1-Request for Proposals 13MAR2026.pdf

REQUEST FOR PROPOSALS

FOR DESIGN SERVICES

Red Pine Dam Rehabilitation

512700053

March 2026

1805 West 500 South Salt Lake City, Utah slc.gov/utilities

REQUEST FOR PROPOSALS

Salt Lake City Department of Public Utilities (SLCDPU) is seeking proposals from qualified firms to provide expertise and professional engineering services for the Red Pine Dam - Rehabilitation (Project). The engineering services will include condition assessment, literature review, preliminary and final engineering design services, bidding services and services during construction for the proposed Project. The following information is intended to provide additional instructions and information regarding this Request for Proposals (RFP) along with a schedule and other requirements for submitting a proposal.

INTRODUCTION AND BACKGROUND

Salt Lake City Department of Public Utilities (SLCDPU) is a division of Salt Lake City.

SLCDPU provides water, sewer, streetlights and stormwater utilities. This request for proposals will focus on a storage reservoir (dam) owned by SLCDPU

It is the desire of SLCDPU to develop and enact a rehabilitation plan for Red Pine Dam (The Dam). The development of the plan may include a review of previous engineering studies, a condition assessment of The Dam and its appurtenances, the operation of The Dam, cultural and environmental conditions, and interaction with stakeholders. The plan shall include proposed projects and a project schedule. Expected tasks may include the pre-design and design of rehabilitation projects, construction services for said projects, permitting, assistance with grant compliance, hazard mitigation documentation, assistance with public outreach, revising of Standard operating plans and Emergency action plans for The Dam.

SLCDPU owns Red Pine Dam (the Dam) which is on Red Pine Creek, a tributary of Little Cottonwood Creek, in Littler Cottonwood Canyon, Salt Lake County, Utah. Built at an elevation of about 9400’, The Dam impounds waters of the upper reach of Red Pine Creek in Red Pine Reservoir. Red Pine Reservoir provides raw water storage for the Little Cottonwood Treatment Plant, and supplemental irrigation water to meet SLCDPU’s water exchange agreements. The dam is in operation when not snow-bound, generally July to October each year.

The Dam is in the Lone Peak Wilderness where mechanized transportation, heavy equipment, and power tools are prohibited without special permissions from the US Forrest Service. The Dam is usually accessed by walking a 3 ½ mile steep hike with a 2000’ elevation gain.

The Dam was constructed in 1926 by the Little Cottonwood Irrigation Company. SLCDPU acquired the Dam and its lake in 1994. In 2018 the Dam was overtopped in the spring; the crest of the core wall became “notched”, and the downstream shell had a partial failure.

Repairs were made to the Dam in 2019; the top of the core wall was grouted to make an even crest, chain-link metal. Cobble filled bags were placed on the downstream shell to replace lost stone and the inlet of the outlet was repaired.

Several studies have been done for the Dam, these include:

• Plans and Drawings for Red Pine Dam and Wasteway, Lyman and Pack, 1916

• Map and Profile and Detail Drawings, Mosher F. Pack, 1926

• Engineering compliance Evaluation for Red Pine Dam, Dames and Moore, 2000

• Red Pine Dam, Design Recommendations, RB&G Engineering, Inc., 2013

• Geotechnical Data Report Red Pine Dam, RB&G Engineering Inc., 2016

• Red Pine Dam, Technical Memorandum, RB&G Engineering, 2017

• Dam Asset Management Program, Red Pine Dam - Phase 2 Report, RB&G

Engineering Inc., 2019

The June 2017 technical memorandum by RB&G Engineering identified the following deficiencies, which this project should correct:

• Seepage gradients are sufficiently high enough to result in piping upstream materials

• near the left abutment of the dam.

• The rubble concrete core has deteriorated over time.

• The outlet does not have an upstream control gate, as required by Utah State Dam

• Safety.

o The reservoir does not have a permanent staff gauge, as required by Utah State Dam o Safety.

o The dam and spillway may not be able to safely pass the design flood event.

SLCDPU is requesting a scope of services to provide design services to remediate the identified dam safety deficiencies.

SLCDPU anticipates having a High Hazard Potential Dams (HHPD) grant from the Department of Homeland Security to help pay for this work.

All work needs to be completed by May of 2027.

SCOPE OF WORK

Task 1 – Initial Activities, Coordination and Project Management This task will include:

• Review of previous engineering studies and plans, previous projects, condition assessment, review of the standard operating procedure and operation of the dam, seepage study, Salt Lake County’s (SLCO) Hazard Mitigation plan, public outreach stakeholder identification and the existing Dam Asset Management Program (DAMP).

• A kickoff meeting in June of 2026 to coordinate the work as a project team. This meeting should include a site visit to Red Pine Dam.

• Identification of Stakeholders.

• Identifications of Required Permits.

• Monthly progress meetings, at least two progress meetings should be in person and possibly at the Dam.

• Progress Reporting

• Coordination with subconsultants, Utah Dam Safety, US Forrest Service and other Stakeholders.

• Planned projects to correct deficiencies

Deliverables associated with Phase 1 would include:

1. Meeting minutes.

2. Technical memorandums.

3. List permits required, permitting requirements and permit timeline.

4. Meeting or meetings to discuss the draft technical memorandums

5. Final Technical memorandums including proposed projects and proposed project schedule.

6. Preliminary Cost Estimates for Projects.

Task 2 – 30 % Design This task will start upon SLCDPU’s acceptance of the proposed projects from Task 1.

The Work shall include the following subtasks:

1. Gather and review additional, available information relevant to the project.

2. Field work if necessary. Field work requiring drones, drills or other mechanized means will need a wilderness exception from the US Forrest Service.

3. Preparation and submission of 30% Design Drawings and Specifications.

Task 3 – 60 % Design This task will start with SLCDPU’s acceptance of 30% design developed in Task 2.

It is expected that the 60% design will include design calculations, evaluations, drawings, details and specifications to refine the 30% design. Deliverables expected are updated drawings, specifications and a 60% design memorandum presenting supporting calculations and evaluations performed to develop the 60% design.

Task 4 – 90 % Design This task will start upon SLCDPU’s acceptance of 60% design developed in Task 3.

The 90% design will be prepared for submission to the State of Utah Dam Safety Section following review and approval by SLCDPU.

The 90% design submission will include all drawings, and specifications required for outside agency review. The specifications will be submitted in SLCDPU and APWA format. A design report containing all assumptions, calculations and other supporting documentation will be submitted.

Task 5 – Final Design Following the receipt of comments from Utah State Dam Safety, SLCDPU and other stakeholders, a final design package will be prepared. The package should include all drawings, project specific specifications, project manual and revisions to the design memorandum if necessary.

Task 6 – Permitting This task includes preparation and submission for review to SLCDPU of all required permit applications and supporting documentation and assistance to SLCDPU in application process. The work may include draft applications, final applications, meeting attendance, site visits with outside agencies and other permitting activities.

Anticipated permits are:

• US Forrest Service Use Permit

• US Forrest Service Wilderness Exception

• State of Utah Dam Safety Permission to Work on the Dam

• Stream Alteration Permit

If Required:

• USCOE permit

• Metropolitan Service District Building Permit

Task 7 – Construction Services Construction Services are not in the scope of this RFP. SLCDPU may increase the scope of this project to include construction Services through Agreement Amendment, if determined amiable to both parties.

Task 8 – Post Construction Services Post Construction Services are not part of this RFP but may be added to the scope of the project by Agreement Amendment at a later date, if determined as a needed service. The post-construction services may include, but are not limited to, an updated Emergency Action Plan, Operation and Maintenance Manual, and Filling Plan (if applicable) which will be required to be provided at the end of construction.

AVAILABLE PROJECT INFORMATION

Additional project information can be provided during the procurement period, upon request, with an email submission of the Homeland Security Request for Data Form (Attachment B) to SLCDPUEng@slc.gov.

Once approved, the following reports will be securely emailed to the person listed on the Homeland Security Request for Data Form submission:

• Map and Profile and Detail Drawings, Mosher F. Pack, 1926

• Engineering Compliance Evaluation for Red Pine Dam, Dames and Moore, 2000

• Red Pine Dam, Design Recommendations, RB&G Engineering, Inc., 2013

• Geotechnical Data Report Red Pine Dam, RB&G Engineering Inc., 2016

• Red Pine Dam, Technical Memorandum, RB&G Engineering, 2017

• Dam Asset Management Program, Red Pine Dam - Phase 2 Report, RB&G

Engineering Inc., 2019

SUBMISSION REQUIREMENTS

For the Proposal to be considered, submit it no later than 2:00 PM on Friday, March 27, 2026, through the Utah Public Procurement Place (U3P) project site.

Instructions: (1) Compile your cover sheet, proposal criteria responses, and any other correspondence into a single PDF file. A separate the PDF file containing the “Cost Proposal” will be uploaded as a separate document. (2) Upload both files for this event, using the Utah Public Procurement Place website. Responses must be uploaded as an electronic submission via U3P by the time and date specified. (3) After uploading your response file, offerors MUST go to "Review and Submit" and click "SUBMIT RESPONSE" to complete the process.

Responses are to be submitted as PDFs only. You MAY NOT submit documents that are embedded (zip files), movies, wmp and mp3 files or password protected files, etc. Such actions may cause your proposal to be deemed as "non-responsive".

The Consultant shall use the list of tasks above as a reference for the initial submission.

Consultant’s submission must follow these requirements:

• Submit all required information as defined in the subsection, Content of Submission, in this RFP.

• Submit via U3P, one (1) electronic response in PDF format. Submit a separate PDF file containing the cost proposal.

• Label the submitted Proposal as, “Red Pine Dam – Rehabilitation – SLC Department of Public Utilities” and include the submission deadline date.

• Label the Cost Proposal as, “Red Pine Dam – Rehabilitation – Cost Proposal.”

• Submission deadline is 2:00 PM on Friday, March 27, 2026. Responses received after the 2:00 pm deadline will not be considered.

Content of Submission

The Proposal shall be submitted as a PDF document and shall not exceed five (5) page, 12-point, Times New Roman font; we expect respondents to use their judgement for reasonable margins. Résumés may be attached and are not included in the page limit. The document shall include a cover identifying it as “Red Pine Dam - Rehabilitation– Project No. 512700053, Proposal, SLC Department of Public Utilities”. The cover does not count as one (1) of the five (5) pages. The response shall be signed by an officer or employee of the Consultant authorized to bind the Consultant contractually.

Things that are not included in the maximum page count:

• Resumes

• Cover page

• Cost Proposal described below

• Attachment A Statement

• Exceptions

• Project Schedule

• Electronic Payment Acknowledgement

• Ethics Requirement

It is the consultant’s responsibility to assure delivery of its submittal to SLCDPU prior to or at the designated date and time. Consultants will not be entitled to withdraw or amend their proposals once submitted to SLCDPU.

SLCDPU reserves the right to request clarification of any item in a team’s response or to request additional information necessary to properly evaluate qualifications. All requests for clarification and responses shall be in writing via U3P.

Please provide the following information in the sequence listed below:

• Statement of Interest signed by an official authorized to bind the firm.

• Consultant’s Experience & Qualifications:

o Name of firm or team.

o Describe the team’s organizational structure, the location of the office where each staff member is permanently located to manage this effort, and any other pertinent information.

o Describe the team’s experience in rehabilitating historic dams and work in wilderness areas. The project descriptions should clearly demonstrate the capability of the team to perform the work required by this project.

o Key Personnel Experience and Qualifications:

Provide a brief description of individual experts or each team member’s role, professional experience, and specializations related to the project.

If applicable, identify any of the work you intend to subcontract with others and identify the proposed subcontractors including names, specific assignments, and the qualifications of the subcontracting firm and its key personnel.

Provide the names and contact information of at least three (3) references for your firm’s or team’s professional capabilities in providing similar services requested in this RFP for similar clients of similar size. Also, include dates of performance.

A statement of whether your firm or any of your proposed subcontractors is currently involved in arbitration or litigation for any reason. If so, please elaborate.

A statement of whether your firm or any of your proposed subcontractors have ever filed for reorganization or bankruptcy. If so, please elaborate.

Unique and specialized expertise provided by your firm that will contribute to the project’s success should be highlighted in this section.

• Project Approach o Provide a general description of your approach to performing the project.

In this section, demonstrate an understanding of the type of activities that SLCDPU has proposed, use the Scope of Work as a reference and include a general description of the information/data needs. Include any recommendations to perform the Scope of Work or to support the project goals.

• Provide a duration-based project schedule

• Cost Proposal o Submit a Cost Proposal for all services in a separate electronic file labeled as described above.

o The Cost Proposal must be itemized in U.S. dollars and include hourly wages paid for consultants on the project.

Task 6 – Permitting This task includes preparation and submission for review to SLCDPU of all required permit applications and supporting documentation and assistance to SLCDPU in application process. The work may include draft applications, final applications, meeting attendance, site visits with outside agencies and other permitting activities.

Anticipated permits are:

• US Forrest Service Use Permit

• US Forrest Service Wilderness Exception

• State of Utah Dam Safety Permission to Work on the Dam

• Stream Alteration Permit

If Required:

• USCOE permit

• Metropolitan Service District Building Permit

Task 7 – Construction Services Construction Services are not in the scope of this RFP. SLCDPU may increase the scope of this project to include construction Services through Agreement Amendment, if determined amiable to both parties.

Task 8 – Post Construction Services Post Construction Services are not part of this RFP but may be added to the scope of the project by Agreement Amendment at a later date, if determined as a needed service. The post-construction services may include, but are not limited to, an updated Emergency Action Plan, Operation and Maintenance Manual, and Filling Plan (if applicable) which will be required to be provided at the end of construction.

AVAILABLE PROJECT INFORMATION

Additional project information can be provided during the procurement period, upon request, with an email submission of the Homeland Security Request for Data Form (Attachment B) to SLCDPUEng@slc.gov.

Once approved, the following reports will be securely emailed to the person listed on the Homeland Security Request for Data Form submission:

• Map and Profile and Detail Drawings, Mosher F. Pack, 1926

• Engineering Compliance Evaluation for Red Pine Dam, Dames and Moore, 2000

• Red Pine Dam, Design Recommendations, RB&G Engineering, Inc., 2013

• Geotechnical Data Report Red Pine Dam, RB&G Engineering Inc., 2016

• Red Pine Dam, Technical Memorandum, RB&G Engineering, 2017

• Dam Asset Management Program, Red Pine Dam - Phase 2 Report, RB&G

Engineering Inc., 2019

SUBMISSION REQUIREMENTS

For the Proposal to be considered, submit it no later than 2:00 PM on Friday, March 27, 2026, through the Utah Public Procurement Place (U3P) project site.

o Proposer shall provide its best estimate of all costs associated with the performance of the services specified, including materials for supervision, labor, insurance, transportation, delivery, fuel or other surcharges, and related costs. Charges not listed in the RFP response will not be allowed.

o If there is a conflict between the written and numerical cost amounts, the written amount shall supersede.

• Include a statement indicating that the firm will comply with the terms and conditions of the Professional Services Agreement (Attachment A), including the insurance requirements listed in this document.

• Other Required Information & Materials:

o Exceptions. If you have any exceptions to any of the terms, conditions, or requirements of this RFP or the attached Standard Agreement they must be identified and included in response to this RFP. Exceptions or deviations to any of the terms, conditions, or requirements must not be added to the Proposal pages but must be submitted in a separate document accompanying consultant’s response identified as “Exceptions.” Such exceptions shall be considered in the evaluation and the award processes.

SLCDPU shall be the sole determiner of the acceptability of any exception. Include a response to this item stating whether you have, or have not, included any exceptions.

o Electronic payment. The City is encouraging consultants to accept electronic payments using a process whereby vendors can receive payments and remittance advices electronically. Please provide information relating to: (1) your ability to accept electronic payments and remittance advices; (2) your policy, if any, regarding electronic payments and (3) your discount, if any, for electronic payments.

• Salt Lake City’s Ethics Requirement o Include the following two paragraphs in your response and then add your own written acknowledgement that you have read the paragraphs and agree to comply with their terms.

REPRESENTATION REGARDING ETHICAL STANDARDS FOR SALT LAKE

CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND

EMPLOYEES

The respondent represents that it has not: (1) provided an illegal gift or payoff to a Salt Lake City officer or employee or former City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in the City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in the City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code.

Pursuant to the foregoing, it is the City’s policy that City employees are prohibited from personally accepting gifts, incentives, and marketing or promotional items from suppliers and those suppliers shall not offer such items to City employees. Such offers from suppliers are inappropriate and may result in suspension or debarment of the supplier from the City’s procurement processes.

TENTATIVE SCHEDULE

The anticipated schedule for this project is shown below in the tentative project schedule.

RFP Available on U3P ..................................................................... Friday, March 13, 2026 Technical Proposals Due................................................... 2:00pm, Friday, March 27, 2026 Notification of Selection or Short-Listing ........................................... Friday, April 3, 2026 Possible Interviews .......................................................................... Week of April 5, 2026 Negotiation ................................................................................... . Week of April 12, 2026 Approval to Award the Contract ................................................... Thursday, April 30, 2026 Completion of Pre-Design ......................................................................... September 2026 Completion of Design .......................................................................................... April 2026 Bidding ..................................................................................................... To Be Determined Completion of Construction .................................................................... To Be Determined

SELECTION PROCESS

SLCDPU requests responses from consultants who possess the necessary qualifications, experience, and ability to complete the anticipated Scope of Work.

Complete submissions from interested and qualified consultants will be reviewed by an internal selection committee at SLCDPU. Based on the criteria outlined in this RFP, the committee will determine which consultant team best meets SLCDPU’s objectives. If necessary, interviews will be requested with chosen consultants during the selection process.

SLCDPU will evaluate Proposals based on completeness, qualifications and experience, and overall project value. The specific criteria used to select a firm or team are identified below (selection criteria section).

SLCDPU will be the sole judge as to which RFP submittals best meet the selection criteria.

SLCDPU reserves, at its sole discretion, the right to reject any or all responses received, to waive any submission requirements contained within this RFP, or to waive any irregularities in any submitted response.

The process for the selection of a consulting team or firm will be as follows:

1. Response to RFP: Complete Proposal submissions from interested and qualified consulting teams will be reviewed by an internal committee at SLCDPU.

2. Selection: SLCDPU may award based upon the proposals or may elect to interview any or all of those who respond to the RFP. SLCDPU reserves the right to reject all submissions and not select any consultants for the project.

3. Contract negotiation and award between the selected firm and SLCDPU.

SELECTION CRITERIA

The criteria for selection will be based on the following:

Criteria Weight

1. Consultant’s qualifications and experience with other projects similar in size and scope to the requested services 30

2. Consultant’s project approach. Have they mitigated and identified relevant design challenges? What investigative methods have they proposed? 30

3. Ability to be responsive and available to SLCDPU staff 30

4. Overall Quality of the RFP response. Is it well laid out? Legible? Do they communicate their ideas simply? 10

TOTAL 100

CONFIDENTIALITY

All responses, inquiries, and correspondence relating to this RFP and all reports, charts, displays, schedules, exhibits, and other documentation produced by the bidder that are submitted to the City, as part of the proposal or otherwise, shall become the property of the City when received by the City and may be considered public information under applicable law. The City is subject to the disclosure requirements of the Government Records Access and Management Act, Title 63G, Chapter 2, Utah Code Annotated (“GRAMA”). The City generally considers proposals and all accompanying material to be public and subject to disclosure. Any material considered by the Bidder to be proprietary must be accompanied by a written claim of business confidentiality containing a concise written statement of reasons supporting the claim. Blanket claims that the entire RFP is confidential, will be denied. The City cannot guarantee that any information will be held confidential. If the bidder makes a claim of business confidentiality, the City, upon receipt of a request for disclosure, will determine whether the material should be classified as public or nonpublic, and will notify the Bidder of such determination. The bidder is entitled under GRAMA to appeal an adverse determination. The City is not obligated to notify the bidder of a request to see the bidder’s proposal, and will not consider a claim of confidentiality, unless the bidder's claim of confidentiality is made on a timely basis and in accordance with

GRAMA.

ATTACHMENT A

Sample Agreement

Salt Lake City Department of Public Utilities

SAM

PLE

Service: Red Pine Dam – Rehabilitation (512700053)

Engineer: **Engineer name**

Version Date: March 10, 2026

PROFESSIONAL SERVICES AGREEMENT

(for Design Professionals)

THIS AGREEMENT is dated as the date the CITY RECORDER attests the applicable City signature, which shall be the recordation date, and is between SALT LAKE CITY CORPORATION, a Utah municipal corporation, ("the City") and **Engineer name**, a Utah corporation, whose mailing address is **Engineer address** ("Engineer").

RECITALS

WHEREAS, the City and Engineer desire to enter into an agreement for Engineer to provide services for the work specified below.

WHEREAS, Salt Lake City Public Utilities desires to enter into an Agreement with the Engineer to provide expertise and professional engineering services for the Red Pine Dam - Rehabilitation (“the Project”). The engineering services will include condition assessment, literature review, preliminary and final engineering design services, bidding services and services during construction.

NOW, THEREFORE, in consideration of the foregoing recitals and the following mutual promises and considerations, the parties agree to the following:

TERMS

ARTICLE I. IDENTIFICATION OF THE PROJECT.

A. Service: Red Pine Dam - Rehabilitation ("the Project").

B. Project No.: 512700053.

C. Project addresses: Red Pine Dam, Sandy, UT 84092.

D. Brief description of the Project: Consultant to provide expertise and professional engineering services for the Red Pine Dam - Rehabilitation. The engineering services will include condition assessment, literature review, preliminary and final engineering design services, bidding services and services during construction.

2 Version Date: March 10, 2026

ARTICLE II. ENGINEER SERVICES.

A. Basic Services. Engineer shall perform the "Basic Services", as more fully specified in Exhibit "A."

B. Engineer Representative. Upon execution of this Agreement the Engineer will designate in writing an Engineer's representative who shall have authority to act on behalf of Engineer. This representative shall be a professional Engineer registered in the State of Utah.

The Engineer shall not change Engineer's representative without at least seven (7) days prior written notice to the City. Any replacement for Engineer's representative shall be at least as qualified for the project as the person being replaced.

C. Commencement of Work. The work of Engineer shall begin on the date of execution of this Agreement. If Engineer’s work is scheduled in phases, Engineer shall only commence work on a subsequent phase after receiving written authorization to proceed on that phase from the City, and Engineer shall diligently pursue each phase to completion.

D. Completion. Engineer’s work shall be completed and accepted by May 31, 2027, as specified in Exhibit "A".

ARTICLE III. COMPENSATION.

A. Basic Services. For the Basic Services specified in this Agreement, the City shall pay for actual hours worked and authorized expenses as approved in writing by the City in accordance with the scope and fee provided in Exhibit “A.” The total amount of this Agreement is **FeeTotalSum**.

ARTICLE IV. SERVICE STANDARDS AND QUALITY ASSURANCE.

A. Conformance to Laws. Engineer shall be knowledgeable of, and Engineer and Engineer’s work product for the Project shall conform to all applicable Federal, State, City and other applicable local laws, regulations and ordinances.

B. Quality Assurance. Engineer shall be solely responsible to the City for the quality of all services performed by Engineer or any of its subconsultants under this Agreement. All services furnished by Engineer or its subconsultants shall be performed in accordance with the best professional judgment and skill, in a timely manner and shall be fit and suitable for the purposes intended by the City. The foregoing standard shall not be construed, and is not intended, to require the Engineer to exercise professional skill greater than, or to utilize techniques more advanced than, such as are now generally exercised and utilized by major firms in the same business as the Engineer in the United States.

C. Reasonable Compliance with and Identification of Applicable Service Standards.

Listing of certain standards in this section does not relieve Engineer from complying with all

3 Version Date: March 10, 2026 applicable standards whether or not listed here. Engineer's work on the Project shall comply with:

1. Any special design standards specified in Exhibit "A";

2. The Americans with Disabilities Act;

3. All other applicable building codes, laws or regulations;

4. All applicable City Standards

D. Cost Minimization. Engineer’s work under this Agreement shall always incorporate such designs and practices as reasonably practical to minimize the City's cost for the Project and any ongoing cost of maintenance or operation.

ARTICLE V. INSURANCE AND INDEMNIFICATION.

A. General Insurance Requirements for All Policies.

1. Any insurance coverage required herein that is written on a “claims made” form rather than on an “occurrence” form shall (i) provide full prior acts coverage or have a retroactive date effective before the date of this Agreement, and (ii) be maintained for a period of at least three (3) years following the end of the term of this Agreement or contain a comparable “extended discovery” clause. Evidence of current extended discovery coverage and the purchase options available upon policy termination shall be provided to City.

2. All policies of insurance shall be issued by insurance companies licensed to do business in the state of Utah and either:

a. Currently rated A- or better by A.M. Best Company;

—OR—

b. Listed in the United States Treasury Department’s current Listing of Approved Sureties (Department Circular 570), as amended.

3. Engineer shall furnish certificates of insurance, acceptable to City, verifying the foregoing matters concurrent with the execution hereof and thereafter as required.

4. In the event any work is subcontracted, Engineer shall require its subcontractor, at no cost to City, to secure and maintain all minimum insurance coverages required of Engineer hereunder.

5. All required certificates and policies shall be endorsed as needed to provide that coverage thereunder shall not be canceled or modified without providing, in

4 Version Date: March 10, 2026 a manner approved by the City Attorney, thirty (30) days’ prior written notice to City or ten (10) days’ prior written notice for cancellation due to non-payment of premiums.

B. Required Insurance Policies. Engineer, at its own cost, shall secure and maintain during the term of this Agreement, including all renewal terms, the following minimum insurance coverage:

1. Workers' Compensation and Employer's Liability Workers’ compensation and employer’s liability insurance sufficient to cover all of Engineer’s employees pursuant to Utah law, unless a waiver of coverage is allowed and acquired pursuant to Utah law. In the event any work is subcontracted, Engineer shall require its subcontractor(s) similarly to provide workers’ compensation insurance for all of the latter’s employees, unless a waiver of coverage is allowed and acquired pursuant to Utah law.

2. Comprehensive General Liability Insurance. Commercial general liability (CGL) insurance with a policy endorsement naming Salt Lake City Corporation as an additional insured on a primary and non-contributory basis in comparison to all other insurance including City’s own policy or policies of insurance, in the minimum amount of $1,000,000 per occurrence with a $2,000,000 general aggregate and $2,000,000 product-completed operations aggregate. The policy shall include contractual liability insurance for the indemnity provided under this Agreement. These limits can be covered either under a CGL insurance policy alone, or a combination of a CGL insurance policy and an umbrella insurance policy and/or a CGL insurance policy and an excess insurance policy. The policy shall protect City, Engineer, and any subcontractor from claims for damages for bodily injury, including accidental death, and property damage that may arise from Engineer’s operations under this Agreement, whether performed by Engineer itself, any subcontractor, or anyone directly or indirectly employed by either of them.

Such insurance shall provide coverage for premises operations, acts of independent contractors, products and completed operations.

a. If the policy is issued on a claims-made basis, the policy shall be maintained for a period of one (1) year following the completion of this Agreement or contain a comparable "extended discovery" clause or "tail endorsement".

3. Comprehensive Automobile Liability Insurance. Commercial automobile liability insurance that provides coverage for owned, hired, and non-owned automobiles used in connection with this Agreement in the minimum amount of $1,000,000 per occurrence or $500,000 liability per person, $1,000,000 liability per occurrence, and $250,000 property property damage. These limits can be reached either with a commercial automobile liability insurance policy alone, or with a combination of a commercial automobile liability insurance policy and an umbrella insurance policy and/or a commercial automobile liability insurance policy and an excess insurance policy. If the policy only covers certain vehicles or types of vehicles, such as scheduled autos or only

5 Version Date: March 10, 2026 hired and non-owned autos, Engineer shall only use those vehicles that are covered by its policy in connection with any work performed under this Agreement.

4. Professional Liability Insurance. Professional liability insurance in the minimum amount of $2,000,000 per occurrence with a $2,000,000 annual aggregate limit.

C. Additional Insured and Pre-Cancellation Notice. The insurance policies required above shall contain an endorsement listing Salt Lake City Corporation as an additional named insured (except for the professional liability insurance required in paragraph V.A.1. and workers' compensation required in paragraph V.A.5.) and shall further provide that the policy may not be canceled without thirty (30) days’ prior written notice to the City.

D. Certificates of Insurance. Prior to execution of this Agreement by the City, Engineer shall provide the City with certificates evidencing the coverage described above in a form acceptable to the City Attorney's office.

E. City Continuance of Coverage. If any of the policies of insurance required from Engineer are canceled or lapse, the City may, at the City's sole discretion, obtain substitute coverage at reasonable rates. The City may deduct the cost of such coverage, plus ten percent (10%) for administrative charges, from any monies owing to Engineer.

F. Policies of Insurance. At the City's request, Engineer shall provide the City with the actual policies providing the coverage required above.

G. Quality of Insurance Companies. All policies of insurance provided shall be issued by insurance companies qualified to do business in the State of Utah and listed on the United States Treasury Department's current Department of Treasury Fiscal Services List 470, or having a general policyholder's rating of not less than "A-" in the most current available A.M.

Best Co., Inc.'s, Best Insurance Report.

H. Indemnity. Engineer shall indemnify and hold harmless the City from and against all claims on account of injury to persons, loss of life, or damage to property occurring in connection with the Work that arise out of the breach of contract, negligence, recklessness, or intentional misconduct of Engineer or its agents, servants, or employees, or the negligence of Engineer’s subconsultants; provided, Engineer does not indemnify the City against any injury, loss of life, or damage that is caused by the negligence or willful misconduct of the City, or its’ agents, servants, or employees.

The provisions of this section shall survive the termination of this Agreement and are independent of and not in any way limited by the Insurance requirements of this Agreement.

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ARTICLE VI. CITY'S RESPONSIBILITY.

A. City's Program for the Project. The City has provided to Engineer full information regarding the City's requirements for the Project on Exhibit “A”, which sets forth the City's objectives, constraints and criteria.

B. City's Project Manager. The City has designated Bernard Mo as Project Manager who shall have authority to act on the City's behalf with respect to the Project.

C. City's Performance. The City shall examine documents submitted by Engineer, furnish required information and services, and render approvals and decisions promptly so as to avoid unreasonable delay in the progress of Engineer's services and of the Project.

ARTICLE VII. COMPLETION OF PROJECT.

A. Completion Date of Design. The parties acknowledge that the City intends Engineer to complete Engineer's design as specified in each project scope document as detailed in Exhibit “A”.

B. Engineer Delays in Design. If any negligent, intentional or reckless actions by Engineer in completing the environmental documents and the design study report cause the City to incur costs, Engineer shall be liable to the City for all the City's actual costs and/or damages of every kind caused by Engineer's conduct.

ARTICLE VIII. CONSTRUCTION BUDGET.

A. Construction Budget. The Construction Cost shall be the total cost or estimated cost to the City of all elements of the Project designed or specified by Engineer. Construction Cost does not include the compensation of Engineer and Engineer's sub-consultants, the cost of the land, rights-of-way, or other costs that are the responsibility of the City.

B. No Warranty. Evaluation of the Project budget and Engineer's preparation of Statement of Probable Construction Cost and Detailed Estimate of Construction Cost, represent Engineer's best judgment given its standard of care as specified in Article IV above. The parties acknowledge that neither Engineer nor the City has control over the costs of labor, materials or equipment, over the methods of determining bid prices by Engineers or over competitive bidding, market or negotiating conditions. Accordingly, Engineer cannot and does not warrant or represent that bid or negotiated prices will not vary from the Project budget proposed, or from any cost estimate or evaluation prepared by Engineer.

ARTICLE IX. TERMINATIONS AND DISPUTE RESOLUTION.

A. Convenience Termination by the City. The City may terminate this Agreement at any time for convenience upon seven (7) calendar days written notice.

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B. Termination for Cause by the City. The City may terminate this Agreement for cause if Engineer fails to cure any defect in Engineer's performance of the work under this Agreement within seven (7) calendar days after receiving written notice to cure.

C. Termination by Engineer. If the City materially fails to meet its responsibilities and obligations under this Agreement, Engineer shall notify the City of such failure. If the City fails to cure its material breach, Engineer may, after thirty (30) days written notice, terminate its performance under this Agreement.

D. Payment for Termination. In the event of termination, the City shall pay Engineer as specified in Exhibit "B" for the work delivered and acceptable to the City through the date of termination based on hourly rates and reasonable expenses incurred as determined by the City, less any appropriate damages as the City may determine.

E. Disputes:

1. Compliance with the provisions of this Subsection E shall be a condition precedent to any legal action by Engineer or any of Engineer's subconsultants against the City, or the City's agents, Engineers or employees.

2. The provisions of this Subsection E shall not preclude or limit judicial review of any issues or disputes arising under this Agreement.

3. Prior to seeking any judicial review the parties shall endeavor, in good faith, to resolve any disputes arising under this Agreement pursuant to the following procedures:

a. The City Project Manager shall have the initial responsibility to interpret the requirements of this Agreement.

b. Any decision by the City Project Manager interpreting the requirements of this Agreement may be appealed in writing to the Department Head of the City department responsible for the Project.

c. The City Department Head shall issue a decision within ten (10) days after receiving all information which the Department Head may request as necessary to determine the appeal.

d. Any decision by the City Department Head may be appealed by filing a notice in writing with the City Department Head. Such appeal must be filed within ten (10) days after the City Department Head decision and shall specify in detail the basis for appeal claimed by Engineer.

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e. The City Department Head shall establish a Dispute Committee to hear appeals consisting of three (3) people knowledgeable in the field of design who are professional engineers and are not employed nor affiliated with the City.

f. The City shall present its case prior to deliberations of the Committee. The Engineer shall have the opportunity to fully present its case to the Committee.

g. The Committee may request any other materials and written memorandum necessary to consider the issues and may schedule other proceedings as necessary.

h. The decision of the Committee shall be rendered in writing within fifteen (15) working days from the Committee's final hearing of the issue and receipt of any supplemental materials requested by the Committee.

i. The decision of the Committee shall be a non-binding interpretation of the facts that are the subject of the appeal, subject to any judicial review.

5. Notwithstanding the pendency of any appeal provided above, Engineer shall, if so ordered by the City, comply with all orders of the City concerning the performance of this Agreement.

6. Any decision of the City to terminate the work under this Agreement shall not be subject to the dispute resolution of this Article.

ARTICLE X. OWNERSHIP OF DOCUMENTS.

A. City Ownership. The data used in compiling, and the results of, any tests, surveys or inspection of the Project site, as well as all photographs, drawings, electronically stored records of work performed, renderings, specifications, schedules, data processing output, computations, studies, audits, reports, models and other items of like kind prepared by the Engineer, its employees and Engineers, shall be the sole and exclusive property of the City, and the City shall own all intellectual property rights thereto, whether the Project for which they are made is executed or not. The Engineer may retain reproducible copies of all of the foregoing documents for information and reference and customary marketing and public relations. The originals of all of the foregoing documents shall be delivered to the City promptly upon completion thereof. This provision may be enforced by an order of specific performance and is independent of any other provision of this Agreement. Compliance with this paragraph shall be a condition precedent to the City's obligation to make final payment to Engineer.

B. Other Uses of Documentation. The City shall utilize documents created by Engineer for this Project only and Engineer's liability in connection with their use for

9 Version Date: March 10, 2026 construction purposes shall be limited to the use of such documents for this Project. To the extent permitted by law, the City hereby indemnifies Engineer against any claims arising from the use by the City of the foregoing documents on any other project or on any modification to the Project after completion unless Engineer is employed to perform such modification.

ARTICLE XI. ENGINEER/SUBCONSULTANT RELATIONSHIP. The City acknowledges that Engineer may employ various specialized subconsultants of whom Engineer shall give written notice to the City at least seven (7) days prior to Engineer's employment of the subconsultants to perform portions of the work provided for in this Agreement. It is solely Engineer’s responsibility to ensure that any of Engineer’s subconsultants perform in compliance with the terms of this Agreement. Subconsultants may not be changed without ten (10) days prior written notice to the City.

ARTICLE XII. SAFETY. Engineer agrees to take all necessary safety precautions and comply with all applicable provisions of federal, state and municipal safety laws and building codes to prevent accidents or injury to its employees, agents or subconsultants and to protect other persons on, about or adjacent to the premises where Engineer's work is being performed from any accidents or injuries caused by Engineer, its agents or subconsultants. This safety requirement shall not relieve any contractor performing work on the Project from complying with the safety requirements of their Agreement, nor shall it make Engineer responsible for the contractor’s compliance with the safety requirements. The City Project Manager or designee may stop Engineer’s work if safety laws or safe work practices are not being observed.

ARTICLE XIII. DAMAGE TO PROPERTY. The Engineer shall be responsible for any and all damage to property belonging to the City and the City's tenants to the extent caused by an act or omission of Engineer, its agents or employees. Engineer shall be responsible for repairing said damaged property and shall pay the costs therefor.

ARTICLE XIV. LICENSES. The Engineer agrees to possess and keep all state and local licenses required, current, for the services to be performed herein.

ARTICLE XV. INDEPENDENT CONTRACTOR. Engineer is an independent contractor and not an employee of the City. Except as specifically provided in this Agreement, Engineer has no authority to act on behalf of the City.

ARTICLE XVI. ASSIGNMENT. This Agreement cannot be assigned by either party.

ARTICLE XVII. NOTICES.

A. Regular Notice. Notices to the City provided herein shall be sufficient if sent certified mail postage prepaid, or overnight delivery service for which a delivery receipt is required, addressed to:

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Laura Briefer, Director Salt Lake City Public Utilities 1530 So. West Temple Salt Lake City, Utah 84115 Email: SLCDPUEng@slc.gov

Notices to Engineer, if sent by certified mail postage prepaid or overnight delivery service for which a delivery receipt is required, addressed to:

**Engineer name** **Engineer address** Email: **Engineer fax**

B. Effectiveness of Notice. Notices sent by certified mail or overnight express delivery as provided in subparagraph A above shall be effective on the date on which such notice was sent.

C. Email Notice. Notice may be sent by email. Email notice shall be effective on the date of submission provided that a confirmation receipt establishing the successful submission of the notice is sent by providing a “Delivery Request Receipt” and “Read Request Receipt”, no later than twenty-four (24) hours after the email notice is transmitted.

D. Notice Required. If any notice is required under this Agreement with a period of less than seven (7) days, certified mail and/or by email, as provided in subparagraph (D) above.

E. Saturdays, Sundays and Legal Holidays. If the time for response to any notice expires on Saturday, Sunday or a legal holiday in the State of Utah, the time shall be extended to 5:00 p.m. local time on the next working day.

ARTICLE XVIII. NO THIRD-PARTY BENEFICIARIES. Engineer assumes no duty or responsibility under this Agreement that may be construed as being for the benefit of and/or thereby enforceable by any contractor, subcontractor, sub-subcontractor or any of their surety companies or any other third party. Engineer’s obligations are solely to the City. This Agreement shall confer no third-party rights whatsoever.

ARTICLE XIX. REPRESENTATION REGARDING ETHICAL

STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER

CITY OFFICERS AND EMPLOYEES. The Engineer represents that it has not: (1) provided an illegal gift or payoff to a city officer or employee or former city officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in the

11 Version Date: March 10, 2026 city's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a…