1-RFP MAU 2025.pdf

Request for Proposals- Murray Police Training Center Range MAU Replacement 1

MURRAY CITY CORPORATION

REQUEST FOR PROPOSAL

MURRAY POLICE TRAINING CENTER RANGE MAKE-UP AIR HANDLER REPLACEMENT

RFP # 25-26

Opening Date: July 7, 2025, at 3:00 pm MST

Due Date: July 31, 2025, at 3:00 pm MST

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REQUEST FOR PROPOSAL

MURRAY PD TRAINING CENTER RANGE MAU REPLACEMENT

RFP DOCUMENTS will be available beginning July 7, 2025, at 3:00 pm MST online in Bonfire.

PROJECT DESCRIPTION

Murray City is requesting proposals from qualified HVAC contractors to provide and install a replacement Make-up Air Unit (MAU) for the Murray Police Department gun range. Proposals must be complete and ready for formal bid prior to July 31, 2025, at 3:00 pm MST. The current unit requires complete replacement due to age and ongoing mechanical issues. The project must be completed by June 2026.

City Contact Information:

Jeff Martin, Facilities Manager jmartin@murray.utah.gov 801-264-2665

Amandah Maudsley, Purchasing Agent amaudsley@murray.utah.gov 801-264-2663 (office)

DOCUMENTS REQUIRED AT OPENING:

Sealed RFPs should be electronically submitted, mailed, or hand-delivered.

Electronic Submittals:

• The Division of Purchasing is excited to announce that we have migrated to a new Utah Public Procurement Place (U3P) platform! To respond to this solicitation, you will need to register at the new U3P Bonfire by clicking >> here. For first time users, when you click the link on the top right-hand side you will see a "Register" button. Click that button and you will be taken through a registration process. This is a process that will allow you to create an account before reviewing and responding to the solicitation Note: The City's previous procurement system (Jaggaer) is no longer used for submissions. ANY RESPONSES RECEIVED THROUGH THE U3P JAGGAER COURTESY

POSTING WILL NOT BE CONSIDERED RESPONSIVE, NOR WILL IT BE EVALUATED.

To aid in the registration, we recommend watching this quick 5-minute video on how to register with Bonfire. Feel free to pause it as you go through the steps. If you have any questions or need assistance while using the platform, please consult the online mailto:jmartin@murray.utah.gov mailto:amaudsley@murray.utah.gov https://utah.bonfirehub.com/projects https://share.vidyard.com/watch/nRJyoedyaNwRaWv43chZje?

https://vendorsupport.gobonfire.com/hc/en-us

Range MAU Replacement 3 knowledge base, explore the FAQs, or reach out to the Bonfire Support Team at support@gobonfire.com.

Hand Delivery:

• For HAND DELIVERY and MAIL SUBMISSIONS: If you choose hand delivery or mail to submit your response, it does need to reach our office before the deadline to be considered. All bids must be contained in a sealed envelope. Please make sure to include the RFP number, title of the project and your company name on the lower right-hand corner of the envelope. “RFP 25-26, MURRAY PD TRAINING CENTER RANGE MAU REPLACEMENT, Name of Firm.”

• All submissions delivered via mail or in person should be submitted to the address below.

Murray City Corporation Attn: Amandah Maudsley, Purchasing Agent 10 East 4800 South, Room 155 Murray, UT 84107

Murray City Corporation reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informality in any bid, as its best interest appears.

Key Dates:

The selection process will proceed on the following schedule:

• July 7, 2025, at 3:00 pm MST - RFP distributed

• July 11, 2025, at 9:00 am MST- Mandatory Pre-Bid Meeting o Meeting will be held at the Murray City PD Training Center located at 136 West Vine Street in Murray City.

• July 16, 2025, at 5:00 pm MST- Last day for questions on Bonfire.

• July 31, 2025, at 3:00 pm MST - Proposals due

• Any proposal received after that date and time will not be accepted.

• The City will not accept proposals via facsimile or email.

A final selection will likely occur before August 8, 2025.

RFP #25-26 Murray Police Training Center Range Make-Up Air Handler Replacement Prebid Mandatory Meeting https://vendorsupport.gobonfire.com/hc/en-us mailto:support@gobonfire.com

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Murray City will be holding a Prebid meeting for RFP #25-26. The purpose of the site visit is to gather all details needed to design and quote a replacement Make-up Air Handler Unit at the Murray City PD Training Center. Field measurements, flow/capacities, and matching existing equipment should be noted at this time. Because the unit is required to operate when the range is in use, and it is fully scheduled, there may be no other times to gather these details.

Date: Friday, July 11, 2025 Time: 9:00 am Where: Murray City PD Training Center located at 136 West Vine Street, Murray, Utah Project Manager: Jeff Martin Purchasing Agent: Amandah Maudsley

Mandatory Pre-Bid Meeting Requirement:

Attendance at this pre-bid meeting is mandatory for all prospective bidders. Only those vendors who are represented at this meeting will be eligible to submit a bid for this project.

Failure to attend the pre-bid meeting will result in disqualification from the bidding process.

The purpose of the meeting is to provide important project details, answer vendor questions, and ensure all bidders have a clear understanding of the project scope and requirements. All attending vendors will be asked to sign in with the Purchasing Agent, Amandah Maudsley, to record their attendance. Questions asked during this meeting will be recorded and posted on Bonfire in the Public Notice section of the project.

Questions regarding this RFP:

Questions regarding this RFP should be directed to: Bonfire, QUESTION AND ANSWER SECTION no later than July 16, 2025, at 3:00 pm MST.

Background

The Murray City Police Training Center, located at 136 W. Vine St., Murray, Utah 84107 was originally built in the 1997 and serves as a centrally located law enforcement training facility.

The original Make-up Air Unit has reached the end of its service life and requires complete replacement. The existing unit's specifications provide a baseline for the replacement unit, but updated technology and energy efficiency improvements are desired. The MAU plays a critical role in maintaining air quality and safety at the gun range by removing contaminants and providing temperature-controlled fresh air.

Contract Information

It is the intention of the City to issue a contract to the contractor whose proposal is deemed to be the most advantageous and in the best interest of the City; however, the City does not guarantee to any award based upon this RFP.

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Scope of work

The selected contractor will be responsible for the complete replacement of the existing Make-up Air Unit for the Police Department gun range, including all necessary modifications to integrate with existing systems.

The Scope includes the following major components:

1. Removal and disposal of existing Make-up Air Unit

2. Provision and installation of new Make-up Air Unit with specifications meeting or exceeding current unit

3. Electrical upgrades for 400 Amp service

4. Ductwork modifications to adapt to the new unit

5. Gas piping connections to existing gas supply line

6. Control system integration

7. Testing, balancing, and commissioning

8. Staff training on new system operation and maintenance

9. Completion of all required permits and inspections

10. Project documentation and warranty information

Project: Replacement of Police Gun Range Make-up Air Unit Location: Murray City Police Department Training Center, 136 W Vine St, Murray, UT 84107

1. Project Overview

The City of Murray seeks a qualified HVAC contractor to provide comprehensive services for the removal of the existing Make-up Air Unit and installation of a new unit at the Police Department Training Center. The project will address the aging infrastructure and improve air handling capabilities for this specialized facility. The work will encompass all phases from equipment procurement through project completion, ensuring all components meet current building codes, safety standards, and operational requirements.

2. Scope of Services

The contractor shall be responsible for the following key components:

2.1 Equipment Specifications

The replacement Make-up Air Unit must meet or exceed the following specifications based on the existing unit:

Walls & Roof:

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• Unit designed for outdoor locations with pitched roof

• Entire unit painted with weather protectant type paint

Return Air Tunnel Requirements:

• RA access section with non-thermal break, 24-inch wide access door

• Plain opening on floor

• Marine light and switch

Return Filter Section:

• Upstream loading 2-inch 30% pre-filters

• 12-inch extended surface minipleat filters (MERV 13-14 efficiency)

• Prefilter pressure gauge with weather cover

• Final filter pressure gauge with weather cover

• Galvanized filter frames

Heat Pipe Section:

• Heat pipe recovery exchanger in both tunnels

Plenum Fan Section:

• Non-thermal break, 30-inch wide access door

• Direct drive plenum fans with 15HP TEFC premium efficiency motor

• Flow measurement station at fan inlet and Series DHC Digihelic differential pressure controller

• Fan motor wired to ABB/ACH-580 VFD (NEMA3 enclosure)

• Marine light and switch

Supply Air Tunnel Requirements:

• SA access section with non-thermal break, 24-inch wide access door

• Marine light and switch

Supply Filter Section:

• Upstream loading 2-inch 30% pre-filters

• Prefilter pressure gauge with weather cover

• Galvanized filter frames

Direct Evaporative Section:

• 12-inch deep evaporative media

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• 16ga. 304SST sump and PVC piping

• Drip eliminator

• Automatic flush cycle & freeze control

• Level control

Heater Section:

• Minimum 2958 MBH direct gas heater with vestibule for heater's control panel

2.2 Electrical Requirements

• Upgrade power supply to 400 amps

• Furnish and install a new 400-Amp breaker in the existing exterior main distribution panel

• Furnish and install new conduit and 400-Amp wiring between the exterior main distribution panel and the existing 400-Amp Disconnect

• Furnish and install new conduit and 400-Amp wiring between the existing disconnect and the new HVAC equipment

• Remove old 300-amp wiring between the main distribution panel and the existing disconnect and abandon underground conduit

• Remove old conduit and 300-Amp wiring between the existing disconnect and the existing HVAC equipment

2.3 Installation Services

• Crane rental for removal of old unit and placement of new unit

• Ductwork modifications to adapt to the new unit

• Gas piping connections to the existing gas line

• Control panel installation and programming

• Testing and startup of complete system

2.4 Project Management

• Develop and maintain project schedule

• Coordinate with City staff on all aspects of installation

• Provide regular progress updates

• Manage all subcontractors

• Ensure compliance with all applicable codes and regulations

• Process required permits and inspections

2.5 Testing and Commissioning

• Perform comprehensive testing of all systems

• Balance airflow to meet facility requirements

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• Verify proper operation of all components

• Demonstrate system performance to City representatives

2.6 Training and Documentation

• Provide training for facility staff on system operation and maintenance

• Deliver complete documentation package including:

o Equipment specifications and manuals o As-built drawings o Warranty information o Maintenance schedules and procedures o Control system documentation

3. Deliverables

• Complete Make-up Air Unit meeting specified requirements

• Electrical upgrades to 400 Amp service

• Ductwork modifications

• Gas piping connections

• Control system integration

• System testing and balancing report

• Staff training on new system

• Project documentation package

4. Timeline

The project must be completed by June 2026. Contractors should include a detailed timeline in their proposals, including:

• Equipment procurement schedule

• Removal of old unit

• Installation of new unit

• Electrical upgrades

• Testing and commissioning

• Final inspection and project closeout

5. Budget and Cost Estimation

The selected contractor is responsible for providing a detailed cost breakdown for all phases of the project, including:

• Equipment costs

• Labor costs

• Material costs

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• Electrical upgrade costs

• Crane rental

• Permits, insurance and fees

• Testing and commissioning

FORMAT FOR PROPOSALS

Proposals are to be original and may be submitted online or hard copy. Failure to provide required data to allow for evaluation, failure to complete RFP forms or follow directions may be grounds for rejecting the RFP.

The following information should be included in the proposal:

• Letter of Interest: A cover letter introducing the contractor, indicating the contractor's interest in the project and identifying the contractor's experience.

• Experience and Qualifications: A brief documentation of the contractor's prior work relevant to make -up air handler design and installation.

• Personnel: The names and titles of professionals and support staff who will directly work on the project. If the project is to be a joint venture between several contractors, the proposal should specify that. In addition, provide brief resumes of key consulting staff as well as those who will be directly involved in the completion of this project.

• List of Clients: Provide a list of comparable clients where similar services have been provided including the name, address and phone number of client references and their primary contact.

Proposal Format

1. Cover Letter (1–2 pages)

• Introduction: Provide an overview of the contractor's interest in the project.

• Key Personnel: Mention key team members and contact information for the primary point of contact.

• Contractor’s Qualifications: Summarize why the contractor is uniquely qualified for the project.

2. Project Team and Key Personnel (1-2 pages)

• Team Structure: Provide an organizational chart showing the roles of key team members.

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• Key Personnel: Include resumes or bios for key personnel, emphasizing their experience with similar projects.

• Subcontractors: List any subcontractors, their roles, and relevant qualifications.

3. Contractor Qualifications and Experience (1-2 pages)

• Company Overview: Include the history, size, and experience of the contractor, particularly with similar municipal projects.

• Relevant Projects: Provide 2-5 case studies of similar projects completed by the contractor, detailing the scope, timeline, and outcomes.

• References: Include contact information for 3 previous clients from similar projects.

4. Detailed Approach and Project Plan (2-3 pages)

• Coordination: Outline the process for coordinating with the city, including frequency of meetings and communication strategies.

• Demolition Plan: Outline the approach to demolition, including disposal of materials and safety measures.

• Construction Oversight: Describe how the contractor will manage construction activities, oversee subcontractors (if applicable), and ensure quality control.

• Project Management: Provide a detailed approach to project management, including cost control, scheduling, and reporting.

• Final Inspection and Closeout: Outline the process for final inspections, balancing/commissioning, documentation, and staff training.

5. Project Timeline (1 page)

• Provide a comprehensive timeline for the entire project, from demolition through final inspection and operation.

• Identify key milestones and deliverable dates.

6. Cost Proposal (1 page)

• Provide a detailed cost estimate, broken down by phase (demolition, design, construction, etc.).

• Include any assumptions made in calculating costs.

7. Appendices

• Case Studies of Similar Projects

• Insurance and Bonding Information

• Certifications and Licenses

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Evaluation of Proposals and Selection

Proposals will be reviewed by City staff. Each proposal will be evaluated based on the documentation requested herein.

Evaluation Weighting

• Contractor Qualifications and Experience: 45 pts.

• Project Approach and Understanding: 15 pts.

• Project Timeline and Schedule: 15 pts.

• Cost Proposal: 25 pts.

Selection

Upon submission of the responses to this RFP, the City will evaluate the responses of the contractors. The committee reserves the right to request additional information from respondents submitting proposals. After selection, the Facilities Manager will function as the day-to-day liaison between the Contractor and Murray City.

The City reserves the right to award this contract, not necessarily to the contractor with the lowest cost, but to the contractor that best meets the requirements and needs of the City as determined by the City. After final selection, staff will review cost estimates and typical billing rates during contract negotiation.

GRAMA: Submitted proposals are subject to release under the Utah Government Records Access and Management Act.

AGREEMENT

BETWEEN

MURRAY CITY CORPORATION

AND

For the Replacement and Installation of the Existing Make-Up Air Unit

For the Murray City Police Department Training Center

This Agreement is made and entered into this day of , 2025

(the “Effective Date”) by and between Murray City Corporation (“City”), a Utah municipal corporation, and ________________________________, (“Contractor”), with its principal place of business located at ________________________________________.

RECITALS

WHEREAS, the City is in need of a qualified HVAC contractor to provide all necessary labor, materials, supervision, and equipment for the replacement and installation of the Make-Up

Air Unit (MAU) for the gun range at the Murray City Police Department Training Center (the

“Training Center”) located at 136 West Vine Street, Murray, Utah (hereinafter the “Services” as more fully described below); and

WHEREAS, Contractor indicates that it is ready, willing, and able to perform the

Services as set forth in this Agreement; and

WHEREAS, the City has determined that Contractor’s proposal is both acceptable and best suits the needs of the City; and

WHEREAS, the parties desire to enter into this Agreement to govern the terms of the

Services, NOW, THEREFORE, based upon the mutual promises and conditions herein, the parties hereby agree as follows:

AGREEMENT

A. SCOPE OF SERVICES. Contractor shall furnish all labor, supervision, supplies, tools, equipment, and materials necessary for the replacement and installation of the MAU for the gun range at the Training Center in accordance with the terms and conditions of this

Agreement, and as outlined and identified in the City’s Request for Proposal Number 25-

26 (“RFP No. 25-26”) and Contractor’s Proposal dated ______________ (“Contractor’s

Proposal”), both of which are attached hereto as “Exhibit A” and incorporated by reference herewith. Contractor will confer with City for clarification of all pertinent questions that may arise throughout the course of the Services under this Agreement.

Contractor’s Scope of Services shall include:

1. All necessary modifications to integrate the new MAU with existing systems

2. Removal and disposal of existing MAU

3. Provision and installation of new MAU with specifications meeting or exceeding the curing unit

4. Electrical upgrades for 400 Amp service

5. Ductwork modifications to adapt to the new unit

6. Gas piping connections to existing gas supply line

7. Control system integration

8. Testing, balancing, and commissioning

9. Staff training on new system operation and maintenance

10. Completion of all required permits and inspections

11. Project documentation and warranty information

B. COMPENSATION. The total consideration to be paid by the City for the completion of the Services under this Agreement shall not exceed ___________________ DOLLARS

($---------). Said sum shall be paid by City to Contractor within thirty (30) days after receipt of an invoice from Contractor and verification of completion of the Services.

C. GENERAL TERMS AND CONDITIONS. The parties agree to the following Terms and

Conditions:

AMENDMENTS: This Agreement may only be amended by the mutual written agreement of the parties.

ASSIGNMENT: Neither party may assign, sell, transfer, subcontract or sublet rights, or delegate any right or obligation under this Agreement, in whole or in part, without the prior written approval of the other party. This Agreement shall be binding upon the heirs, successors and assigns of the parties.

ATTORNEY’S FEES: In the event that either party should be required to obtain an attorney to enforce any rights under this Agreement, the prevailing party shall be entitled to its costs and expenses, including reasonable attorneys’ fees, whether or not the matter is actually litigated.

AUTHORITY TO BIND: By signing this Agreement, Contractor, or the individual(s) signing on behalf of Contractor, represents, warrants and guarantees that they have the legal authority to bind the Contractor pursuant to the terms of this Agreement.

CHANGES IN SCOPE: Any changes in the Scope of Services to be performed under this

Agreement shall be in the form of a written amendment to this Agreement, mutually agreed to and signed by both parties, specifying any such changes, fee adjustments, any adjustment in time of performance, or any other significant factors arising from the changes in the Scope of Services.

CONFLICT OF INTEREST: Contractor represents that it shall prevent any transaction, activity, conduct or condition which would result in a conflict with the City’s interests under this

Agreement. Contractor shall immediately notify City upon becoming aware of any such conflicts.

Contractor shall cure any conflict within 30 days, unless such conflict is waived in writing by the

City.

CONFLICT OF TERMS/ORDER OF PRECEDENCE: In the event of any conflict in the terms and conditions of this Agreement, the order of precedence shall be: (i) the terms and conditions included in the body of this Agreement; (ii) RFP No. 25-26, and (iii) Contractor’s

Proposal. Any provision attempting to limit the liability of Contractor or which limits the rights of the City must be in writing and attached to this Agreement or it is rendered null and void.

Contractor Terms and Conditions that apply must be in writing and attached to the Agreement.

No other Contractor Terms and Conditions will apply to this Agreement including terms listed or referenced on a Contractor’s website, terms listed in a Contractor’s quotation/sales order, invoice, standardized form, etc.

CONTRACTOR'S EMPLOYEES AND SUBCONTRACTORS: Contractor's employees and subcontractors, if any, who perform Services under this Agreement shall also be bound by the provisions of this Agreement. All agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein.

COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be deemed an original, but all such counterparts taken together shall constitute only one instrument.

ENTIRE AGREEMENT: This Agreement, including all attachments and exhibits hereto, constitutes the entire integrated agreement between the parties and supersedes any and all other prior and contemporaneous understandings, negotiations or agreements between the parties, whether oral or written.

FORCE MAJEURE: Except for the obligation to pay for services appropriately rendered in accordance with this Agreement, neither party hereto will be held responsible for loss, damage, delay or default in shipment or performance occasioned by unforeseeable causes beyond the control and without the fault or negligence of the party, including, but not restricted to, fire, flood, epidemics, quarantine, strikes, riot, acts of God or the public enemy and/or war.

GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws, rules, and regulations of the State of Utah. Any action or proceeding arising from this Agreement shall be brought in a court of competent jurisdiction in the State of Utah. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County or the United States District Court of

Utah.

GOVERNMENTAL IMMUNITY: The City is a governmental entity subject to the provisions of the Governmental Immunity Act of Utah. Execution of this Agreement shall not constitute a waiver of any defense or limitation of liability under the Act by the City.

INDEMNIFICATION: Contractor shall be fully liable for the actions of its agents, employees, officers, partners, and Subcontractors, and shall fully indemnify, defend, and save harmless the

City from all claims, losses, suits, actions, damages, and costs of every name and description arising out of Contractor’s performance of this Agreement to the extent caused by any intentional wrongful act or negligence of Contractor, its agents, employees, officers, partners, or

Subcontractors, without limitation; provided, however, that the Contractor shall not indemnify for that portion of any claim, loss, or damage arising hereunder due to the fault of the City. The parties agree that if there are any limitations of the Contractor’s liability, including a limitation of liability clause for anyone for whom the Contractor is responsible, such limitations of liability will not apply to injuries to persons, including death, or to damages to property.

INDEPENDENT CONTRACTOR STATUS: The parties expressly agree that Contractor, Contractor’s employees and any subcontractors are independent contractors and are not agents or employees of the City. Services rendered by Contractor under this Agreement are not rendered as a City employee and amounts paid under this Agreement do not constitute compensation paid to an employee. Contractor is solely responsible for Contractor’s own employment taxes, worker’s compensation premiums and similar expenses. Contractor represents and warrants that it is in compliance, and will remain in compliance during the term of this Agreement, with all federal, state and local laws relating to the payment of employment taxes, worker’s compensation premiums and the like. The City assumes no liability for the actions of Contractor.

INSURANCE: Contractor shall at all times during the term of this Agreement, at its sole cost and expense, procure and without interruption carry and maintain such insurance as will protect the

City from claims arising out of the Services described in this Agreement and performed by

Contractor.

1. Minimum Scope and Limits of Insurance:

a. Worker’s Compensation Insurance: Contractor shall maintain Workers’

Compensation insurance for all its employees as well as any Subcontractor employees related to this Agreement. Worker’s Compensation insurance shall cover full liability under the worker’s compensation laws of the State of Utah at the statutory limits required by the State of Utah.

b. Commercial General Liability: Contractor shall procure and maintain General

Liability insurance, written on an “occurrence basis”. The limits of this insurance will be no less than two million dollars ($2,000,000.00) per occurrence and aggregate for bodily injury, personal injury and property damage. If such insurance contains a general aggregate limit, it shall apply separately to the work/location in this Agreement or be no less than three million dollars ($3,000,000.00).

c. Commercial Automobile Liability: Contractor shall procure and maintain

Automobile Liability insurance, with limits of liability not less than two million dollars ($2,000,000.00) combined single limits, per occurrence for bodily injury, including death, and property damage liability, covering all owned vehicles, all non-owned vehicles, and all hired vehicles. Coverage shall be written on an

“occurrence basis.”

d. Umbrella or Excess Liability: If an Umbrella or Excess Liability policy is provided that shall apply to the Contractor’s General Liability and Automobile Liability

Insurance, the language must be at least as broad as the primary or underlying policy(ies). Contractor is granted the option of arranging coverage under a single policy for the full limit required or by a combination of underlying policies with the balance provided by an Umbrella or Excess Liability policy equal to the total limit(s) required.

2. General Conditions, Endorsements and Policy Provisions:

a. All insurance coverage shall be issued from companies that are authorized, licensed and admitted to conduct business in the State of Utah.

b. Contractor shall provide proof of all required insurance policies to the City prior to the execution of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

c. Contractor shall provide the City with thirty (30) days prior written notice before any coverage required hereunder is cancelled, materially changed, reduced in coverage or limits, or not-renewed.

d. For all coverages, Contractor’s insurer shall waive subrogation rights against the

City. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation; however this provision shall apply regardless of whether the City has received a waiver of subrogation endorsement from the insurer.

e. Any failure of Contractor to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, agents, employees and volunteers.

f. The policy or policies must be endorsed to provide that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

g. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with the insurance provided hereunder.

h. Contractor shall include any subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All subcontractors, sub-subcontractors and sub-consultants shall be subject to the requirements herein and shall procure and maintain the same insurance coverages required of the Contractor. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein.

3. Additional Insureds/Primary Coverage Endorsements: An endorsement is required stating that the City, its officers, officials, agents, employees, representatives and volunteers shall be named as additional insureds on General Liability, Automobile and/or

Excess Liability/Umbrella insurance policies. An endorsement is required stating that the coverage afforded the City and its officers, officials, agents, employees, representatives and volunteers, as additional insureds, will be primary to any other coverage available to them, and that no act or omission of the City shall invalidate the coverage.

LAWS AND REGULATIONS: At all times during this Agreement, Contractor and all Services performed under this Agreement will fully comply with all applicable federal, state and local laws, rules, codes, orders, and regulations, including applicable licensure and certification requirements.

If this Agreement is funded by federal funds, either in whole or in part, then any federal regulation related to the federal funding will supersede these terms and conditions.

LIMITATION OF CITY’S LIABILITY: In no event shall the City be liable for anticipated profits or for incidental, indirect, consequential, liquidated or special damages. Any action resulting from any breach on the part of the City as to the goods or services delivered hereunder must be commenced within one year after the cause of action has accrued.

NO PRESUMPTION AGAINST DRAFTING PARTY: Each party agrees that it has had the opportunity to consult with legal counsel regarding the Agreement and to review it carefully. Each party enters this Agreement voluntarily. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this

Agreement.

NO THIRD-PARTY BENEFICIARIES: City and Contractor are the only parties to this

Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon or give to any person, firm, corporation, or legal entity, other than the parties, any rights, remedies, or other benefits under or by reason of the Agreement.

NOTICE: Any notice or communication required or permitted to be given in accordance with this Agreement shall be in writing and must be personally delivered, mailed by United States first-class mail, postage prepaid, or sent by facsimile, in each case properly addressed to the addresses of the parties indicated in the Agreement, or at such other addresses as may hereafter be furnished in writing by either party hereto to the other party. All notices will be effective upon receipt and will be deemed to have been received three (3) days after deposit in the United States mail or upon fax confirmation.

OFFICIALS, AGENTS AND EMLOYEES OF CITY NOT PERSONALLY LIABLE: In no event shall any official, officer, employee, agent, representative or volunteer of the City be in any way personally liable or responsible for any covenant or agreement herein contained whether expressed or implied, nor for any statement, representation or warranty made herein or in any connection with the Agreement, or for any alleged or actual breach or default of the City’s obligations hereunder.

PERMITS: Contractor shall, at Contractor’s own expense, be responsible for obtaining and maintaining any necessary licenses and permits, and for complying with any Federal, State, and local laws, codes, and regulations applicable to the Work and/or Services to be provided under this

Agreement.

RELATIONSHIP OF PARTIES: The relationship of the parties established by this Agreement is solely that of independent contractors. This Agreement does not create any joint venture, partnership, undertaking, or business arrangement between the parties hereto.

REMEDIES: Upon default or material breach of this Agreement, the City may seek all legal and equitable remedies to which it is or may be entitled. The remedies set forth herein shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy not specified hereunder.

Cover Costs. Such remedies may include obtaining replacement services from another source, subject to the Contractor being responsible for any cover costs. If Contractor fails to meet any completion date or resolution time set forth in this Agreement (including the attachments or exhibits), the City may take any of the following actions with or without terminating this

Agreement, and in addition to and without limiting any other remedies it may have:

Employ such means as it may deem advisable and appropriate to perform itself or obtain the services from a third party until the matter is resolved and the Contractor is again able to resume performance under this Agreement;

Deduct any and all expenses incurred by the City in obtaining or performing the services from any money then due or to become due to the Contractor and, should the City’s cost of obtaining or performing the services exceed the amount due the Contractor, collect the amount due from Contractor.

City’s Right to Withhold Payment. If Contractor breaches any provision of this Agreement, the

City shall have the right to withhold all payments due the Contractor until such breach has been fully cured.

Specific Performance and Injunctive Relief. Contractor agrees that monetary damages are not an adequate remedy for the Contractor’s failure to provide the services as required by this Agreement, nor could monetary damages be the equivalent of the performance of such obligation.

Accordingly, Contractor hereby consents to an order granting specific performance of such obligation of the Contractor in a court of competent jurisdiction within the State of Utah.

Contractor further consents to the City obtaining injunctive relief (including a temporary restraining order) to assure performance in the event the Contractor breaches the Agreement.

Notwithstanding the above, Contractor shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of the Agreement by Contractor.

REPAIR OR REPLACEMENT OF DAMAGED EQUIPMENT OR FACILITIES: In the event that Contractor causes damage to City equipment or facilities, Contractor shall, at its own expense, promptly repair or replace such damaged items or facilities to restore them to the same level of functionality that they possessed prior to Contractor’s action, normal wear and tear excluded.

REPORTING: Contractor shall, within twenty-four (24) hours of the occurrence, report to the

City any damage to public or private property, or injury to any person, caused by Contractor, its equipment or employees.

REVIEWS: The City reserves the right to perform plan checks, plan reviews, other reviews and/or comment upon the Services of Contractor. Such reviews do not waive the requirement of

Contractor to meet all of the terms and conditions of this Agreement.

SECTION HEADINGS: Section headings are for convenience only and shall not affect the interpretation of this Agreement.

SEVERABILITY: In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, then such provisions shall be deemed inoperative to the extent that they are invalid, illegal or unenforceable, and the remainder of this Agreement shall continue in full force and effect.

STANDARD OF CARE: The Services of Contractor and its Subcontractors shall be performed in accordance with the standard of care exercised by licensed and reputable members of their respective professions having substantial experience providing similar services which similarities include the type, magnitude, and complexity of the Services that are the subject of this Agreement.

Contractor shall be liable to City for claims, liabilities, additional burdens, penalties, damages, or third-party claims (i.e. another Contractor’s claim against the City), to the extent caused by wrongful acts, errors, or omissions that do not meet this standard of care.

SURVIVAL OF TERMS: Termination or expiration of this Agreement shall not extinguish or prejudice the City’s right to enforce this Agreement with respect to any default or defect in the

Services that has not been cured. All provisions of this Agreement that would reasonably be expected to survive the termination or expiration of this Agreement will do so.

TERMINATION:

FOR BREACH. If either party shall commit a material breach of any of the terms and conditions of this Agreement and shall fail to cure such breach within ten (10) calendar days of written notice thereof, the non-breaching party may then terminate this Agreement upon giving written notice to the defaulting party.

FOR CONVENIENCE. Either party may terminate this Agreement at any time with or without cause upon giving ten (10) calendar days prior written notice to the other Party. Termination under this section shall not give rise to any claim against the City for damages or for compensation in addition to that provided hereunder. In no event shall the City’s exercise of its right to terminate this Agreement for convenience relieve the Contractor of any liability to the City for any damages or claims arising under this Agreement.

TERMINATION SETTLEMENT. Upon termination of this Agreement, all accounts and payments will be processed according to the financial arrangements set forth herein and Contractor shall be compensated for approved services rendered to date of termination. The Contractor agrees that in the event of termination for cause or without cause, Contractor’s sole remedy and monetary recovery from the City is limited to full payment for all Services properly performed as authorized under this Agreement up to the date of termination. In no event shall Contractor be entitled to recover loss of profits.

TIME: FOR ALL SERVICES UNDER THIS AGREEMENT, TIME IS OF THE ESSENCE. All

Services under this Agreement shall be completed by JUNE 30, 2026. Contractor shall be liable for all reasonable damages to City, and anyone for whom the City may be liable, as a result of

Contractor’s failure to timely perform the Services required under this Agreement.

WAIVER: The failure of either party at any time or times hereafter to require strict performance by the other of any of the undertakings, agreements or covenants contained in this Agreement shall not constitute a waiver of such provision, nor in any way affect the validity of the Agreement, any part hereof, or the right of the party hereunder to demand strict compliance and performance therewith. None of the undertakings, agreements, or covenants of either party under this

Agreement shall be deemed to have been waived unless such waiver is evidenced by an instrument in writing signed by both parties.

WARRANTY: Contractor warrants that all Services performed by the Contractor, its agents and subcontractors shall be free and clear of any defects in workmanship or materials. Unless otherwise stated in the Agreement, Contractor agrees that the services and workmanship (parts and labor) under this Agreement are warranted for one (1) year following completion of performance by Contractor and acceptance by the City. In addition, Contractor agrees that the materials are warranted for either: (1) a period of one (1) year following completion of performance by the

Contractor and acceptance by the City; or (2) the timeframe of any manufacturer warranty, whichever is longer. The Contractor shall correct any problem with the Services and/or replace any defective part with a part of equivalent or superior quality without any additional cost to the

City. The City’s acceptance of the Services, goods or materials provided by Contractor will not relieve Contractor from its obligations under this warranty.

(Signature Page to Follow)

DATED as of the day and year first written above.

MURRAY CITY CORPORATION CONTRACTOR

Brett A. Hales, Mayor (Signature)

(Print Name and Title)

ATTEST:

City Recorder

APPROVED AS TO FORM:

City Attorney’s Office

APPROVED AS TO CONTENT:

Parks and Recreation Department

APPROVED AS TO AVAILABILITY OF FUNDS:

Finance Department

EXHIBIT A

MURRAY CITY REQUEST FOR PROPOSAL NO. 25-26

AND

CONTRACTOR’S PROPOSAL DATED _____________

Range MAU Replacement 12

Vendor Submission Checklist

To be included with RFP #25-26 – Murray Police Training Center Range MAU Replacement

All proposals must be complete, organized, and submitted by July 31, 2025, at 3:00 pm MST via the Bonfire platform or in a sealed envelope. Use this checklist to ensure compliance with all submission requirements:

☐ Mandatory Pre-Bid Meeting Attendance

• ☐ Attend mandatory site visit on Friday, July 11, 2025, at 9:00 am MST

• ☐ Location: 136 West Vine Street, Murray, UT

• ☐ Sign-in with Purchasing Agent, Amandah Maudsley, required for eligibility to bid

☐ Proposal Format and Content

Include the following in the order listed:

1. ☐ Cover Letter (1–2 pages)

a. Contractor’s interest in the project

b. Key team members and primary contact

c. Brief qualifications summary

2. ☐ Project Team and Key Personnel (1–2 pages)

a. Organizational chart

b. Resumes/bios of key personnel

c. Subcontractor details (if applicable)

3. ☐ Contractor Qualifications and Experience (1–2 pages)

a. Company overview and relevant history

b. 2–5 project case studies

c. 3 client references (name, phone, email)

4. ☐ Detailed Project Approach and Plan (2–3 pages)

a. Coordination with City

b. Demolition and construction oversight

c. Project management methods

d. Final inspection, commissioning, documentation, and training plans

5. ☐ Project Timeline (1 page)

a. From procurement to final closeout

b. Include key milestones

6. ☐ Cost Proposal (1 page)

a. Itemized cost estimate by phase

Range MAU Replacement 13

b. Clearly state assumptions

7. ☐ Appendices (as applicable)

a. Case studies

b. Insurance and bonding information

c. Certifications and licenses

☐ Submission Method

Choose one method:

• ☐ Electronic Submission o Register and submit through Bonfire (U3P platform) o Do not submit via JAGGAER or email

• ☐ Hard Copy Submission o Submit sealed envelope by the deadline to:

Murray City Corporation Attn: Amandah Maudsley, Purchasing Agent 10 East 4800 South, Room 155 Murray, UT 84107 o Label envelope with:

RFP 25-26, MURRAY PD TRAINING CENTER RANGE MAU REPLACEMENT, [Your Firm's Name]

☐ Proposal Deadline

• ☐ Due by: July 31, 2025, at 3:00 pm MST

• ☐ Late, faxed, or emailed submissions will not be accepted

☐ Questions and Clarifications

• ☐ Submit all questions via Bonfire Q&A section

• ☐ Deadline for questions: July 16, 2025, at 3:00 pm MST