Company: Legal Status: Sole Proprietor Non-Profit Corp. Profit Corp. Partnership Gov. Ordering Address: Phone: Remit Address:

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1 Riverton City Purchasing South 1700 West * Riverton, Utah REQUEST FOR QUOTATION BEFORE REPLYING TO THIS QUOTATION PLEASE READ THE INSTRUCTIONS AND GENERAL PROVISIONS PROVIDED WITH THIS DOCUMENT REPLIES MUST BE LEGIBLE Company: Legal Status: Sole Proprietor Non-Profit Corp. Profit Corp. Partnership Gov. Ordering Address: Quotation No.: CC17104 Contact Person: Fed. ID No. Department: Phone: Fax: Requisition Number: Inquiries Sent To: Craig Calvert ccalvert@rivertoncity.com Remit Address: Price Guaranteed Until - Date: Phone: Date Sent: 7/28/2017 Payment Terms: Shipment will be made A.R.O. 1. The item(s) specified on this quotation are produced, mined, grown, manufactured, or performed in Utah? Yes No IF No then where produced, etc.: Quotations must include manufacturer's descriptive literature & F.O.B. origin and destination freight cost or freight allowed or they may be rejected. Terms of shipment for F.O.B. origin means: Shipper load, carrier count and stow, consignee unload, freight collect! RETURN QUOTATION TO: Riverton City Note: Quotations MUST be received by: Attn: Purchasing August 3, S. Redwood Road THE QUOTATION NUMBER LISTED IN THE Riverton, Utah UPPER RIGHT-HAND CORNER OF THIS DOCUMENT MUST BE REFERENCED Phone: WHEN RETURNED. Fax: Visit the Riverton City Home Page at: FREIGHT INFORMATION: Shipping point and zip code: National Motor Freight Classification: Shipping Weight: Item(s) and Specifications Quantity Unit Net Unit Price Extended Price Quote to complete the Midas Creek Trail System Environmental Assessment Study as per the attached scope of work. 1 Lot - Contract terms and conditions attached. Total Price, without freight (FOB Origin) $ - Total Price, with freight (FOB Destination) $ - Receipt of addendum acknowledgement. Addendum # The undersigned certifies that the vendor is willing and able to furnish the item(s) specified on this quotation! Vendors Authorized Agent: type or print NAME and TITLE) Signature: Please SIGN IN INK or this quote may be rejected, Your signature indicates you have read and agreed to the Instructions & General Provisions. Electronic submittal Implies signature Date:

2 RFP Midas Creek Trail System Environmental Assessment Study Study Riverton City is soliciting proposals for consulting services to perform an environmental assessment for the Midas Creek Trail system from approximately 4000 West to South Park Hollow Drive. Purpose Riverton City desires to complete unfinished portions of the Midas Creek Trail system between 4000 West and South Park Hollow Drive. The trail parallels Midas Creek and was built in conjunction with development. A few short segments of the trail including a bridge over the Welby Jacobs Canal were not completed by development. It is also anticipated that two small parcels of land will need to be purchased and a permit with Salt Lake County to pipe a short portion of Midas Creek near 4000 West will be required. Riverton has obtained Federal Highway Transportation Alternative Program (TAP) funding to complete the trail system. A requirement of the TAP funding project approval process is to complete an Environmental Assessment. Riverton is responsible to complete the assessment prior to receiving project funding. UDOT has established a project Pin Number and assigned Steven J. Quinn as the Project Manager. Scope of Work: Complete an Environmental Assessment meeting the requirements of the TAP funding process. Attachments: TAP application

3 TAP Project Evaluation Concept Report Form ( TIP) Please complete information in all yellow shaded cells Funding Year Project Type Capital Improvement Funding Type TAP Project Information Contact Information Name of Project Midas Creek Trail Agency Riverton City Location: From To Midas Creek Trail from Mtn View Midas Creek Trail to 4000 West Primary Contact Phone Trace Robinson Project Length 1 miles Cell Phone City Riverton trobinson@rivertoncity.com County Salt Lake UDOT Region 2 Project Description - Project Description / Objectives / Costs Describe the Purpose/ Need for this Project (limit 325 characters) The purpose of this propject is to complete the West section of the Midas Creek Trail from 4000 W to the Herriman/Riverton boarder. This will connect the trail through South. Project Objective On-road or Off-road Trail Facilities In which Plan can the Project be Found? Regional Bike Plan To review or verify the associated plan for the project please reference the Interactive Regional Transportation Plan map at: RTP Map Cost Estimates should be calculated from the "17-22 Concept Cost Estimate Form" Estimated Project Cost $ 212,285 Federal Request $ 182,285 Local Funds $ 30,000 Project Details - Connectivity / Bridging Gaps Elementary Schools Yes Transit Stations No Work No Project Provides Access to (Existing): Select All that Apply Trails/ Parks Yes High Schools No Shopping Yes Middle Schools No Community Centers No Other: Yes Church To what Extent does the Project Fill a Gap or Complete a Connection? This project would complete the Midas Creek Trail connections between the Mountain View Cooridor and Bangerter Highway. How does the Project Demonstrate an Innovative Approach to Solving a Transportation Problem? Completion of this trail will provide safer and more direct active transportation routes to the existing trail network that connects to schools, parks, a church and via the Welby Jabocs Canal, shopping center off South 4000 West. Project Evaluation - Template 1 7/18/2017

4 Project Details - Existing Conditions TAP Project Evaluation Concept Report Form ( TIP) Please complete information in all yellow shaded cells. Elementary Schools 0.09 Transit Stations Work Project Proximity to (Existing Distance in Miles): Enter All that Apply Trails/ Parks 0 High Schools Shopping 0.8 Middle Schools Community Centers Other: 0.16 Church (Park isright off of trail.) Existing Traffic Control Devices Enter All that Apply School Signs Yes Bike Lane Markings Pedestrian Signals Crosswalks Yes Wayfinding Signs Other: List Other Devices here Desired Upgrades to Traffic Control Devices Enter All that Apply School Signs No Bike Lane Markings No Pedestrian Signals No Crosswalks No Wayfinding Signs Yes Other: List Other Devices here Discuss other facilities which might also benefit from the project improvements. The Welby Jacobs Canal will gain a bridge crossing at the Midas Creek Trail instersection. Describe the status of the current walking surface, and/ or other existing facilities that affect this project. The current surface is pavement and unimproved dirt. Completion of the trail will improve all surface to pavement. Current Conditions of the Walking/ Biking surface where the project would be constructed: (Enter Percent of All that Apply) Improved Unpaved Surface Not Improved Walking/ Biking Surface Percent Paved Improved Paved Surface 85% Unpaved 15% Percent Improved - Other Material Percent User Data (Enter All that Apply) Total Number of Students in the School Total Number Walking/ Biking to School Not avail Not avail Estimated number of Students that can Walk/ Bike on the Facility where the Project is Proposed Not avail Number of Commuter /Multi User Other: List Other Users here Current Barriers to Active Transportation in this Corridor Rank the Barriers in Priority 1 to 12 (using each number only once) (1 first concern - 12 least concern ) Driving is more convenient Insufficient Walkways Geographical Barriers 3 No Safe Place to Ride a Bike or Limitations for People with Traffic Crashes within 1 mile of Project 1 9 Walk to School Disabilities over last 3 years 8 2 Bike parking is missing, Public Safety Concerns (Crime, An Arterial or Highway Divides the 7 11 insufficient or non-secure Violence, etc.) Destination from Homes 12 4 School Drop-off/ Pick-up Creates Dangerous Driving & Crossing Streets & Intersections are 5 6 Unsafe Conditions Vehicle Speeds on Road difficult or Dangerous 10 Do you have a Current Education Program for Peds & Bike Riders? Yes If Yes, describe any Existing Programs that Educate and/ or Encourage Walking or Bicycling Riverton Has Sole and the UPD Bike Rodeo How are existing conditions contributing to unsafe conditions? Incomplete or missing sections of trail or neccesary crossings. Project Evaluation - Template 2 7/18/2017

5 TAP Project Evaluation Concept Report Form ( TIP) Please complete information in all yellow shaded cells. Project Details - Vision Implementation / Growth Principles To what extent does the project coordinate with other plans or projects? Riverton City Active Transportation Master Plan and the Regional Transportation Plan Anticipated Users on this facility if the Facility was Improved (Enter All that Apply) Number Walking to School UNK Number Biking to School UNK Number of Commuter /Multi User UNK How does the project provide connections to transit? This trail connections to existing routes on South and South. How does the project accommodate pedestrian traffic? (Crosswalks, Sidewalks, Lighting, etc.) Trail has connections to sidwalks and crosswalks. How does the project accommodate bike traffic? (with Signing, Striping, Separate Lanes, etc.) Completion of this route will provide additional access for bike users in the "Concerned but Interested" category. Efforts to Preserve the Corridor ((How much Right-of-Way has been acquired) / (Total Amount of Right-of-Way necessary for the Project)) (Percent of Corridor Preserved) 75 to 100 % Click Here to Access the Wasatch Choice for 2040 Vision Brochure How does the project help implement one of the Corridors, Communities, or Centers in the Wasatch Choice for 2040 Vision (see link to the left) This implements Corridors by connecting residents to a larger network, increasing the opportunity for active transportation. Project Details - Community Support/ Project User / Safety Improvements How have you or how will you coordinate with other agencies? Riverton City will apply for a permit and coordinate with the Canal Company for the Welby Jacobs Canal. What is the Local Commitment to Improving and Maintaining Bicycle/ Pedestrian Facilities? Riverton City has completed a Bike and Pedestrian study and is in the process of compiling an Active Transportation Plan What is the project's primary use? Recreational Use Community Awareness/ Project Support Extensive Support Does the project meet the needs of a broad range of users? Advanced, Basic, and Children Estimated Average Daily Users Existing UNK Projected UNK Calculated Latent Demand This value will be input by WFRC Staff How will the project affect attitudes and behaviors regarding non-motorized transportation? Completion of this trail will improve user attitue and create safe behaviors by providing a complete route into an existing network. Shared use Path Outside of Roadway Yes Provides Proper Signage and Markings No Provides Additional Nonmotorized Safety Benefits (Select all that Apply) Enhanced Separation from Motorized Vehicles On-street N/A Provides Safe Crossing at Railroads, Roadways, or Rivers Yes Eliminates or Mitigates Roadway Hazards (Intersection Drainage, Storm Drains, Potholes, Pavement Edge Drop, etc) N/A Other Safety Related Improvements List other Safety Items here Project Evaluation - Template 3 7/18/2017

6 TAP Project Evaluation Concept Report Form ( TIP) Please complete information in all yellow shaded cells. Why should this project be considered a priority over the other projects submitted? Why should this project be selected or Why is this project necessary? (limit 1000 Characters) Completion of this trail will connect users to the proposed Welby Jacobs Canal Trail, the Proposed Paved Rocky Mountain Power Trail in Herriman, the Mountain View paved trail and the network of paved trails/paths to the North going into the Daybreak community. Submission Details - All Projects Must - Complete the "17-22 TAP Project Evaluation Concept Report Form" Completed Forms Yes All Projects Must - Complete the "17-22 Concept Project Cost Estimation Form" Yes All Planning Projects Must - Include a copy of their work scope. At a minimum, the work scope should address: Regional Transportation Goals; Financial/ Operational Feasibility; Safety and Connections with transit, schools, and activity centers; Communication with the public and coordination; Planning Guides standards, best practices Yes Include Drawings (Cross Section, Aerial or Scale Drawings) Yes Include Project jpg's (Project Location, Aerials, or Project Improvements) NOTE - The project pictures may be used to display and present the project to the TAC's and Others for Evaluation Yes Please submit all information in a Hard Copy and an Electronic Copy Format to Ben Wuthrich Mailing Address North Jimmy Doolittle Road, Salt Lake City, Utah Address - bwuthrich@wfrc.org Projects to be considered will need to meet the eligibility criteria for the Transportation Alternatives Program (TAP) and be sponsored by a public agency. The requested information in this "Project Evaluation Concept Report" along with other evaluation criteria such as project field review, etc. will be used to prioritize and score each project in preparation for project discussion and recommendation. Should you have any questions or require additional assistance concerning this report, please contact Ben Wuthrich at (801) ext (Office), (801) (Cell) or at bwuthrich@wfrc.org How many "Project Evaluation Concept Reports" did your jurisdiction submit? (Including STP, CMAQ, and TAP) Out of all your jurisdiction's project submissions, 2 what priority would this project be to Your Agency? 1 Please Note; this "Project Evaluation Concept Report" has been developed for identifying and evaluating projects for the Wasatch Front Regional Council (WFRC) Transportation Alternatives Program (TAP) funds. This report will help advance the project through the development process. Supplemental information neccessary to verify project data should accompany each project portfolio or project may be removed from project evaluation and consideration. Project Evaluation - Template 4 7/18/2017

7 PROJECT NAME: Midas Creek Trail Funding Type: TAP Cost Estimate - Concept Level Prepared By: Trace Robinson Date 7/18/2017 Proposed Project Scope: Complete 3 trail connections by grading and paving 2 sections and constructing a bridge Who owns this facility?. City Approximate Route Reference Mile Post (BEGIN) = 4560 W (END) = 4000 W Project Length = miles 895 ft Current FY Year (Oct-Sept) = 2016 Assumed Construction FY Year = 2017 Construction Items Inflation Factor = yrs for inflation Assumed Yearly Inflation for Engineering Services (PE and CE) (%/yr) = 3.0% Assumed Yearly Inflation for Right of Way (%/yr) = 3.0% Items not Estimated (% of Construction) = 20.0% Preliminary Engineering (% of Construction + Incentives) = 8.0% Construction Engineering (% of Construction + Incentives) = 10.0% Enter 2022 for STP & CMAQ Projects and 2017 for TAP Projects Construction Items Cost Remarks Pulic Information Services $0 Roadway and Drainage $0 Traffic and Safety $0 Structures $0 Environmental Mitigation $0 ITS $0 Other Construction Cost Information Needs to be Provided on Separate Spreadsheet $100,639 Breakdown on separate sheet Subtotal $100,639 Items not Estimated (20%) $20,128 Construction Subtotal $120,767 P.E. Cost P.E. Subtotal = $9,661 8% C.E. Cost C.E. Subtotal = $12,077 10% Right of Way Right of Way Subtotal = $64,400 Utilities Utilities Subtotal = $2,013 Incentives Incentives Subtotal = $0 Miscellaneous Miscellaneous Subtotal = This field could be used for those non-construction type projects $0 Information Needs to be Provided on Separate Spreadsheet Project Cost Estimate Concept Report Cost Work Prior to an Approved Environmental Document Environmental Document Utilities - Not Eligible for Federal Reimbursement P.E. $9,700 $10,000 Right of Way $64,400 $66,300 Utilities $2,000 $2,100 Construction $120,800 $127,400 C.E. $12,100 $12,500 Incentives $0 $0 Aesthetics 0.75% $900 $900 Change Order Contingency 9.00% $11,000 $11,600 UDOT Oversight 5.00% $6,800 $7,200 Miscellaneous $0 $0 $0 $0 $0 Cost not Eligible for Federal Aid TOTAL $227,700 TOTAL $238,000 $0 $0 Remarks Other Contributing Funding Sources (i.e. Additional Sponsor Funds, Developer, etc.) $0 $0 Information Needs to be Provided Explain: Estimated Total Project Cost 2016 $ $0 PROPOSED FEDERAL FUNDS REQUESTED TOTAL $212,285 TOTAL $221,887 Required Matching Funds TOTAL $15,415 TOTAL $16,113 Project Sponsors TOTAL Estimated Investment 2016 $ $0 7/18/2017 Concept Level Est Form Rev. 12/5/2013

8 Midas Creek Trail Project Work Scope- This project consists of 3 sections. Section 1 will be grading and paving a connection point between 2 existing sections of trail. Section 2 will be the construction of a bridge going over the Welby Jacobs Canal. Section 3 will be the acquisition of right of way, grading and paving of the remainder of the trail to 4000 West. Off-road paved trails have been identified as a preferred method of bike users according to the Riverton City Bike Study completed in This route will be on Riverton City s Active Transportation Plan as an additional route connecting to South Jordan and Herriman. Trail maintenance will be completed as needed. Completion of the Midas Creek Trail will provide a more direct and safer route for adults and children going to school or church.

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12 Section A- 230ft length 10ft wide

13 Section B- 575FT Length 10 wide

14 Section C: Bridge over the Welby Jacobs Canal

15 Request for Quotation Instructions and General Provisions "Failure to comply with the following instructions may cause rejection of this quotation" 1. Administrative Authority: The administration of this purchasing process is conducted by the Riverton City Purchasing Agent. No contact of the City Mayor, City Council or any employee in regards to this solicitation other than those listed herein. 2. No Obligation Implied: This Request for Quotation implies no obligation on the part of Riverton City. 3 Contract requirements: Any contract that may arise from this Request for Quotation is subject to the following Terms and Conditions: INDEMNIFICATION - The contractor agrees to protect, indemnify and hold Riverton City, the City Council, the Mayor, and all employees (collectively the "Indemnities") free and harmless from and against all losses, claims liens, demands and causes of action of every kind and character arising out of performance of the Work by the contractor or by its subcontractors, including the amount of judgment, penalties, interest, court costs and legal fees incurred by the Indemnities or any of them in defense of the same, arising in favor of any party, including governmental agencies or bodies, on account of, but not limited to, taxes, claims, liens, debts, personal injuries, death or damages to property (including property of Indemnities). The Contractor further agrees to; investigate, handle, respond to, provide defense for and defend any such claim, demand or cause of action at its sole expense, and agrees to bear all other costs and expenses related thereto, even if such claim, demand or cause of action is due solely to the fault of Riverton City and, release, indemnify and hold the Buyer, its officers, agents and employees harmless from liability of any kind or nature, including the contractor s use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of this contract. Riverton City is a governmental entity under the Governmental Immunity Act and waives no defenses, limits of liability or other rights. INDEPENDENT CONTRACT - It is understood and agreed by the parties that the contractor is to act in the capacity of an independent contractor and as such will have no authorization, express or implied to bind Riverton City to any agreements. Contractor's officers and employees shall not be considered as employees or officers of the City and shall not be entitled to any employee benefits as City employees as a result of the execution of this agreement. INSURANCE - The contractor agrees to acquire and maintain the appropriate insurance, in the appropriate amounts, for the service(s) provided. This may include, but not limited to workers compensation, liability and errors in omission. Proof of insurance will be provided to the City upon request. WORKFORCE - The Contractor agrees to register and participate in the Status Verification System to verify the work eligibility status of the Contractor's new employees that are employed in the state. The Contractor further agrees to have each contractor or subcontractor who works for or under main contractor, certify by affidavit that the contractor or subcontractor has verified through the Status Verification System the employment status of each new employee of the respective contractor or subcontractor. 4. Riverton City Reservations: The right is reserved to cancel this Request for Quotation or to accept or reject any or all quotes, and to waive any informality or technicality in any quote, in the interest of Riverton City. Riverton City reserves the right to award multiple contracts to more than one vendor for the same or similar items. Riverton City reserves the right for an option to renew or extend any contract that may arise from this Request for Quotation, not to exceed four (4) renewals or extensions. Unless specifically provided for elsewhere in this quote, multiple or alternate quotes will not be accepted. The City Mayor and City Council reserves the right to purchase such brands as it desires, irrespective of price. The right is reserved, unless supplier countermands, to increase or decrease the quantity of any item(s) as the quoted price. Riverton City reserves the right to cancel any item(s) not delivered after the purchase order issued. Riverton City reserves the right to select some or all of the items from any vendor unless an "all or nothing" statement is included in the quote. Riverton City does not guarantee to make any purchase from this quote. Estimated quantities are for quoting purposes only and are not to be interpreted as a guarantee to purchase any amount. 5. Failure to Quote: Failure to respond may result in the removal of your firm from the vendor's list for the commodity(s) listed. Unless you advise the Purchasing Agent prior to the quote due date that you desire to receive future invitations to quote on this commodity. Three consecutive no responses will result in removal 6. Quote Preparation: A. Fill out this quote form completely filling in all blanks, either in ink or typewritten. All information provided must be legible. B. C. Errors may be crossed out and corrections made in ink or typewritten (no type covers) adjacent and must be initialed in ink by the person signing the quote. Any manufacturer's name, trade names, brand names or catalog number(s) used in this specification are there for the purpose of establishing and describing general performance and quality levels. Such references are not intended to be restrictive, and quotes are invited on these and comparable brands or products by any manufacturer. All items will be evaluated on an "acceptable substitute" basis unless stated otherwise, Riverton City determining acceptability. D. E. F. Price each item separately and extend, unless each item makes up a complete system or a lot price requested. Unit price will govern if there is an error in the extension. Furnish descriptive literature for each item quoted. If a substitute is offered make a full written explanation on the quote as to its brand name, model number etc. Submit your quote on the documents furnished herein. G. Do not quote on items you cannot supply promptly. H. Provide information on local availability of parts and service for all items quoted and service literature to allow for in-house maintenance and repairs 7. Quote Submittal: A. The quote must be signed in ink and delivered to Purchasing by the "Due Date & Time." Quotes may be delivered via mail, fax or electronic means. Electronic submittal implies signature. B. Quotes, modifications, or corrections received after the closing time on the "Due Date" will be considered late. C. All purchases are subject to Riverton City purchasing ordinance. 8. Warranties: Contractor warrants that all equipment, and/or materials, and/or labor that is furnished or performed will be free from defects for a minimum period of twelve (12) months from date of acceptance. Upon notice from the City of any defect during the applicable warranty period, the affected item, parts or work shall be redone, redesigned, repaired or replaced by contractor (at contractor s expense) at a time acceptable to the City. 9. Conformance Warranty: Vendor warrants the item(s) quoted will conform to the description as quoted, and applicable specifications, and shall be of good and merchantable quality for the known purpose for which it is sold. 10. Quote Evaluation: Any item quoted is subject to evaluation. Any item which fails to qualify for approval when evaluated shall not be accepted regardless of compliance to quote requirements. Quotes will not be accepted from vendors who require assignment of payment to another agent. Note: Riverton City will only pay the vendor named on the order. Riverton City will not deal with a factor or make payment to such. 11. Antidiscrimination Act: The vendor agrees to abide by the provisions of the Utah Antidiscrimination Act, Title 34 Chapter 35, U.C.A. 1953, as amended, and Title VI and Title VII of the Civil Rights Act of 1964 (USC 2000e), which prohibit discrimination against any employee or applicant for employment, or any applicant or recipient of services, on the basis of race, religion, color, or national origin: and further agrees to abide by Executive Order No , as amended, which prohibits discrimination on the basis of sex: 45 CFR 90 which prohibits discrimination on the basis of age, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap. This purchase may be canceled if the vendor fails to comply with the provisions of these laws and regulations. Vendor must include this provision in every subcontract or purchase order relating to purchases by Riverton City to insure that subcontractors and vendors are bound by this provision.

16 STANDARD CONTRACT TERMS AND CONDITIONS TERMS OF AGREEMENT In the event of any conflict between these standard terms and conditions and any other terms and condition included in this agreement, these standard contract terms and conditions, Attachment A, will govern. NON-AVAILABILITY OF FUNDS LIABILITY It is understood that if the department fails to receive sufficient appropriation of funds or authorization for the expenditure of sufficient funds to provide for the continuation of the contract or the lawful order issued in or for any fiscal year during the term of this contract, the contract and all lawful order s issued shall terminate on the date said funds are no longer available without any termination charges or liability incurring to the City. The City shall certify and warrant in writing that sufficient funds have not been appropriated or authorized to continue this amendment. Non- Availability of Funds or failure to receive authorization for the expenditure of sufficient funds as used herein means a level of funding that results in less funding than that which was allocated to department in the immediately preceding fiscal year. Any damages occurring from the execution of the contract, incidental or otherwise, to City or private properties must be repaired, at the contractor s expense, to the owner s satisfaction. INDEMNIFICATION The consultant agrees to defend, indemnify and hold Riverton City, the City Council, the Mayor, and all employees (collectively the "Indemnities") free and harmless from and against all losses, claims, liens, demands, lawsuits, judgments or liability including but not limited to general liability, automobile, and professional errors and omissions liability, arising out of the negligent acts, errors and omissions of the consultant in performing the services described including the amount of judgment, penalties, interest, court costs and legal fees incurred by the Indemnities or any of them in defense of the same, arising in favor of any party, including governmental agencies or bodies, on account of, but not limited to, taxes, claims, liens, debts, personal injuries, death or damages to property (including property of Indemnities). The Consultant further agrees to; investigate, handle, respond to, provide defense for and defend any such claim, demand or cause of action at its sole expense, and agrees to bear all other costs and expenses related thereto, and, release, indemnify and hold the City, its officers, agents and employees harmless from liability of any kind or nature, including the consultant use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of this contract. Riverton City is a governmental entity under the Governmental Immunity Act and waives no defenses, limits of liability or other rights. OWNERSHIP OF DOCUMENTS Riverton owns and may use in any way the City deems necessary all plans, drawings, specifications, reports, notes, data, calculations, documents, electronic media, CADD documents and all other instruments of Architect, Engineer or Surveyor s professional service, regardless of medium or content, prepared by or on behalf of Architect, Engineer or Surveyor, et al. 9

17 DAMAGES INSURANCE Project must be completed and delivered to the City according to the dates indicated in the proposal. Timing is of the essence for this project. Consultant agrees that the City will suffer damages if required documents are not received within 60 calendar days after receipt of the notice to proceed. The Consultant will compensate the City in the amount of five hundred dollars and no cents ($500.00) for each day or part thereof that expires after the set completion date, for damages, penalties, extra fees or losses that the City may incur due to a late delivery of the required documents. The City shall be entitled to deduct and retain liquidated damages out of any money which may be due or become due to the Consultant. To the extent that the liquidated damages exceed any amounts that would otherwise be due the Consultant, the Consultant shall be liable for such amounts and shall return such excess to the City. Riverton City requires the insurance provider to be rated an A- or better or a financial category of VII (7) or Higher as rated by AM Best Ratings. Workers Compensation insurance, sufficient to cover all employees in the employ during the term of the contract including any renewal thereof must be maintained. Coverage amount should be a required by Utah Workmen s Compensation Laws. All subcontractors are required to also carry workers compensation insurance as specified above. The City will require employees from companies who choose to not carry workers compensation insurance, (three or less employees) to obtain a Workers Compensation Waiver Form from the State of Utah. Workers Compensation insurance, sufficient to cover all employees in the employ during the term of the contract including any renewal thereof must be maintained. Coverage amount should be a required by Utah Workmen s Compensation Laws. Professional Liability insurance in the amount of $1,000, must be maintained during the term of the contract. Commercial General Liability insurance in the amount of $1,000, per occurrence with an aggregate of $2,000, Commercial Auto insurance in the amount of $1,000, per occurrence with an aggregate of $2,000, The insurance must apply to hired, not owned and owned vehicles. Insurance needs to include Project Name with the location and description of the project, and the Project Number and Bid Number (if known). Insurance must name as the certificate holder; Riverton City, its elected officials, appointed officials, officers, employees and volunteers. Coverage is for all operation performed by or on behalf of the named insured. Riverton City will assume no liabilities for the contractor including any of the contractor s representatives, employees or properties. The contractor agrees to, at all times, protect, indemnify, defend and hold harmless the City and city employees from any and all claims. Contractor shall, at all times, keep the work area in a neat, clean, safe and secure condition to avoid the risk of loss, theft, vandalism or sabotage. Insurance provided is required to be primary and non-contributory. Proof of coverage must be provided before work can begin, and agrees to provide proof of insurance upon demand by the City throughout the terms of the contract. The insurance must have a 30 day written cancelation notice. If any of the required insurance coverage is cancelled or lapse, the City may at the City's discretion, obtain substitute coverage at reasonable rates. The City may deduct the cost of such coverage, plus 10% for administrative charges, from any monies that are owing to contractor. INDEPENDENT CONTRACT It is understood and agreed by the parties that the consultant is to act in the capacity of an independent contractor and as such will have no authorization, express or implied to bind Riverton 10

18 ASSIGNMENT LICENSE WORKFORCE City to any agreements. Consultant's officers and employees shall not be considered as employees or officers of the City and shall not be entitled to any employee benefits as City employees as a result of the execution of this agreement. The consultant shall not assign this agreement or assign, pledge transfer or otherwise dispose of its interest or this agreement, without the specific consent of the City, and that no such assignment, pledge, mortgage, transfer, or other disposition shall relieve the consultant of its obligations hereunder, nor shall such an assignment of other disposition terminate any such claim or defense which the City may have. Riverton City may assert any claim or defense it may have against the consultant and against any such assignee. The consultant is properly licensed for the service(s) provided, including a business license. consultant will provide all licenses before work can begin. The consultant agrees to register and participate in a status verification system such as E-Verify, to verify the work eligibility status of the consultant new employees that are employed in the state. The consultant further agrees to have each contractor or subcontractor who works for or under main consultant, certify by affidavit that the contractor or subcontractor has verified through a status verification system the employment status of each new employee of the respective contractor or subcontractor. STANDARD OF CARE TAXATION NOTICES Consultant services shall be performed in accordance with the skill and care ordinarily exercised by members of the same profession performing the same or similar services at the time consultant s services are performed. Consultant shall, at consultant s sole expense, re-perform any services not meeting this standard. It is understood and agreed that the contractor shall pay and discharge all license fees, assessments, sales, use, property and other tax or taxes lawfully imposed, as indicated in U.C.A.1953 Section All notices to be given under this agreement shall be made in writing and mailed to the other party at its address as set forth herein or at such other address as the party may provide in writing from time to time. Such notice shall be mailed, return receipt requested, to the parties as follows: Consultant NO OFFICER OR EMPLOYEE INTEREST It is understood and agreed that no officer or employee of Riverton City has or shall have any pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. No officer or 11

19 AFFIDAVITS employee of the consultant or any member of their families shall serve on any City board or committee or hold any such position which either by rule, practice, or action nominates, recommends, or supervises consultant s operations, or authorizes funding of payments to the consultant. At the time of, or prior to, commencing work, the consultant shall submit a sworn affidavit from each officer, employee or agent of the consultant who has been in contact or communicated with any officer, agent, or employee of the City during the past calendar year concerning the provision of these goods and services. The affidavit shall contain the following statement: "I do solemnly swear that neither I, nor to the best of my knowledge, any member of my firm or company, has either directly or indirectly restrained free and competitive bidding by entering into any agreement, participating in any collusion, or otherwise taken any action unauthorized by the governing body of the City, or in violation of applicable law to secure favorable treatment with respect to being awarded this contract." NON-DISCRIMINATION/AFFIRMATIVE ACTION LAW DEFAULT The Respondent agrees to abide by the provisions of the Utah Antidiscrimination Act, Title 34 Chapter 35, U.C.A. 1953, as amended, and Title VI and Title VII of the Civil Rights Act of 1964 (USC 2000e), which prohibit discrimination against any employee or applicant for employment, or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No , as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap. This agreement may be canceled if the contractor fails to comply with the provisions of these laws and regulations. The consultant must include this provision in every subcontract or purchase order relating to purchases by Riverton City to insure that subcontractors and vendors are bound by this provision. This contract shall be governed and constituted in accordance with the laws of the State of Utah. If either party fails to perform its obligations, the other party may give written notice specifying the nature of the failure, and requesting the defaulting party to remedy it. If the default is not corrected within thirty (30) days of the notice date, the non-defaulting party may pursue the remedy provided herein, and without waiving that remedy, it may terminate this agreement. If the failure reasonably justifies faster action, the notice may require correction within less than thirty (30) days, and the non-defaulting party may take reasonable action to protect its interest. If the failure is one that reasonably requires more than thirty (30) days to correct, the correction period shall be extended beyond thirty (30) days, so long as the defaulting party promptly commences to correct the default and diligently pursues it to completion. In the event either party needs to enforce the terms of this agreement by suit or otherwise, the party at fault shall pay the costs and expenses incident thereto, including a reasonable attorney s fee. ENTIRE AGREEMENT This Agreement, together with the attachments hereto, contains the entire Agreement between the parties, and supersedes all prior agreements, and oral or written representations with respect to 12

20 the subject matter hereto, and no statements, promises, or inducements made by either party or agents for either party, that are not contained in this written Agreement, shall be binding or valid. This Agreement may not be enlarged, modified, or altered except in writing, signed and dated by the parties. 13