Request for Proposals for Citywide Fiber to Premises

Request for Proposals for Citywide Fiber to Premises

Click to download -Woodland Hills RFP-12-05-2017 (.pdf)

Click to download – RFP Attachment A__Statement of Costs (.xlsx)

City of Woodland Hills, Utah
Request for Proposals for
Partnership for Deployment of
Citywide Fiber to the Premises
(FTTP)
Issued: December 8, 2017
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Table of Contents
I. Purpose of RFP………………………………………………………………………………………………………..4
A. Purpose of RFP………………………………………………………………………………………………………..4
B. Background. ……………………………………………………………………………………………………………4
C. Mandatory Minimum Requirements………………………………………………………………………….4
A. The City. …………………………………………………………………………………………………………………5
B. Important Dates………………………………………………………………………………………………………5
C. Multiple Stage Process……………………………………………………………………………………………..6
D. Oral Presentation…………………………………………………………………………………………………….6
E. Best and Final Offer. ………………………………………………………………………………………………..6
F. Award of the Contract. …………………………………………………………………………………………….6
G. Contract Period and Effective Date. …………………………………………………………………………..6
III. Scope of Work…………………………………………………………………………………………………………7
A. Overview. ……………………………………………………………………………………………………………….7
B. Design and Construction…………………………………………………………………………………………..7
C. Continued Operation of the Network…………………………………………………………………………8
IV. Proposal Requirements…………………………………………………………………………………………….8
A. Mandatory Minimum Requirements………………………………………………………………………….8
B. Scope of Work…………………………………………………………………………………………………………9
C. Safety Plan. …………………………………………………………………………………………………………….9
D. Statement of Qualifications………………………………………………………………………………………9
E. Statement of Costs…………………………………………………………………………………………………..9
V. Proposal Response Format……………………………………………………………………………………..10
A. Overview. ……………………………………………………………………………………………………………..10
B. Cover Letter. …………………………………………………………………………………………………………10
C. Detailed Discussion………………………………………………………………………………………………..10
D. Attachment A: Statement of Costs. ………………………………………………………………………….11
E. Additional Exhibits., Attachments, or Addenda. ………………………………………………………..11
A. Evaluation Process…………………………………………………………………………………………………11
B. Evaluation Criteria and Scoring………………………………………………………………………………..11
VII. General Provisions…………………………………………………………………………………………………13
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A. Protected Information. …………………………………………………………………………………………..13
B. Incurring Costs. ……………………………………………………………………………………………………..13
C. Addendum to RFP. …………………………………………………………………………………………………13
D. Other Communications…………………………………………………………………………………………..13
E. Authorized Vendor Representatives…………………………………………………………………………13
F. Award of Subcontracts……………………………………………………………………………………………14
G. Assignment……………………………………………………………………………………………………………14
H. Remedies………………………………………………………………………………………………………………14
I. Compliance. ………………………………………………………………………………………………………….14
J. Cancellation. …………………………………………………………………………………………………………14
K. Acceptance of Services Rendered…………………………………………………………………………….14
L. Anti-Collusion………………………………………………………………………………………………………..14
M. Indemnification……………………………………………………………………………………………………..15
N. Restrictions. ………………………………………………………………………………………………………….15
O. Right to Reject……………………………………………………………………………………………………….15
P. Record Keeping and Audit Rights. ……………………………………………………………………………15
Q. Management Reports. ……………………………………………………………………………………………15
R. Further Agreements……………………………………………………………………………………………….15
S. Relationship of the Parties………………………………………………………………………………………15
T. Equal Opportunity………………………………………………………………………………………………….16
U. Taxes – Vendor’s Responsibility……………………………………………………………………………….16
V. Tax Liens……………………………………………………………………………………………………………….16
W. Debarment Clause. ………………………………………………………………………………………………..16
X. Status Verification System. ……………………………………………………………………………………..16
Y. Federal Exclusion. …………………………………………………………. Error! Bookmark not defined.
Z. Insurance………………………………………………………………………………………………………………16
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I. Purpose of RFP
Purpose of RFP.
The purpose of this Request for Proposals (the “RFP”) is to solicit proposals to enter into a
contract for a potential public-private partnership between a qualified vendor and the City of
Woodland Hills (the “City”) for the design, engineering, construction, and operation of a Citywide
fiber-to-the-premise network with gigabit capabilities (the “FTTP Network” or “Network”). The City
will own the Network, but it seeks a qualified vendor to design and construct the Network, and,
after development, to oversee the Network’s continued operation through field service,
maintenance, licensing, upgrades, repair, replacement, and customer service. The entities
submitting proposals in response to this RFP will hereafter be referred to as “Vendors.” The City is
considering alternative methods of providing data access to meet the growing needs of its
residents, businesses, and internal infrastructure and may decide, after reviewing submitted
proposals, not to enter into any agreement.
Background.
Located in Southern Utah County, Utah, the City of Woodland Hills has a resident
population of approximately 1,455. The City has approximately 370 homes and one church. There
are no business stores; however, many residents work out of their homes for employment. There
are approximately 500 undeveloped lots. The average lot size is one acre. There are no sidewalks
and little formal landscaping in the City’s right-of-ways. The City is situated at the south end of
Utah County, below Mount Loafer at altitudes between 5,000 and 7,000 feet.
The City has been experiencing growth, and it wants to facilitate further expansion by
creating a fiber infrastructure that can support reliable broadband connectivity to meet current
and anticipated need. Current connectivity in the City is sporadic, and many consumers must settle
for inadequate speeds. Visitors and new residents frequently come from regions with superior
bandwidth and expect this connectivity to continue without interruption when they visit or move
to the City. The City hopes to provide its stakeholders with the broadband capacity needed to
compete successfully in the global marketplace. Further, the City hopes to offset service costs for
its most vulnerable residents through a subsidization program that will allow certain portions of
the population to purchase service at a discounted rate.
To reach these goals, the City is seeking a Vendor to design and construct an infrastructure
that will provide long-term access to an open network of quality broadband and data transport
services at a low cost to City residents and businesses. This infrastructure will also facilitate
enhanced City services through better technological interconnectedness. Accordingly, the City may
enter into a contract with a Vendor that can provide certain “Mandatory Minimum Requirements,”
as defined in Section I.C.
Mandatory Minimum Requirements.
As is set forth in greater specification in Sections IV and V, each Vendor’s proposal must
address how it will meet the following Minimum Mandatory Requirements:
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1. The proposal must offer to design and construct a city-wide, fiber Network that allows for
open-access to multiple internet and data service providers which will be owned by the City
after construction;
2. The Network must be capable of supporting a minimum symmetrical 1 Gbps speeds for
residential customers and 10 or more Gbps for businesses or home businesses;
3. Connection from the Network to individual premises must utilize wired customer premise
equipment (CPE);
4. Fiber strand capacity capable of providing direct homerun connections to businesses
and residential users;
II. RFP Details
The City.
The City of Woodland Hills is the conducting and issuing procurement unit. The head of
the procurement unit is the city council of the City of Woodland Hills. The contact information for
the City is as follows:
Woodland Hills City Office
P: 801-423-3900
F: 801-423-3501
Mailing Address:
200 S. Woodland Hills Dr.
Woodland Hills, UT 84653
Physical Address:
690 S. Woodland Hills Dr.
Woodland Hills, UT 84653
Note that all responses, proposals, and questions submitted in relation to this RFP must be
submitted electronically to chris@woodlandhills-ut.gov.
Important Dates.
RFP Dated and Issued December 8, 2017
Letters of Intent from interested Vendors Due
to the City (submitting a letter of intent
ensures an interested Vendor will receive
further communications from the City
regarding this RFP, including all questions
submitted by other Vendors and
corresponding answers.)
December 15, 2017
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Deadline for Questions from Vendors to the
City
December 18, 2017
Deadline for Responses to Questions from the
City
December 22, 2017
Deadline for Submitting Proposals January 8, 2017
City May Issue Rejections of Proposals Not
Meeting Mandatory Minimum Requirements
January 24, 2018
Time for Evaluation All proposals shall remain valid for a minimum
of 120 days from the Deadline for Submitting
Proposals in order to allow adequate time for
evaluation.
Multiple Stage Process.
The City reserves the right to conduct the RFP in a multiple stage process and narrow the
number of Vendors that will move on to subsequent stages.
Oral Presentation.
The City may award a contract based on initial proposals received without discussion of
such proposals with Vendors. However, the City may require oral presentations as a supplement
to the written proposals. These presentations may be scheduled, if required, by the City’s
evaluating committee after proposals are received and prior to the award of the contract. After
the oral presentations are complete, the committee shall be allowed to re-score the technical
criteria as needed to reflect the information provided in the presentations. The City reserves the
right to reschedule or cancel oral presentations at any time at no cost to the City.
Best and Final Offer.
Best and Final Offer (BAFO) may be requested as part of this process from responsive and
responsible proposals received.
Award of the Contract.
Upon completion of the evaluation process, the City may award the contract to the
highest scoring responsive and responsible Vendor. The award of this solicitation may result in
multiple contracts. The City, pursuant to the scores given proposals by the evaluating committee
and authorization by the City council, as head of the procurement unit, is the only entity
authorized to award a contract for the proposed Network. Upon successful completion and award
of this RFP as described above, the City will provide notice to other Vendors and the public.
Contract Period and Effective Date.
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The anticipated Contract term will be for a period of one (1) year for the design and
construction of the Network and five (5) to ten (10) years for the Network’s continued
maintenance and operation, subject to automatic renewal at the City’s discretion. The anticipated
effective start date of the contract(s) is February 16, 2018.
The anticipated effective date of the Contract is 02/16/2018.
III. Scope of Work
Overview.
The City seeks a partner to design, construct, and operate a Network that allows for fast,
affordable broadband Internet over fiber optics that reach each existing resident and business,
while providing for future expansion, including public Wi-Fi and other area networks to support
improved public services and infrastructure. The Network will allow every home, business, public
facility, and private institution access to an open market of affordable, high‐speed broadband
connections to the Internet and offer non‐discriminatory, open access to all users, service
providers, content providers, and application providers connected to the citywide fiber network.
The FTTP Network must deliver an unfettered data offering that does not impose caps or usage
limits on one use of data over another (i.e., does not limit streaming).
Design and Construction.
The following baseline technical attributes are preferred:
• Fully fiber‐based connectivity to residential and business customers alike;
• Fiber strand capacity capable of providing direct homerun connections to businesses
and residential users;
• Fiber strand capacity and physical architecture (e.g., handhole placement, backbone
routes, etc.) anticipating full deployment to all homes and businesses;
• Low latency to reduce the number of hops to the Internet backbone;
• Backbone topology capable of supporting connections over diverse paths from one or
more central hub locations to fiber distribution cabinets distributed throughout the City to
facilitate high‐availability service offerings;
• Fiber distribution plant placed in underground conduit (as opposed to direct burial
cable) to more readily facilitate repairs and capacity upgrades is preferred;
• Aerial fiber distribution plant constructed on utility poles where beneficial;
• Active components placed in environmentally hardened shelters and/or cabinets
equipped with backup power generation and/or batteries, as appropriate, capable of
sustaining services in the event of extended power outages;
• Fiber path diversity to public facilities in order to maintain continuous service even if
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one path is broken;
• Underground communications conduit pathways that can be utilized by the City for future
scalability;
• Fiber routes that are aligned with existing conduit and coincide with planned City utility,
roadway, and related capital improvement projects to reduce cost and minimize disruption
where possible;
• Micro‐trenching and rock sawing are not preferred construction methodologies.
Continued Operation of the Network.
After the construction of the Network, the City seeks a Vendor to provide continued operational
support, such as the following services:
• Installation of Customer Premise Equipment (CPE);
• Cost of operations and maintenance are passed through to users via a monthly service fee
and are not collectible from the City;
• Marketing and business services to attract and ensure an ample variety of data providers
offering services via the Network;
• Marketing, sales, and customer support targeted to businesses and residents in the City to
ensure high usage rates of the Network;
• Maintenance, monitoring, and replacement of facilities, electronics, hardware, and other
infrastructure;
• Oversight of continued engineering needed to ensure reliable access to the Network
through continued City expansion and population growth;
• 24/7 Network monitoring;
• Network security;
• Customer Service, including minimum response times to be established via contract
between the City and Vendor;
• Minimum performance guarantees, with assurances that the Network will perform to
certain standards with minimal interruptions enforceable via contractual remedies.
IV. Proposal Requirements
Mandatory Minimum Requirements.
Pursuant to Utah Code Annotated Section 63G-6a-704, proposals that do not meet the
Mandatory Minimum Requirements established in Section I.C of this RFP may be rejected by the
City at any time, including prior to any scoring conducted by the evaluating committee.
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Scope of Work.
Each proposal must contain a narrative that addresses each of the preferred requirements
listed in Section III of this RFP.
Safety Plan.
Each proposal must contain (1) a description of the Vendor’s safety plan and (2) the
Vendor’s plans as to how to implement its safety plan particularly to the construction of the
Network, including any subsequent construction required for maintenance or expansion of the
Network or installation and connection to individual businesses and residences.
Statement of Qualifications.
In regards to the design of the Network, each proposal must contain a statement of the
Vendor’s qualifications. If the Vendor intends to use its own employees and internal team to
design the Network, the statement of qualifications should relate to the Vendor itself; if the
Vendor intends to use a single or multiple subcontractors for the Network’s design, the Vendor
must name the intended subcontractor(s) and include a statement of each contractor’s
qualifications. The statement of qualifications must include the following information:
• the Network designer’s professional work history and experience designing similar
networks;
• performance ratings earned by the Network designer or references for similar work;
• any quality assurance or quality control plan;
• the quality of the Network designer’s past work product;
• the time, manner of delivery, and schedule of delivery of the Network’s design;
• the Network designer’s financial solvency; and
• any management plan, including key personnel and subconsultants for the project.
Statement of Costs.
Each proposal must contain a separate Exhibit A in the form of the Exhibit A attached to
this RFP (the “Statement of Costs”) that states the Vendor’s costs for the procurement. Pursuant
to Utah Code Annotated Section 63G-6a-707, the Statement of Costs shall not be submitted to the
evaluating committee and must be submitted in a separate document, attached to the Vendor’s
proposal.
Form Contract.
Each Vendor is strongly encouraged to attach, as an Exhibit B, a proposed form contract
for the construction of the Network. The form contract may include the technical specifications
the Vendor proposes for the Network, any general provisions, and proposed costs or fee structure.
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Each Vendor is strongly encouraged to attach, as an Exhibit C, a proposed form contract
for the ongoing maintenance and service of the Network post construction. The proposed contract
should specify what ongoing services the Vendor will provide for the Network, including provisions
providing specific guarantees as to ongoing customer support and field service through minimum
response times and specific Network-performance guarantees. The proposed form contract should
also include a fee structure for ongoing customer service, operations, security, and maintenance of
the Network. The costs should be passed through to the users of the Network as a monthly service
fee, and the contract should provide a mechanism for setting these fees including a calculation
that will govern periodic increases.
Subsequent award of a contract to a Vendor does not communicate automatic acceptance
of the provisions of the Vendor’s proposed form contract; however, the form contract may serve
as the starting point for negotiations between the City and the winning Vendor.
V. Proposal Response Format
Overview.
The information provided herein is intended to assist Vendors in the preparation of
proposals necessary to properly respond to this RFP. The RFP is designed to provide interested
Vendors with sufficient basic information to submit proposals meeting minimum requirements,
but is not intended to limit a proposal’s content or to exclude any relevant or essential data
therefrom. Vendors are at liberty and are encouraged to expand upon the specifications to give
additional evidence of their ability to provide the services requested in this RFP.
Cover Letter.
The cover letter should include an introduction of the Vendor’s company, as well as
contact information for those persons who are authorized to represent the company in dealing
with this RFP, including the name, title, office address, telephone number, fax number and e-mail
address of the person(s) authorized to represent the Vendor regarding the proposal submitted in
response to this RFP. Also include an addendum acknowledgement by addenda number. The
cover letter should also provide the name, title, office address, telephone number, fax number and
e-mail address of the person authorized to sign a contract and receive and sign all formal notices
and/or addendum regarding such contract.
Detailed Discussion.
This section, constituting the body of the proposal, should contain a specific response in
outline form that addresses each of the proposal requirements set forth in Section IV of this RFP,
including the requirements of Section III as incorporated by reference in Section IV. Outline
numbers should correspond, in order, to the section numbers contained in this RFP. Specific
emphasis should be placed on responding to the information requested in Sections III and IV, but
all sections and items should be fully addressed. Narrative regarding options or alternatives with
complete details including how those meet or exceed the RFP requirements should be included in
the relevant section. Failure to provide written response to items indicated in this RFP will be
interpreted by the City as an inability by the Vendor to provide the requested product, service or
function and may be deemed as “Non-responsive.”
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Exhibit A: Statement of Costs.
Exhibit A will be the Exhibit A to this RFP completed by the Vendor, stating the Vendor’s
proposed costs for the Network and its continued operation and maintenance.
Exhibits B & C: Form Contracts.
As discussed in Section IV.F, each proposal should contain form contracts detailing the
Vendor’s proposal and costs for both (1) the design and construction of the Network and (2)
ongoing operational support, maintenance, and customer service related to the Network.
Additional Exhibits., Attachments, or Addenda.
Vendors may include additional exhibits and attachments, after Exhibits A-C, which may
include miscellaneous information related to the Vendor’s qualifications and specifications for the
proposed contract. Financial reports demonstrating the financial solvency of the Vendor, as
required by Section IV.D of this RFP may be included as an attachment or exhibit.
VI. Proposal Evaluations
Evaluation Process.
All proposals in response to this RFP will be evaluated in a manner consistent with the
Utah Procurement Code and all applicable rules and policies.
All proposals that meet the Mandatory Minimum requirements and not rejected by the
procurement unit as a result, will be reviewed by the evaluation committee. Such proposals will
be evaluated according to compliance with the RFP specifications and requirements. The criteria to
be used to evaluate proposals, listed with their relative weight in points, are included in this
Section VI. All awards will be made by notification to the Vendor in writing by the City. The next
business day after the award, the City will issue a written statement to other Vendors and the
public that includes a justification statement and the scores granted by the evaluation committee
as required by Utah Code Annotated Section 63G-6a-709.5. After notification of award, the City
will then enter into contract negotiations with the winning Vendor.
The City reserves the right to be the sole judge as to the overall acceptability of any
proposal or to judge the individual merits of specific provisions within competing offers. Each
Vendor bears sole responsibility for the items included or not included in the response submitted
by that Vendor. The City reserves the right to disqualify any proposal that includes significant
deviations or exceptions to the terms, conditions and/or specifications in this RFP.
Evaluation Criteria and Scoring.
A. Design and Construction of the Network
Criteria Points
1. The likelihood of the proposed Network to facilitate open access to
multiple data and Internet service providers;
50
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2. Capacity of proposed Network to provide a minimum of 1 Gbps
speeds to residential consumers and between 1 and 100 Gbps to
business and government;
50
3. Demonstrated experience of the Vendor in designing similar
Networks;
50
4. Specifications of Vendor’s proposal align with the City’s technical
preferences for the Network;
50
5. Financial solvency of the Vendor or, if applicable, the subcontractor to
be engaged for the design and construction of the network;
50
6. Existing contractual or established business relationships with data
service providers that may offer services to City residents over the
Network;
25
7. Safety plan and demonstrated ability to enforce the safety plan in past
work;
25
8. Cost. 50
Total: 350
B. Continued Operation and Maintenance of the Network
Criteria Points
1. Existing ability, as demonstrated by
work on past similar networks, to
provide ongoing engineering,
maintenance, replacement, and repair
of the Network;
75
2. Vendor will provide assurances
guaranteeing minimum standards for
Network performance enforceable by
the City through corresponding
contractual remedies;
75
3. Specifications and quality of Network
security plan;
50
4. Demonstrated ability to attract and
ensure multiple service providers have
access to city residents through the
50
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Network;
5. Demonstrated customer service in past
similar networks as shown through
average response and repair times;
50
6. Cost. 50
Total: 350
VII. General Provisions
This section, Section VII, contains standards relating to the RFP in general or standard
contractual provisions the City may include in a subsequent contract with the winning Vendor.
Protected Information.
Under the Government Records Access and Management Act, Utah Code §§ 63G-2-101 to
-901, as amended (“GRAMA”), certain information submitted in the proposal(s) may be open for
public inspection or disclosure. Pursuant to Section 63G-2-309 of GRAMA, any confidential
information provided to the City which Vendor believes should be protected from inspection or
disclosure must be accompanied by a written claim of confidentiality and a concise statement of
reasons supporting such claim. All material contained in and/or submitted with the proposal
becomes the property of the City and may be returned only at the City’s option.
Incurring Costs.
The City will not be liable for any cost which Vendors may incur in connection with the
preparation or presentation of their proposal(s).
Addendum to RFP.
In the event that it becomes necessary to revise this RFP in whole or in part an addendum
will be provided to all Vendors on record as having received this RFP.
Other Communications.
During the RFP process (from the date of issue through the date of contract award or
other final decision) the City is the sole source of official information regarding this RFP. All other
communications, both spoken and written, which are received by any representative of the
Vendor from other sources should be confirmed by the Vendor with the City through a question
submitted via a question by the applicable deadline established in this RFP. All questions
submitted to the City by any Vendor will be distributed, along with the City’s Answer, to all
Vendors to which the City has received a letter of intent.
Authorized Vendor Representatives.
The City reserves the right to require a change in the individual assigned to represent the
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Vendor if the assigned representative is not serving the needs of the City in an acceptable manner.
This right shall carry forward through the response period and, with the successful Vendor, during
the term of the contract.
Award of Subcontracts.
For each subcontract, if any, which the Vendor proposes to award, the Vendor shall
specify in writing the proposed subcontractor’s name and address, and the purpose of each
subcontract. Any Vendor proposing subcontracts as a part of a proposal must explicitly state so in
the proposal. Written approval by the City is required prior to the awarding of any subcontracts.
Any Subcontractor shall be required to provide evidence to the City of the same insurance
provisions and coverages as described in Section VII of this RFP.
Assignment.
Vendor shall not assign or subcontract any portion of its obligations under the Contract
without the prior written consent of the City. Assignment or subcontracting shall in no way relieve
the Vendor of any of its obligations under the contract.
Remedies.
The laws of the State of Utah shall apply in all disputes arising out of this RFP, without
application of any principles of choice of laws.
Compliance.
The Vendor hereby agrees to abide with all applicable federal, state, county, and city laws
and regulations and to be responsible for obtaining and/or possessing any and all permits and
licenses that may be required.
Cancellation.
Inadequate delivery, unsatisfactory service or failure to adhere to contract covenants may
result in cancellation of the contract. The Vendor shall be responsible for reimbursing the City for
expenses incurred as a result of unacceptable service. In the event that either party determines
that a material breach has occurred that would be cause for cancellation of the contract, the party
wishing to cancel shall notify the other party of the alleged breach in writing, and allow the other
party thirty (30) days in which to cure the alleged breach. If the alleged breach is not cured or
substantial steps to cure the alleged breach are not taken within this period, the non-defaulting
party may cancel the contract at the end of said thirty (30) day period.
Acceptance of Services Rendered.
The City, through its designated agents and representatives, will be the sole determining
judge of whether services rendered under the contract satisfy the requirements as identified in the
contract.
Anti-Collusion.
The submission of a proposal constitutes agreement that the Vendor has not divulged its
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proposal to, or colluded with, any other offeror or party to a proposal whatsoever.
Indemnification.
The Vendor shall hold harmless, defend and indemnify the City and its officers,
employees, and agents from and against any and all claims, losses, causes of action, judgments,
damages and expenses including, but not limited to attorney’s fees because of bodily injury,
sickness, disease or death, or injury to or destruction of tangible property or any other injury or
damage resulting from or arising out of (a) performance or breach of the contract by Vendor, or (b)
Vendor’s use of City premises, or (c) any act, error, or omission on the part of the Vendor, or its
agents, employees, invitees, participants, or subcontractors except where such claims, losses,
causes of action, judgments, damages, and expenses result solely from the negligent acts or
omissions or willful misconduct of the City, its officers, employees, or agents.
Restrictions.
All proposals must clearly set forth any restrictions or provisions deemed necessary by the
Vendor to effectively service the proposed contract.
Right to Reject.
The City reserves the right to reject any or all proposals and to waive any informality or
technicality in any proposal in the interest of the City.
Record Keeping and Audit Rights.
Any Vendor providing goods or services under any contract shall maintain accurate
accounting records for all goods and services provided thereunder, and shall retain all such records
for a period of at least ten (10) years, or longer if imposed as required by applicable law or statute,
following termination of the contract. Upon reasonable notice and during normal business hours,
the City, or any of its duly authorized representatives, shall have access to and the right to audit
any records or other documents pertaining to the contract. The City’s audit rights shall extend
throughout the term of the contract and for a period of at least ten (10) years thereafter.
Management Reports.
Upon request the Vendor must be able to summarize and concisely report pertinent
information to the City in a timely manner, throughout the duration of any contract resulting from
this RFP.
Further Agreements.
In addition to a proposal, the City may from time to time require a Vendor to execute
certain additional documents or agreements, including without limitation a contract, for the
purpose of clarifying the intention of the parties with respect to providing the goods or services
hereunder.
Relationship of the Parties.
In assuming and performing the obligations of any contract, the City and any Vendor shall
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each be acting as independent parties and neither shall be considered or represent itself as a joint
venturer, agent, or employee of the other. Vendor affirms that the Vendor or any employee in
their organization does not have a conflict of interest or potential conflict of interest with the City.
Equal Opportunity.
No Vendor of goods and/or services under this RFP or any contract shall discriminate
against any employee, applicant for employment, or recipient of services on the basis of veteran
status, race, religion, color, sex, sexual orientation, age, disability, or national origin.
Taxes – Vendor’s Responsibility.
Vendors shall be responsible for and pay all taxes which may be levied or incurred against
the Vendor in connection with the performance of any services under a contract, including taxes
levied or incurred against Vendor’s income, inventory, property, sales, or other taxes.
Tax Liens.
By submitting a proposal, the Vendor certifies that neither it nor its principals are
presently subject to an outstanding tax lien in the State of Utah. If the Vendor cannot certify this
statement, the Vendor will submit to the City a written explanation for the review of the City. If
the Vendor is subject to any outstanding tax lien in the State of Utah, the City may reject the
Vendor’s quote, bid, offer, or proposal in response to the request pursuant to UCA 63G-6a-905.
Debarment Clause.
Vendor certifies that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction (RFP and subsequent contract), by any governmental department or agency. If Vendor
cannot certify this statement, attach a written explanation for review by the City. Vendor must
notify the City within 30 days if debarred by any governmental entity during the contract period.
Status Verification System.
If a contract is awarded through this RFP for the physical performance of services within
the State of Utah, Vendor or Vendor’s agent, contractor, subcontractor, or service provider is
required to register and participate in the Status Verification System (E-verify) to verify the work
eligibility status of Vendor’s or Vendor’s agent’s, contractor’s, subcontractor’s or service provider’s
employees hired on or after July 1, 2009 and employed in the State of Utah, in accordance with
UCA Section 63G-12-302.
Insurance and Bonds.
Vendor shall maintain Commercial General Liability insurance with per occurrence limits
of at least $1,000,000 and general aggregate limits of at least $2,000,000, listing the City of
Woodland Hills as an additional insured. Vendor shall also maintain, if applicable to Vendor’s
operations or performance of this contract, Builder’s Risk, Cyber Liability, Professional Liability,
Liquor Liability, Aircraft Liability and/or Business Automobile Liability insurance covering Vendor’s
owned, non-owned, and hired motor vehicles with liability limits of at least $1,000,000 per
Woodland Hills | FTTP RFP
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occurrence. Such insurance policies shall be endorsed to be primary and not contributing to any
other insurance maintained by the City.
If applicable, Vendor shall maintain and provide evidence of an employee dishonesty
(fidelity) bond or other form of surety in the minimum amount of $300,000 which guarantees that
the bond or surety will reimburse the City for any pecuniary loss that may be sustained by any act
of fraud, dishonesty, forgery, theft, embezzlement, malfeasance, or misappropriation on the part
of Vendor, or any of its employees, officers, directors, agents, contractors, or subcontractors
directly or indirectly. This bond shall be issued by a responsible surety company authorized to do
business within the State of Utah, and shall be subject to the reasonable approval by the City as to
form and content.
Vendor shall deliver to the City performance and payment bonds upon execution of a
construction contract which shall be in amounts 100% of the price specified in the construction
contract.
Vendor shall maintain all employee related insurances, in the statutory amounts, such as
worker’s compensation, and employer’s liability, for its employees or volunteers involved in
performing services pursuant to this contract. Vendor shall also maintain “special form” property
insurance at replacement cost applicable to Vendor’s property or its equipment and that contains
a waiver of subrogation endorsement in favor of the City.
Vendor’s insurance carriers and policy provisions must be acceptable to the City and
remain in effect for the duration of the contract. The City shall be named as an additional insured
on the Commercial General Liability, and if applicable, Aircraft Liability, and Liquor Liability
insurance policy by endorsement. Vendor will cause any of its subcontractors, who provide
materials or perform services relative to this contract, to also maintain the insurance coverages
and provisions listed above.
If the coverage’s described above are not in place at the time a proposal is submitted,
Vendor should describe in detail what types and levels of coverage are in place currently, and
clearly indicate Vendor’s ability and willingness to obtain the above listed coverage’s if required by
the City.
Vendor shall submit certificates of insurance as evidence of the above required insurance
to the City prior to the commencement of any contract. Such certificates shall indicate that the
City will be given thirty (30) calendar days written notice prior to the cancellation of coverage.