RFP 27-004

RFP # 27-004

REQUEST FOR PROPOSALS

Synthetic Turf Field Monthly Maintenance and On-Call

Maintenance Repairs

PROPOSALS DUE NOT LATER THAN:

2:00 PM ON October 30, 2026

REQUEST FOR PROPOSALS SCHEDULE

Questions submitted by Wednesday October 14, 2026 by 2:00 pm

Responses to Questions Wednesday October 21, 2026

Proposals due to City Friday October 30, 2026 by 2:00 pm

Submit Proposals to:

www.bidnetdirect.com//cityoffremont

CITY OF FREMONT – REQUEST FOR PROPOSALS # 27-004

Synthetic Turf Field Monthly Maintenance and On-Call Maintenance Repairs

RFP 27-004

REQUEST FOR PROPOSALS

Synthetic Turf Field Monthly Maintenance and On-Call Maintenance Repairs

A. The CITY OF FREMONT (hereinafter "City") hereby requests proposals for the Synthetic

Turf Field Monthly Maintenance and On-Call Maintenance Repairs (hereinafter “Project”), and will receive proposals at www.bidnetdirect.com//cityoffremont, up to the hour of 2:00 p.m., on October 30, 2026. If not already registered on the BidNet website, please visit the link to register for City of Fremont access for free at www.bidnetdirect.com//cityoffremont.

B. SCOPE OF SERVICES. The City has prepared an outline of services (which includes a description of the City’s Project Objectives) which is attached as Exhibit “1” to the Request For Proposals (“RFP”) and generally includes: Synthetic Turf Field Monthly Maintenance and On-Call Maintenance Repairs.

C. REQUESTS FOR CLARIFICATION OF THE RFP. The sole point of contact for information pertaining to this RFP is www.bidnetdirect.com//cityoffremont. Communication with City staff about the scope of services or anything else related to this RFP is forbidden. If any proposer has any question regarding the meaning of any part of this RFP, or finds discrepancies in or omissions from this RFP, the proposer shall submit any questions through the City of Fremont’s online bidding provider at www.bidnetdirect.com//cityoffremont by 2:00 p.m. on Wednesday October 14, 2026. All responses to questions will be posted on BidNet Direct.

D. SUBMITTAL OF PROPOSALS. The instructions for the submittal of proposals are set forth throughout this RFP. Generally, each proposal shall be submitted with a cover letter and four exhibits, including: (A) Scope of Services, (B) Billing Rates, (C) Statement of Qualifications, and (D) Terms of Service Agreement in a SINGLE PDF document. Proposals shall be clearly marked as “PROPOSAL FOR RFP 27-004 Synthetic Turf Monthly Maintenance and On Call Maintenance Repairs.

E. CITY’S REVIEW OF PROPOSALS. All responsive proposals shall be reviewed and evaluated by the City in order to determine which proposer best meets the City’s needs for this Project. The criteria by which the City shall evaluate proposals are set forth in this RFP. The City reserves the right to reject any and all proposals or waive any irregularities in any proposal or the proposal process. The City reserves the right to negotiate the terms of the Agreement for this Project with one or more proposers.

F. AWARD OF AGREEMENT. The City currently anticipates awarding an agreement for this

Project by approximately December 2026. No proposal or agreement for this Project shall be binding upon the City until the Agreement is signed by the Consultant and the City.

1. TIME AND PLACE OF DELIVERY OF PROPOSALS. It is the Proposer's responsibility alone to ensure that the proposal is received by the City’s Authorized Representative at the time and place identified on page 1 of this Request For Proposals (“RFP”).

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2. FORMAT OF PROPOSAL. The Proposer shall submit their proposal to www.bidnetdirect.com//cityoffremont clearly stated “PROPOSAL FOR RFP 27-004 Synthetic Turf Monthly Maintenance and On Call Maintenance Repairs.

3. FORMAT AND QUALITY OF PROPOSALS. All proposals shall be prepared in a clear and concise manner. Unnecessarily elaborate or glossy proposals are neither expected nor desired. The emphasis of the proposal should be on responding to the requirements set forth in this RFP.

4. PROPOSER’S SIGNATURE. An authorized representative of the Proposer shall sign the proposal on a cover letter which: (1) identifies this project by name and number; and (2) identifies the full legal name of the Proposer, along with name of contact person, address, phone number, and e-mail address; and (3) indicates Proposer’s willingness to comply with the procedures identified in this RFP, including an incorporation by reference of the four exhibits identified below.

5. CONTENTS OF PROPOSAL. The Proposer shall include in its proposal, at a minimum, the information outlined in this Section 5 in a manner which demonstrates the Proposer's competence and qualifications for the satisfactory performance of the services identified in this RFP. The Proposer shall attach four separate exhibits to the cover letter proposal, including:

(A) Scope of Services, (B) Billing Rates, (C) Statement of Qualifications, and (D) Terms of Service Agreement.

5(A). Scope of Services. The City has set forth on RFP Exhibit “1,” attached hereto and incorporated herein by reference, an outline of services which the City anticipates the successful proposer to perform. The outline of services set forth on RFP Exhibit “1” is presented for the primary purpose of allowing the City to compare proposals. The precise scope of services to be incorporated into the Service Agreement will be based upon RFP Exhibit “1” as well as Proposal Exhibit “A” to be prepared by Proposer as a part of the proposal (described below) and may be the subject of negotiations between the City and the successful proposer.

5(A)(1). Based upon the City’s outline of services set forth on RFP Exhibit “1,” the Proposer shall prepare a complete description of the scope of services (to be labeled:

Proposal Exhibit “A”) which the Proposer intends to perform in order to achieve the Project Objectives. The Proposer may identify services in Proposal Exhibit “A” which differ from the outline of services in RFP Exhibit “1” if the Proposer believes the changes will assist the City in more efficiently and effectively achieving the City’s stated Project Objectives.

5(A)(2). The Proposer’s scope of services shall include, at a minimum, a description of the major components of services (or phases of service), a description of work product (or “deliverables”) to be provided by Proposer to the City, and the expected time of completion for each component.

5(B). Billing Rates. The Proposer shall prepare a schedule of billing rates (to be labeled:

Proposal Exhibit “B”) which identifies:

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5(B)(1). A proposed rate and method of payment for all services to be performed by the Proposer, including hourly rates, and a description of any reimbursable charges.

5(B)(2). A total proposed “Not to Exceed” cost for the performance of all services described in the scope of services, Proposal Exhibit “A.”

5(B)(3). An estimated cost breakdown for each major component of service, with a cross-reference to each component of service identified in Proposal Exhibit “A.”

5(C). Statement of Qualifications. The Proposer shall prepare a statement of qualifications (to be labeled: Proposal Exhibit “C”) which identifies:

5(C)(1). An identification of the size, stability, and capacity of Proposer’s organization, including, at a minimum, an identification of Proposer’s: (1) total number of years in operation, (2) total current number of employees, (3) number of office locations (including the location of each office), and (4) number of employees in the office location which is intended to provide the services described in Exhibit “A.”

5(C)(2). An identification of the Proposer’s experience performing services for projects of a similar size, scope, and complexity as the services required by this RFP, including an identification of: (1) the number of years Proposer has been performing similar services;

and (2) the most recent projects for which the Proposer has performed similar services. The list of recent projects shall include the name, contact person, address, and phone number of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance.

5(C)(3). A list of the Proposer's principals, employees, agents, and subconsultants which the Proposer intends to assign to this Project. This list shall include a summary of the qualifications (including education, training, licenses, and experience) of each individual;

the approximate number of hours each will devote to the Project; and the type of work to be performed by each individual. The City will retain under its agreement with the successful Proposer the right of approval of all persons performing under the agreement.

5(D). Terms of Proposed Service Agreement. The Proposer shall prepare a document identifying the terms of the proposed Service Agreement between the City and Proposer (to be labeled: Proposal Exhibit “D”), including:

5(D)(1). Specifically identify any portions of the City's standard form Service Agreement (attached to this RFP) which the Proposer desires to amend (either by addition, deletion, or modification).

5(D)(2). Disclose any past, ongoing, or potential conflicts of interest which the Consultant may have as a result of performing the work for this Project.

5(D)(3). Identify Proposer’s ability to comply with the City’s insurance requirements. A copy of an insurance certificate, or a letter of intent to provide insurance from the issuing

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company (including a description of types of coverage and dollar amount limits) may be favorably considered.

6. CITY’S REVIEW OF PROPOSALS. After the proposals are received and opened by the

City, the City shall review and evaluate all proposals for responsiveness to the Request for Proposals in order to determine whether the Proposer possesses the qualifications necessary for the satisfactory performance of the services required. The City may also investigate qualifications of all Proposers to whom the award is contemplated, and the City may request clarifications of proposals directly from one or more Proposers. In reviewing the proposals, the City may consider the following:

6(A). The qualifications (including education, training, licenses, experience, and past performance) of the Proposer and its agents, employees, and subconsultants in completing projects of a similar type, size, and complexity. The City may consider Proposer's timely and accurate completion of similar projects within budget.

6(B). The feasibility of the proposal based upon the methodology of the proposed scope of services, and the reasonableness of the schedule of billing rates.

6(C). Proposer’s understanding of the work to be completed based upon the clarity of the proposal and responsiveness to this RFP.

6(D). Proposer’s proposed language for the Services Agreement.

7. AWARD OF AGREEMENT. Upon completion of the review period, the City will notify those Proposers who will be considered for further evaluation and negotiation. All Proposers so notified might be required to make presentations and negotiate in good faith in accordance with direction from the City. Any delay caused by Proposer's failure to respond to direction from the City may lead to a rejection of the Proposal.

7(A). If the City determines, after further evaluation and negotiation, to award the Agreement, a Service Agreement will be sent to the successful Proposer for the Proposer's signature. No proposal will be binding upon the City until after the Agreement is signed by duly authorized representatives of both Consultant and the City.

7(B). The City reserves the right to reject any or all proposals, and to waive any irregularity.

The award of the Agreement, if made by the City, will be based upon a total review and analysis of each proposal and projected costs.

8. PROPOSALS ARE PUBLIC RECORDS. Each proposer is hereby informed that, upon submittal of its proposal to the City in accordance with this RFP, the proposal is the property of the City.

8(A). Unless otherwise compelled by a court order, the City will not disclose any proposal while the City conducts its deliberative process in accordance with the procedures identified in this RFP. However, after the City either awards an agreement to a successful

RFP 27-004

proposer, or the City rejects all proposals, the City shall consider each proposal subject to the public disclosure requirements of the California Public Records Act (California Government Code Sections 6250, et seq.), unless there is a legal exception to public disclosure.

8(B). If a proposer believes that any portion of its proposal is subject to a legal exception to public disclosure, the Proposer shall: (1) clearly mark the relevant portions of its proposal “Confidential”; and (2) upon request from the City, identify the legal basis for exception from disclosure under the Public Records Act; and (3) the Proposer shall defend, indemnify, and hold harmless the City regarding any claim by any third party for the public disclosure of the “Confidential” portion of the proposal.

9. COSTS ASSOCIATED WITH PROPOSAL PREPARATION ARE SERVICE

PROVIDER RESPONSIBILITY. All costs incurred by prospective proposers associated with the preparation of a response to this Request for Proposals and subsequent demonstrations, analyses, studies, responses to inquiries, travel for purposes of competing for and/or negotiating a contract with the City are the sole responsibility of the proposer.

10. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall comply with all applicable federal, state, and local laws including any applicable legal requirement imposed by Executive Orders duly issued at the federal, state and local level, whether or not said laws are expressly stated in this Agreement. Consultant shall perform services under this Agreement using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Consultant, performing under circumstances similar to those required by this Agreement.

11. PROTESTS AND APPEALS (For any project greater than $100K). Protests may be submitted only by a party that has submitted a bid or proposal in response to the contract solicitation. A subcontractor of a bidder or proposer may not submit a protest. A party may not rely on a protest submitted by another party but must timely pursue its own protest.

A protest that merely requests a re-evaluation of a proposal’s content will not be entertained.

Notice of Decision. After a decision to award a contract subject to these protest provisions has been made the City shall issue a notice of intent to award by posting the notice on the designated public bulletin boards and on the City’s bid results web page.

Time to Submit Protest. All protests must be submitted in writing to the purchasing division before 5:00 p.m. on the fifth business day after the date of posting of the City’s notice of intent to award. The protestor shall bear the risk of non-delivery within the time period specified above regardless of the method of delivery selected (facsimile, electronic mail, delivery service, United States mail service).

RFP 27-004

Form of Protest. All protests shall be in writing and shall contain a complete statement of: the legal grounds for the protest; all the facts relevant to the protest; and the form of relief requested and the legal basis for such relief. All protests shall be accompanied by all documentation supporting the grounds for the protest. The protest shall include the name, address and telephone number of the person representing the protesting party.

12. SB 1383 COMPLIANCE. Where applicable, the City may require the successful Proposer to demonstrate compliance with Senate Bill 1383 regarding organic waste reduction and procurement requirements. Proposers shall address the following in their proposal, if relevant to the services being offered:

12(A) Whether the Proposer has a reporting template to provide product tracking information required by SB 1383, or can provide such reports upon request.

12(B) Whether the Proposer is already providing SB 1383 compliant tracking information for other public buyers.

12(C) If compliant products are not available or are more costly, whether the Proposer can document this to help with record keeping requirements.

12(D) Whether the Proposer can provide certification in writing that paper products sold are recyclable in local recycling programs.

12(E) Whether the Proposer has an indication in its catalog for SB 1383 compliant products.

12(F) Whether the Proposer can provide a separate list of SB 1383 compliant and non-compliant products available.

13. NON-DISCRIMINATION AND EQUAL OPPORTUNITY. The successful Proposer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identify, national origin, age, disability, veteran status, or any other protected classification under federal state, or local law. The Proposer shall comply with all applicable equal employment opportunity laws and regulations.

Conflict of Interest (Signed copy must be submitted with proposal)

Each vendor must disclose any existing or potential conflict of interest relative to the performance of the contractual services as a result of this RFP/Bid. Any such relationship that might be perceived as or represent a conflict should be disclosed. By submitting a proposal in response to this RFP/Bid, vendors affirm that they have not given, nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor or service to a public servant or any employee or representative of same, in connection with this procurement. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest will automatically result in the disqualification of a vendor’s proposal. An award will not be made where a conflict of interest exists. The City will determine if a conflict of interest exists and whether it may reflect negatively on the City’s selection of a vendor. The City reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest.

Collusion

This is to certify that the undersigned bidder has neither directly nor indirectly entered into an agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this proposal submitted this date to the City of Fremont.

All terms and conditions of this Request for Proposal have been thoroughly examined and are understood.

NAME OF BIDDER:

AUTHORIZED REPRESENTATIVE

SIGNATURE

TITLE

ADDRESS

Exhibit “1” Scope of Services

1. Purpose and Intent The City of Fremont (City) seeks a qualified Contractor to provide scheduled monthly maintenance, periodic advanced-care cleaning, inspection, and on-call repair services for synthetic turf athletic fields. Services shall preserve field appearance, playability, drainage, infill distribution, fiber condition, seam and inlay integrity, and compliance with the applicable turf manufacturer’s maintenance requirements. Work shall be coordinated to minimize disruption to scheduled recreation programs and public use.

2. Service Locations The initial service locations are listed below. The City may add, remove, or substitute locations by written authorization in accordance with the Agreement.

No. Field / Facility Address or Field Identifier Estimated Sq.

footage

Central Park Multi-Use Synthetic Fields including cricket

1110 Stevenson Blvd.

Fremont, CA 94538

180,000 Sq. Feet

Centerville Community Park – Synthetic Baseball Field

3355 Country Drive Fremont, CA 94536

64,000 Sq. Feet

Irvington Community Park- Multi Use Synthetic Fields

41885 Blacow Rd.

Fremont, CA 94538

67,000 Sq. Feet

Karl Nordvik Community Park- Multi Use Synthetic Fields (football & baseball)

Corner of Ardenwood Blvd & Commerce Drive. Fremont, CA 94555

100,000 Sq. Feet

3. General Requirements

a. Perform all services in accordance with the turf manufacturer’s current written guidelines, warranty requirements, accepted industry practices, and the Agreement.

b. Provide trained personnel, supervision, labor, transportation, tools, specialized turf equipment, cleaning products, repair materials, personal protective equipment, temporary barriers, and incidentals necessary to complete the work.

c. Use only equipment and products suitable for the installed synthetic turf system.

Equipment shall not create excessive compaction, fiber damage, displacement, rutting, contamination, or warranty impairment.

d. Maintain safe public access controls and protect adjacent landscaping, irrigation, fencing, utilities, structures, furnishings, and other improvements. Restore damage caused by Contractor operations at no cost to the City.

e. Keep gates, emergency access routes, and surrounding hardscape clear. The Contractor shall provide suitable field-access requirements to the City in advance of service.

f. Immediately notify the City of unsafe conditions, field closure recommendations, suspected base or drainage failure, or damage that may affect safe use.

4. Scheduled Monthly Maintenance

a. Contractor shall service each designated field once per calendar month, unless the City authorizes a different frequency in writing. Each monthly visit shall include the following:

b. Pre-service inspection: Walk the complete field, perimeter, sidelines, goal areas, high-use zones, seams, inlays, edges, and access points. Photograph and document existing damage, unusual wear, contamination, standing water, low-infill areas, loose components, and safety concerns.

c. Debris removal and magnet sweep: Remove leaves, twigs, litter, dirt, gum, bird droppings, and other foreign materials. Perform a magnetic sweep where appropriate to remove metal objects. Collect and legally dispose of all waste off site.

d. Brushing, raking, and sweeping: Brush the field in multiple directions as appropriate to lift fibers, reduce matting, and redistribute infill. Rake and sweep sidelines, perimeter zones, field markings, and other areas not adequately reached by larger equipment.

e. Light decompaction: Lightly decompact the infill using manufacturer-approved equipment and settings appropriate to the turf fiber, system type, age, use level, moisture condition, and infill depth.

f. Infill redistribution and replenishment: Redistribute displaced infill from perimeter and low-use areas to high-use and low-depth areas. Add compatible, manufacturer-approved infill where authorized and necessary. Unless otherwise approved by the City, routine replenishment included in a visit shall not exceed 500 pounds per field.

g. Detailed system inspection report: Inspect infill depth and consistency, infill migration, fiber wear and matting, sewn and glued seams, line markings, field inserts/inlays, perimeter edging and attachments, drainage indicators, anchoring, and transitions to adjacent surfaces.

h. Minor corrective work: Correct minor loose fibers, small localized infill deficiencies, and other incidental conditions that can be safely resolved during the scheduled visit without specialized repair mobilization. Seam, inlay, tear, burn, or base repairs shall be handled under Section 7 unless expressly included in the pricing schedule.

i. Post-service condition: Remove equipment and debris; leave gates, access routes, sidelines, and adjacent areas clean and safe. Do not reopen a treated or wet field until it is safe for use.

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5. Advanced-Care / Deep-Cleaning Service

a. At least once annually per field, or at the frequency stated in the Schedule of

Performance, Contractor shall perform an advanced-care service. The service shall be scheduled with the City and shall include:

1. General sweeping and removal of embedded or accumulated foreign materials.

2. Deep grooming and rejuvenation using a three-step process consisting of decompaction, brushing, and infill cleaning with a vacuum rotary brush or approved equivalent, followed by fine grooming with a power surface brush.

3. Targeted treatment of stains, odors, gum, biological residue, and other contaminants using manufacturer-approved products and methods.

4. Thorough removal or rinsing of cleaning products where required and sufficient drying time before reopening the field.

5. Pre- and post-service inspection, photographs, and written field-maintenance monthly summary.

6. Measurement and documentation of representative infill depths and identification of areas requiring additional infill or repair.

b. GMAX or other impact-attenuation testing is not included and is specifically listed in the fee schedule as authorized on-call work. When authorized, testing shall be performed by qualified personnel using applicable current ASTM methods, with a written report submitted to the City.

6. Inspection Findings and Field Condition Ratings

The Contractor shall classify observed conditions and provide a recommended action:

Rating Condition Required Action

Routine No material defect; normal maintenance is sufficient.

Document in monthly report.

Monitor Early wear or minor deficiency that is not immediately hazardous.

Document, photograph, and recommend timing.

Repair Defect requires corrective work beyond routine service.

Submit repair recommendation and estimate.

Urgent / Unsafe

Condition may present a safety risk or cause escalating damage.

Secure or isolate the area when feasible; notify City immediately and await direction.

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7. On-Call Maintenance and Repairs

a. Authorized Work - The Contractor shall provide on-call troubleshooting, maintenance, and minor maintenance repairs when requested by the City. No on-call work shall begin without written authorization from the City’s designated representative, except for temporary protective measures expressly directed during an emergency response. On-call services may include:

1. Repair of open or failed seams, adhesive failures, tears, cuts, holes, burns, loose edges, and separated field markings or inlays.

2. Replacement or reattachment of damaged turf panels, inlays, perimeter attachments, transition materials, and related components.

3. Localized infill removal, cleaning, redistribution, replenishment, or replacement, including correction of concentrated low spots and excessive infill migration.

4. Correction of localized surface irregularities, depressions, wrinkles, displacement, or trip hazards when the cause and repair are within the synthetic turf system.

5. Contamination response, stain or odor treatment, bodily-fluid cleanup, gum removal, and sanitation using products approved for the turf system.

6. Inspection and limited corrective work related to drainage performance;

investigation or repair below the turf system shall require specific City authorization.

7. Emergency stabilization, temporary patching, barricading support, or other measures needed to protect users and prevent further damage.

8. GMAX testing, infill-depth mapping, fiber or seam assessment, laboratory testing, or other specialty evaluations when requested.

b. Service Request and Response: Response times begin when the City transmits the request to the Contractor’s designated contact. Final repair timing shall account for material availability, weather, field scheduling, manufacturer requirements, and the City’s written direction.

Priority Example Acknowledgment Site Response / Action Plan

Emergency Immediate safety hazard or active damage affecting field use.

Within 2-4 hours

Within 24 hours when requested and practicable; otherwise provide the earliest available response and interim protection guidance.

Urgent Defect may require field restriction but is not an immediate emergency.

By end of same business day

Within 2-3 business days, unless otherwise approved.

Routine Non-hazardous repair or planned corrective maintenance.

Within 1 business day

Inspect or provide action plan within 3-5 business days.

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c. Estimate and Authorization - Before performing a permanent on-call repair, Contractor shall submit a written, itemized proposal unless the City authorizes work under a pre-established unit price or not-to-exceed amount. The proposal shall include:

1. Observed condition and probable cause

2. Recommended repair method, limits, and anticipated service life

3. Labor classifications, estimated hours, materials, equipment, mobilization, subcontractors, and applicable markups

4. Schedule, field closure duration, access requirements, and warranty impacts

5. Photographs or marked field diagram identifying the repair location

6. A clear not-to-exceed amount and exclusions

d. Repair Standards and Closeout

1. Repairs shall match the existing turf system in material type, fiber, color, pile direction, infill compatibility, seam method, markings, and appearance to the greatest extent commercially practicable.

2. Where manufacturer warranty coverage remains in effect, Contractor shall use methods and materials that preserve the warranty and coordinate with the manufacturer when required.

3. Completed repairs shall be smooth, secure, fully bonded or sewn as applicable, free of raised edges and trip hazards, and ready for intended use after required curing or drying.

4. Within five business days after completion, Contractor shall submit a closeout record showing dates, labor, materials, locations, before-and-after photographs, warranty information, and any follow-up recommendations.

8. Scheduling and Coordination

a. Submit a proposed recurring monthly schedule and an annual advanced-care schedule for City approval. Coordinate changes at least five business days in advance when practicable.

b. Confirm each visit with the City’s designated representative and coordinate around leagues, tournaments, permits, special events, irrigation, weather, and field closures.

c. Do not enter or operate equipment on a saturated, frozen, excessively hot, or otherwise unsuitable field when doing so may damage the system.

d. Provide at least 48 hours’ notice of any planned full or partial field closure, except for emergency conditions.

e. Maintain current primary and after-hours contact for on-call service requests.

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9. Documentation and Monthly Reporting

a. Submit a service report electronically within five business days after each visit. The report shall identify the contract, field, date, arrival and departure times, personnel, equipment, weather or field conditions, services performed, amount and type of infill added, products used, waste removed, defects observed, repairs completed, recommended actions, and before-and-after photographs. Reports shall clearly distinguish routine work included in the monthly price from separately authorized on-call work.

b. Provide a monthly summary with invoices showing all completed visits, outstanding recommendations, open repair requests, authorized amounts, and status. Failure to provide complete supporting documentation may delay invoice approval.

10. Materials, Equipment, and Environmental Controls

a. Cleaning agents, adhesives, infill, and repair materials shall be compatible with the installed turf and approved by the City before use. Safety Data Sheets shall be provided upon request.

b. Contractor shall prevent cleaning solutions, infill, debris, and contaminants from entering storm drains, waterways, landscaping, or adjacent facilities.

c. Waste shall be collected, transported, and disposed of lawfully. The Contractor shall not use City receptacles without permission.

d. Equipment shall be clean, leak-free, properly maintained, and operated by trained personnel. Fueling and maintenance shall not occur on the synthetic field.

11. Quality Assurance and Acceptance

a. The Contractor shall maintain a competent supervisor authorized to act on its behalf and inspect labor, materials, and completed work for compliance.

b. The City may inspect work at any time and may require correction of incomplete, defective, unsafe, or noncompliant work.

c. Work is accepted only after required services and documentation are complete and identified deficiencies attributable to the Contractor are corrected.

d. The Contractor shall correct damage or defects caused by its operations promptly and at no additional cost to the City.

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12. Warranty

a. Contractor shall warrant on-call repair workmanship and Contractor-furnished materials for one year from City acceptance, or for the longer manufacturer warranty period when applicable. Routine maintenance services shall be performed in accordance with manufacturer guidelines. Defects resulting from Contractor work shall be corrected promptly at no additional cost. Warranty coverage does not include unrelated vandalism, abuse, neglect, casualty, or abnormal use unless the repair itself fails due to defective workmanship or materials.

13. Exclusions and Additional Authorization

a. Unless specifically included in the fee schedule or separately authorized, the following are excluded from the fixed monthly maintenance price: major turf replacement; extensive seam or inlay reconstruction; repair of vandalism, abuse, fire, vehicle damage, or abnormal wear; base, subgrade, drainage, electrical, irrigation, fencing, or concrete work; laboratory testing; GMAX testing; and large-volume infill replacement. Discovery of an excluded condition does not relieve the Contractor of its duty to report, photograph, and recommend appropriate action.

14. City Responsibilities

a. Identify the designated representative authorized to schedule work and approve on-call repairs.

b. Provide known field-system and warranty information reasonably available to the

City.

c. Coordinate field access and scheduled closures and provide keys or access credentials when required.

d. Review submitted estimates, reports, and repair recommendations and provide direction.

15. Performance and Payment Bonds

a. Before commencing work, the Contractor shall furnish the City with a performance bond and a payment bond, each in an amount equal to one hundred percent (100%) of the total contract amount, unless a different amount is stated in the Agreement.

The bonds shall be executed by a surety admitted to conduct business in the State of California and acceptable to the City, shall name the City as obligee, and shall remain in full force throughout contract performance and completion of all warranty obligations. The performance bond shall guarantee faithful performance of all contract requirements. The payment bond shall secure payment of lawful claims for labor, materials, equipment, and other services furnished in connection with the work. All bond premiums and related costs shall be included in the Contractor’s pricing, and bonds shall be provided on forms acceptable to the City.

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16. Contractor Qualifications

a. Demonstrated experience maintaining and repairing synthetic turf athletic fields of comparable type and use.

b. Personnel trained in the operation of specialized grooming, decompaction, vacuum, and repair equipment.

c. Possession of all licenses and certifications required by law and the Agreement, including applicable California contractor licensing for repair work.

d. Ability to obtain compatible materials and coordinate with turf manufacturers when warranty or proprietary system requirements apply.

17. Measurement and Payment

a. Scheduled monthly maintenance shall be paid at the accepted fixed price per field per completed visit. Annual advanced-care service shall be paid at the accepted fixed price per field per completed service unless included in the monthly price.

On-call repairs shall be paid using accepted unit prices or authorized time-and-material rates, subject to the City’s written not-to-exceed authorization. No payment is due for unauthorized work, rework required to correct Contractor deficiencies, or incomplete service visits.

18. Optional Pricing Schedule

Item Unit Estimated Quantity

Unit Price

Monthly routine maintenance - per field

Visit 12 per field / year

Annual advanced-care / deep-cleaning - per field

Service 1 per field / 2 year

GMAX testing and written report -per field

Test As requested $________

On-call repair labor - technician Hour As requested $________ On-call repair labor - supervisor Hour As requested $________ Emergency mobilization Each As requested $________ Compatible infill furnished and installed

Pound / Bag As requested $________

Repair materials and subcontracted services

Cost plus ___% As requested Per authorization

*Note: Service locations, response times, repair allowances, frequency, City contacts, and pricing will be finalized before inclusion in agreement.

[TEMPLATE] SERVICE AGREEMENT

*INSERT NAME OF PROJECT OR SERVICE*

This Agreement is made by and between the City of Fremont, a municipal corporation (City), and

________________________ [INSERT FULL LEGAL NAME, I.E., LLC, PARTNERSHIP,

CORPORATION] (Contractor). City and Contractor may be individually referred to as a “party” and collectively as the “parties.”

RECITAL

City requested a proposal from Contractor to provide the services generally including:

_____________________________________________ [INSERT GENERAL DESCRIPTION].

In response, Contractor submitted a proposal, and, after negotiations, agreed to provide the services described in Exhibit A (Scope of Work), in accordance with the schedule included with Exhibit B (Schedule of Performance), and in return for the compensation described in the Agreement and in Exhibit C (Compensation). In reliance upon Contractor’s representations regarding its qualifications, as set forth in its proposal, City finds that Contractor has the requisite qualifications, experience and training to perform the services.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND

CONDITIONS IDENTIFIED HEREIN, THE PARTIES AGREE AS FOLLOWS:

1. SERVICES. Contractor shall perform the services described in Exhibit A (Services) in accordance with the terms and conditions of the Agreement.

2. EXHIBITS. The following marked exhibits are attached and incorporated herein by reference:

“A” Scope of Work

“B” Schedule of Performance

“C” Compensation (Fee Schedule/Price Sheet) “D” Insurance “E” Payment and/or Performance Bond

3. TERM. The Agreement commences on the date last signed by the parties and ends on

_________________, unless terminated earlier or extended as provided in the Agreement.

Option to Renew. City may renew the Agreement for up to ____ additional one-year terms, by providing thirty (30) days advance written notice to Contractor. Compensation for the optional years will be based on the rates and charges included in Exhibit B plus an annual compensation increase equal to the lesser of: (a) four percent (4%) of the rates effective in the preceding term, or (b) the percentage increase in the San Francisco-Oakland-San Jose Consumer Price Index for All Urban Consumers (CPI-U), as last published by the U.S. Dept.

of Labor Statistics prior to the start date of the additional term.

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4. TIME FOR PERFORMANCE. Time is of the essence and Contractor shall perform the Services as required by the Agreement and the timing requirements set forth in Exhibit B. Any Services for which times for performance are not specified shall be commenced and completed in a reasonably prompt and timely manner based upon the circumstances and City direction.

Any request for a time extensions must be sent to City in writing no later than five days after the start of the condition which purportedly caused the delay and not later than by the date on which performance is due. If at any time Contractor determines it is unable to perform the Agreement, it shall immediately notify City in writing no later than five days after learning of its inability to perform, by notifying City’s Authorized Representative and sending a notice per section 21 of the Agreement. All references to “days” or “time periods” in the Agreement shall mean calendar days unless otherwise specified.

5. COMPENSATION. The total not-to-exceed compensation (including any reimbursable expenses) payable to Contractor for the Services identified in Exhibit A shall not exceed _____________ dollars ($ _________) and shall be based on the compensation, billing rates and charges set forth in Exhibit C. Any services for which payment would exceed the total compensation set forth herein shall be at no cost to City. City may authorize additional services for additional compensation only by written agreement signed by the parties.

Billing. To request payment, Contractor must submit monthly invoices identifying the Services performed (including personnel who performed the Services, hours worked, and reimbursable expenses), and the charges based on the rates set forth in Exhibit C. City will verify the charges and pay undisputed invoices within 30 days of receipt. Send invoices to:

Attn: _________________

6. AUTHORIZED REPRESENTATIVES. All regular communication regarding the Services and administration of the Agreement shall be between the parties’ Authorized Representatives designated below. Contractor shall not replace its Authorized Representative, or any of its personnel or subcontractors identified in Exhibit C without City’s prior written consent. All Services shall be performed by, or under the direct supervision of, Contractor’s Authorized Representative. City will notify Contractor if it changes its designation.

City Representative: Contractor Representative:

NAME/TITLE NAME/TITLE

CONTACT INFORMATION CONTACT INFORMATION

7. INFORMATION AND DOCUMENTATION.

7(A). City Confidential and Proprietary Information. In the performance of the Agreement or in contemplation thereof, Contractor may have access to proprietary or confidential information owned or controlled by City, which if disclosed to third parties may be damaging to City. Contractor shall hold all City information in confidence and use it only to perform the

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Services and shall exercise the same standard of care to protect City information as a reasonably prudent Contractor would use to protect its own proprietary and confidential data.

7(B). Contractor’s Records. Contractor shall maintain all accounting records related to the Agreement in their original form in accordance with generally accepted accounting principles and applicable law for the duration of the Agreement plus four (4) years from the date of final payment, including documents which support Contractor’s costs and expenses, such as personnel hired, invoices, payments to vendors, and reimbursable expenses. Such records shall be made available to City upon request.

7(C). Work Product. All original documents prepared by Contractor or its subcontractors related to the Agreement (“Work Product”), in any form or media, whether complete or in progress, shall be the property of City and shall not be disclosed to any third-party without City’s prior written consent. Contractor may keep copies and shall provide the Work Product to City at City’s request or upon completion of the Services.

Subsections 7(A), 7(B) and 7(C) shall survive the expiration or termination of the Agreement.

8. RELATIONSHIP BETWEEN THE PARTIES. Contractor is an independent contractor solely responsible for the acts and omissions of its employees, agents, and subcontractors.

Contractor is not an employee or agent of City and shall have no authority to act for or to bind City to any obligation unless City provides prior written authorization. Contractor is not entitled to any benefit, right, or compensation other than that provided in the Agreement and shall be responsible for payment of all taxes, fees, contributions or charges applicable to Contractor’s business operations and performance of the Agreement. Contractor shall not employ any subcontractors without City’s prior written consent.

9. CONFLICTS OF INTEREST PROHIBITED. Contractor (including its employees, agents, and subcontractor) shall avoid any direct or indirect interest that conflicts with the performance of the Agreement and shall comply with all requirements of the Political Reform Act, including California Government Code §§ 1090 and 81000, et seq., and any other state and local law relating to conflicts of interest, including: (a) Contractor shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant’s economic interest, and (b) if required by law, Contractor shall file financial disclosure forms with the City Clerk. If Contractor maintains or acquires a conflicting interest, any contract with City (including this Agreement) involving Contractor’s conflicting interest may be terminated by City.

10. NONDISCRIMINATION. Contractor shall not engage in discriminatory employment practices related to the Agreement and shall not discriminate against any person (including employees or job applicants) because of race, color, religion, national origin, disability, medical condition, marital status, age, gender, sex, sexual orientation, or other legally protected class. Contractor will include this requirement in any subcontract.

11. LABOR CODE COMPLIANCE AND WAGES. Contractor shall comply with the minimum wage requirements of Fremont Municipal Code, Chapter 5.30. If any of the Services are

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considered a “public works” under California Labor Code § 1720 et seq., Contractor shall comply with all applicable legal requirements, including payment of prevailing wage, retention of certified payroll records, and any other requirements imposed by the Department of Industrial Relations.

12. COMPLIANCE WITH LAW AND STANDARD OF CARE. Contractor shall comply with all applicable federal, state and local laws, codes and regulations, and any duly issued executive orders even if said laws are not expressly stated in the Agreement. Contractor shall be duly licensed, certified, and possess all permits and approvals legally required to perform the Services, which must be kept in effect for the entire contract term at Contractor’s sole cost. All Services shall be performed skillfully, competently, and to the highest standard of care of Contractor’s business, occupation, or trade and consistent with the care exercised by reputable members of Contractor’s occupation performing similar work under similar circumstances to those required herein. All personnel, vendors, and any subcontractors must be supervised to ensure the Services are provided in a professional, courteous, and safe manner. Any person who engages in rude, unsafe, or unprofessional conduct shall not be allowed to work under the Agreement.

13. HAZARDOUS MATERIALS. If the Services require the handling of hazardous materials, this provision applies. Contractor must be certified and current on all required training and shall comply with all laws, regulations and city policies pertaining to the use, handling, transport and disposal of hazardous waste, materials and substances, including City’s Integrated Pest Management Policy (IPM), Stormwater Pollution Prevention Ordinance, and OSHA Hazard Communication Standard (24 CFR 1910.1200).

14. ERRORS AND OMISSIONS. At its sole cost, Contractor shall correct any errors, omissions and defective work and re-perform any Services that do not meet the requirements of the Agreement, upon discovering said errors or receiving notice from City. City shall be reimbursed for any damages and costs caused by said errors, which City may charge as an offset to Contractor’s payment. Contractor is responsible for any damage to public or private property caused by Contractor’s performance or failure to perform, and City may withhold payment as necessary to protect itself from loss or damages. If City is required to remedy any losses, it shall have the right to deduct the cost from Contractor’s payment. This section survives the expiration or termination of the Agreement for a period of twelve months.

15. WARRANTIES. If the Services include the provision of Goods, this section applies.

Contractor warrants that any products, equipment, parts, materials, and goods (Goods) furnished under the Agreement conform to the requirements herein and are new and of merchantable quality, fit for purpose, and free from defects. Any defective Goods shall be replaced or repaired at no cost to City. Said warranties shall be in effect for a period of one year from the date of City’s final payment, unless a longer warranty period is provided, in which case the longer warranty period shall apply (warranty period). During the warranty period, Contractor shall repair or replace any work defects or materials (including damage that arises out of Contractor’s warranty work), except for any wear and tear or damage resulting from City’s negligent use or maintenance. This section survives the expiration or termination of the Agreement for a period of twelve months.

16. CITY BUSINESS TAX. Contractor shall apply for and pay the business tax and registration tax required under the Fremont Municipal Code, Chapter 5.05 and must provide City with written documentation to support any requested waiver of said taxes.

17. REPORTING DAMAGES. If any person is injured or property is damaged in connection with the performance of the Agreement, Contractor shall immediately notify the City’s Risk Manager by telephone at 510-284-4050 and shall promptly submit to the Risk Manager a written report (in a form acceptable to City) with the following information: (a) detailed description of the incident, (b) name and address of the person injured or deceased and of any witnesses, (c) whether any City property was involved, and (d) name and address of Contractor's insurance company.

18. INSURANCE. For the duration of the Agreement, Contractor shall maintain insurance to cover itself, its employees, agents, representatives and subcontractors for the performance of the Agreement and shall comply with the requirements set for in Exhibit D (Insurance Requirements), which identifies the insurance types and minimum levels required for the Agreement.