1-Request for Proposals 23JAN2026.pdf

REQUEST FOR PROPOSALS

FOR DESIGN SERVICES

Lee Drain Culvert Replacements

534701259

January 2026

1805 W 500 South Salt Lake City, UT 84104

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 Lee Drain Culvert Replacements (534701259). (Project). The engineering services will include 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 County Flood Control published the Northwest Canal and Creek Study (NWCCS) in April 2022. This study can be found in Attachment B. The Lee Drain was analyzed as part of the NWCCS. The Salt Lake County portion of the Lee Drain conveyance begins downstream of the pump station located at 2955 Andrew Ave. The Lee Drain is a tributary to the Lee Kay Ponds, which is located at 6000 West and 1300 South. Most of the area tributary to the Lee Drain upstream of the Lee Kay Ponds have already developed with Salt Lake City detention requirements of 0.2 cubic feet per second (cfs) per acre for the 100-year storm event. The 100-year storm event was modeled as part of the NWCCS and it was discovered that flooding is predicted within the existing Lee Drain channel/culvert system. Table EX-1 in the NWCCS details the additional capacity required at the existing Lee Drain culvert locations, and Table EX-2 details the conceptual Lee Drain culvert sizes. Salt Lake City Department of Public Utilities (SLCDPU) is the owner of four culverts within the system – Gladiola Street, 4800 West, 5070 West, and 5500 West. In order to adequately contain and convey the 100-year storm event, SLCDPU will be reconstructing the four City-owned culverts to be sized in accordance with the recommendations set forth in the NWCCS. The consultant shall perform pre-design, final design, bidding, and construction services. All four culverts will be designed together. Construction for the four culverts will happen over a three-year time span, assuming sufficient capital funding for each culvert is obtained.

Coordination with Salt Lake County Flood Control will be required throughout the duration of this project. Salt Lake County Flood Control will verify the total carrying capacity for each culvert.

SCOPE OF WORK

EXAMPLE:

Task 1. Pre-Design Services The Pre-Design will define the final project design criteria and elements of success.

Activities and deliverables include:

• Preliminary Design Report – the report will include an existing conditions analysis, hydraulic analysis, project approach, design recommendations, construction constraints, and preliminary cost estimate.

• Modeling Results – Review and update the existing HEC-RAS models to determine the range of flows.

• Survey – Engineer will perform surveying services to confirm control and collect topography and utility information.

• Geotechnical Investigation and Report – Evaluate suitability of soils for culvert construction method, ground water table elevation analysis.

• Third Party Coordination - Review utility connections that will be required on site to identify and understand any third-party requirements. Coordination with third party entities will begin in Pre-Design and continue throughout the duration of the project.

• Property – The City has easements over the Lee Drain culverts at all four locations. Survey will be performed by the engineer.

• Permitting - Review the four culvert locations to identify and understand any permitting requirements. Obtaining all necessary permits will be required as a service throughout the project. Permits required include Salt Lake County Flood Control permit, Salt Lake City Public Way permit, Salt Lake City Traffic Control permit.

• Public Involvement – Provide a Public Involvement Plan, timeline, schedule and plan for implementation. The Engineer will provide support to the City for stakeholder and public outreach throughout the design development.

Deliverables

• Preliminary Design Report

• Geotechnical Report

• Utility Conflict Matrix

• Permitting Matrix

• 30% cost estimate (25% contingency)

Task 2. Design Services Provide design of the project using a 60/90 final design review process:

60% - This task progresses the pre-design by adding details on the pre-design plans and sections and adds plans, sections, profiles, and elevations. When this task is complete, design does not have to include Details, Specifications and some minor design modifications for existing utilities.

Input

• Surveying, design calculations, feasibility analysis and layout

• Information from outside utility companies and other outside agencies is added to the plans

• Final horizontal and vertical design

• Identify conflicts with other utilities

• Special permits and right-of-way/easements obtained

• Preliminary construction staging and traffic control plans

• Development of all appropriate plan sheets

• QC and maintenance review Deliverables

• 60% plans

• 60% cost estimate/budget check (20% contingency)

• Send two sets of plans to maintenance, outside utility companies and other outside agencies to get their utility information. They will be asked to mark one set and return it to us for use in the project design.

• Adjudicated responses to all pre-design review comments.

90% - When this task is complete, design is finalized such that the final project manual includes all plans and specifications.

Input

• Final vertical and design changes implemented

• Final design details implemented

• Final plans and design details produced

• QC review and maintenance approval of design Deliverables

• 90% plans and specifications (Project Manual)

• 90% cost estimate/budget check (10% contingency)

• As a courtesy one plan set is sent to maintenance, outside utility companies and other outside agencies

• Adjudicated responses to all 60% design review comments.

• 100% - Final bid package stamped and sealed and ready for construction Deliverables

• 100% plans and specifications (Project Manual), stamped, sealed by licensed engineers

• Adjudicated responses to all 90% design review comments.

Task 3. Bidding Process Bidding Services – Bidding Services should include preparation of Contract Documents, conduct pre-bid meeting, provide contract document clarification, prepare addendums as required, attend bid opening, complete bid review, prepare bid abstract, and make recommendation of lowest responsible and responsive bidder.

Task 4. Construction-Related Services Construction Services should include:

• Office engineering - submittal review, RFI review, prepare field work orders and change orders.

• Project commissioning including punch list and substantial completion documentation.

• Preparation of as-built drawings and project closeout.

Available Project Information The NWCCS is included in Attachment B. The NWCCS can also be accessed on Salt Lake County Flood Control’s website, at the following link:

https://www.saltlakecounty.gov/flood-control/studies/

SUBMISSION REQUIREMENTS

For the Proposal to be considered, submit no later than 2:00 PM on Friday, February 20, 2026, through the Utah Public Procurement Place (U3P) project site.

Instructions: Compile your cover sheet, proposal criteria responses, and any other correspondence into one single PDF file. A separate PDF file containing the cost proposal will be uploaded as a separate document. Upload your two files for this event using the Utah Public Procurement Place website. Responses must be uploaded and the electronic submission completed by the time and date specified. After uploading your response file, offerors MUST go to "Review and Submit" and click "SUBMIT RESPONSE" to complete the process. Responses submitted electronically through U3P require uploading of electronic attachments. You MAY NOT submit documents that are 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 file “Lee Drain Culvert Replacements – SLC Department of Public Utilities” and the submission deadline date. Label the cost proposal as “Lee Drain Culvert Replacements – Cost Proposal.”

• Submission deadline is 2:00 PM on Friday, February 20, 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 ten (10) pages, minimum 11-point font. Résumés may be attached and are not included in the page limit.

The document shall include a cover identifying it as “Lee Drain Culvert Replacements – Project No. 534701259, Proposal, SLC Department of Public Utilities”. The cover does not count as one of the ten (10) pages. The response shall be signed by an officer or employee of the consultant authorized to bind the consultant contractually.

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 staff will be located to manage this effort, and any other pertinent information.

o Describe the team’s experience and documentable performance of other projects similar in size and scope to the requested services for this project that may include culvert replacement design and construction. 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 description of individual experts or each team member’s professional experience and specializations related to the project, and a summary of each member’s qualifications, education degrees, certifications, professional licenses, etc.

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 perform on this 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 and highlight any outstanding features, including project management strategies and quality control and assurance processes. Include any recommendations to perform the Scope of Work or to support the project goals.

o Provide a project schedule outline.

• 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.

o Proposer shall provide its best estimate of all costs associated with the performance of the services specified, including materials, 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 Service Provider/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 advice electronically. Please provide information relating to: 1) your ability to accept electronic payments and remittance advice; 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.

Advertise in Utah Public Procurement Place…………… January 23 – February 6, 2026 RFP Available ...................................................................... Friday, January 23, 2026 Technical Proposals Due .......................................... 2:00pm, Friday, February 20, 2026 Notification of Selection or Short-Listing ............................... Friday, February 27, 2026 Possible Interviews ............................................................... . Week of March 2, 2026 Negotiation .......................................................................... . Week of March 9, 2026 Approval to Award Contract ................................................. Thursday, March 19, 2026 Completion of Pre-Design .......................................................................... June 2026 Completion of Design ............................................................................ October 2026 Bidding ............................................................................................. November 2026 Completion of Construction .................................................. April 2027 (First Culvert)

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 25

2. Experience and qualifications of key personnel to be involved in the project 25

3. Ability to be responsive and available to SLCDPU staff 25

4. Understanding of potential scope of work 15

5. Overall Quality of the RFP response 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 in a timely basis and in accordance with

GRAMA.

ATTACHMENT A

Sample Salt Lake City Department of Public Utilities

Agreement

Service: Lee Drain – 5500 West Culvert (534701259)

Consultant: **Consultant Name**

Version Date: December 12, 2018

PROFESSIONAL SERVICES AGREEMENT

(for Consultants)

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, a Utah municipal corporation ("the City") and **Consultant name**, a Utah corporation, whose mailing address is **Consultant address** ("Consultant").

RECITALS

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

WHEREAS, Salt Lake City Public Utilities desires to enter into an Agreement with the Consultant to provide SharePoint Project Delivery Site Support project for SharePoint services ("the Project").

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: Lee Drain – 5500 West Culvert ("the Project").

B. Project No.: 534701259.

C. Project addresses: 2955 Andrew Ave, Salt Lake City, UT 84104

D. Brief description of the Project: The purpose of this project is to replace four City-owned culverts along the Lee Drain at the crossings of Gladiola Street, 5500 West, 5070 West, and 4800 West. This work is based on the recommendations of the Northwest Canal and Creek Study (NWCCS), published by Salt Lake County Flood Control in April 2022. The NWCCS modeled the 100-year storm event and determined that these four culverts are undersized and unable to adequately convey the associated flows. The study also identifies the additional capacity required and provides conceptual dimensions for each culvert.

ATTACHMENT A - SAMPLE AGREEMENT

2 Version Date: December 12, 2018

ARTICLE II. CONSULTANT SERVICES.

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

B. Consultant Representative. Upon execution of this Agreement, the Consultant will designate in writing a Consultant's representative who shall have authority to act on behalf of the Consultant. Consultant shall not change the Consultant's representative without at least seven (7) days prior written notice to the City. Any replacement for the Consultant's representative shall be at least as qualified for the project as the person being replaced.

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

D. Agreement Term. This term of this Agreement shall begin on the Recordation Date and shall expire on October 2, 2026, unless earlier terminated as specified in the Agreement.

E. Completion. Consultant’s work shall be completed and accepted by 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. Consultant shall be knowledgeable of, and Consultant and Consultant’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. Consultant shall be solely responsible to the City for the quality of all services performed by the Consultant or any of its subconsultants under this Agreement. All services furnished by the Consultant 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 Consultant

3 Version Date: December 12, 2018 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 Consultant in the United States.

C. Reasonable Compliance with and Identification of Applicable Service Standards. Listing of certain standards in this section does not relieve Consultant from complying with all applicable standards whether or not listed here. Consultant'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. Consultant’s work under this Agreement shall at all times incorporate such 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.

4 Version Date: December 12, 2018

3. Consultant 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, Consultant shall require its subcontractor, at no cost to City, to secure and maintain all minimum insurance coverage required by the Consultant 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 a manner approved by the City Attorney, 30 days’ prior written notice to City or 10 days’ prior written notice for cancellation due to non-payment of premiums.

B. Required Insurance Policies. Consultant, 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 Consultant’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, Consultant 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, Consultant, and any subcontractor from claims for damages for bodily injury, including accidental death, and property damage that may arise from Consultant’s operations under this Agreement, whether performed by the Consultant itself, any subcontractor, or anyone directly or indirectly employed by either of them. Such insurance shall

5 Version Date: December 12, 2018 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 a combined single limit of $1,000,000 per occurrence or $500,000 liability per person, $1,000,000 liability per occurrence, and $250,000 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 hired and non-owned autos, Consultant shall only use those vehicles that are covered by its policy in connection with any work performed under this Agreement.

- OR IF THERE WILL NOT BE ANY VEHICLE OPERATIONS

3. Comprehensive Automobile Liability Insurance. Consultant shall not operate a vehicle in connection with any services rendered under this Agreement. Inasmuch as Consultant agrees not to operate a vehicle in connection with services rendered under this Agreement, City shall not require Consultant to provide commercial automobile liability insurance.

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, Consultant shall provide the City with certificates evidencing the coverage described above in a form acceptable to the City Attorney's office.

6 Version Date: December 12, 2018

E. City Continuance of Coverage. If any of the policies of insurance required by the Consultant are canceled or lapsed, 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 the Consultant.

F. Policies of Insurance. At the City's request, Consultant 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. Consultant agrees to indemnify, save harmless and defend the City, its officers and employees from and against all losses, claims, demands, actions, damages, costs, charges and causes of action of every kind or character, to the extent they are caused by Consultant's intentionally wrongful, reckless or negligent performance hereunder. If the City's tender of defense, based upon this indemnity provision, is rejected by Consultant, and Consultant is later found by a court of competent jurisdiction to have been required to indemnify the City, then in addition to any other remedies City may have, Consultant shall pay the City's reasonable costs, expenses incurred in proving such indemnification, defending itself or enforcing this provision.

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

ARTICLE VI. CITY'S RESPONSIBILITY.

A. City's Program for the Project. The City has provided to the Consultant 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 Matthew Brooks 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 the Consultant, furnish required information and services, and render approvals and decisions promptly so as to avoid unreasonable delay in the progress of Consultant's services and of the Project.

7 Version Date: December 12, 2018

ARTICLE VII. COMPLETION OF PROJECT.

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

B. Consultant Delays in Services. If any negligent, intentional or reckless actions by the Consultant in completing the services cause the City to incur costs, Consultant shall be liable to the City for all of the City's actual costs and/or damages of every kind caused by Consultant'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 the Consultant. Construction Cost does not include the compensation of Consultant and Consultant'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 Consultant's preparation of Statement of Probable Construction Cost and Detailed Estimate of Construction Cost, represent Consultant's best judgment given its standard of care as specified in Article IV above. The parties acknowledge that neither Consultant nor the City has control over the costs of labor, materials or equipment, over the methods of determining bid prices by the Consultants or over competitive bidding, market or negotiating conditions. Accordingly, Consultant 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 the Consultant.

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.

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

C. Termination by Consultant. If the City materially fails to meet its responsibilities and obligations under this Agreement, Consultant shall notify the City of such failure. If the City fails to cure its material breach, Consultant may, after thirty

(30) days written notice, terminate its performance under this Agreement.

8 Version Date: December 12, 2018

D. Payment for Termination. In the event of termination, the City shall pay Consultant 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 damage 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 the Consultant or any of Consultant's subconsultants against the City, or the City's agents, consultants 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 the Consultant.

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

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

9 Version Date: December 12, 2018

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, Consultant 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 Consultant, its employees and consultants, 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. Consultant 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 the Consultant.

B. Other Uses of Documentation. The City shall utilize documents created by Consultant for this Project only and Consultant's liability in connection with their use for construction purposes shall be limited to the use of such documents for this Project.

To the extent permitted by law, the City hereby indemnifies Consultant 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 Consultant is employed to perform such modification.

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ARTICLE XI. CONSULTANT/SUBCONSULTANT RELATIONSHIP. The City acknowledges that Consultant may employ various specialized subconsultants of whom Consultant shall give written notice to the City at least seven (7) days prior to Consultant's employment of the subconsultants to perform portions of the work provided for in this Agreement. It is solely Consultant’s responsibility to ensure that any of Consultant’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. The Consultant 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 the Consultant's work is being performed from any accidents or injuries caused by the Consultant, 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 Consultant responsible for the contractor’s compliance with the safety requirements. The City Project Manager or their designee may stop the Consultant’s work if safety laws or safe work practices are not being observed.

ARTICLE XIII. DAMAGE TO PROPERTY. Consultant 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 the Consultant, its agents or employees. The Consultant shall be responsible for repairing said damaged property and shall pay the costs, therefore.

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

ARTICLE XV. INDEPENDENT CONTRACTOR. Consultant is an independent contractor and not an employee of the City. Except as specifically provided in this Agreement, Consultant 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:

11 Version Date: December 12, 2018

Engineering Contracts Salt Lake City Public Utilities c/o West Campus 1530 So. West Temple Salt Lake City, Utah 84115

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

**Consultant name** **Consultant address** PHONE No. **Consultant phone**

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. Facsimile Notice. Notice may be sent by facsimile. Facsimile notice shall be effective on the date of transmission provided that a confirmation establishing the successful transmission of the notice is sent by first class mail, postage prepaid, along with a copy of the notice no later than 24 hours after the facsimile notice is transmitted.

D. Facsimile Notice Required. If any notice is required under this Agreement with a period of less than seven (7) days, notice shall be sent by facsimile 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. Consultant 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. Consultant’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 Consultant 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

12 Version Date: December 12, 2018 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.

ARTICLE XX. CAPITALIZED TERMS. Terms capitalized in this Agreement that are defined in this Agreement shall have the meaning specified in this Agreement.

Other terms are capitalized solely for convenient reference.

ARTICLE XXI. GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT.

The City is subject to the requirements of the Government Records Access and Management Act, Chapter 2, Title 63, Utah Code Annotated or its successor ("GRAMA"). All materials submitted by the Consultant pursuant to this Agreement may be subject to disclosure unless such materials are exempt from disclosure pursuant to GRAMA. Any materials for which Consultant claims a privilege from disclosure shall be submitted marked as "Confidential" and accompanied by a statement from the Consultant explaining Consultant’s claim of exemption from disclosure. The City will make reasonable efforts to notify Consultant of any requests made for disclosure of documents submitted under a claim of confidentiality. Consultant may, at Consultant's sole expense, take appropriate actions to prevent disclosure of such material.

Consultant specifically waives any claims against the City related to disclosure of any materials required by GRAMA.

ARTICLE XXII. COMPLETE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations or agreements either written or oral, and cannot be altered, amended or modified except in writing signed by both parties.

ARTICLE XXIII. GOVERNING LAW AND VENUE. The laws of the State of Utah shall govern this Agreement, and venue shall be in Salt Lake County, Utah.

ARTICLE XXIV. ELECTRONIC CONSENT AUTHORIZATION. ALL PARTIES

have agreed upon all the terms and conditions within this contractual agreement, therefore, by signing this document electronically, they are acknowledging and giving their expressed consent to the electronic submission and acceptance of all information, documentation, and signatures.

ARTICLE XXV. SIGNATURE AUTHORITY. At the request of the OWNER, the CONSULTANT has provided evidence satisfactory to the OWNER, confirmations that the person executing this Agreement has the required authority to carry out this Agreement. For a corporation such evidence will be in the bylaws or a resolution of the board of directors. For a limited liability company such evidence will be in the operating agreement.

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CONSULTANT NAME

SIGNATORY NAME

SIGNATORY TITLE

SALT LAKE CITY CORPORATION

LAURA BRIEFER

DIRECTOR OF PUBLIC UTILITIES

APPROVED AS TO LEGAL FORM:

CARLY CASTLE

SENIOR CITY ATTORNEY

IN WITNESS WHEREOF, the parties have executed this Agreement Amendment to be effective as of the recordation date.

ATTEST AND COUNTERSIGN:

CITY RECORDER OR CITY RECORDER DESIGNEE

ATTACHMENT B

Northwest Canal and Creek Study

SALT LAKE COUNTY

NORTHWEST CANAL

AND CREEK STUDY

(HAL Project No.: 014.18.100)

FINAL REPORT

April 2022

ATTACHMENT B - NWCCS

ii Salt Lake County Flood Control Northwest Canal and Creek Study

NORTHWEST CANAL AND CREEK STUDY

(HAL Project No.: 014.18.100)

Prepared by:

859 W. South Jordan Pkwy. Ste. 200 South Jordan, UT 84095

(801) 566-5599

April 2022 i

ACKNOWLEDGMENTS

Successful completion of this study was made possible by the cooperation and assistance of many…