2-Water Conservation Plan RFQ.pdf

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SSLC Water Conservation Plan RFQ
Solicitation number
PN 2026-18
Issued by
Salt Lake County, Utah

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This is a Request for Qualifications (RFQ) issued by the City of South Salt Lake Engineering Department for the development of an updated Water Conservation Plan. The City seeks qualified consulting firms to prepare an actionable, data-driven, and implementation-focused plan that builds upon the 2020 Water Conservation Plan while incorporating new strategies to improve water use efficiency, strengthen drought resilience, and reduce reliance on imported water supplies. The project encompasses comprehensive scope including analysis of water use patterns and existing conditions, evaluation of current conservation programs, establishment of updated conservation goals aligned with state and regional targets, identification of demand reduction strategies across indoor, outdoor, industrial, and commercial sectors, rate structure and policy analysis, long-term water supply reliability assessment, development of an implementation plan with phased roadmap, establishment of monitoring and reporting frameworks, public engagement and education components, and integration of parks and grounds drought response planning. Deliverables include a technical memorandum on existing conditions, draft and final water conservation plans, a demand forecasting model in editable format, water loss audit with recommendations, conservation program portfolio with cost-benefit analysis, implementation roadmap and schedule, presentation materials, and drought contingency plan recommendations. Statements of Qualifications must be received by 4:00 p.m. Mountain Time on June 29, 2026, submitted digitally through the Utah Public Procurement Place website (Bonfire) as a single combined PDF. The evaluation period runs from June 30 to July 15, 2026, with the selection decision announced by July 16, 2026. Contract negotiations are expected to be completed by August 12, 2026. The resulting contract will have a term through June 30, 2028.

Proposals must include a four-page Statement of Qualifications (single-sided, minimum 12-point font), plus a separate letter of introduction, rate schedule, and appendix with resumes. The evaluation criteria are weighted equally at 25 percent each for Project Manager/Point of Contact qualifications, Project Team composition, Firm Qualifications, and Consultant Fees. Proposers must provide hourly rates for various firm members and a proposed scope of work. The professional services agreement is substantially similar to a sample engineering services agreement template provided, under which compensation is paid hourly not to exceed an annual cap (specific amount to be determined during negotiations), with monthly invoicing and payment within 30 days. The contractor must maintain complete cost records for five years, carry minimum liability insurance of $2,000,000 per occurrence and $3,000,000 in aggregate with the City as additional insured, and maintain workers' compensation insurance with Part B employer's liability coverage of at least $1,000,000. The contractor must be registered with a State Verification System to verify employee work eligibility. All work products, designs, reports, and documents prepared under the agreement become the property of the City upon payment. The City reserves the right to reject any or all proposals and may negotiate final terms and conditions with the selected firm or firms.

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SSLC WATER CONSERVATION PLAN RFQ

CITY OF SOUTH SALT LAKE

ENGINEERING DEPARTMENT

220 E MORRIS AVENUE, SUITE 300

SOUTH SALT LAKE, UT 84115

JUNE 9, 2026

Table of Content

I. Introduction and Background 1

1. Introduction 1

2. Background and Scope of Work 1

3. Deliverables 4

II. Proposal Requirements 4

III. Evaluation 5

IV. Response Deadline, Submittal, and Inquiries 5

V. Request for Qualifications Timeline 5

VI. Disposition of Proposals, Statements, and Negotiations 6

1. Disposition of Proposals – Public Records 6

2. Verbal Statements or Agreements 6

3. Negotiations 6

VII. Exhibit A Error! Bookmark not defined.

Request for Qualifications: SSLC Water Conservation Plan City of South Salt Lake

I. INTRODUCTION AND BACKGROUND

1. INTRODUCTION

The City of South Salt Lake (“City”) is seeking proposals from qualified consulting firms to prepare an updated Water Conservation Plan that is actionable, data-driven, and implementation-focused. The updated plan will build upon the City’s 2020 Water Conservation Plan and incorporate new strategies to improve water use efficiency, strengthen drought resilience, and reduce reliance on imported water supplies. The selected firm will work closely with SSLC’s

Engineering, Public Works, Communications, and Neighborhoods Departments. Qualified firms are requested to submit a Statement of Qualifications (SOQ) and fee schedule to provide the engineering services outlined in the Scope of Work below. SOQs will be obtained from various firms in order to conduct a fair and extensive evaluation, and the firm(s) that can best achieve the goals and objectives will be selected. Complete and timely submittal of all required proposal documents listed in this RFP is required for the SOQ to be considered.

2. BACKGROUND AND SCOPE OF WORK

The City currently serves approximately 26,000 residents and operates a municipal water system consisting of groundwater wells, distribution infrastructure, and purchased wholesale water supplies. The city provides potable water service to a diverse customer base including residential, commercial, and industrial users. The city also provides water utility billing, maintenance of city parks and grounds, and code enforcement over private watering regulations.

Key challenges include:

● Aging infrastructure and non-functioning wells.

● System water losses and leakage.

● Significant industrial water demand.

● Increasing reliance on wholesale water purchase.

● Adapting to changes and mandates by State regulators and out water source providers.

● Encouraging water utility customers to conserve water.

● Providing information and positive examples of waterwise outdoor landscaping.

● Financial sustainability for the water utility as water consumption changes.

The scope of services will include but may not be limited to:

● Analysis of water use patterns and system existing conditions.

Analyze water production and sales, seasonal and peak demand evaluation, water use by customer class, identification of water loss, per-capita water usage, and any other relevant data to characterize existing water use and develop future demand projections. Data readily available includes historical populations, monthly metered customer use, customer class connections, source production, etc.

● Evaluate existing conservation programs.

Compare current water use patterns against observed water use patterns from the last conservation plan (completed in 2020). Identify and summarize where the city has saved water since that period. Quantify water conservation potential for each existing program measure by performing a cost-benefit analysis including an evaluation of avoided utility and customer costs, estimated water savings, and demand reduction of each measure and cost savings per unit volume of water.

● Establish updated water conservation goals aligned with state and regional targets

Assist the city in establishing quantitative and qualitative water conservation goals consistent with Utah’s regional M&I Water Conservation goals, and state water conservation targets.

● Identify strategies to reduce municipal and residential water demand and recommend priority practices for implementation

Develop and evaluate conservation measures, including:

a. Indoor Water Use Efficiency

● Fixture upgrades and rebate programs

● Building code enhancements

b. Outdoor Water Conservation (Priority Area)

● Landscape efficiency programs

● Irrigation audits and smart controller programs

● Turf reduction strategies

c. Industrial & Commercial Conservation

● Process water efficiency improvements

● Incentive programs for high-use customers

● Water reuse and recycling opportunities

d. Rate Structure & Policy Analysis

● Evaluate tiered water rate structures

● Assess pricing signals to encourage conservation

● Review and recommend ordinances and policies

Identify and select conservation practices based on potential savings, implementation costs, feasibility, and other factors. Based on a prioritized list, develop a program implementation timeline to support cities long-term goals as identified in plan.

● Support long-term water supply reliability and drought resilience:

Evaluate the integration of the conservation targets into the city’s long-term capital improvement/water master plans including quantifying how specific demand-reduction will extend the life of current water rights and delay the need for new source development or continued water purchase. Additionally, establish a drought contingency plan with triggers corresponding to mandatory mitigation measures.

● Implementation Plan

Prioritize conservation measures based on cost-effectiveness and impact. Develop a phased implementation roadmap. Provide capital and operational cost estimates. Identify funding opportunities

● Monitoring, Reporting, and Plan Maintenance

Establish performance metrics and Key Performance indicators. Develop a comprehensive, implementation-ready framework to enable the City to track, evaluate, and continuously improve water conservation performance over time. This framework shall be aligned with guidance from the Utah Division of Water Resources and support the City’s goal of reducing reliance on Jordan Valley Water Conservancy District.

● Public Engagement and Education

Collaborate with the City Communications Department on the inclusion of a public involvement section in the final Water Conservation Plan report. The contractor will work with city staff to ensure conservation goals are included in public engagement and education initiatives, and include public feedback in the conservation planning process.

City staff will be responsible for the design and execution of the public engagement plan and all activities.

● Parks and Grounds Drought Response Plan

The contractor will collaborate with the Neighborhoods Department to ensure the inclusion of city plans for drought and outdoor watering of city properties in the final

Water Conservation Plan.

The purpose of the Water Conservation Plan update is to identify strategies that allow the City to:

● Reduce potable water demand.

● Increase system efficiency.

● Minimize or eliminate wholesale water purchases from Jordan Valley Water

Conservancy District.

● Improve drought resilience and long-term water supply reliability.

● Align with regional conservation targets.

3. DELIVERABLES

The Consultant shall provide:

● Technical Memorandum: Existing Conditions & Baseline Analysis

● Draft Water Conservation Plan

● Final Water Conservation Plan (implementation-ready)

● Demand Forecasting Model (editable format)

● Water Loss Audit and Recommendations

● Conservation Program Portfolio with cost-benefit analysis

● Implementation Roadmap and Schedule

● Presentation materials for City staff and stakeholders

● Drought Contingency Plan Recommendations

II. PROPOSAL REQUIREMENTS

Proposals shall include a base of four (4) single-sided pages with a minimum 12-point font size. All pages count towards the page total with exception of the cover, introductory letter, rate schedule and an appendix with resumes.

Each SOQ should include the following items:

Letter of Introduction: Describe the firm's areas of expertise and other information that helps to characterize the firm. Provide the name, title, address, and telephone number of the primary contact for this project. List any special considerations that you would like to emphasize to the selection committee as they consider your SOQ. Introductory letters should be no more than one page and will not be counted against the total page count.

Point of Contact (POC): Identify the POC. List the POC’s relevant experience and similar work including references. The assigned POC will be made available to present information and coordinate with SSLC, including a reasonable number of meetings, to track progress and assure that the final plans meet owner expectations.

Firm Members: Describe the key personnel, name, and office location of key personnel.

Provide an organizational chart with the proposed project team, and organizational structure identifying the key personnel who will be assigned to provide the services required by this RFQ, illustrating the lines of authority, and designating the individual responsible for the completion of each task and deliverable of the RFQ. Provide descriptions of technical expertise and experience. Also describe each team member’s availability for the project.

Qualifications of the Firm: Describe related experience that your firm, the proposed project manager, and project team have that is similar to the proposed Scope of Work. Provide phone numbers and locations of client representatives for reference contacts. Two (2) reference letters may be included in the appendix.

Consultant Fees: Provide a fee schedule for the various firm members who will facilitate the requested services. List an hourly rate for each.

Proposal: Outline the scope of work your firm proposes to fulfill the city’s needs.

III. EVALUATION

All submittals will be evaluated to determine if the submittal is complete, in the required format, and in compliance with all the requirements of the RFQ. SSLC will then evaluate all proposals that meet the minimum requirements based on the following criteria. Each element has an assigned weight which indicates the importance of each. The total weight for the evaluation is 100%.

● Project Manager/Point of Contact (25%)

● Project Team (25%)

● Qualifications (25%)

● Consultant Fees (25%)

Submit SOQs in accordance with the instructions listed herein regarding time, place and date required. SOQs received after the time requirement will NOT be accepted and will

NOT be considered for award. It is the sole responsibility of the proposer to be sure his/her response is received by the City Recorder by the required time and date. Failure to read the

Request for Qualifications and comply with its instructions will be at the consultant’s risk.

Corrections and/or modifications received after the closing time specified in the RFQ will not be accepted. The SOQ must be signed by the appropriate representative or officer authorized to contractually obligate the firm.

IV. RESPONSE DEADLINE, SUBMITTAL, AND INQUIRIES

Proposals must be submitted by 4:00pm Mountain Time, June 29th, 2026. The City will not consider responses received after that date and time.

All submissions must be made digitally through the Utah Public Procurement Place website

(Bonfire). All submissions must consist of one combined PDF.

Inquiries regarding the RFQ should be directed to the City Recorder: Ariel Andrus (801)

483-6019 or email: aandrus@sslc.gov. Inquiries must be received at least 48 hours prior to submittal deadline.

V. REQUEST FOR QUALIFICATIONS TIMELINE

The consultant selection process will proceed according to the following proposed schedule.

mailto:aandrus@sslc.gov

● All SOQs are due no later than June 29th, 2026, 4:00pm. MST.

● Evaluation of proposals will be conducted from June 30th to July 15th, 2026.

● The selection decision for the winning consultant(s) will be made no later than July

16th, 2026.

● Upon notification, the contract negotiation with the winning consultant(s) will begin immediately. Contract negotiations will be completed by August 12th, 2026.

VI. DISPOSITION OF PROPOSALS, STATEMENTS, AND NEGOTIATIONS

1. DISPOSITION OF PROPOSALS – PUBLIC RECORDS

All materials submitted in response to this RFQ will become the property of SSLC. Each proposal shall be retained for official files and will become a public record after the award and open to public inspection. It is understood that the proposal will become part of the official file on this matter without obligation on the part of the City of South Salt Lake.

2. VERBAL STATEMENTS OR AGREEMENTS

No verbal agreement or conversation with any officer, agent, or employee of SSLC, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in the contract. Any such verbal agreement or conversation shall be considered as unofficial information and in no way binding upon SSLC or the Contractor.

3. NEGOTIATIONS

SSLC reserves the right to reject or to waive any or all SOQ’s. After SSLC has identified the best qualified candidate(s), the Parties shall have the right to negotiate with the respondent over the final terms and conditions of the contract. These negotiations may include bargaining; however, by submitting a SOQ, a firm acknowledges that it has reviewed the sample Agreement in Exhibit A and is prepared to sign a substantially similar agreement with the City. The primary objective of the negotiations is the evaluation factors set forth in the RFQ. If an agreement cannot be reached, the negotiation will be terminated.

VII. EXHIBIT A AGREEMENT

City of South Salt Lake 220 E. Morris Ave., Suite 200 South Salt Lake City, Utah 84115 Phone: (801) 483-6000

ELECTRICAL SERVICES AGREEMENT – XXX Description of Service XXX

This Professional Services Agreement ("Agreement") is by and between THE CITY OF

SOUTH SALT LAKE, hereinafter referred to as "THE CITY", and ____________ [vendor], hereinafter referred to as "CONTRACTOR". Collectively, the CITY and CONTRACTOR are referred to as “PARTIES”:

WITNESSETH:

WHEREAS, the CITY desires to retain CONTRACTOR to perform XXX [description of services] XXX, on a non-exclusive basis and as assigned from time-to-time by the CITY’s representative;

WHEREAS, CONTRACTOR submitted a Statement of Qualifications to the CITY, outlining the CONTRACTOR’s ability to perform such services, attached hereto as Exhibit A, and represents that it has the personnel with technical expertise, experience and knowledge to perform such work for the CITY;

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

1. SCOPE OF SERVICES

CONTRACTOR may be asked to provide general advice to CITY at a set hourly rate.

CONTRACTOR may also be asked, by written request from CITY, to perform longer-term projects.

Upon written request by the CITY and subject to the CONTRACTOR’s availability, CONTRACTOR shall perform and accomplish in a manner satisfactory to the CITY those tasks described in [Bid/Statement of Qualifications] attached hereto as Exhibit A, which is incorporated herein by reference. Upon receipt of a written request from CITY, CONTRACTOR shall inform CITY of an estimated timeline for completion as well as any estimated supply costs. CITY shall approve or deny CONTRACTOR’S estimate in writing and CONTRACTOR shall complete the written request on the timeline mutually agreed upon by the PARTIES.

Both general advice and written request projects are referred to as “Services.” The

CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a member of the same profession who is currently practicing under similar circumstances.

2. TIME OF PERFORMANCE

CONTRACTOR shall perform Services, as assigned by the CITY’s representative, from the time this Agreement is executed until this Agreement’s expiration on June 30, 2028.

When assigned, CONTRACTOR shall work diligently to complete the Services to the satisfaction of the CITY.

3. COMPENSATION

A. Compensation - During the term of this Agreement, the compensation paid by the

CITY to CONTRACTOR for all Services specified herein shall be $XXX per hour, not to exceed $XXX per fiscal year. Any compensation exceeding this amount must be pre-authorized in writing by the Mayor of the CITY.

B. Method and Time of Payment - Payment shall be made in the following manner:

(i) CONTRACTOR shall submit monthly invoices to the CITY for work completed to date. All such invoices shall (a) provide an itemization of

Services performed during the previous month, (b) indicate the percentage of each Service that has been completed by CONTRACTOR as of the date of the invoice, (c) indicate the total amount charged for each Service during the previous month, (d) indicate the time spent by each of the

CONTRACTOR's employees and approved subcontractors assigned to the

Project during the previous month, and (e) provide a summary of all other direct and indirect costs incurred by CONTRACTOR during the previous month that pass to the CITY pursuant to the terms of this Agreement. All such invoices will be based on actual cost incurred.

(ii) The CITY shall reimburse CONTRACTOR within thirty (30) calendar days after the receipt of each invoice.

(iii) CONTRACTOR shall maintain complete records of all costs incurred under this Agreement. All such records shall be maintained on a generally accepted accounting basis for a minimum period of five (5) years after final payment is made under this Agreement and shall be clearly identifiable and readily accessible to authorized representatives of the CITY for inspection and audit.

C. Compensation After Termination - In the event that this Agreement is terminated as provided below, the CONTRACTOR shall be compensated for all hours worked and other expenses incurred under this Agreement prior to the date of receipt of the termination notice or other termination date specified in such notice, except that compensation shall not exceed the amount stated in paragraph 3A. The

CONTRACTOR and any of its subcontractors, agents and legal representatives agrees to accept this amount of compensation in full satisfaction of all claims for compensation under this Agreement.

4. CHANGES AND ADDITIONAL SERVICES

This Agreement constitutes the entire agreement between the CITY and CONTRACTOR and it may not be amended or altered in any way except by a written amendment signed by both parties to this Agreement; provided, however, that at any time during the term of this

Agreement the CITY, by written notice to CONTRACTOR, may modify the scope of the

Services to be furnished by CONTRACTOR under this Agreement. If such modification causes an increase or decrease in the amount of Services to be provided by

CONTRACTOR or in the amount of time required for their performance, equitable adjustment shall be made to the provisions of this Agreement for payments to

CONTRACTOR.

5. TERMINATION

A. CONTRACTOR or CITY may terminate this Agreement at any time with or without cause by giving 30-days advance written notice of such termination.

B. In the event of any such termination, the CONTRACTOR shall deliver to the CITY, as the property of the CITY, all designs, reports, drawings, studies, estimates, computations, memoranda, documents, and other papers or materials either furnished by the CITY or prepared by or for the CONTRACTOR under this

Agreement.

6. COPYRIGHT AND OWNERSHIP OF DOCUMENTS

No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of CONTRACTOR.

Ownership of all designs, reports, drawings, studies, estimates, models, computations, and other related items prepared under this Agreement shall vest in the CITY upon payment to the CONTRACTOR for all Services rendered herein through the date of the expiration or termination of this Agreement.

7. ASSIGNMENT

The CONTRACTOR's rights, obligations and duties under this Agreement shall not be assigned in whole or in part without the prior written consent of the CITY. However, claims for money due to the CONTRACTOR from the CITY under the terms of this Agreement may be assigned to a bank, trust company or other such financial institution, provided that prompt written notice of such an assignment is given to the CITY. None of the Services covered by this Agreement shall be subcontracted without the prior written approval of the

CITY.

8. INDEPENDENT CONTRACTOR

CONTRACTOR will act as an independent contractor in the performance of the Services under this Agreement. Accordingly, CONTRACTOR shall be responsible for the payment of all required business license fees and all taxes including Federal, State and local taxes arising from CONTRACTOR's activities under the terms of this Agreement.

9. PROHIBITED INTERESTS

No officer, member or employee of the CITY, no member of the CITY's governing body and no other public official of the locality or localities in which the Project is being carried out who exercises any functions or responsibilities in the review and approval of this

Project shall participate in any decision related to this Agreement affecting, either directly or indirectly, his or her own personal interest.

10. CONFLICTS OF INTEREST

A. CONTRACTOR hereby certifies that the company and any personnel assigned to work for the CITY under this Agreement are not involved in other community projects that would pose a conflict to the CONTRACTOR's ability to successfully carry out the responsibilities of this Agreement. If potential conflicts arise during the term of this Agreement, the CONTRACTOR agrees to notify the CITY immediately in writing and discuss the potential issues and work with the CITY to address any potential issues arising from the situation.

B. The CONTRACTOR covenants that it presently has no known personal or pecuniary interest and shall not knowingly acquire such interest, directly or indirectly, which could conflict in any manner with the performance of Services under this Agreement, including the submission of impartial reports and recommendations.

11. STATUS VERIFICATION SYSTEM

A. Pursuant to Utah Code Ann. § 63G-12-302, the CONTRACTOR certifies that it is registered with and participates in a Status Verification System, as defined in the

Utah Code, to verify the work eligibility status of its new employees that are employed in the state of Utah. The CONTRACTOR further agrees that it will require any subcontractor performing work on this project to similarly certify that it is registered with and participates in a state-approved Status Verification System to verify the work eligibility status of its new employees that are employed in the state of Utah. The CONTRACTOR will, within five days written notice, provide proof of enrollment and participation in a Status Verification System to the CITY.

B. Alternatively, if CONTRACTOR is a sole proprietor or otherwise has no employees besides the individual performing Services, CONTRACTOR may provide CITY with a signed affidavit confirming that CONTRACTOR:

(i) is a single individual and has no employees; and

(ii) is able to provide CITY with verified proof of the individual’s legal eligibility to work in the United States.

12. INDEMNIFICATION

CONTRACTOR expressly agrees to hold and save harmless and indemnify the CITY, its officers, agents, servants and employees for liability of any nature (including, without limitation, reasonable attorneys' fees) related to a breach of this Agreement by

CONTRACTOR, the Services provided under this Agreement by CONTRACTOR or arising from any act or omission of CONTRACTOR or of any employee or agent of

CONTRACTOR.

13. INSURANCE

CONTRACTOR has delivered to CITY a certificate of insurance demonstrating that

CONTRACTOR has in effect liability and other insurance appropriate to provide protection from claims arising from the Project resulting from the acts or omission of

CONTRACTOR, its agents or employees and all subcontractors or suppliers as well as their agents or employees, for whom CONTRACTOR may be liable. The certificate of insurance will demonstrate that CONTRACTOR has, at minimum, the following types of insurance coverage:

a. Workers’ Compensation Insurance: Statutory workers’ compensation insurance (Part A).

Such insurance shall also include employer’s liability (Part B) insurance in a limit of not less than $1,000,000 for each: accident, disease, and employee. No owner or officer may be excluded; or, if any exclusions exist, no excluded proprietor, partner, executive officer, member, or individual may perform any work pursuant to this agreement.

b. Liability insurance providing protection for claims arising from bodily injury, sickness or disease, death, damage to property, damage from business interruption, and motor vehicle accidents. CONTRACTOR shall maintain coverage in the minimum amount of two million dollars ($2,000,000.00) per occurrence and three million dollars

($3,000,000.00) in the aggregate, and must name the City as an additional insured.

The insurance shall be provided by an insurance carrier with a rating of A- or better as rated by AM Best. The certificate(s) of insurance shall be attached to this Agreement as

Exhibit B and incorporated by this reference,

14. CONFIDENTIALITY

A. The parties (and their employees, agents and contractors) shall not disclose, except to each other, any proprietary information, professional secrets or other information, records, data and data elements (including, but not limited to, protected health information) collected and maintained in the course of carrying out the responsibilities under this Agreement, unless such party receives prior written authorization to do so from the other party or as required by law.

B. Notwithstanding paragraph 14A, the CONTRACTOR recognizes that documents provided to the CITY are subject to the Government Records Access and

Management Act (GRAMA), Utah Code Ann. § 63G-2-101 et seq., and that records are presumed public unless appropriately classified as protected, private, or controlled. Any document for which protected or private status is sought should be so marked by the CONTRACTOR to avoid unauthorized disclosure to the public.

C. All confidential obligations contained herein (including those pertaining to information transmitted orally) shall survive the termination of this Agreement.

The parties shall ensure that their respective employees, agents and contractors are aware of and shall comply with the aforementioned obligations.

D. Either party that breaches the confidentiality agreement herein shall be liable to the non-breaching party for any damages that result from the breach of confidentiality

(including, without limitation, reasonable attorneys' fees).

15. DEFAULT

In the event there is a default with respect to any of the provisions of this Agreement or its obligations under it, the non-defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen

(15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non-defaulting party may not maintain any action or effect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this paragraph.

16. GOVERNING LAW

This Agreement shall be interpreted under and governed by the laws of the State of Utah.

17. NOTICES

All written notices to CONTRACTOR shall be considered sufficiently given if mailed, delivered in person, or emailed to:

XXX

All invoices, written reports and written notices given to the CITY shall be considered sufficiently given if mailed, delivered in person, or transmitted by facsimile machine to:

CHRIS MERKET, P.E.

SOUTH SALT LAKE CITY

220 E. MORRIS AVE., SECOND FLOOR

SOUTH SALT LAKE CITY, UT 84115

Fax: (801) 483-6001

18. ENTIRE AGREEMENT

This Agreement cancels and supersedes all previous discussions, negotiations, understandings, representations, warranties and agreements, written or oral, relating to the subject matter of this Agreement, and contains the entire understanding of the parties hereto.

19. CONFLICTS WITH TERMS IN EXHIBITS

To the extent there are any conflicts between the terms in this Agreement and the terms in

Exhibit A or Exhibit B, the terms of this Agreement shall supersede those terms. All non-conflicting terms in those exhibits are incorporated by reference into this Agreement.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the dates set forth below.

For CONTRACTOR: For CITY:

Dated: _________________________ Dated: _________________________

By: ___________________________ By: ____________________________

Title: _________________________ Cherie Wood, Mayor

Attest: __________________________

Ariel Andrus, City Recorder

Approved as to form:

Josh Collins, City Attorney

2023 Professional Services - Engineering Pool Sample Agreement

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