REQUEST FOR PROPOSALS

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1 REQUEST FOR PROPOSALS FOR THE GENEVA ROAD AREA-WIDE PLAN Issued September 18, 2017 City of Orem 56 North State Street Orem Utah 84057

2 TABLE OF CONTENTS 1.0 Introduction The Successful Applicant Fixed-Fee Contract and EPA Funding Project Background and Purpose Relevant Plans and Studies EPA Brownfields Area-Wide Planning Outline of Tasks and Deliverables Existing Conditions Alternative Scenarios of Development Public Outreach and Meetings Goals and Plan Finalization Zoning Ordinance Evaluation Criteria Proposal Submittal Requirements Content of Proposal Inquiries Concerning the RFP Format, Submission, and Deadline of Proposal Submittal RFP Timeline Billing Requirements INSURANCE REQUIREMENTS Minimum Limits of Insurance Deductibles and Self- Insured Retentions Notice of Incident or Accident Other Insurance Provisions Workers Compensation and Employers Liability Coverage All Coverage s Acceptability of Insurers Verification of Coverage Subcontractors Terms and Conditions

3 1.0 INTRODUCTION The City of Orem (the City) is requesting proposals for the preparation of the Geneva Road Area- Wide Plan (GRAP). This project will provide an area-wide plan for the Geneva Road Area (GRA), which will include a focus on potential brownfields, establishing effective redevelopment policies, identifying future assessment and cleanup funding options, and outlining strategies and tools for future redevelopment sites within the study area. It is anticipated that this plan will be completed concurrently over a period of twelve months. The Geneva Road Area 1.2 THE SUCCESSFUL APPLICANT The successful applicant must have considerable experience with brownfields and redevelopment, and a pragmatic approach to the work which results in realistic outcomes and relies extensively on collaboration with local stakeholders. Experience in completing other EPA funded Brownfield Area-Wide Plans will be highly preferred. 1.3 FIXED-FEE CONTRACT AND EPA FUNDING The successful applicant will be paid based on a not-to-exceed fixed-fee amount for contracted services as explained in section 5.0 Billing Requirements. Tasks (as outlined in section 2.0) will be funded by a grant from Environmental Protection Agency (EPA), and supplemented by City funds. Task 2.5 will be funded solely by the City. In accordance with the EPA grant rules, the selected contractor to comply with the applicable federal rules outlined in 2 CFR Part ( For more information on this program visit: 2

4 1.4 PROJECT BACKGROUND AND PURPOSE The City of Orem is the fifth largest municipality in Utah with a 2016 estimated population of roughly 97,500 residents. Orem is located in the heart of Utah County, approximately 45 miles south of Salt Lake City. Utah County is currently experiencing significant population growth and is expected add roughly 400,000 new residents by 2040; the City of Orem is projected to grow by 15,000 residents during that period (according to 2012 baseline population projections provided by the Utah Governor s Office of Management & Budget). The City of Orem is experiencing tremendous development pressure due to many factors, including a strong regional economy; proximity to two major universities (Brigham Young University in Provo with 31,000 students and Utah Valley University in Orem with 33,000 students); a high birth rate; and a high quality of life (#1 in Gallup Poll 2014 Well-Being Index, The Brookings Institute Fastest Job Growth during first quarter 2015; Forbes #1 Best Medium-Sized City for jobs 2015; Forbes #2 Best Housing Market for 2015; Millen Institute #3 Best-Performing Large Cities 2014 & 2015). With a limited amount of remaining undeveloped land, the majority of Orem s growth is expected to occur through the redevelopment of existing sites throughout the City. This has shifted the City Council and City staff s focus from large greenfield developments towards infill, redevelopment, and appropriate preservation policies. Orem experienced double digit growth in the late 1980s and 1990s and developed as the commercial and retail center of Utah County. The City continues to capture just over 1/4 of the retail sales in the County today. Redevelopment areas (RDAs) were established during this time to leverage Orem s economic development assets and promote development. Three were established on State Street, two on University Parkway, one at the Canyon Park Technology Center (the former WordPerfect campus), and one at the Orem Business Park (located near the University Parkway and Geneva Road intersection). As of today, six of the seven RDAs have expired. The Challenge of the Geneva Road Area The GRA has been an important industrial, employment, and residential area for the City of Orem and Utah County since the 1940 s. The area grew around the Geneva Steel plant (located in the nearby city of Vineyard), which opened in the early 1940s as an integral part of the war effort. It served as a significant regional employer and economic engine until its closure in This resulted in the loss of nearly 900 jobs. While the closure of the plant had a negative impact on the local economy, the remediation and development of the Geneva Steel property has brought significant new growth. However, despite development pressures related to the lack of readily developable land in central Utah County, several properties in the GRA located in Orem are underutilized and vacant. It is suspected that this is related to three major issues: (1) the risk of financial exposure to potential investors/developers due to the possibility of brownfield 3

5 contamination, (2) the lack of a plan for the area, and (3) the limitations of current zoning (the area is zoned primarily industrial). The City expects that the GRAP will address these issues. 1.4 RELEVANT PLANS AND STUDIES The City has recently completed multiple long range plans and studies that can provide helpful and relevant information. The State Street Corridor Master Plan created a long range vision for the future of State Street in Orem, and called for the development of key districts along State Street at major intersections, improved multi-modal transportation options, and new zoning regulations meant to strategically concentrate new growth. The Transportation Master Plan update in 2015 provides a comprehensive inventory of all current transportation modes, capacities, and effectiveness and seeks to create a projection of future needs and opportunities. These and other plans and studies are available for download at The City has recently undergone the planning process for the rezone of one District, the City Center District. It is anticipated that the ordinance for this new District will be adopted in the next few months. The City will soon be starting the planning process for the four remaining Districts. The zoning ordinance for the State Street Districts will be available for the successful applicant of this RFP to use as a template for the work to be done in the GRA. 1.5 EPA BROWNFIELDS AREA-WIDE PLANNING EPA s Brownfields Area-Wide Planning (BF AWP) Program is designed to help communities confront local environmental and public health challenges related to brownfields, and benefit underserved or economically disadvantaged communities. Area-wide planning for brownfields encourages community-based involvement in site assessment, cleanup and reuse planning, as well as overall neighborhood revitalization. Through a BF AWP approach, the community identifies a specific project area that is affected by a single large or multiple brownfields, then works with residents and other stakeholders to develop reuse plans for catalyst, high priority brownfield sites and the project area surrounding these sites. These reuse plans then inform the assessment and cleanup of brownfield sites. For Orem, only one catalyst site has currently been identified. This site is located at approximately 1116 North 1565 West, Orem, Utah, It encompasses approximately 10 acres along Geneva Road. It is anticipated that the contractor will help in selecting additional sites. These sites will play an important role in the GRAP. 4

6 2.0 OUTLINE OF TASKS AND DELIVERABLES The outline of tasks and deliverables for this project are contained in this section (the tasks will not necessarily take place in the order presented). While the City has provided an outline of tasks, list of deliverables, and estimated hours, it will be the responsibility of the contractor in the project proposal to detail how and when each task will be completed, actual hours required, staff assigned, billing rates, and total not-to-exceed cost (each task should be itemized). Proposal evaluation criteria and submittal requirements are contained in sections 3.0 and 4.0, respectively. Proposals may include supplementary tasks if the contractor feels there are additional elements needed. The final goal for tasks is a recommendation of the GRAP by Planning Commission and adoption of the plan by City Council. The final goal for task 2.5 is a recommendation of a new zoning ordinance for the GRA by Planning Commission and an adoption of the new zoning ordinance by City Council. 2.1 EXISTING CONDITIONS Scope of Work The contractor will complete a historic analysis of past uses. The contractor should utilize historic aerial photos, government records, and other means to determine the history of the properties located within the Geneva Road area (GRA). Based on this research the contractor should provide a map / inventory of properties that are likely to be brownfields. The contractor will complete a GIS inventory of existing infrastructure, including buildings, utilities, trails, sidewalks, roadways, railroad corridors, etc. The city has many resources that can be used to complete this task. The contractor will complete a survey / inventory of all existing businesses located in the GRA. The current business type, employee numbers, and other pertinent information should be provided (this data should be also provided in GIS format). The contractor will complete a market study for the GRA and recommend additional catalyst sites. Key locations for future redevelopment (such as major intersections along Geneva Road) will also be identified. The contractor will analyze the opportunities for various types of land uses in the GRA including retail, office, industrial, and residential development. The market study should explain how the GRA would develop without government intervention, and then identify how development could be most effectively incentivized, relying heavily on input from local real estate and development professionals who are familiar developing similar properties in Utah. The study should identify what impact the risks associated with possible brownfields are having on the redevelopment potential in the GRA, particularly for the selected catalyst site(s). (In the City contracted with a local consultant to complete an economic development strategic plan. This report spent only a few pages discussing the GRA with no reference to brownfields and no primary research involving land owners, businesses, and other stakeholders. This market study can reference the City s economic development strategic plan but should re-examine the inadequate analysis and provide practical 5

7 recommendations based on primary research, stakeholder involvement, and knowledge of brownfield requirements The contractor will determine specific feasible land reuses for the catalyst site(s) based on the existing conditions research, the data in the market study, and primary research with local real estate and development professionals who are familiar developing similar properties in Utah. Deliverables Historic analysis of past uses for properties in the GRA ( hours) GIS inventory of existing infrastructure in the GRA ( hours) Inventory of existing businesses ( hours) Market study for the GRA which identifies additional catalyst sites, key locations for redevelopment, and relies heavily on primary research / interviews ( hours) Provide specific highest and best use analysis for catalyst site(s) ( hours) Funding & Estimated Hours Funding: EPA Grant Estimated total hours: hours 2.2 ALTERNATIVE SCENARIOS OF DEVELOPMENT Scope of Work Based on public participation, develop at least three alternative concepts for the future of the GRA. Each alternative concept should include an analysis of the associated advantages and disadvantages. Provide maps and graphics that illustrate these various scenarios. The catalyst site(s) should play a prominent role in demonstrating the alternative concepts. Provide at least three photo-morph visuals (videos) which help stakeholders, residents, and elected officials gain a vision for the future of the GRA. These visuals will be used at meetings and also as content for online public outreach. Deliverables Develop at least three alternative concepts for the future of the GRA, using the catalyst site(s) to demonstrate the alternatives ( hours) Create at least three photo-morph visuals (videos), one for each alternative concept, showing how at least one perspective of the GRA may change over time - example: vimeo.com/ ( hours) Funding & Estimated Hours Funding: EPA Grant 6

8 Estimated total hours: hours 2.3 PUBLIC OUTREACH AND MEETINGS Scope of Work Work with City to engage public online. Design up to three online surveys to be used with the city s online Orem Forum tool in order to receive public input. Include information from previous tasks and other information to educate the public regarding the GRA, the plans being created, and possible redevelopment opportunities. Make all necessary preparations for four public open house events. The first open house will be a kick-off event to provide information about brownfields and the GRAP process. The second open house will be used to receive input regarding the three alternative concepts. The third open house will be used to receive input on the alternative concept that was selected as the preferred future vision of the GRA. The fourth open house will be a brownfield workshop / training for land owners and stake holders meant to guide them through the process and explain next steps. City staff will lead all meetings, but the contractor will be responsible for providing presentations, creating handouts, and making all other preparations. Only contractors who are needed should attend the meetings (unnecessary personnel should not attend in order to increase the bill-able contract amount). Standard public meetings / charrettes that result in minimal participation and minimal stakeholder input are not desired. The open house meetings should be interesting, educational, and well attended. The contractor should assist the city in sending invitations and advertising the event to GRA businesses/landowners, as well as members of the general public (City-wide). Members from the development community (including developers, builders, realtors, investors, etc.) should also be invited. Compile data and assemble public input into a report to be included in the GRAP. Evaluate all input received from the website, business group meetings, and the public meetings. Assemble the data in a report and identify recommendations moving forward based upon public input. Prepare presentations for one staff meeting, two Advisory Council meetings, two Planning Commission meetings, and two City Council meetings. City staff will lead all meetings but the contractor will be responsible for providing presentations, creating handouts, and making all other preparations. Only contractors who are needed should attend the meetings (unnecessary personnel should not attend in order to increase the bill-able contract amount). It is anticipated that there will be a round of meetings at the beginning of the process, and a round of meetings towards the end of the process. Deliverables Up to three online surveys utilizing Orem Forum ( hours) Four open house public meetings (40-80 hours) 7

9 Compile public outreach data into an easily readable report which can later be adapted to be included in the GRAP ( hours) Plan for seven other meetings with staff, an advisory council, Planning Commission, and City Council (30-60 hours) Funding & Estimated Hours Funding: EPA Grant Estimated total hours: hours 2.4 GOALS AND PLAN FINALIZATION Scope of Work Based on public participation at the open house events, and based on conclusions from the data, recommend one of the alternative concepts as the future vision for the GRA. This future vision should include the following elements: Provide an area-wide plan for the future vision that illustrates how the GRA will look and operate in the future when the vision is fully implemented. Provide a defined and clear direction of the steps the City needs to take in order for development and redevelopment to occur in the GRA. Provide practical recommendations on zoning, public improvements and amenities, and City policies that will encourage the future vision. These recommendations and implementation steps should be organized into short, medium, and long term actionable goals that enable the City to achieve the proposed vision based on best practices from local jurisdictions with similar corridors and conditions. In a separate section or chapter, develop implementation tools and strategies specifically related to brownfield redevelopment. Identify steps to be utilized by property owners to address the possibility of brownfield contamination. Create a checklist or toolkit to specify actions, steps, and identify means of support from local, state, and federal government (financially and through other means). This should be included in the GRAP but also adapted as a separate stand-alone document that can be distributed to property owners in the GRA that are likely to have brownfield contamination. Provide recommendations for multi-modal forms of transportation, appropriate pedestrian connection and walkability options, innovative intersections, and transit/transportation projects. These recommendations should explain how making these improvements will encourage the future vision of the GRA. The study should reference the City s Transportation Master Plan as well as the North Utah County Study conducted by MAG, UTA, and InterPlan. Combine all previous tasks contained in sections into a document titled the Geneva Road Area-Wide Plan. The plan document should contain an executive 8

10 summary which can be used as a stand-alone document, providing the general public an easy way to digest the findings and outcomes of the plan. Keep the rest of the plan as concise as possible, utilizing the appendix for large or numerous data tables, maps, graphics, etc. Take all necessary steps for the GRAP to be recommended by Planning Commission and adopted by City Council. Deliverables Select one alternative concept as the future vision for the GRA and provide: Build on plan for the alternative concept that was selected as the future vision ( hours) A defined and clear direction of the steps the City needs to take in order to reach the future vision ( hours) Implementation tools and strategies for brownfield redevelopment ( hours) Recommendations for multi-modal transportation improvements that will encourage the future vision ( hours) Compile all previous tasks ( ) into a document titled the Geneva Road Area-Wide Plan ( hours) Funding & Estimated Hours Funding: EPA Grant Estimated total hours: hours 2.5 ZONING ORDINANCE Scope of Work Provide a mixed-use district plan and zoning ordinance compatible with the existing structure of the City of Orem s zoning ordinance and modeled after the ordinance used for the State Street Districts. The zoning ordinance should include at least the following: The zoning ordinance text: the new zoning ordinance that will allow for greater density at strategic locations in the GRA and a mix of land uses including residential, office, retail, and industrial. The successful applicant will not be writing the zoning ordinance (or designing the ordinance maps and graphics) from scratch. The contractor will be building off of a template which has been created for the State Street Districts. This will save a considerable amount of time and money. The templates available include both the text of the ordinance and the Adobe and GIS files needed to create the graphics and maps. The final ordinance must be compatible with the printed and digital 9

11 structure of the Orem City Code and include all relevant text, imagery, and graphics necessary for the full execution of the ordinance. Zoning map: a map showing where new rezones will occur based on the recommendations and findings of the GRAP. Include accurate GIS shapefiles of these zones. Street connectivity map: provide a map showing new proposed streets to increase the connectivity of the GRA, Street cross sections: provide a map showing right of way cross sections for different road classifications based on complete streets principles, include mid-block crossings, and other grid network and right of way improvements (must correlate with guidelines found in the Transportation Master Plan 2015, Access Management, Traffic Impact Studies, and Connectivity) Parking requirements: provide on street parking location and strategies, parking requirements for an urban mixed use district, multifamily parking management strategies. Take all necessary steps for the new zoning ordinance (text, maps, and graphics) to be recommended by Planning Commission and adopted by City Council. Deliverables Provide a mixed-use district plan and zoning ordinance which will include: Ordinance text ( hours) Zoning map (40-80 hours) Street connectivity map (40-80 hours) Street cross sections ( hours) Parking requirements ( hours) Funding & Estimated Hours Funding: City Funding Estimated total hours:

12 3.0 EVALUATION CRITERIA Proposals will be evaluated by a selection committee. The Selection Committee will include project stakeholders, as well as key City staff members. Each section of the proposal will be scored from 0 (not responsive) to 10 (fully meets the requirements) based upon a weighted scale as indicated below. Short-listed firms will be invited to participate in an interview. Section 4.0 will outline the submittal requirements in detail. Cost of Services (40%) Project Understanding and Approach (30%) Staff Qualifications (30%) 4.0 PROPOSAL SUBMITTAL REQUIREMENTS 4.1 CONTENT OF PROPOSAL The proposal must include the following sections: Proposal Section 1. Signed Cover Letter and Title Page This letter will briefly summarize the firm s interest in performing the work and the commitment of key personnel identified in the proposal. It should also provide a summary of the key elements of the qualifications of the firm and its sub-consultants. The title page should provide the name of the applicant and other team member firm(s) listed in the proposal (if any), including their address, primary contact person, and the date of submission. Proposal Section 2. Project Understanding Provide a brief narrative statement that demonstrates the applicant s understanding of, and agreement to, providing the necessary services to achieve the objectives outlined in this RFP. Proposal Section 3. Statement of Experience Provide an overview of the applicant s pertinent experience, demonstrating a working knowledge of brownfields, redevelopment, effective public outreach, area-wide plan creation, and ordinance writing. All experience referenced MUST have been gained by staff members who currently work with the firm and will be assigned to this project. Failure to meet this requirement (the prime- or sub-contractors) will disqualify the proposal. Proposal Section 4. Proposed Scope of Work Provide a proposed scope of work that demonstrates in detail how the applicant will successfully complete the tasks outlined in section 2.0 of this RFP. While the City has provided an outline of tasks, list of deliverables, and estimated hours, it will be the responsibility of the contractor in 11

13 the project proposal to detail how each task will be completed, hours dedicated, staff assigned, billing rates, and total not-to-exceed cost (each task should be itemized). Proposal Section 5. Project Timeline Provide a detailed schedule for the tasks to be completed. Proposal Section 6. Cost Proposal Provide a project budget in a line-item format that provides a breakdown of costs per task and a total cost of all tasks. All costs must be included in the total cost figure including travel, etc. Proposal Section 7. Project Team Description Introduce the proposed project team (including sub-contractors, if any) and their roles in performing the scope of services proposed. Provide an organization chart that identifies key project team members and their roles. Resumes of key staff may be included but limited to one (1) page each (preferably ½ page). Proposal Section 8. Proof of Insurance: The Applicant must provide proof of the required insurance coverage as per section 5.0 of this RFP. Proposal Section 9. Examples of Past Work and References: Each proposal should include two examples of recently completed projects related in scope to this proposal (examples should be limited to two, regardless of the number of sub-contractors). These two examples should be presented in the appendix of the proposal or attached to the proposal submission. Each example should be preceded by a cover page with one paragraph summarizing the project and describing the practical outcomes of the study. Include on the cover page the client s contact information. 4.2 INQUIRIES CONCERNING THE RFP Questions relating to this RFP shall be directed to City s project manager. Questions are required to be asked via . All questions and responses will be provided online at and located under the Geneva Road Area-Wide Plan link. These questions and answers will be updated weekly. Contact: Project Manager Kirby Snideman Long Range City Planner City of Orem ksnideman@orem.org 12

14 4.3 FORMAT, SUBMISSION, AND DEADLINE OF PROPOSAL SUBMITTAL Proposals must be formatted as 8 ½ x 11 pages in the portrait orientation (11 x 17 sheets permitted for charts, graphs, or maps that require a larger surface). Proposals must be submitted electronically via in PDF file format. If the proposal is too large for an , a download link can be sent via . Ten paper copies of the proposal must also be submitted (only one copy of the two examples of past work needs to be submitted). Proposals must be received no later than 3:00pm, Mountain Standard Time, October 27, Late proposals will not be considered. Proposals must be submitted to the following addresses and physical address: Addresses: Kent Allen krallen@orem.org Kirby Snideman ksnideman@orem.org Physical Address: Attention: Kent Allen 56 N State Street Orem, Utah RFP TIMELINE The following dates are estimates and are subject to change: October 27, 2017 November 3, 2017 November 13, 2017 November 17, 2017 Dec 4, 2017 Proposal Submission Deadline Finalists Notified Presentations / Interviews to Selection Committee Successful Applicant Notified Project Start Date 13

15 5.0 BILLING REQUIREMENTS The successful applicant will be paid based on a not-to-exceed fixed-fee amount for contracted services. The contractor will be required to send an invoice monthly with a percent complete assigned to a particular task as outlined in Section 2.0 of this RFP. Only expenses with receipts will be reimbursed and these receipts must be submitted along with the monthly invoice. Expense categories not expressly agreed to by the City and the time of contract signing are not reimbursable. 6.0 INSURANCE REQUIREMENTS Contracting party shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the contracting party, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contracting party s proposal. 6.1 MINIMUM LIMITS OF INSURANCE Contracting party shall maintain limits no less than: Professional Liability: $2,000,000 combined single limit per occurrence, $3,000,000 aggregate. Automobile Liability: $2,000,000 combined single limit per accident for bodily injury and property damage. Any Auto coverage is required. Worker s Compensation and Employers Liability: Worker s compensation limits as required by the State of Utah and Employers Liability limits of $1,000,000 per accident. 6.2 DEDUCTIBLES AND SELF- INSURED RETENTIONS Any deductibles (5% limit) or self-insured retentions must be declared to and approved by the City of Orem. At the option of the City of Orem, either: the insurer may be required to reduce or eliminate such deductibles or self-insured retentions as respects the City of Orem, its officers, officials and employees; or the contracting party may be required to procure a bond guaranteeing payment of losses and related investigations, claim distribution and defense expenses. 6.3 NOTICE OF INCIDENT OR ACCIDENT Contracting party shall agree to disclose to the City of Orem, all incidents or occurrences of accident, injury, and/or property damage covered by the insurance policy or policies. 14

16 6.4 OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverage s 1. The City of Orem, its officers, officials, employees and volunteers are to be named as additional insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City of Orem, its officers, officials, employees or volunteers. 2. The contracting party s insurance coverage shall be a primary insurance as respects the City of Orem, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Orem, its officers, officials, employees or volunteers shall be in excess of the contracting party s insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Orem, its officers, officials, employees or volunteers. 4. The contracting party s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer s liability. 6.5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE The insurer shall agree to waive all rights of subrogation against the City of Orem, its officers, officials, employees and volunteers for losses arising from work performed by the contracting party for the City of Orem. 6.6 ALL COVERAGE S Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of Orem. 6.7 ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Bests rating of not less than A-:VIII, unless approved by the City Manager. 6.8 VERIFICATION OF COVERAGE Contracting party shall furnish the City of Orem with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City of Orem reserves the right to require complete, certified copies of all required insurance policies, with all endorsements, at any time. 15

17 6.9 SUBCONTRACTORS Contracting party shall include all subcontractors as insured s under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage s for subcontractors shall be subject to all of the requirements stated herein. 7.0 TERMS AND CONDITIONS The City of Orem reserves the right to reject any or all proposals submitted if such election is deemed to be in the best interest of the City. The City assumes no obligation or liability for costs incurred by the responding firms prior to issuance of a contract. All proposals and all information submitted as part of or attached to any proposal shall become the property of the City. The City reserves the right, in its sole discretion, to use or allow the selected proposer to use in connection with the City Center District Zoning Ordinance Update without limitation any and all information, concepts, and data submitted in response to this RFP, or derived from further investigation of such proposals. 16

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