4-RDW26064 - 500 West RFQ - Final Design 1.pdf

PROJECT MANUAL

For

DESIGN OF ROADWAY IMPROVEMENTS

500 West Final Design:

600 South to 900 South

JOB NO. RDW26064

DEPARTMENT OF COMMUNITY & NEIGHBORHOODS

ENGINEERING DIVISION

349 SOUTH 200 EAST STREET, SUITE 100

P.O. BOX 145506

SALT LAKE CITY, UTAH 84114-5506

DIRECTOR

CITY ENGINEER

TAMMY HUNSAKER

MARK A. STEPHENS, P.E.

TABLE OF CONTENTS

Document Name Page Numbers

00001 Table of Contents

00100 Solicitation for CONSULTANT

00300 Instructions to CONSULTANT

00310 Supplemental Instructions

00320 Preference Ranking Form

00400 Request for Statement of Qualifications

00410 Ethical Standards Form

00500 Professional Services Agreement

00700 General Conditions

01110 Summary of Work

01290 Payment Procedure

DOCUMENT 00100

SOLICITATION FOR CONSULTANT

PART 1 GENERAL

1.1 PROFESSIONAL SERVICE CONTRACT

A. CONSULTANTS are invited to submit a statement of qualifications and interest to provide services for a contract named and numbered as: 500 West - 600 South to 900 South Road, Job No. RDW26064 For additional information, please submit questions to the Bonfire project site at Bhttps://utah.bonfirehub.com/portal/?tab=openOpportunities.

B. Questions are due by 5:00 p.m. on September 17, 2026. Responses to questions will be issued via an addenda posted to the Bonfire site.

C. CONSULTANTS should be made aware that Salt Lake City Corporation is an equal opportunity employer.

1.2 DESCRIPTION OF WORK

A. The work will consist of pre-design and design services (Final PS&E) for this roadway reconstruction project.

B. The term of service shall be from September 2026 to December 2028.

1.3 EXAMINATION AND PROCUREMENT OF DOCUMENTS

The request for solicitation, scope of work and submittal requirements will be available to be viewed and downloaded at the following website on or after September 4, 2026. Hard copies will not be available:

https://utah.bonfirehub.com/portal/?tab=openOpportunities.

1.4 SUBMISSIONS

Proposals shall be received until 2:00 p.m. on September 23, 2026. Please submit a proposal by uploading to the Bonfire project site. Late proposals shall not be accepted.

1.5 RIGHT TO REJECT SOLICITATION

The City reserves the right to reject any or all Proposals or to waive any informality or technicality if deemed to be in the best interest of the City.

1.6 AMERICANS WITH DISABILITIES (ADA)

In compliance with Americans with Disabilities Act (ADA), the following information is provided; Fax Number: (801) 535-6093; contact person: Felafoai Fano, Contract Administrator, City Engineer’s Office: (801) 535-6210 felafoai.fano@slc.gov. If assistance is required, please contact the above office 72 hours prior to the due date.

1.7 COMPLY WITH LAWS, ORDINANCES, REGULATIONS, AND RULES

CONSULTANT will be required to obey all federal, state, county, and municipal laws, ordinances, regulations, and rules applicable to its operations. Said laws include, but are not limited to, the Equal Employment Opportunity laws, the Fair Labor Standards Act, Occupational Safety & Health Administration (OSHA) laws, Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the Utah Immigration Accountability and Enforcement Act (Utah Code Title 63G, Chapter 12). Any violation of applicable laws shall constitute a breach of the Professional Services Agreement and CONSULTANT will be required to hold the City harmless from any and all liability arising out of, or in connection with, said violations including any attorney’s fees and costs incurred by the City as a result of such violation.

https://utah.bonfirehub.com/portal/?tab=openOpportunities https://utah.bonfirehub.com/portal/?tab=openOpportunities.

mailto:felafoai.fano@slc.gov

PUBLICATION: September 6, 2026; September 13, 2026; September 20, 2026

END OF DOCUMENT

DOCUMENT 00300

INSTRUCTIONS TO CONSULTANT

1.1 DOCUMENT INCLUDES

A. This document includes the Statements of Qualifications and Interest and proposal requirements when Salt Lake City Corporation solicits professional services from

CONSULTANTS.

1.2 DEFINITIONS

A. Terms used in the solicitation documents which are defined in Article 1.1 of the General

Conditions will have the meanings indicated in the General Conditions.

B. SHORT LISTED FIRMS: The firms selected by the City who are invited to submit additional information during the selection process.

1.3 PREPARATION OF PROPOSALS

A. All costs related to the preparation of the proposal and any related activities are the sole responsibility of the CONSULTANT. The City assumes no liability for any costs incurred by CONSULTANT’s throughout the entire selection process.

1.4 INFORMATION MADE PUBLIC

A. Even after the CONSULTANT is selected, no information regarding the proposals will be made public until a formal contract is signed between the CONSULTANT and the City.

1.5 CONTRACT FORM

A. The successful CONSULTANT shall be required to enter into a written agreement with the City. The City’s standard form of Agreement for professional services (Document 00500) and modified as appropriate shall be utilized.

B. Salt Lake City Corporation is an equal opportunity employer.

C. This request for qualifications is governed by Salt Lake City Code Chapter 3.24 and the

City’s procurement regulations.

1.6 CONTACT WITH CITY EMPLOYEES

A. All CONSULTANTS interested in this project will refrain under penalty of disqualification from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process. This policy is intended to create a level playing field for all potential CONSULTANTS. All contact on this selection process shall be addressed to the authorized representative identified in document 00100.

1.7 INTEREST IN SUSTAINABILITY, RECYCLING, AND OTHER ENVIRONMENTAL

MATTERS

A. The City has an interest in measures used by its suppliers to ensure sustainable operations with minimal adverse impact on the environment. Please state whether your firm has a formal sustainability program or policy and, if so, please attach a copy to your proposal. Please list measures such as alternative fuel vehicles, recycling measures, and energy reduction measures used by your firm in its operations.

1.8 SUBMITTALS

A. A joint venture may submit a bid, proposal or other offer or submission if the circumstances of the joint venture are acceptable to the Procurement Official/City Engineer. The joint venture must obtain this determination before a contract may be signed.

B. All information included in the Statement of Qualifications and Interest shall be public information after its receipt by the City.

C. Upload to https://utah.bonfirehub.com/portal/?tab=openOpportunities the following and in the order herein (not to exceed 18 pages):

1. A cover letter not to exceed one page

2. Team & Relevant Experience (not to exceed seven pages).

a. Provide information outlined in Document 00400, including a summary of the consultant firm, sub-consultants, relevant project experience, and proposed staff.

b. Identify the project manager and his/her qualifications and demonstrated ability to lead similar projects.

c. Identify proposed key staff members and submit statements or resumes detailing their relevant qualifications.

d. Provide an organization chart listing key individuals and their respective roles.

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

3. Project Understanding, Project Approach, Schedule (not to exceed seven pages).

a. Provide a statement of your understanding of the project, community context, intended outcomes, and subsequent phases.

b. Provide an approach that demonstrates an understanding of the tasks described in the Summary of Work (Document 01110). The Summary of Work provided in this RFP includes a general approach; respondents should introduce relevant insights, key milestones, and any strategies that may distinguish your team.

c. Provide a tentative schedule for completing the work that demonstrates understanding of task sequence and procedures.

d. One of the seven pages may be an 11 X 17 map or graphic used to demonstrate understanding of key project issues.

e. Included in this section should be a description of how your team proposes to execute the civic engagement component of the project.

4. Administrative Forms (3 pages):

a. A letter stating that part 3 thru part 5 of the General Conditions have been reviewed with insurance agents and legal staff, and if selected, the CONSULTANT will execute an agreement containing the language as presented therein. Not to exceed one page. (Proposal will be rejected if not submitted)

b. A signed document 00410, Ethical Representation. Not to exceed one page.

(Proposal will be rejected if not submitted)

c. Information requested in 1.7 above (Interest in sustainability, recycling and other environmental matters) not to exceed one page.

D. Submission Deemed Agreement: Submission of a bid, proposal or other offer or submission constitutes the bidder’s or offeror’s agreement to all of the terms, conditions and provisions of the bid or proposal package, or other solicitation documents. In addition, submission of a bid, proposal or other offer or submission constitutes a waiver of any claim to confidentiality or any protest based on such a claim. By the submission of any bid, proposal or other offer or submission, the bidder or offeror represents that the matters stated therein are true and correct.

E. Any questions about the contract terms and conditions shall be directed to the City during the Q&A period of the RFQ prior to submission.

F. It is the responsibility of CONSULTANT, before making its submission, to consider federal, state, and local laws and regulations (including the Utah Immigration Accountability and Enforcement Act, Utah Code Title 63G, Chapter 12) that may affect cost, progress, performance, or furnishing of the work.

PART 2 SELECTION PROCEDURE

2.1 SHORT LIST

A. After the closing date, the City will analyze the proposals and may establish a short list for interviews. The City may select the CONSULTANT from the proposals submitted.

In this case, interviews will not be scheduled.

2.2 FINAL SELECTION PROCEDURE (if an interview is scheduled).

A. The following will be used to establish a preference ranking.

1. The oral interview

2. The CONSULTANT’s response to the following:

a. Approach to accomplishing the work in a timely manner.

b. specific project experience and expertise;

c. individual experience;

d. ability to manage cost and technical requirements;

e. project approach to accomplishing the work and demonstrated understanding of the project;

f. civic engagement capabilities.

g. Communication skills of individual responsible for overseeing the preparation of the documents and his/her ability to form successful working relationships.

B. After completing the foregoing evaluation, a preference ranking will be established.

Thereafter, negotiations for contract purposes will be initiated with the top ranked

CONSULTANT.

DOCUMENT 00310

SUPPLEMENTAL INSTRUCTIONS

1.1 INTRODUCTION

A. Evaluation Criteria

1. See preference ranking form (document 00320)

B. The intent of this solicitation is to provide roadway pre-design and design services (PS&E). The CONSULTANT shall facilitate the completion of the requested services through an appropriate subconsultant, if necessary.

1.2 SCHEDULE

A. The tentative schedule for the selection process is as follows subject to change at the

City’s sole discretion.

1. Proposals due September 23, 2026 at 2:00 p.m.

2. Notification of short list if one developed: September 30, 2026.

3. Interviews Beginning October 6, 2026, if held.

4. Notification of selected CONSULTANT October 9, 2026

1.3 INSTRUCTIONS FOR SUBMITTAL OF A DETAILED TECHNICAL PROPOSAL

A. A detailed technical proposal is not required.

1.4 INTERVIEW ATTENDEES (If required by the City)

A. A maximum of five (5) individuals may attend the interview.

B. One (1) attendee shall be the CONSULTANT’s project manager.

1.5 SCOPE AND FEE PROPOSAL ARE REQUIRED ONLY FROM THE SELECTED

CONSULTANT

A. The Final Design Scope and Fee proposal will be negotiated after selection B. The Construction Support Scope and Fee proposal, if used, may be negotiated near completion of the Final Design.

1.6 BILLING RATES

A. Billing rates will not be used to evaluate submitted proposals.

B. HOURLY BILLING RATES ARE ONLY REQUIRED FROM THE SELECTED

CONSULTANT(S).

DOCUMENT 00320

PREFERENCE RANKING FORM

500 West - 600 South to 900 South

JOB NO. RDW26064

Give a “Yes” or “No” for items 1-3 and score of (1) weak or (10) strong for items 4-6.

CONSULTANT

Responding Consultants 1 _ _ _ _ _ 6

PASS/FAIL

1. Letter stating part 3 thru part 5 of the General Conditions are acceptable.

Rejected if not included.

2. Signed Ethical Clause received – “Yes” or “No”. Rejected if not included.

3. Sustainability, recycling, and other environmental matters – “Yes” or “No”

WEIGHTED SCORES

4. Firm & Individual experience.

(50% Weight)

5. Landscape Architecture experience & understanding of the project.

(20% Weight)

6. Roadway design experience & understanding of the project.

(20% Weight)

7. Utility design experience & understanding of the project.

(20% Weight)

8. Civic engagement capabilities.

(10% Weight)

TOTAL SCORE

(Multiply items 4-8 by respective weight, and then sum)

DOCUMENT 00400

REQUEST FOR STATEMENT OF QUALIFICATIONS

1.1 CONSULTANT

A. Name:

B. Address:

C. Telephone No.:

D. Email address:

E. Tax I.D. No.:

F. If a joint venture, indicate who the lead firm is:

1.2 PROFESSIONAL SERVICES CONTRACT

A. 500 West - 600 South to 900 South Final Design: JOB NO. RDW26064

1.3 Acknowledge addenda received (if applicable).

1.4 SUBCONSULTANTS: Identify any subconsultants to be used by the CONSULTANT.

(Additional resumes; project information, etc. is not required from subconsultant)

Disciplines needed:

Civil Engineering Landscape Architecture (planting, site amenities, landform/walls in planting areas) Green Infrastructure/ LID design Electrical/Lighting Utility Design Geotech (roadway, infiltration testing) Potholing or utility survey (verify location of utilities) Traffic (intersection design) Irrigation Design Structural (light pole footings, water quality crossings, other?)

ALTA survey to verify location of ROW, etc.

1.5 SPECIFIC PROJECT TYPE EXPERIENCE – DETAILED (to be submitted by CONSULTANT only). (List only projects completed within last five years). Limit number of projects to five. Emphasize projects completed for governmental agencies.

Photos related to the specific project type experience submittal are acceptable in the submittal.

PROJECT NAME/START AND END DATES OF PROJECT:

OWNER:

CONTACT (Name/Position/Title):

TEAM MEMBERS WHO WORKED IN THIS PROJECT:

SUB-CONSULTANTS:

PROJECT REQUIREMENTS

1.6 CAPACITY OF FIRM: (for CONSULTANT only)

CURRENT NUMBER OF EMPLOYEES:

NUMBER OF EMPLOYEES WITH PROFESSIONAL LICENSING:

COMPOSITION OF STAFF BY DISCIPLINE:

FIRM’S CURRENT WORKLOAD: (LIST PROJECT TITLE, BUDGET AND

PERCENTAGE OF WORK REMAINING)

IN VIEW OF CURRENT WORKLOAD, DESCRIBE YOUR FIRM’S ABILITY TO

PROVIDE SERVICES IN A TIMELY MANNER.

LIST TWO CLIENTS WHO MAY BE CONTACTED CONCERNING SERVICES

PERFORMED:

1. Company:

Contact person:

Title:

Current Phone No:

Project name and location:

2. Company:

Contact person:

Title:

Current Phone No:

Project name and location:

1.7 INDIVIDUAL EXPERIENCE/RESUME: (for CONSULTANT only)

Provide information for each key person on CONSULTANT’s staff who will be involved with this project. Photos are acceptable on the resumes/bios.

Name of Individual:

Position Title - This Project:

Education:

Licenses/Registration:

Work Experience Similar to this Project completed within Past Five (5) Years.

DOCUMENT 00410

ETHICAL STANDARDS

Representation Regarding Ethical Standards for City Officers and Employees and

Former City Officers and Employees.

1. CONSULTANT represents that it has not:

a. 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.

b. 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.

c. 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

d. 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.

Signature Date

DOCUMENT 00500

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made and entered into as of , 20 between SALT LAKE CITY CORPORATION, a Utah municipal corporation (the "City"), and

[name] , a [state where organized and type of entity], ("CONSULTANT").

RECITALS

WHEREAS, the City and CONSULTANT desire to enter into an agreement for

CONSULTANT to provide specified services for the term specified below.

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

TERMS

PART I. CONSULTANT SERVICES

1.1 WORK

A. CONSULTANT shall perform the Service specified in the contract known as 500 West

- 600 South to 900 South Road, Job No. RDW26064 including the General Conditions

(Document 00700, Exhibit “A”); Summary of Work (Document 01110 Exhibit “B”);

Payment Procedures (Document 01290, Exhibit “C”); and Billing Rates, (Exhibit “D”).

1.2 CONSULTANT REPRESENTATIVE

A. CONSULTANT has designated [ name ] as

CONSULTANT's representative who shall have authority to act on behalf of

CONSULTANT. CONSULTANT shall not change CONSULTANT's representative without at least seven (7) days prior written notice to the City. Any replacement for CONSULTANT's representative shall be at least as qualified for the work as the person being replaced and must be approved by the City.

1.3 COMMENCEMENT OF WORK

A. The work of CONSULTANT shall begin on the date of execution of this Agreement and after a Notice to Proceed is issued for any specific work project.

1.4 SCHEDULE OF WORK AND DELIVERABLES

A. CONSULTANT shall perform the Basic Services and provide any required deliverables pursuant to the schedule as specified in Exhibit “XXX”.

PART 2 TERM

2.1 TERM

A. CONSULTANT shall complete the Scope of Work included in this Agreement and provide the associated deliverables no later than December 31, 2028.

2.2 CITY FUNDING

A. CONSULTANT acknowledges that the continuation of this Agreement after the end of the City's fiscal year is specifically subject to the City's securing funding for

CONSULTANT's work.

2.3 NON-EXCLUSIVITY

A. CONSULTANT acknowledges that the City has or may hire other consultants to perform work similar to that which is within CONSULTANT's scope of work under this Agreement. CONSULTANT further acknowledges that this Agreement is not a guarantee of the assignment of any work and that the City, in its sole discretion may assign work to various consultants.

2.4 COMPENSATION

A. Basic Services. For the Basic Services the City shall pay CONSULTANT as specified in Exhibit “XXX”.

2.5 CITY’S RESPONSIBILITY

A. City’s Program for the Work. The City shall provide to CONSULTANT full information regarding the City’s requirements for any specific work project.

B. City’s Project Manager. The City has designated Mark Stephens, P.E. or his designee as City’s Representative, who shall have authority to act in the City’s behalf with respect to any specific work project.

C. City’s Performance. The City shall examine documents submitted by

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.

2.6 ASSIGNMENT

A. This Agreement shall not be assigned by either party without the prior written consent of the other.

2.7 NOTICES

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

Mark Stephens, P.E.

Salt Lake City Engineering 349 South 200 East, Suite 100 P.O. Box 145506 Salt Lake City, UT 84114-5506 Phone: (801) 535-6355

Mark.stephens@slc.gov

With copies to:

City Attorney 451 South State Street, Room 505A P.O. Box 145478 Salt Lake City, UT 84114-5478 Phone: (801) 535-7788

Notices to CONSULTANT provided for herein shall be sufficient if sent by certified mail, postage prepaid, or overnight delivery service for which a delivery receipt is required, addressed to:

Phone: (801)

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

C. Email Notice. Notice may be sent by email. Email notice shall be effective on the date of 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 twenty-four (24) hours after the email notice is transmitted.

D. Email Notice Required. If any notice is required under this Agreement with a period less than seven (7) days, such notice shall be sent by email as provided in subparagraph (C) 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 business day.

2.8 NO THIRD-PARTY BENEFICIARIES

A. CONSULTANT assumes no duty or responsibility under this Agreement which may be construed as being for the benefit of or 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 confers no third-party rights whatsoever.

2.9 CAPITALIZED TERMS.

A. Terms capitalized in this Agreement which are defined in this Agreement shall have the meaning specified in this Agreement. Other terms are capitalized solely for convenient reference.

2.10 GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT

A. The City is subject to the requirements of the Government Records Access and

Management Act, Chapter 2, Title 63G, Utah Code Annotated, 1953, as amended, or its successor, and Chapter 2.64, Salt Lake City Code (entitled “City Records”), or its successor (collectively, "GRAMA"). All materials submitted by

CONSULTANT pursuant to this Agreement are subject to disclosure unless such materials are exempt from disclosure pursuant to GRAMA. The burden of claiming an exemption from disclosure rests solely with CONSULTANT. Any materials for which CONSULTANT claims a privilege from disclosure based on business confidentiality shall be submitted marked as "confidential – business confidentiality" and accompanied by a concise statement from CONSULTANT of reasons supporting CONSULTANT’s claim of business confidentiality. 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 any appropriate actions to prevent disclosure of such material. CONSULTANT specifically waives any claims against the City related to any disclosure of materials pursuant to

GRAMA.

2.11 REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY

OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND

EMPLOYEES

A. 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 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.

2.12 COMPLETE AGREEMENT.

A. This Agreement constitutes the entire agreement between the parties relating to the subject matter of this Agreement and supersedes all prior negotiations, representations or agreements either written or oral, and cannot be altered, amended or modified except in a writing signed by both parties.

B. CONSULTANT’s specific terms and conditions, if any, that may be attached to a specific Work proposal from CONSULTANT in response to a request from the

City for a Work project proposal shall not be part of the Agreement. This

Agreement and the General Conditions herein shall govern.

2.13 GOVERNING LAW AND VENUE.

A. This Agreement shall be governed by the laws of the state of Utah, and venue shall be in Salt Lake County, Utah.

2.14 COMPLIANCE WITH LAW AND REGULATIONS; UTAH IMMIGRATION

ACCOUNTABILITY AND ENFORCEMENT ACT

A. CONSULTANT shall obey all federal, state, county, and municipal laws, ordinances, regulations, and rules applicable to its operations. Said laws include, but are not limited to, the Equal Employment Opportunity laws, the Fair Labor

Standards Act, Occupational Safety & Health Administration (OSHA) laws, Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the Utah Immigration Accountability and Enforcement Act (Utah Code Title

63G, Chapter 12). Any violation of applicable laws shall constitute a breach of this

Agreement and CONSULTANT will be required to hold the City harmless from any and all liabilities arising out of or in connection with said violations including any attorney’s fees and costs incurred by the City as a result of such violation.

B. CONSULTANT represents that it has registered with and is participating in the

Status Verification System under the Utah Immigration Accountability and

Enforcement Act (Utah Code Title 63G, Chapter 12), to verify the work eligibility status of CONSULTANT’S new employees that are employed in Utah. In addition, CONSULTANT represents that each consultant or subconsultant who is working under or for CONSULTANT has certified to CONSULTANT by affidavit that such consultant or subconsultant has verified through the Status Verification System the employment status of each new employee of such respective consultant or subconsultant.

IN WITNESS WHEREOF, the parties have signed this Agreement to be effective as of the day and year first above written.

SALT LAKE CITY CORPORATION

By Its Title

Approved as to form:

_____________________ Date:

SALT LAKE CITY

ATTORNEY'S OFFICE

ATTEST and COUNTERSIGN:

CITY RECORDER

CONSULTANT

By_____________________________ Its_____________________________

STATE OF UTAH )

: ss.

COUNTY OF SALT LAKE )

The foregoing professional services agreement was acknowledged before me this ________ day of , 20 , by ________________________________, as _______________________, of , .

[company name] [type of entity]

NOTARY PUBLIC, residing in Salt Lake County, Utah

My Commission Expires:

DOCUMENT 00700

GENERAL CONDITIONS

1.1 INTRODUCTION

A. Wherever used in these General Conditions or in other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof.

B. CONSULTANT: A corporation, partnership, limited liability company, individual or joint venture that complies with applicable Utah state statutes.

1.2 SAFETY

A. CONSULTANT shall take all necessary safety precautions and comply with all applicable provisions of federal, state of Utah 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 CONSULTANT’s work is being performed from any accidents or injuries caused by CONSULTANT, its agents or subconsultants. This safety requirement shall not relieve any contractor performing work on a specific project from complying with the safety requirements of its contract, nor shall it make CONSULTANT responsible for the contractor’s compliance with the safety requirements. The City’s Representative or designee may stop CONSULTANT’s work if safety laws or safe work practices are not being observed.

1.3 DAMAGE TO PROPERTY

A. CONSULTANT shall be responsible for any and all damage to property belonging to the

City and the City’s tenants to the extent it is caused by an act or omission of CONSULTANT, its agents or employees. CONSULTANT shall be responsible for repairing any damaged property and shall pay the costs, therefore.

1.4 LICENSES

A. CONSULTANT shall possess and keep current all state and local licenses required for the services to be performed by it pursuant to this Agreement.

1.5 INDEPENDENT CONTRACTOR

A. 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.

PART 2 SERVICE STANDARDS AND QUALITY ASSURANCE

2.1 CONFORMANCE TO LAWS

A. CONSULTANT shall be knowledgeable of, and CONSULTANT and CONSULTANT's work product for any specific work project shall conform to, all applicable federal, state of Utah, City and other local laws, regulations and ordinances, including the Utah Immigration Accountability and Enforcement Act, Utah Code Title 63G, Chapter 12.

2.2 QUALITY ASSURANCE

A. CONSULTANT shall be solely responsible to the City for the quality of all services performed by CONSULTANT or any of its consultants under this Agreement. All services furnished by CONSULTANT or any of its consultants shall be performed in accordance with their 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 CONSULTANT 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 United States in the same business as

CONSULTANT.

2.3 REASONABLE COMPLIANCE WITH AND IDENTIFICATION OF APPLICABLE

SERVICE STANDARDS

A. Listing of standards in this section does not relieve CONSULTANT from complying with all applicable standards whether or not listed here. CONSULTANT's work shall comply with:

1. The Americans with Disabilities Act;

2. Manual of Standard Specifications (Current Edition), as published by the Utah

Chapter of the American Public Works Association;

3. Manual of Standard Plans (Current Edition) as published by the Utah Chapter of the American Public Works Association; http://utah.apwa.net;

4. Manual on Uniform Traffic Control Devices (MUTCD) latest edition as published by the Federal Highway Administration (FHWA);

5. Utah Department of Transportation (UDOT) standards (City standards take priority over UDOT standards);

6. Salt Lake City CADD Standards as published by Salt Lake City Corporation, Department of Community and Neighborhoods, Engineering Division;

7. Salt Lake City Communications & Engagement Guide for Consultants.

8. Construction contract project manual consisting of instructions to bidders, bid, bid schedule, agreement and other documents;

9. All applicable building codes, laws or regulations; and

10. All other applicable City standards and regulations.

2.4 COST MINIMIZATION

A. CONSULTANT’s work shall always incorporate such designs and practices as are reasonably practicable to minimize the City’s cost for any specific work project and any ongoing cost of maintenance or operation unless directed otherwise by the City.

http://utah.apwa.net/ https://www.slc.gov/ims/communications-standards-consultant-guide/

PART 3 CONTRACT DOCUMENTS

3.1 CITY OWNERSHIP OF DOCUMENTS

A. All data used in compiling CONSULTANT’s work, and the results of any tests or surveys, as well as all photographs, drawings, electronically stored records of work performed, renderings, specifications, schedules, CONSULTANT’s work, data processing output, computations, studies, audits, research, 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 specific work project for which they are made is undertaken or not. CONSULTANT may retain reproducible copies of all the foregoing documents for information and reference and customary marketing and public relations. The originals of all 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 by CONSULTANT with this paragraph shall be a condition precedent to the City’s obligation to make final payment to CONSULTANT.

3.2 OTHER USES OF DOCUMENTATION.

A. CONSULTANT is hereby granted an irrevocable, royalty free, worldwide, perpetual license to use, reproduce, copy, distribute, and make derivatives of its work product under this Agreement regardless of whether this Agreement has been terminated, CONSULTANT’s scope of services has been modified, or CONSULTANT’s services under this Agreement have been completed.

B. Documents created by CONSULTANT for any specific work project shall be utilized by the City for the specific work project only, and CONSULTANT's liability in connection with their use shall be limited to the use of such documents for the specific work project.

To the extent permitted by law, the City shall indemnify CONSULTANT against any claims arising from the use by the City of the foregoing documents on any other project or on any modification to any specific work project after completion unless CONSULTANT is employed by the City for such modification.

3.3 INTERNET BID WEBSITE

A. Documents created by CONSULTANT for any specific work project may be posted by the City on an Internet bid website.

3.4 ELECTRONIC MEDIA

A. Limit Use to Hard Copies. As a component of the services provided under this Agreement, CONSULTANT shall deliver electronic copies of certain documents or data (the “Electronic Files”) in addition to printed copies (the “Hard Copies”) for the convenience of the City. City and its CONSULTANTs, contractors, and subcontractors may only rely on the Hard Copies furnished by CONSULTANT to City. If there is any discrepancy between any Electronic file and the corresponding Hard Copy, the Electronic Copy controls. Except for Record documents (as built), CONSULTANT shall provide Electronic Files in a format that cannot be altered or modified.

B. Acceptance Procedure. City acknowledges that Electronic Files can be altered or modified without CONSULTANT’s authorization, can become corrupted, and that errors can occur in the transmission of such Electronic Files. City agrees that it will institute procedures to preserve the integrity of the Electronic Files received from CONSULTANT until acceptance. City further agrees that it will review the Electronic Files immediately upon receipt and conduct acceptance tests within thirty (30) days, after which period City shall be deemed to have accepted the Electronic Files as received. CONSULTANT shall undertake commercially reasonable efforts to correct any errors in the Electronic Files detected within the 30-day acceptance period. CONSULTANT shall not be responsible to maintain the Electronic Files after acceptance by City.

C. Electronic File Delivery. Files shall be compatible with current City Engineering software. Files that are to be delivered shall be in the following format: AutoCAD.dwg files, .ctb files (color table file) for proper plotting of line weights, all Xref’s, images and any other attachments. Files for bidding or construction may be delivered in PDF (Adobe Acrobat), compatible with Acrobat, optimized for fast web view. Record document (as-built) files shall be AutoCAD files. Technical Specifications shall be Microsoft Word in (CG Times) font.

D. Warranty of Compatibility. CONSULTANT warrants that the Electronic Files will be compatible with, useable and readable by systems used by the City, as defined in Salt Lake City CADD Standards.

PART 4 CONSTRUCTION COST & BUDGET

4.1 NO CONTROL OVER CONTRACTOR’S MEANS

A. CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with any specific work project, which are solely the contractor’s responsibility. CONSULTANT shall not be responsible for the contractor’s schedules or failure to carry out the work in accordance with the related construction contract. CONSULTANT shall not have control over or charge of acts or omissions of the Contractor, subcontractor, or their agents or employees, or of any other persons performing any portion of the construction work.

4.2 CONSTRUCTION COST

A. The construction cost shall be the total cost or estimated cost to the city of all elements of the work designed or specified by CONSULTANT. Construction cost does not include the compensation of CONSULTANT and CONSULTANT’s subconsultants, the cost of land, rights-of-way, or other costs that are the responsibility of the City.

B. The City shall provide to CONSULTANT a maximum budget for construction cost.

C. The maximum budget for construction cost will include a 10% contingency for unforeseen construction costs. This construction contingency is for the use of the City after award of any contract for construction.

4.3 NO WARRANTY

A. Evaluation of the City’s project budget and CONSULTANT’s preparation of a statement of probable construction cost and a detailed estimate of construction cost represent CONSULTANT’s best judgment given its standard of care as specified in Article 2.2 of

Document 00700. 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 contractors or over competitive bidding, market or negotiating conditions. Accordingly, CONSULTANT cannot and does not warrant or represent that bids or negotiated prices will not vary from the budget established or approved by the City, or from any cost estimate or evaluation prepared by CONSULTANT.

4.4 BUDGET EXCEEDED

A. If the lowest accepted or negotiated bid for any specific work project exceeds the budget

(not including the contingency specified in Part 4.2C above) the City shall either: 1) give written approval of an increase in such budget limit; 2) authorize re-bidding or re-negotiating of the specific work project within a reasonable time; 3) give written notice if the specific work project is abandoned or terminated; or 4) cooperate in revising the scope and quality of the specific work project as required to reduce the construction cost.

If the City chooses to exercise alternate 4 and revise the specific work project scope and quality, CONSULTANT shall, without additional charge to the City, modify the drawings and specifications as necessary to comply with the maximum budget of construction cost. The provision of such redesign service shall be the limit of CONSULTANT’s responsibility arising from the establishment of a fixed construction cost budget.

PART 5 INSURANCE

5.1 GENERAL INSURANCE REQUIREMENTS FOR ALL POLICIES

A. 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 the City.

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

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

-or-

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

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

D. In the event any work is subcontracted, CONSULTANT shall require its subconsultant(s) at no cost to the City, to secure and maintain all minimum insurance coverage required of CONSULTANT hereunder.

E. All required certificates and policies shall 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 the City.

5.2 REQUIRED INSURANCE POLICIES

A. 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. Worker’s compensation and employer’s liability insurance sufficient to cover all of

CONSULTANT’s employees pursuant to Utah Law. This requirement includes those who are doing business as an individual and/or as a sole proprietor as well as corporations and partnerships. In the event any work is subcontracted, CONSULTANT shall require its subconsultants similarly to provide worker’s compensation insurance for all the latter’s employees, unless a waiver of coverage is allowed and acquired pursuant to Utah law.

a. The City should not be an additional insured for worker’s compensation insurance.

2. Commercial general liability (CGL) insurance with the Salt Lake City 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 products completed operations aggregate. 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, or a CGL insurance policy and an excess insurance policy. The City need not be listed as an additional insured on umbrella or excess insurance, only on the underlying policy. The policy shall protect the City, the CONTRACTOR and any subcontractors from claims for damages for personal injury, including accidental death, and from claims for property damage that may arise from the CONTRACTOR’s operations under this Contract whether performed by the CONTRACTOR itself, any subcontractor, or anyone directly or indirectly employed by either of them. Such insurance shall provide coverage for premises operations and acts of independent contractors, products and completed operations.

3. Professional liability insurance in the minimum amount of $1,000,000 per claim made with a $1,000,000 annual aggregate limit.

a. The City should not be an additional insured for professional liability insurance.

4. Commercial automobile liability insurance that provides coverage for owned, hired, and non-owned automobiles 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 and an excess insurance policy.

B. City continuation of coverage. If any of the policies of insurance required from CONSULTANT are cancelled or lapse, the City may at the City’s sole discretion, obtain substitute coverage at reasonable rates. The City may deduct the cost of such coverage, plus ten percent (10%) for administrative charges, from any monies owing to

CONSULTANT.

5.3 INDEMNIFICATION

A. CONSULTANT shall indemnify, save harmless and defend the City and its officers and employees from and against all losses, claims, demands, actions, damages, costs, charges and causes of action of every kind or character, including attorney’s fees, to the extent they are caused by CONSULTANT’s intentionally wrongful, reckless or negligent acts under this Agreement. If the City’s tender of defense, based upon the indemnity provision, is rejected by CONSULTANT or CONSULTANT’s insurer, 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 the City may have, CONSULTANT shall pay the City’s reasonable costs, expenses and attorney’s fees incurred in obtaining such indemnification, defending themselves or enforcing the indemnification provision.

PART 6 TERMINATIONS AND DISPUTE RESOLUTION

6.1 CONVENIENCE TERMINATION BY THE CITY

A. The City may terminate this Agreement at any time for convenience upon seven (7) calendar days’ written notice to CONSULTANT.

6.2 TERMINATION FOR CAUSE BY THE CITY

A. 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.

6.3 WORK PROJECT TERMINATION

A. The City may terminate CONSULTANT’s work on a specific work project initiated under this Agreement pursuant to this Article. If the City designates any termination as a “work project termination”, only CONSULTANT’s work on the specific work project shall be terminated and such notice shall not constitute a termination of this Agreement.

6.4 TERMINATION FOR CAUSE BY CONSULTANT

A. If the City materially fails to perform its responsibilities and obligations under this

Agreement, CONSULTANT shall notify the City in writing of such failure. If the City fails to cure its material breach within thirty (30) days after receiving such written notice from CONSULTANT, CONSULTANT may terminate its performance under this Agreement.

6.5 PAYMENT FOR TERMINATION

A. In the event of termination, the City shall pay CONSULTANT a percentage of the fee established for the specific work project based upon the ratio of work satisfactorily completed and reasonable costs incurred to the total work required as determined by the City, less any appropriate damages as the City may determine.

6.6 DISPUTES

A. Unless a decision is held by an appropriate court of law to have been procured by fraud or to be arbitrary and capricious or so grossly erroneous as necessarily to imply bad faith, any factual decision made under this Section shall be final and binding in any suit or action arising under this Agreement including any actions by CONSULTANT or others against the City or any of the City's agents, consultants or employees.

B. Compliance by CONSULTANT with the provisions of this Section shall be a condition precedent to any legal action by CONSULTANT or any of CONSULTANT's subconsultants against the City, or the City's agents, consultants or employees.

C. The provisions of this Section shall not preclude or limit judicial review of issues of law.

D. Any dispute arising under this Agreement concerning a question of fact which is not disposed of by an amendment to this Agreement shall be decided pursuant to the following procedure:

1. Any decision by the City’s Representative interpreting the requirements of this

Agreement may be appealed in writing to the department head of the City department responsible for the project.

2. 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.

3. 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's decision and shall specify in detail the basis for appeal claimed by CONSULTANT.

4. The City department head shall establish a dispute committee to hear appeals, consisting of three persons knowledgeable with the work of this Agreement.

5. The City and CONSULTANT shall each have the opportunity to fully present its case to the committee prior to the committee’s deliberation.

6. The committee may request any other materials and written memoranda necessary to consider the issues and may schedule other proceedings as necessary.

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

8. The decision of the committee shall be the final binding interpretation of the facts which are the subject of the appeal.

E. 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.

F. Any decision of the City to terminate any specific work project under this Agreement shall not be subject to the dispute resolution procedure of this Section.

PART 7 CONSULTANT/SUBCONSULTANT RELATIONSHIP

7.1 LISTED SUBCONSULTANTS

A. 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 subconsultant to perform portions of the work provided for in this Agreement. It shall be solely CONSULTANT’s responsibility to ensure that any of CONSULTANT’s subconsultants perform in compliance with the terms of this Agreement.