2-PR2026001020 Draft Commander 3000.docx

Top of Form

CITY OF PROVO

IFB / RFP #: PR2026001020

TITLE: DRAFT COMMANDER 3000

RESPONSES ARE DUE PRIOR TO:

April 6th, 2026 12:00 AM MDT

RETURN RESPONSES ELECTRONICALLY TO:

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

SUBMITTING THE IFB / RFP ONLINE

SECTION 1: INSTRUCTION TO BIDDERS

The general rules and conditions which follow apply to all formal solicitations and resulting purchase orders or other awards issued by the PURCHASING DIVISION, unless otherwise specified. Bidder’s or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposals, failure to do so will be at the Bidder’s own risk and cannot secure relief on the plea or error. Disputes or appeals on all proposals or contracts shall conform to Provo City Code 3.02.020.

1.1 FORMS & MAILING OF PROPOSALS

0. Bidder shall submit this copy of the BID to Bonfire with all requested information.

0. All information required by the solicitation must be supplied to constitute a responsive proposal.

0. Provo City (Owner) reserves the right to reject any and all proposals. Owner reserves the right to waive informalities in proposals.

0. For information or questions pertaining to the proposal preparation contact must be submitted in Bonfire and will be addressed as quickly as possible.

1.2 LATE PROPOSALS & MODIFICATIONS OF PROPOSALS

1.2.1 Any proposal modification received after the exact time specified for receipt is considered a late proposal/modification. Late proposal/modifications will not be considered a responsive bid.

1.3 WITHDRAWAL OF PROPOSALS

1.4 ERRORS IN PROPOSALS

1.4.1 When an error is made in extending total prices, the unit proposal price will govern. Corrections in proposals must be initialed by an authorized representative. Carelessness in quoting prices or in preparation of the proposal will not relieve the Bidder from performance. Bidders are cautioned to recheck their proposal for possible error. Errors discovered after public opening cannot be corrected and the Bidder will be required to perform if their proposal is accepted.

1.5 CONDITIONAL PROPOSALS

1.5.1 Conditional proposals are subject to rejection in whole or in part.

1.6 TIME FOR RECEIVING PROPOSALS

1.7 BIDDER’S PRESENT

1.8 ACCEPTANCE / AWARD OF PROPOSALS

0. Provo City is exempt from the payment of any federal excise or any Utah sales tax. The price must be net, exclusive of taxes. However, when under established trade practice any federal excise tax is included in the list price Bidder may quote the list price and shall show separately the amount of federal tax, either as a flat sum or as a percentage of the list price, which shall be deducted by the City.

0. Any proposal in which the Bidder names a total price for all the articles without quoting a unit price for each and every separate item may not be considered for award. Unit prices submitted will be totaled by Provo City representatives in order to determine lowest responsive price.

0. Proposals will be awarded to the lowest responsive and responsible Bidder. The determination of the lowest responsive and responsible Bidder may involve all or some of the following factors but not be limited to: price, Vendor Evaluation Report, handling, storage, disposal costs, installation, conformity to specifications, financial ability to meet the contract, previous performance, facilities, equipment, experience, delivery promise, terms of payments, compatibility as required, other costs, and other objective and accountable factors.

0. Purchasing shall encourage open and competitive bidding by all possible means and shall endeavor to obtain the maximum degree of open competition on all purchase transactions using the competitive sealed proposals, competitive negotiation, or open market transaction methods of procurement. In submitting a proposal, each Bidder shall by virtue of submitting a proposal guarantee that the Bidder has not been a party with other Bidder to an agreement to proposal a fixed or uniform price. Violation of this implied guarantee shall render void the proposal of such Bidders. Any disclosure to or acquisition by a competitive Bidder in advance of the opening of the proposals, of the terms or conditions of the proposal submitted by another competitor shall render the entire proceedings void and shall require re-advertising for proposals.

0. Owner reserves the right, in case of Vendor default, to procure the services and/or material from other sources while holding the defaulting Vendor responsible for any excess costs occasioned thereby.

1.9 DULY AUTHORIZED SIGNATURE

1.9.1 For bids that are submitted electronically, the Proposal must contain an electronic signature or a signed document (in .pdf format) of a duly authorized officer or agent of the Bidder’s company empowered with the right to bind the Bidder for the amounts estimated and terms proposed. The Bidder must also provide evidence of the authority of the officer or agent to bind the Bidder.

1.10 DISCLOSURE OF PROPOSAL CONTENT

1.10.1 The Government Records Access and Management Act, Code Section 3.13.010 et seq., Provo City Ordinance (“GRAMA”) states that certain information in the submitted Proposal may be open for public inspection. If the Firm desires to have information contained in its proposal protected from such disclosure, the Firm may request such treatment by providing a “written claim of business confidentiality and a concise statement of reasons supporting the claim of business confidentiality” with the Proposal (GRAMA, Code Section 3.13.308, Provo City Ordinance). All material contained in and/or submitted with the Proposal becomes the property of Provo and may be returned only at Owner’s option.

1.11 INDEMNIFICATION

1.11.1 To the fullest extent permitted by law, the Seller shall indemnify and hold harmless Provo City from and against any claims and all liabilities, liens, costs, damages, citations, penalties, fines, attorney’s fees, losses or expenses from whatever nature (collectively “claims”) arising out of or resulting from performance of (or failure to perform) the Work under this agreement, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property (other than to the Work itself) including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the seller, the Sellers sub-contractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified there under. Such obligation shall not be construed to negate, abridge, or otherwise reduce other rights or obligations if indemnity which would otherwise exist as to a party or person described in this paragraph.

1.12 INSURANCE

1.12.1 Contractor shall provide the following minimum insurance coverage from companies holding a General Rating of "A" or better as set forth in the most current issue of Best's Key Rating Insurance Guide written for not less than the following, or greater if required by law and all such insurance to be primary to any insurance maintained by Owner, shall name Owner as additional insured with waiver of subrogation:

A. The Successful Contractor shall not commence work under this Agreement until it has obtained all insurance required by the contract documents and such insurance has been approved by Provo City. The Contractor shall not allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained and approved. For the duration of this Agreement, the Contractor must maintain the insurance coverage required in this section.

B. The Successful Contractor shall procure and maintain, at its own cost, the following policy or policies of insurance. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the contract documents by reason of its failure to procure or maintain insurance or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types.

C. Successful Contractor shall procure and maintain and shall cause each Subcontractor of the Contractor to procure and maintain (or shall insure the activity of Contractor’s Subcontractors in Contractor’s own policy with respect to), the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the City. All coverages shall be continuously maintained from the date of commencement of the Work. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.

1. Worker’s Compensation insurance to cover obligations imposed by the Workers’ Compensation Act of Utah and any other applicable laws for any employee engaged in the performance of Work under this contract, and Employers’ Liability insurance with minimum limits of One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) disease – policy limit, and One Million Dollars ($1,000,000) disease – each employee. Waiver of subrogation endorsement shall be included. No owner of officer working on city premises may be excluded.

1. Commercial General Liability insurance with minimum single limits of Three Million Dollars ($3,000,000) each occurrence and Three Million Dollars ($3,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interest’s provision, and shall name the City as an additional insured for ongoing and completed operations, on a primary and non-contributory basis. Waiver of subrogation endorsement shall be included. Aggregate limits shall apply on a ‘per project’

1. Commercial Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than Three Million Dollars ($3,000,000) each accident with respect to each of Contractor’s owned, hired and/or non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interest’s provision, and shall name the City as an additional insured, with a waiver of subrogation endorsement.

1. The Contractor’s Professional liability (errors & omissions) insurance coverage shall be written for not less than $3,000,000. Insurance shall be maintained for two (2) years after work has been completed.

1. The policies required above, except for the Workers’ Compensation insurance and Employer’s Liability insurance, shall be endorsed to include Provo City, and its officers and employees, as additional insured. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or its employees, shall be excess and not contributory insurance to that provided by Contractor. The additional insured endorsement for the Commercial General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under each of the policies required above.

1. If the Contractor uses any sub-Contractors, Contractor will provide for Contractors or require the same insurance provisions for its sub-Contractors.

1. Certificates of insurance shall be completed by the Contractor’s insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and copies of such certificates shall be forwarded to the City prior to start of Work. Each certificate shall identify the Project and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the City. If the words “endeavor to” appear in the portion of the certificate addressing cancellation, those words shall be stricken from the certificate by the agent(s) completing the certificate. The City reserves the right to request and receive a certified copy of any policy and any endorsement thereto.

1. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the City may immediately terminate the contract, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the City shall be repaid by the Contractor to the City upon demand, or the City may offset the cost of the premiums against any monies due to Contractor from the Owner.

1.13 INVOICING

1.13.1 Provo City shall make payment to Bidder for all services performed by Bidder pursuant to this Agreement. Bidder shall submit a written invoice upon completion and Provo City shall pay the invoice fee within thirty (30) days.

1.13.2 Invoices shall be submitted to:

Provo City

Fleet Department 1377 S 350 E Provo, UT 84606

1.14 LIQUIDATED DAMAGES

1.14.1 The Vendor agrees to deliver product as quoted in this proposal. Failure to deliver as quoted constitutes an event of default. The actual damages to Owner for the delay will be difficult or impossible to determine. Therefore, in lieu of actual damages, the Bidder shall pay to Owner, liquidated damages for each calendar day of delay, an amount of $75.00 per day, up to a maximum of sixty (60) calendar days. Should the vendor be unable to complete the delivery at the end of the sixty (60) day period, Owner, at its option, may treat the contract as breached, terminate the contract, purchase substitute product else-where, and charge the full increase, if any, in cost and handling for such purchase to the defaulting vendor, and seek such additional relief as provided by law. The vendor shall not be charged for liquidated damages when delay arises out of causes beyond control and without the fault or negligence of the vendor.

1.15 SHIPPING/DELIVERY

1.15.1 Delivery dates shall be indicated in the Bidders proposal and delivery shall be no later than indicated unless otherwise mutually agreed to by both parties. Firm delivery dates shall be of prime consideration during the bid evaluation. Date of shipment shall be as promised by the Bidder, based upon prompt receipt of all necessary information. The date of shipment shall be defined as the date the bill of lading is signed by the carrier.

1.15.2 Any change in the delivery date shall be reported immediately by telephone, followed by a written confirmation and explanation thereof. The delivery date shall be extended for the period of any reasonable delay due exclusively to causes beyond the control and without the fault of the Bidder.

1.15.3 Shipping shall be FOB destination (Provo, Utah). The title to the material and apparatus furnished hereunder shall pass to the Owner at the destination point.

1.15.4 On the same day that any shipment to the Owner is originated, a transmission, including the following, shall be forwarded to the Owner:

1. Packing List - Two (2) copies.

2. Bill of Lading - Original and two (2) copies.

Packing list shall also accompany each shipment.

1.16 SILENCE OF SPECIFICATIONS

1.16 The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid.

1.17 NON-DISCRIMINATION AND EQUAL OPPORTUNITY

1.17.1 Bidder agrees to comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement; and (j) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement.

1.18 INTERPRETATION AND ADDENDA

1.18.1 If any prospective Bidder is in doubt as to the true meaning of any part of the Bid Documents, Bidder may submit a written request for an interpretation on Bonfire. The request must be made by March 31st, 2026 at 12 a.m. MT. The Owner/Engineer will respond on Bonfire. The Owner will not be responsible for any other explanations or interpretations of the proposed documents.

1.18.2 It shall be the Bidder's responsibility to advise the Engineer, before the time specified for receipt of bids, of conflicting requirements or omissions of information which require clarification. Those questions not resolved by addenda shall be listed in the space provided on the proposal form, together with statements of the basis upon which the proposal is made as affected by each question.

1.19 EXCEPTIONS

1.19.1 Each Bidder shall attach a list, with its Proposal, of all exceptions to the specification and bid documents. If the Bidder takes no exceptions, Bidder shall indicate on the proposal that no exceptions are taken. Proposals which do not comply with this requirement will be considered irregular and may be rejected at the discretion of the Purchaser. In case of exception not described in the bid proposal, the requirements of the specification and bid documents shall govern.

1.19.2 If the Bidder takes exception, all such exceptions shall be specific in nature and carefully referenced to the applicable page number, article number, and article title of the specifications and documents. If the Bidder proposes deletion of language and substitution of revised language, such deletion and substitution shall be carefully presented by typing complete paragraphs or articles of the original specification language and incorporating the substitute language. Proposed deletions shall be set off by brackets, thus: [delete this language], and proposed substitute language shall be indicated by underlining, thus: substitute this language. Exceptions which are general, which make reference to the Bidder's standard terms and conditions, or which make reference to the Bidder's descriptive information as a whole will not be acceptable. Proposals which do not comply with these requirements for the presentation of exceptions will not be acceptable and may be rejected.

1.19.3 If a proposal includes express or implied exceptions that are not listed as required, the requirements of the specifications and documents shall govern. The Bidder shall not alter any part of the specifications and documents in any way, except by stating his exceptions.

1.20 WARRANTY

1.20.1 Manufacturer shall warrant to Owner that the materials and/or services to be furnished hereunder are of the highest quality and free from defects in material, workmanship, and title and will be of the kind described in the pertinent purchase order. All materials shall be new. The Manufacturer's warranty shall be effective for a minimum period of twelve (12) months after the date of shipment to Owner. Terms of Manufacturer's warranty shall be included in the bid proposal and will be a criterion for evaluation of the proposal.

1.21 STATEMENT ON IMMIGRATION STATUS

1.21.1 All contractors, including sub-contractors, are reminded of the requirements of Utah Code Annotated 63G-12-302. Provo City is prohibited from entering into any contract for the performance of services with any party who does not provide the City with proof of registration and participation in a federally approved immigration status verification system. Failure to provide proof may be grounds for rejection of a proposal.

1.22 SALES TAX USE

1.22.1 Bidders responding to Provo City requests for proposals should be aware that all materials installed or

Provo City Independent Contractor Liability Waiver and Hold Harmless Agreement

I, ________________________, have agreed to provide services, as an independent contractor, to Provo City, a municipal corporation of the State of Utah, hereafter referred to as “The City.” As a condition precedent to performing such services and in consideration of payment to be received for such services, I recognize, understand, and covenant as follows:

1. I am working as an independent contractor and not as an employee, officer, or agent of The City and am not entitled to any benefits provided to employees of The City.

2. I am solely responsible and liable for any and all taxes, insurance costs, interest, assessments, penalties, damages, attorney fees, or other costs which may arise from the performance of these services or activities. Accordingly, I understand that The City will not withhold any federal, state, or local taxes, including FICA, nor will The City provide any unemployment compensation, worker’s compensation coverage, or insurance coverage. I certify that I have adequate insurance coverage, including health and accident, for any injuries I may sustain while providing said services.

3. I hereby waive, personally release, hold harmless and forever discharge any and all claims for damages for personal injury, including death, or property damage which I may have, or which may hereafter accrue to me, against The City as a result of my performance of services for the City as an independent contractor. Further, I shall defend, indemnify and hold The City harmless from and against all claims, liabilities, loss and expense, including reasonable costs, expenses and attorney’s fees incurred, which arise by reason of my acts or omissions in the performance of said services.

4. This release is intended to discharge The City and its officers, agents, employees and volunteers from and against any and all claims arising out of or connected in any way with my performance of services for The City as an independent contractor.

5. I have read this Liability Waiver and Hold Harmless Agreement, and understand the terms used in it. I also understand that by signing this document, I may be giving up legal rights which I, or others claiming through me may have now or in the future. It is further understood that accidents and injuries can arise out of performance of these services; knowing those risks are inherent to the nature of the work to be performed, I nevertheless hereby agree to assume those risks and to release and to hold harmless all persons or agencies mentioned above who might otherwise be liable to me (or my heirs or assigns) for damages. It is further understood and agreed that this waiver, release and assumption of risk is to be binding on my heirs and assigns.

6. This Liability Waiver and Hold Harmless Agreement is freely and voluntarily given with the understanding that rights to legal recourse against The City are knowingly given up in return for The City’s agreement to contract with me for the provision of these services.

~ THIS IS A RELEASE OF YOUR RIGHTS. PLEASE READ CAREFULLY BEFORE SIGNING ~

Dated this day of ___ , 20___.

WITNESSED FOR PROVO CITY: INDEPENDENT CONTRACTOR:

By: ______________________________ By: _______________________________

Title: ______________________________ Printed Name: _______________________

Provo City