bonds are to be placed with insurers admitted in the State of Utah with a Bests' rating of no less than A-, ii, and in the limits as listed in this document, unless approved in writing by the District.

D. VERIFICATION OF COVERAGE

Consultant and all of Consultant’s Sub-Contractor’s shall furnish District with certificates of insurance and with original endorsements effecting coverage required

Agreement (Cultural Resource Mitigation) Page 11 of 11 by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be provided on forms acceptable to the District before work commences. District reserves the right to require complete, certified copies of all required insurance policies, with all endorsements, at any time. Consultant shall provide an insurance certificate and an endorsement evidencing compliance with this provision at least annually. From time to time District may increase the requirement for a liability limit by providing reasonable written notice to Consultant of such a change.

ATTACHMENT C

CLAIM OF BUSINESS CONFIDENTIALITY

2025R-GRAMA Business Confidentiality Claim

Washington County Water Conservancy District- Procurement

Business Request for GRAMA Business Confidentiality Claim Note: Utah Code § 63G-2-305(1) states that trade secrets can be protected if the person submitting the trade secret provides the governmental entity with a confidentiality claim. Likewise, Utah Code § 63G-2-305(2) states that commercial financial information can be protected if disclosure could reasonably be expected to result in unfair competitive injury to the person submitting the information, and that person has provided a confidentiality claim. Confidentiality claims are described in Utah Code § 63G-2-309. A claim must include a concise statement of reasons supporting the claim and must be submitted with the information requested to be protected.

A claimant MUST submit a redacted and non-redacted version of their proposal. The entire proposal may NOT be redacted.

Washington County Water Conservancy District, Procurement, will not redact a proposal on behalf of a claimant if they fail to upload a redacted copy of their proposal.

Claimant information:

Company name:

Details about confidentiality claim: Date:

This claim applies to records submitted to: Reason for submission:

Confidentiality request applies to: (page, paragraph, reason)

Following is a concise statement of reasons supporting this confidentiality claim:

Note: Making a confidentiality claim does not guarantee protected classification if government receives a records request.

Signed: Date:

Address:

City/State/Zip:

Name of company representative:

Email address:

Telephone number:

2025R-GRAMA Business Confidentiality Claim

CONTINUATION PAGE (use if needed)

This claim applies to records submitted to: Reason for submission:

Confidentiality request applies to: (page, paragraph, reason)

Following is a concise statement of reasons supporting this confidentiality claim:

Washington County Water Conservancy District- Procurement

Cost Proposal