1-RFP Needs Assessment.docx

1020 East Pioneer Road Draper, Utah 84020

2026 Request for Proposal (RFP)

PUBLIC WORKS NEEDS ASSESSMENT

Opening Date: January 6, 2026 10:00 A.M. MT Type: RFP

Questions Deadline: January 24, 2026 2:00 P.M. MT RFP# 26-10

Closing Date: January 29, 2026 2:00 P.M. MT Currency: US Dollar

Draper City Contact Amy Tamamasui 801-576-6333 amy.tamamasui@draperutah.gov

Table of Contents

1.0 RFP Overview

1.1 Introduction

1.2 Background

1.3 Timeline, Amendments and Cancellation

1.4 RFP Questions and Inquiries

1.5 Proposal Submittal

2.0 Project Objectives

2.1 Current Challenges

2.2 Scope of Work, Project Phasing, Deliverables

3.0 Proposal Submission

3.1 Instructions

3.2 Proposal Format

3.3 Experience and Qualifications

3.4 References

3.5 Project Team

3.6 Proposed Approach & Methodology

3.7 Cost Proposal

3.8 Additional Information

3.9 Insurance Requirements

4.0 Proposal Evaluation Procedure

4.1 Weighted Criteria

5.0 Protests of Specifications or Award of Contract

6.0 Award Methodology

7.0 Term of Agreement

Attachment A – Insurance Requirements

Attachment B – Proposal Response Cover Sheet

Attachment C – Terms and Conditions

Attachment D – References Sheet

1.0 Request for Proposal (RFP) Overview:

1.2 Background

A. Draper Utah, is a growing municipality located in the southern of Salt Lake Valley with a population of approximately fifty thousand (50,000). The Public Works Department operates from two locations; the main facility at 72 East Sivogah Court and a satellite facility at 836 E Pioneer Road (shared with the Fire Department, housing mechanics and the solid waste operations).

The Department of Public Works is responsible for the following essential municipal services:

1. Street maintenance and operations

2. Stormwater management

3. Water and utility coordination

4. Fleet management

5. Snow removal

6. Solid waste and recycling

7. Administration

(Note: Engineering services will not be included in this assessment.)

B. With growth-related pressures, increased infrastructure demands, and expectations for high service levels, Draper City seeks a data-driven assessment to inform future decisions regarding:

1. Staffing needs and organizational structure

2. Equipment and fleet replacement needs

3. Facility capacity and long-term expansion

4. Service delivery efficiency

5. Regulatory compliance

1.3 Timeline, Amendments and Cancellation

The following chart presents the timeline for selecting a Contractor for this project.

The deadline for Proposal Submissions is January 29, 2026 at 2:00 p.m. M.T.

Draper City reserves the right to modify this schedule at its own discretion and will notify all prospective Contractors of any changes. The City also reserves the right to amend, cancel, or reissue this RFP at any time. Contractors are responsible for responding to the RFP, including all addenda.

The City is not responsible for late submissions. No proposal will be accepted after the closing date and time. Modifications after the deadline will not be considered unless specifically requested by the City for clarification purposes.

1.4 Questions and Inquiries

All questions regarding this RFP must be submitted via the Q&A Board on the Utah Procurement Place (U3P) website at https://purchasing.utah.gov/for-vendors/

The deadline for questions is January 24, at 2:00 p.m. M.T.

Contractors are responsible for reviewing the entire RFP, seeking clarification on unclear terms, and verifying all information prior to submission.

1.5 Proposal Submittal

This RFP requires “ELECTRONIC REPLY” only via the U3P website at https://utah.bonfirehub.com/.

It is the sole responsibility of the Contractor to ensure the complete proposal is received in U3P before the closing date and time. Late submissions will not be accepted.

Proposers should allow sufficient time for uploading documents, as the process may be time-consuming. Submissions at least 24 hours prior to the deadline are recommended.

Submissions in U3P are secure; no one, including City staff, can view proposals until after the deadline.

For technical assistance with U3P, contact Bonfire support.

2.0 Project Objectives

2.1 Current Challenges

The Public Works Department faces challenges from aging facilities, limited space, and operational inefficiencies. Current infrastructure may not adequately support existing staffing or projected growth in service demands. Workflow and equipment layout constraints hinder productivity and service levels. This assessment will identify gaps and recommend solutions for immediate and long-term facility and operational needs.

2.2 Scope of Work, Project Phasing, Deliverables & Minimum Qualifications

2.2.1 Scope of Work

The following outlines key tasks (not exhaustive). The selected Contractor’s proposal should include specific recommendations based on expertise. The final scope will be refined collaboratively with the City.

A. Department Review

1. Conduct kickoff meeting at Public Works facilities.

2. Review existing documentation, (site plans, building drawings, operational data, staffing levels, fleet/equipment inventories, maintenance logs, zoning constraints, prior studies).

3. Perform site walkthroughs to assess condition, remaining service life, layout, workflow, ADA accessibility, safety, security, and infrastructure capacity.

4. Document constraints, risks, and deficiencies impacting operations.

5. Evaluate site circulation for staff, fleet and public traffic.

B. Operational & Space Needs Analysis

1. Conduct interviews and workshops with each division (e.g., Streets, Water, Stormwater, Solid Waste, Fleet, Administration, etc.).

2. Analyze staffing, workflow, storage needs (fleet, equipment, materials such as salt/aggregates), administrative spaces, and desired adjacencies.

3. Forecast needs over a 10- to 20-year horizon using demographic data and City planning projections.

4. Develop a space needs program (gross square footage for buildings, covered storage, yard space, bays, support areas).

C. Facility Alternatives and Recommendations

1. Identify feasible alternatives (renovation, expansion, phased redevelopment, relocation, new construction).

2. Evaluate alternatives for efficiency, suitability, phasing, environmental impacts, costs, and feasibility.

3. Provide conceptual layouts or site diagrams for recommended alternatives.

4. Develop planning-level cost estimates for capital improvements.

2.2.2 Project Phasing

The project will begin with a detailed needs assessment covering all Public Works functions, including those at the main and satellite sites, and any divisions that should ideally be consolidated. This includes space/function analysis, site analysis, and recommendations.

2.2.3 Deliverables

A. Kickoff Meeting minutes, Project Schedule, Data Inventory Summary B. Existing Conditions Report with photographs and deficiency information C. Space Needs Program & Operational Report/Growth Summary D. Alternatives Analysis Report, including conceptual site layouts and planning level cost estimates E. Draft Needs Assessment Report and presentation to city staff F. Final Needs Assessment Report

2.2.4 Minimum Qualifications

Contractors must demonstrate the following (respond to each in order):

A. At least five (5) years of experience conducting organizational, operational, facility, and/or infrastructure needs assessments for municipal public works or similar public-sector departments.

B. Successful completion of at least three (3) comparable projects in the past seven (7) years for cities, counties, or special districts of similar size/scope/complexity.

C. Key team members with experience managing complex municipal consulting projects (needs assessments, operational reviews, strategic planning), preferably in public works.

D. Ability to analyze and model future growth impacts, staffing, service levels, and facility capacity.

3.0 Proposal Submission

3.1 Instructions

A. Proposals must follow the format outlined herein. Concise responses are preferred; avoid excessive or irrelevant detail.

B. City staff and officials may not comment on or assist in proposal preparation.

C. All communications related to this RFP shall be subject to disclosure pursuant to the Utah Government Records Access and Management Act (GRAMA). Proposals remain protected until award.

1) Experience and Qualifications

2) Project Team

3) Proposed Approach & Methodology

4) Additional Information

5) Cost Proposal (separate section/file)

6) Signed Proposal Response Cover Sheet (Attachment B)

7) Staff member descriptions, experience, and duties (identify assigned team)

8) Current business license

9) Form W-9

10) Current certificate of insurance, (per Attachment A)

Failure to follow this format may result in rejection.

3.3 Experience and Qualifications

1) Overview of the company, history, and relevant experience

2) Similar projects completed within the past five (5) years

3.4 References

Provide three (3) references using Attachment D.

3.5 Project Team

1) Roles, qualifications, and resumes of key personal

2) Identification of subcontractors, if any

3.6 Proposed Approach & Methodology

1) Detailed work plan addressing each scope element

2) Stakeholder engagement plan

3) Proposed project schedule and milestones

3.7 Cost Proposal

1) Itemized fee schedule by task and personal

2) Hourly rate sheet

3) Not-to-exceed total fee

3.8 Additional Information

1) Any value-added services

2) Assumptions, exclusions, or required City Support

3.9 Insurance Requirements

The selected Contractor shall meet the requirements in Attachment A

4.0 Proposal Evaluation Procedure

A. The Evaluation Committee will review compliant proposals. Non-compliant proposals may be rejected.

B. No contact with Draper City Council, Mayor, or staff other than Amy Tamamasui, the Purchasing Agent or designee, regarding this RFP.

C. The Evaluation Committee may invite up to five (5) top-ranked Contractors for interviews/presentations. The purpose of the interview/demonstration is clarification and verification of the submitted proposal. Scores may be adjusted (excluding cost unless a Best and Final Offer, “BAFO”, is requested).

D. Keep cost proposals separate from technical proposals, failure may result in disqualification. All references to cost options must be included on the separate Cost Proposal Sheet.

4.1 Weighted Criteria

All proposals will be evaluated based on the following criteria:

5.0 Protests of Specifications or Award of Contract:

A. Protests must be submitted in writing to the Purchasing Agent.

1. Specifications Protests: Prior to the closing date, with supporting facts.

2. Award Protests: Within ten (10) days of award, with supporting facts.

6.0 RFP Award Methodology

A. Award shall be made to the highest-scoring responsive, responsible Contractor.

B. The Evaluation Committee may award based on written proposals or conduct discussions/BAFO if in the City’s best interest.

C. The City intends to award one Contractor but reserves the right to reject all proposals.

D. To determine which Contractor provides the best value to the procurement unit, the Evaluation Committee shall evaluate proposals that have not been disqualified from consideration under the provisions using the criteria described in this RFP.

E. Contracts are not binding until written approval by the Purchasing Agent or City Manager.

F. The City may reject any and all proposals or waive informalities if in the City’s best interest.

7.0 Term of Agreement:

The City intends to enter into an agreement with the selected Consultant for an initial term of three (3) months, with options to extend as needed to complete ongoing work.

Attachment A:

Insurance Requirements for Professional Services Contracts

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder, and the results of that work by the Contractor, its agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Comprehensive General Liability Insurance on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Auto Liability insurance covering any auto, or if Contractor has no owned autos, hired, and non-owned autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Workers’ Compensation insurance with statutory limits as required by the Workers’ Compensation Act of the State of Utah unless a waiver of coverage is allowed and acquired pursuant to Utah law and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. This requirement does not apply to individuals not employed with a company or other commercial entity.

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, Draper City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Draper City.

Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status Draper City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage shall be provided in the form of an endorsement.

Primary Coverage For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage as respects Draper City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by Draper city, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to Draper City.

Waiver of Subrogation Contractor hereby grants to Draper City a waiver of any right to subrogation, which any insurer of said Contractor may acquire against Draper City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not Draper City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions

Self-insured retentions must be declared to and approved by Draper City. Draper City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.

Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to Draper City.

Claims Made Policies If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage Contractor shall furnish Draper City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Draper City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. Draper City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances Draper City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Notice of Incident or Accident Contractor shall agree to disclose to Draper City, all incidents or occurrences of accident, injury, and/or property damage covered by the insurance policy or policies.

Indemnification Contractor shall indemnify, defend and hold harmless Draper City, its elected officials, officers, agents, employees and volunteers from all damages, costs or expenses in law or equity, including attorney’s fees, that may at any time arise or be set up because of damages to property, bodily injury or personal injury received by reason of or in the course of providing goods and services provided to Draper City which may be occasioned by any willful, negligent or wrongful act or omission of that contracting party, any of their employees or any subcontractors.

ATTACHMENT B

Proposal Response Cover Sheet

RFP 26-10

PUBLIC WORKS NEEDS ASSESSMENT SERVICES

The undersigned, having carefully read and considered the Request for Proposal to provide insurance for Draper City, does hereby offer to perform such services on behalf of the City, in the manner described and subject to the terms and conditions set forth in the attached proposal. Services will be performed at the rates set forth in said proposal.

OFFEROR

Company Name: ___________________________________________________________

Doing business as: [ ] an individual [ ] a partnership [ ] a corporation [ ] LLC

(Mark appropriate box), duly organized under the laws of the State of ____________.

BY: _____________________________________ ____________________________________

(Signature of authorized representative) (Please Print or Type Name)

PRINCIPAL OFFICE ADDRESS:

Street Address_______________________________________________________________________

Office Phone _________________________________ Mobile Phone _____________________ E-mail Address ______________________________________________________________________

TAXPAYER IDENTIFICATION NUMBER:

Employer I.D. No. ________________________ OR Social Security No. ___________________ (Corporation or Partnership) (Individual)

ATTACHMENT C

TERMS AND CONDITIONS

The contract with the successful bidder(s) will contain the following Terms and Conditions. These Terms and Conditions are not negotiable.

1. AUTHORITY: Provisions of this Contract are pursuant to the authority set forth in Draper City’s Municipal Code Chapter 3-3. Mandatory applicable state and federal law and regulations also apply.

2. CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: The provisions of this Contract shall be governed by the laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of this Contract or the breach thereof. Venue shall be in Salt Lake County.

3. RECORDS ADMINISTRATION: The CONTRACTOR shall maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the CONTRACTOR for costs authorized by this contract. These records shall be retained by the CONTRACTOR for at least four years after the contract terminates, or until all audits initiated within the four years, have been completed, whichever is later.

4. AUDIT OF RECORDS: The CONTRACTOR agrees to allow City, State, and Federal auditors, access to all the records to this contract, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment.

5. CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers or employees of Draper City, unless disclosure has been made in accordance with City ordinances and policies. Further, contractor certifies that it has not offered or given any gift or compensation prohibited by local, state, or federal law, to any officer or employee of Draper City to secure favorable treatment with respect to being awarded this Contract.

6. INSURANCE: See Attachment A.

7. CONTRACTOR, AN INDEPENDENT CONTRACTOR: Contractor shall be an independent contractor, and as such shall have no authorization, express or implied to bind Draper City to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for the City, except as expressly set forth herein. The CONTRACTOR shall be responsible for the payment of all income tax and social security amounts due as a result of payments received from the CITY for these contract services. Persons employed by the CITY and acting under the direction of the CITY shall not be deemed to be employees or agents of the CONTRACTOR.

8. INDEMNITY CLAUSE: The CONTRACTOR agrees to indemnify, save harmless, and release Draper City, and all its officers, agents, volunteers, and employees from and against any and all loss, damages, injury, liability, suits, and proceedings arising out of the performance of this contract which are caused in whole or in part by the negligence of the CONTRACTOR'S officers, agents, volunteers, or employees, but not for claims arising from the City's sole negligence. This clause shall survive the termination or expiration of the contract.

9. EQUAL OPPORTUNITY CLAUSE: The CONTRACTOR agrees to abide by the provisions of Title VI and VII of the Civil Rights Act of 1964 (42USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. Also, the CONTRACTOR agrees to abide by Utah's Executive Order, dated June 30, 1989, which prohibits sexual harassment in the workplace.

10. SEVERABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provision of this contract is illegal and void shall not affect the legality and enforceability of any other provision of this contract, unless the provisions are mutually dependent.

11. RENEGOTIATION OR MODIFICATIONS: This contract may be amended, modified, or supplemented only by written amendment to the contract, executed by the parties hereto, and attached to the original signed copy of the contract.

12. DEBARMENT: The CONTRACTOR certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract), by any governmental department or agency. If the CONTRACTOR cannot certify this statement, attach a written explanation for review by the City.

13. SALES TAX EXEMPTION: Draper City’s sales and use tax exemption number is 12605025-002-STC. The tangible personal property or services being purchased are being paid from City funds and used in the exercise of the City’s essential functions. If the items being purchased are construction materials, they will be converted into real property by employees of the City.

14. WARRANTY: The contractor agrees to warrant and assume responsibility for all products or services that it licenses, contracts, or sells to Draper City under this contract for a period of one year, unless otherwise specified and mutually agreed upon elsewhere in this contract. Product liability disclaimers and/or warranty disclaimers from the seller are not applicable to this contract unless otherwise specified and mutually agreed upon elsewhere in this contract. In general, the contractor warrants that: (1) the product or services will do what the salesperson said it would do, (2) the product or services will live up to all specific claims that the manufacturer makes in their advertisements, (3) the product or services will be suitable for the ordinary purposes for which such product is used, (4) the product or services will be suitable for any special purposes that Draper City has relied on the contractor’s skill or judgment to consider when it advised the City about the product or services and in response to the RFP, (5) the product has been properly designed and manufactured, and (6) the product is free of significant defects or unusual problems about which the City has not been warned. Remedies available to Draper City include the following: The contractor will repair or replace (at no charge to the City) the product or services whose nonconformance is discovered and made known to the contractor in writing. The contractor shall repair or replace (at no charge to the City) all non- conforming products and services that the City discovers and makes known to the Contractor in writing. Nothing in this warranty will be construed to limit any rights or remedies Draper City may otherwise have under this contract or provided under the Uniform Commercial Code of the State of Utah.

15. LAWS AND REGULATIONS: At all times during this Contract, Contractor and all Procurement Items delivered and/or performed under this Contract will comply with all applicable federal and state constitutions, laws, rules, codes, orders, and regulations, including applicable licensure and certification requirements. If this Contract is funded by federal funds, either in whole or in part, then any federal regulation related to the federal funding, including CFR Appendix II to Part 200, will supersede this Attachment A.

16. TERMINATION: This Contract may be terminated, with cause by either party, in advance of the specified expiration date, upon written notice given by the other party. The party in violation will be given ten (10) days after written notification to correct and cease the violations, after which this Contract may be terminated for cause immediately and is subject to the remedies listed below. This Contract may also be terminated without cause (for convenience), in advance of the specified expiration date, by Draper, upon thirty (30) days written termination notice being given to the Contractor. Draper and the Contractor may terminate this Contract, in whole or in part, at any time, by mutual agreement in writing. On termination of this Contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved Services ordered prior to date of termination.

17. NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW: Upon thirty (30) days written notice delivered to the Contractor, this Contract may be terminated in whole or in part at the sole discretion of Draper, if Draper reasonably determines that: (i) a change in Federal or State legislation or applicable laws materially affects the ability of either party to perform under the terms of this Contract; or (ii) that a change in available funds affects Draper’s ability to pay under this Contract. A change of available funds as used in this paragraph includes, but is not limited to, a change in Federal or State funding, whether as a result of a legislative act or by order of the President or the Governor.

If a written notice is delivered under this section, Draper will reimburse Contractor for the Services properly ordered until the effective date of said notice. Draper will not be liable for any performance, commitments, penalties, or liquidated damages that accrue after the effective date of said written notice.

18. SUSPENSION OF WORK: Should circumstances arise which would cause Draper to suspend Contractor’s responsibilities under this Contract, but not terminate this Contract, this will be done by written notice. Contractor’s responsibilities may be reinstated upon advance formal written notice from Draper.

19. PUBLIC INFORMATION: Contractor agrees that this Contract, related purchase orders, related pricing documents, and invoices will be public documents and may be available for public and private distribution in accordance with the State of Utah’s Government Records Access and Management Act (GRAMA). Contractor gives Draper and the State of Utah express permission to make copies of this Contract, related sales orders, related pricing documents, and invoices in accordance with GRAMA. Except for sections identified in writing by Contractor and expressly approved by the State of Utah Division of Purchasing and General Services, Contractor also agrees that the Contractor’s Proposal to the Solicitation will be a public document, and copies may be given to the public as permitted under GRAMA. Draper is not obligated to inform Contractor of any GRAMA requests for disclosure of this Contract, related purchase orders, related pricing documents, or invoices.

20. ACCEPTANCE AND REJECTION: Draper shall have thirty (30) days after the performance of the Services to perform an inspection of the Services to determine whether the Services conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Services by Draper.

If Contractor delivers nonconforming Services, Draper may, at its option and at Contractor’s expense: (i) return the Services for a full refund; (ii) require Contractor to promptly correct or reperform the nonconforming Services subject to the terms of this Contract; or (iii) obtain replacement Services from another source, subject to Contractor being responsible for any cover costs.

21. INVOICING: Contractor will submit invoices within thirty (30) days of Contractor’s performance of the Services to Draper. The contract number shall be listed on all invoices, freight tickets, and correspondence relating to this Contract. The prices paid by Draper will be those prices listed in this Contract, unless Contractor offers a prompt payment discount within its Proposal or on its invoice. Draper has the right to adjust or return any invoice reflecting incorrect pricing.

22. PAYMENT: Payments are to be made within thirty (30) days after a correct invoice is received. The acceptance by Contractor of final payment, without a written protest filed with Draper within ten (10) business days of receipt of final payment, shall release Draper from all claims and all liability to the Contractor. Draper’s payment for the Services shall not be deemed an acceptance of the Services and is without prejudice to any and all claims that Draper may have against Contractor. Draper will not allow the Contractor to charge end users electronic payment fees of any kind.

23. TIME IS OF THE ESSENCE: The Services shall be completed by any applicable deadline stated in this Contract. For all Services, time is of the essence. Contractor shall be liable for all reasonable damages to Draper and anyone for whom Draper may be liable as a result of Contractor’s failure to timely perform the Services required under this Contract.

24. CHANGES IN SCOPE: Any changes in the scope of the Services to be performed under this Contract shall be in the form of a written amendment to this Contract, mutually agreed to and signed by both parties, specifying any such changes, fee adjustments, any adjustment in time of performance, or any other significant factors arising from the changes in the scope of Services.

25. STANDARD OF CARE: The Services of Contractor and its Subcontractors shall be performed in accordance with the standard of care exercised by licensed members of their respective professions having substantial experience providing similar services which similarities include the type, magnitude, and complexity of the Services that are the subject of this Contract. Contractor shall be liable to Draper and the State of Utah for claims, liabilities, additional burdens, penalties, damages, or third party claims (e.g., another Contractor’s claim against the State of Utah), to the extent caused by wrongful acts, errors, or omissions that do not meet this standard of care.

26. REVIEWS: Draper reserves the right to perform plan checks, plan reviews, other reviews, and/or comment upon the Services of Contractor. Such reviews do not waive the requirement of Contractor to meet all of the terms and conditions of this Contract.

27. ASSIGNMENT: Contractor may not assign, sell, transfer, subcontract or sublet rights, or delegate any right or obligation under this Contract, in whole or in part, without the prior written approval of Draper.

28. REMEDIES: Any of the following events will constitute cause for Draper to declare Contractor in default of this Contract: (i) Contractor’s non-performance of its contractual requirements and obligations under this Contract; or (ii) Contractor’s material breach of any term or condition of this Contract. Draper may issue a written notice of default providing a ten (10) day period in which Contractor will have an opportunity to cure. Time allowed for cure will not diminish or eliminate Contractor's liability for damages. If the default remains after Contractor has been provided the opportunity to cure, Draper may do one or more of the following: (i) exercise any remedy provided by law or equity; (ii) terminate this Contract; (iii) impose liquidated damages, if liquidated damages are listed in this Contract; (iv) debar/suspend Contractor from receiving future contracts from Draper or the State of Utah; or (v) demand a full refund of any payment that Draper has made to Contractor under this Contract for Services that do not conform to this Contract.

29. FORCE MAJEURE: Neither party to this Contract will be held responsible for delay or default caused by fire, riot, act of God, and/or war which is beyond that party's reasonable control. Draper may terminate this Contract after determining such delay will prevent successful performance of this Contract.

30. WAIVER: A waiver of any right, power, or privilege shall not be construed as a waiver of any subsequent right, power, or privilege.

31. ATTORNEY’S FEES: In the event of any judicial action to enforce rights under this Contract, the prevailing party shall be entitled its costs and expenses, including reasonable attorney’s fees incurred in connection with such action.

32. PROCUREMENT ETHICS: Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to Draper is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan, reward, or any promise thereof to any person acting as a procurement officer on behalf of Draper, or to any person in any official capacity participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization.

33. DISPUTE RESOLUTION: Prior to either party filing a judicial proceeding, the parties agree to participate in the mediation of any dispute. Draper, after consultation with the Contractor, may appoint an expert or panel of experts to assist in the resolution of a dispute. If Draper appoints such an expert or panel, Draper and Contractor agree to cooperate in good faith in providing information and documents to the expert or panel in an effort to resolve the dispute.

34. SURVIVAL OF TERMS: Termination or expiration of this Contract shall not extinguish or prejudice Draper’s right to enforce this Contract with respect to any default or defect in the Services that has not been cured.

35. SEVERABILITY: The invalidity or unenforceability of any provision, term, or condition of this Contract shall not affect the validity or enforceability of any other provision, term, or condition of this Contract, which shall remain in full force and effect.

36. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the parties and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written.

Under Utah Code 63G-27-201, Draper City is prohibited by state law from entering into a contract with a company with 10 or more full-time employees that is currently engaged in a boycott of the State of Israel or an economic boycott. Please provide a certification that the company is not engaged in such boycotts or that your company has fewer than 10 full-time employees. The company agrees not to boycott the State of Israel for the duration of the performance of the agreement. If the company begins to engage in an economic boycott, it must notify the city immediately.

References for: RFP #26-10 PUBLIC WORKS NEEDS ASSESSMENT

Contractors shall provide references on this form

1. Company Name ______________________________________________________________________ Contact Person _______________________________________________________________________ Title __________________________________ E-Mail _________________________________________ Mailing Address ______________________________________________________________________ Phone number (office) ___________________________ (mobile) ___________________________ Type of Services Provided ______________________________________________________________________

2. Company Name _____________________________________________________________________ Contact Person ______________________________________________________________________ Title __________________________________ E-Mail ________________________________________ Mailing Address ______________________________________________________________________ Phone number (office) ___________________________ (mobile) ___________________________ Type of Services Provided ______________________________________________________________________

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