4-26-24 RFP Murray Senior Rec Center Roof Replacement.pdf

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MURRAY CITY, UTAH

REQUEST FOR PROPOSALS (RFP)

RFP Title: Murray Senior Recreation Center Roof/Fascia/Soffit Replacement RFP Number: 26-24 (Previously 26-18) Issue Date: Tuesday June 9, 2026, at 3:00 pm MST Proposal Due Date and Time: June 30, 2026, 3:00 pm MST

Requesting Agency:

Murray City Corporation Division of Purchasing 10 East 4800 South, Room 155 Murray, Utah 84107

Purchasing Agent:

Amandah Maudsley Email: amaudsley@murray.utah.gov Phone: (801) 264-2663

NOTICE TO OFFERORS

Murray City is seeking proposals from qualified roofing contractors to provide complete roof, fascia, and soffit replacement services for the Murray Senior Recreation Center, located at 10 E.

6150 S., Murray, Utah. This project includes removal of the existing roofing system, inspection and replacement of damaged components, and installation of a new 60 mil PVC membrane roof system, along with associated fascia and soffit improvements. The facility serves as a key community asset, and timely completion is required to maintain operations and protect City infrastructure.

This project is funded in whole or in part with Federal Community Development Block Grant (CDBG) funds. Contractors must comply with all applicable Federal requirements, including labor standards, prevailing wage requirements, and SAM.gov registration. Attendance at the mandatory pre-proposal meeting is required for eligibility.

Proposals will be evaluated based on qualifications, project approach, schedule, cost, and warranty. The City intends to award a contract to the proposer whose submission is determined to be most advantageous and in the best interest of the City.

Proposals are due by June 30, 2026, 3:00 pm MST. The project must be fully completed by October 1, 2026.

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TABLE OF CONTENTS

1. Introduction and Purpose

2. Mandatory Minimum Requirements

3. Procurement Authority

4. Project Overview / Scope of Work

5. Format and Content for Proposals

6. Mandatory Pre-Proposal Meeting

7. Timeline

8. Proposal Submission Instructions

9. Evaluation Process

10. Administrative Provisions

11. Right to Reject

12. Award and Contract

13. Disclaimer

14. Attachments

SECTION 1. INTRODUCTION AND PURPOSE

Murray City (the “City”) is soliciting proposals from qualified roofing contractors (“Offerors”) to provide and install a new membrane roof, along with fascia and soffit replacement, at the Murray Senior Recreation Center, located at 10 E. 6150 S., Murray, Utah 84107. The existing roof system has reached the end of its service life and requires complete replacement due to age and ongoing issues. The project includes approximately 20,000 square feet of roofing area. The Murray Senior Recreation Center is an important community facility serving senior residents, and timely completion of this project is necessary to maintain operations and protect the building infrastructure. Proposals must be submitted no later than June 30, 2026, 3:00 pm MST, and the project must be fully completed by October 1, 2026.

SECTION 2. MANDATORY MINIMUM REQUIREMENTS

Because this project is funded in whole or in part with CDBG funds, offerors must comply with all mandatory applicable federal requirements. Murray City Code requires compliance with applicable federal law and regulations when federal funds are used. The contractor shall include all applicable federal requirements in all subcontracts.

Failure to meet or agree to the following requirements shall result in rejection of the proposal.

At time of proposal submission

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1. The offeror must attend the mandatory pre-proposal meeting. The official attendance sheet will be used to determine eligibility. Any offeror not listed on the official attendance sheet is not eligible to submit a proposal as required by this solicitation. This requirement ensures all offerors have a consistent understanding of site conditions and project requirements.

2. The offeror and each subcontractor must be actively registered in SAM.gov at the time of proposal submission. A UEI alone is not sufficient. Full SAM.gov registration is required.

3. The offeror and each subcontractor must not be debarred, suspended, or otherwise excluded from participation in federally funded contracts and must provide any exclusion documentation required by the City.

4. The offeror must certify compliance with all applicable federal requirements for CDBG-funded projects, including the Davis-Bacon and Related Acts, the Contract Work Hours and Safety Standards Act, the Copeland Anti-Kickback Act, Section 3 of the Housing and Urban Development Act of 1968, the Build America, Buy America Act, Uniform Administrative Requirements under 2 CFR Part 200, including 2 CFR § 200.319, Debarment and Suspension requirements, and Equal Employment Opportunity requirements.

During contract performance per the Davis-Bacon Act.

1. The contractor must comply with all applicable labor standards requirements, including payment of prevailing wages to all laborers and mechanics working on the project.

2. The contractor must pay wages weekly to all laborers and mechanics working on the project.

3. The contractor must submit weekly certified payroll reports for all workers on the project, including workers employed by subcontractors.

4. The contractor must ensure that all subcontractors comply with the same federal requirements, labor standards, reporting obligations, and registration requirements that apply to the prime contractor.

5. As required for CDBG funded projects, the contractor must maintain active SAM.gov registration throughout the term of the contract and provide all certifications, records, and compliance documentation required by Murray City, the funding agency, or applicable federal law.

SECTION 3. PROCUREMENT AUTHORITY

This solicitation is conducted under the authority of the City Purchasing Agent as defined in Murray City Code §3.10.050–.060.

Offerors shall not contact any City elected officials, employees, or evaluation committee members regarding this RFP outside of the formal procurement process. All questions, clarifications, or requests for information related to the Scope of Work must be submitted in writing through the Euna Procurement Q&A Section. Questions outside the Scope of Work must be directed to the City’s Purchasing Agent, Amandah Maudsley, at amaudsley@murray.utah.gov.

Any direct or indirect contact with City officials or staff concerning this solicitation, except as specifically authorized, may result in disqualification. This restriction exists to preserve the integrity of the procurement process and ensure equal access to information for all Offerors.

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SECTION 4. PROJECT OVERVIEW / SCOPE OF WORK

4.1 General Scope

The Contractor shall provide all labor, materials, equipment, and supervision necessary to complete the full roof, fascia, and soffit replacement at the Murray Senior Recreation Center.

Work includes demolition, inspection, replacement, installation, testing, documentation, and all required permitting and coordination.

4.2 Project Components

4.2.1 Demolition and Removal

The Contractor shall remove existing roof system down to the structural deck

Roof is full taper, depth varies from 3.5" to 9" Membrane sections include an additional ½" ISO coverboard

Remove and dispose of:

Existing roofing materials Fascia and soffit systems Soffit electrical lighting Abandoned HVAC equipment

4.2.2 Inspection and Existing Conditions

Inspect existing insulation and remove damaged materials Inspect roof deck and replace damaged areas per unit pricing Evaluate subroof and skylight conditions prior to installation

4.2.3 Installation Requirements

Insulation System

Install Polyiso insulation across entire roof for consistency Install EPS taper system between layers of Polyiso Evaluate skylight area slope at 1/4" or 1/8":12

Roof System

Install new 60 mil PVC membrane roof system Mechanically fasten per manufacturer requirements

Edge and Wall Systems

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Install new membrane clad drip edge Remove reglet metal and extend membrane over CMU wall where applicable

Coping and Transitions

Install new pre-finished 24-gauge coping cap

Installed with 22-gauge wind clip at outside face Fasten to wood nailer with neoprene washer fasteners at inside wall

Roof-to-wall transitions:

Install primed roof board over existing siding Adhere membrane to roof board Terminate per manufacturer requirements

Drainage and Accessories

Install overflow clamp rings and damming clamp rings Replace all missing or damaged drain covers with new cast covers

Exterior Improvements

Replace fascia and soffit components Upgrade soffit electrical lighting to exterior LED lighting

4.2.4 Skylights

Evaluate all skylights Perform required repairs or modifications as necessary

4.3 Project Management Requirements

Develop and maintain a project schedule Coordinate all work with City staff Provide daily progress updates Manage all subcontractors Meet with Facilities staff as required Ensure compliance with all applicable codes and regulations Obtain all required permits and inspections

4.4 Testing and Inspection

Perform comprehensive system testing Verify operation of all components Demonstrate system performance to City representatives

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4.5 Documentation and Warranties

Manufacturer Warranty

Provide 20-year, 60 mph system warranty Provide no dollar limit warranty covering defects in materials and workmanship Provide written warranty signed by manufacturer

Pre-Installation Requirement

Manufacturer authorization letter confirming installer approval and warranty eligibility (ANOA) to City prior to start of work

Contractor Warranty

Provide 5-year workmanship warranty

Closeout Documentation

Provide equipment specifications and manuals Provide as-built drawings Provide warranty documentation Provide maintenance schedules and procedures

4.6 Deliverables

Complete roof, fascia, and soffit replacement Provide system testing report Provide full project documentation package Provide all required warranties

4.7 Schedule Requirements

Project must be completed by October 1, 2026 Proposal must include:

o Demolition schedule o Installation schedule o Testing and inspection schedule o Final inspection and closeout timeline

4.8 Cost Requirements

Provide detailed cost breakdown including:

• Equipment

• Labor

• Materials

• Disposal

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• Permits, insurance, and fees

• Testing and inspection

SECTION 5. FORMAT AND CONTENT 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:

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.

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 completed within the Salt Lake Valley over the prior 5 years.

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.

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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, documentation, and warranty procedures.

5. Project Timeline (1 page)

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

Identify key milestones and deliverable dates.

6. Cost Proposal (Attachment B- 2 pages)

Provide a detailed cost estimate, broken down by phase (demolition, installation, etc.).

Include any assumptions made in calculating costs.

7. Bid Security Requirement

Each proposal must be accompanied by bid security in the amount of five percent (5%) of the total proposed amount.

Bid security must be submitted in one of the following forms:

o A bid bond issued by a surety company authorized to do business in the State of

Utah;

o A cashier's check;

o A certified check; or o Other security approved by Murray City.

The bid security must be made payable to Murray City Corporation.

Purpose of Bid Security

The bid security guarantees that the successful Offeror will:

Enter into the construction agreement if awarded the contract; and

Furnish all required performance and payment bonds within the time required by the RFP, contract documents, or City direction.

Failure to Submit Bid Security

Failure to submit the required bid security with the proposal may result in the proposal being rejected as nonresponsive.

Failure of Successful Offeror to Execute Agreement

If the successful Offeror fails to execute the agreement or fails to provide the required performance and payment bonds within the time required, Murray City may retain the bid security as permitted by law and may proceed in the City's best interest, including award to another responsive and responsible Offeror.

Return of Bid Security

Bid security submitted by unsuccessful Offerors will be released after award or cancellation of the solicitation, consistent with City procedures.

8. Appendices

Case Studies of Similar Projects

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Insurance Information

Certifications and Licenses

SECTION 6: MANDATORY PRE-PROPOSAL MEETING

A mandatory pre-proposal meeting will be held on Tuesday June 16th, 2026, at 11:00 AM at the Murray Senior Recreation Center, located at 10 E. 6150 S., Murray, Utah 84107.

Attendance at this meeting is required. An official attendance sheet will be maintained by the City. Only vendors recorded on the attendance sheet will be considered eligible to submit a proposal. Any proposal submitted by a vendor who did not attend and sign in at the mandatory pre-proposal meeting will be deemed non-responsive and will be rejected.

SECTION 7. TIMELINE

Event Date and Time RFP Issued Tuesday June 9, 2026, at 3:00 pm MST Mandatory Pre-Proposal Meeting Tuesday June 16, 2026, at 11:00 am MST Question Due Date Tuesday June 23, 2026, at 5:00 pm MST Questions Answered by Thursday June 25, 2026, at 5:00 pm MST Proposals Due Tuesday June 30, 2026, at 3:00 pm MST Evaluation Period TBA Anticipated Award Date TBA

SECTION 8. PROPOSAL SUBMISSION INSTRUCTIONS

Electronic Submittals (Preferred Method of Delivery):

The Division of Purchasing utilizes the Utah Public Procurement Place (U3P) platform via Euna, formerly known as Bonfire. To respond to this solicitation, register through the U3P Euna platform. First-time users must click “Register” and complete the registration process before reviewing and responding to the solicitation. For registration assistance, consult the online knowledge base, review the FAQs, or contact the Bonfire Support Team at support@gobonfire.com.

When submitting an offer electronically through the U3P Euna platform, allow sufficient time to complete all required online forms and upload documents. The solicitation will close at the date and time stated in this RFP. If uploads are still in progress at the closing time, the system will stop the submission process, and the offer will not be received.

Hand Delivery or Mail Submissions (If you elect not to submit using the preferred electronic method):

All proposals must be contained in a sealed envelope clearly labeled in the lower right-hand corner with the RFP number, project title, and firm name, as follows:

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“RFP 26-24, Murray Senior Recreation Center Roof/Fascia/Soffit Replacement, NAME OF

FIRM.”

Submit proposals to:

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

Proposals received after the deadline stated in this RFP will not be accepted and will be returned unopened.

SECTION 9. EVALUATION

Evaluation Criteria:

Evaluation Factor Points Qualifications and Experience 60 Project Approach and Understanding 40 Project Timeline and Schedule 40 Cost Proposal 30 Warranty 30 Total Points: 200

Evaluation Process

Proposals will be evaluated in accordance with Murray City Code §3.10.090 to determine which proposal is most advantageous to the City, based on overall value and the evaluation criteria set forth in this RFP.

Upon receipt of proposals, the City will conduct an initial review for responsiveness and compliance with all mandatory requirements. Proposals determined to be non-responsive or incomplete may be disqualified. The Purchasing Agent will oversee this review process.

A Selection Committee of no fewer than three members will evaluate all responsive proposals. Each member will complete a conflict-of-interest disclosure prior to participation. Proposals will be evaluated solely on the criteria set forth in this RFP. The criteria are weighted as shown above, for a total possible score of 200 points. Non-price factors are more important than cost.

The City may request additional information, clarification, or revisions from offerors as needed to ensure full understanding of proposals and to support the evaluation process.

The City intends to award to the responsible offeror whose proposal is determined in writing to be the most advantageous, taking into consideration price and all evaluation factors. Following selection, the City may enter into negotiations regarding cost, scope, and contract terms.

After contract award, the Facilities Manager will serve as the primary point of contact for day-to-day coordination between the Contractor and the City.

SECTION 10. ADMINISTRATIVE PROVISIONS

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POSTED TIME

This RFP will be posted publicly for no fewer than five (5) business days per Murray Code §3.10.080(C). All addenda, withdrawals, and clarifications must comply with City Code and Utah Procurement Code 63G-6a.

ADDENDUM TO THE RFP

Any revision to this RFP will be issued as an official addendum to all known recipients and will automatically modify the RFP. Offerors should verify any informal communication with the Purchasing Agent before relying on it. (City Code §3.10.080(C))

GRAMA

Proposals are subject to disclosure under the Utah Government Records Access and Management Act. Materials marked “Protected” must include a written claim under Utah Code §63G-2-309.

Marking an item as ‘Protected’ does not guarantee nondisclosure; the City will make the final determination on record status under that statute and City Code §3.10.040.

PROPOSAL PROTESTS

A Respondent may file a written protest with the City Purchasing Agent. The Protesting Party shall submit the following information: Name, Mailing Address, Daytime phone number, the date of protest, and signature of the protesting party or attorney for the protesting party. All protests shall contain the relief sought, a statement of facts, and a recitation of the reasons and legal authority in support of the protest sufficient to permit review. Protests must be submitted within five (5) business days after the City has issued its notice to award. Filing a protest does not automatically stay the procurement process.

INSURANCE AND BONDING REQUIREMENTS

A. General Requirements Contractor shall, at its sole cost, procure and maintain throughout the term of this Agreement all insurance required herein, including the specific coverages and limits set forth in this section. All insurance shall be issued by insurers licensed to do business in the State of Utah and rated A- or better by A.M. Best. Surety providers, if required, shall be listed in the U.S. Department of the Treasury Circular 570.

B. Required Insurance Policies Contractor shall maintain the following minimum insurance coverages:

1. Workers’ Compensation and Employer’s Liability Contractor shall maintain Workers Compensation Insurance for all its employees and any Subcontractor employees related to this Agreement. Workers’ compensation insurance shall cover full liability under the workers’ compensation laws of the State of Utah. This requirement applies to all Contractor entities, 12 | P a g e including sole proprietors, unless a lawful waiver is obtained. Contractor shall require all approved subcontractors to maintain the same coverage.

2. Commercial General Liability (Occurrence Form) 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 person per occurrence and three million dollars ($3,000,000.00) aggregate for bodily injury, personal and property damage. Such coverage shall include all ongoing and completed operations under this Agreement. These limits can be covered either under a CGL insurance policy alone, or a combination of a CGL policy and an umbrella insurance policy and/or a CGL insurance policy and an excess insurance policy.

3. Commercial Automobile Liability Contractor shall procure and maintain Automobile Liability insurance, with limits of liability not less than one million dollars ($1,000,000.00) 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.

4. Professional Liability (Errors and Omissions) Each professional retained under a professional services agreement shall maintain professional liability insurance in the amount of at least two million dollars ($2,000,000.00). Such insurance shall cover errors and omissions, negligent acts and costs of claims/litigation including investigation and court costs. Such coverage shall be maintained for a period of five (5) years post-completion of the services of this Agreement.

C. Claims-Made Coverage Any policy written on a claims-made basis rather than on an “occurrence” form shall provide full prior acts coverage or have a retroactive date prior to the effective date of this Agreement and shall be maintained for a minimum of three (3) years following termination. Alternatively, such policy shall include an extended reporting period (tail coverage) for the same duration.

D. Certificates and Verification Contractor shall provide proof of all required insurance policies to the City prior to the execution of this Agreement. The City has the right to require complete, certified copies of all Certificates, Insurance Schedules, Major Endorsement and Policies at any time, regardless of whether a claim has been made.

E. Cancellation or Modification All required insurance policies shall provide that coverage will not be canceled, non-renewed, materially modified, or reduced without at least thirty (30) days’ prior written notice to Murray City.

F. Subcontractors Contractor shall not subcontract any work without prior written approval of the Purchasing Agent or designee. Contractor shall require all approved subcontractors to

13 | P a g e maintain insurance that meets the requirements of this Agreement. Contractor remains fully responsible for all work performed by subcontractors and for ensuring their compliance.

G. Changes in Legal Requirements If statutory or judicial changes modify applicable liability limits, Contractor shall, within thirty (30) days of written notice from Murray City, provide updated proof of insurance demonstrating compliance with the revised limits or other limits acceptable to the Purchasing Agent or designee.

H. Failure to Maintain Insurance Failure to maintain the required insurance shall constitute a material breach of this Agreement. In such event, Murray City, through the Purchasing Agent or designee, may obtain such coverage and offset the cost against any amounts due to Contractor.

** 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 or related to Service and 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 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 Contractor’s liability, including a limitation of liability clause for anyone for whom Contractor is responsible, such limitations of liability will not apply to injuries to persons, including death, or to damages to property. The provision of this section shall survive the termination of the Agreement and shall not in any way limit the Insurance requirements of this Agreement.

SECTION 11. RIGHT TO REJECT

Pursuant to Murray City Code Section 3.10.190, the City reserves the right to waive minor irregularities, in whole or in part, and to negotiate terms when doing so serves the City’s best interest.

The City also reserves the right to reject any or all Proposals, cancel this Request for Proposals, or reissue the solicitation when determined to be in the City’s best interest.

SECTION 12. AWARD AND CONTRACT

Award shall be made to the responsible Offeror or Offerors whose proposal is determined in writing to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in this RFP, pursuant to Murray City Code Section 3.10.090(H).

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SECTION 14. ATTACHMENTS

Attachment A - Authority to Sign Form Attachment B - Cost Proposal Attachment C - Draft Agreement

SECTION 13. DISCLAIMER

This RFP was previously 26-18. Murray City did not receive adequate competition under the initial solicitation and was required to cancel and rebid the project in accordance with applicable procurement requirements.

There will be a mandatory meeting on June 16, 2026, at 11:00 am at the Murray City Senior Center. This meeting will be required for any and all interested bidders in this second solicitation. The previous mandatory meetings will not be rolled over or considered.

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ATTACHMENT A

Electronic Signature Authority and Execution Clause

Murray City executes contracts through Adobe Sign as its official electronic signature platform. Each proposer must complete the section below to identify the individual authorized to sign any resulting agreement on behalf of the proposing entity.

Authorized Signer Information (required):

• Authorized Signer Name: ___________________________________________

• Title/Position: ___________________________________________

• Email Address for Adobe Sign Execution:

• Phone Number: ___________________________________________

If your company policy does not permit use of electronic signatures, please indicate below:

☐ Our company does not allow use of Adobe Sign or other electronic signature platforms.

Please send contract documents for wet signature to:

• Mailing Contact Name: ___________________________________________

• Mailing Address: ___________________________________________

• Email for Contract Transmission:

All offerors are responsible for ensuring that the contact information provided above is accurate. Failure to provide correct details may delay contract award and execution.

ATTACHMENT B

COST PROPOSAL FORM

RFP 26-18 – Murray Senior Recreation Center Roof/Fascia/Soffit Replacement

Project Location: Murray Senior Recreation Center, 10 E. 6150 S., Murray, Utah 84107

Company Name: _________________________________

Primary Contact: _______________________________

Instructions

• All pricing shall include all labor, materials, equipment, supervision, mobilization, permits, insurance, testing, disposal, overhead, profit, and incidentals necessary to complete the work described in the RFP.

• Pricing shall remain valid for ninety (90) calendar days following the proposal’s due date.

• Quantities provided by Murray City are estimates only.

• Unit prices shall be used for approved change orders where applicable.

• Failure to fully complete this Cost Proposal Form may result in the proposal being deemed non-responsive.

Base Bid Cost Breakdown Item No. Description Estimated

Quantity Unit Unit Price Total Price

1 Mobilization and project setup

LS Lump Sum $__________ $__________

2 Removal and disposal of existing roofing system

20,000 SF $__________ $__________

3 Removal and disposal of fascia and soffit systems

LS Lump Sum $__________ $__________

4 Roof deck inspection and preparation

20,000 SF $__________ $__________

5 Polyiso insulation system installation

20,000 SF $__________ $__________

6 EPS taper insulation system

20,000 SF $__________ $__________

7 60 mil PVC 20,000 SF $__________ $__________ membrane roofing system

8 Membrane clad drip edge installation

LS Lump Sum $__________ $__________

9 24-gauge coping cap installation

LF Linear Feet $__________ $__________

10 Skylight evaluation and repairs

LS Lump Sum $__________ $__________

11 Fascia replacement

LF Linear Feet $__________ $__________

12 Soffit replacement

LF Linear Feet $__________ $__________

13 Exterior LED soffit lighting upgrades

LS Lump Sum $__________ $__________

14 Testing and inspection services

LS Lump Sum $__________ $__________

15 Permits, insurance, fees, and inspections

LS Lump Sum $__________ $__________

16 Project management and closeout documentation

LS Lump Sum $__________ $__________

Base Bid Total Description Amount Base Bid Total $________________ Sales Tax $________________ Total Proposed Contract Amount $________________

Unit Pricing Schedule Item Unit Unit Price Roof deck replacement SF $__________ Additional insulation replacement

SF $__________

PVC membrane replacement/repair

SF $__________

Coping cap replacement LF $__________ Fascia replacement LF $__________ Soffit replacement LF $__________

AGREEMENT

BETWEEN

MURRAY CITY CORPORATION

AND

For the Complete Replacement of the Roof, Fascia, and Soffit at the Murray Senior Recreation Center located at 10 East 6150 South, Murray, UT 84107

This Agreement is made and entered into this ______ day of __________________, 2026 (the “Effective Date”) by and between Murray City Corporation (“City”), a Utah municipal corporation, and ____________________ (“Contractor”), a corporation with its principal place of business located at

RECITALS

WHEREAS, the City is in need of a contractor to provide all necessary labor, supervision, supplies, equipment, and materials for the complete replacement of the roof, fascia, and soffit at the Murray Senior Recreation Center located at 10 East 6150 South, Murray, Utah 84107 (hereinafter the “Work” or the “Services” as more fully described below); and

WHEREAS, Contractor indicates that it is ready, willing, and able to perform the Work 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 Work, NOW, THEREFORE, based upon the mutual promises and conditions herein, the parties hereby agree as follows:

AGREEMENT

A. SCOPE OF WORK. Contractor shall furnish all necessary labor, supervision, supplies, equipment, and materials to perform the Work and Services in accordance with the terms and conditions of this Agreement, as outlined in Murray City Request for Proposal No. 26-18 (“RFP 26-18”), and Contractor’s Proposal dated _____________[DATE] (“Contractor’s Proposal”), both of which are attached hereto as “Exhibit A” and incorporated herewith. Contractor shall confer with the City for

Attachment C clarification of all pertinent questions that may arise throughout the course of the Services provided under this Agreement.

B. COMPENSATION. The total consideration to be paid for the completion of the Work and 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 agreed 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. All amendments will be attached and made part of this Agreement.

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 26-18; 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.

CONTRACTOR RESPONSIBILITY: Contractor is solely responsible for fulfilling this Agreement, with responsibility for Work and Services provided under this Agreement.

Contractor shall be the sole point of contact regarding all matters relating to this Agreement. Contractor must incorporate Contractor’s responsibilities under this Agreement into every subcontract with its Subcontractors that will provide any Work or Services to the City under this Agreement. Moreover, Contractor is responsible for its Subcontractors compliance under this Contract.

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.

ERRORS AND OMISSIONS: Contractor shall not take advantage of any errors and/or omissions in this Agreement. The Contractor must promptly notify the City of any errors and/or omissions that are discovered.

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 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 caused by or that arise from any negligent, reckless or intentional act or omission 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 sole fault of the City or of independent third parties. This indemnity shall be interpreted in the broadest possible manner consistent with applicable law to indemnify the City.

The obligation to indemnify shall extend to and encompass all costs incurred by the City in defending such claims, demands, lawsuits or actions, including, but not limited to, attorney, witness and expert witness fees, and any other litigation related expenses.

Contractor shall pay any costs that may be incurred by the City in enforcing this indemnity, including reasonable attorney fees. 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. This indemnification obligation is not limited by, but is in addition to the insurance obligations contained in this Agreement.

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 or Work 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. 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 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.

NON-APPROPRIATION OF FUNDS: Contractor acknowledges that the City cannot contract for the payment of funds not yet appropriated by the Murray City Municipal Council (the “Council”). If funding to the City is not appropriated, is reduced due to an order by the Council or the City’s Mayor, or is required by State law, or if federal funding (when applicable) is not provided, the City may terminate this Agreement or proportionately reduce the services and purchase obligations from the City upon thirty

(30) days written notice. In the case that funds are not appropriated or are reduced, the City will reimburse Contractor for products delivered or services performed through the date of cancellation or reduction, and the City will not be liable for any future commitments, penalties, or liquidated damages. No act or omission by the City which is attributable to the non-appropriation of funds shall constitute a breach of or default under this 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 email, 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 email 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.

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…