Bid Notice-Roseville Electric Utility - Cooling Tower Maintenance.pdf

REQUEST FOR PROPOSALS

RFP 07-128

Roseville Electric Utility Cooling Tower Maintenance

DUE: August 5th, 2026

3:00 PM

Deliver to:

City of Roseville Attn: City Clerk Department

311 Vernon Street Roseville, CA 95678

OR

Email: cityclerkroseville@roseville.ca.us

CITY OF ROSEVILLE

NOTICE FOR PROPOSALS

RFP 07-128

NOTICE IS HEREBY GIVEN that proposals for Roseville Electric Utility – Cooling Tower Maintenance

Services will be received by the City of Roseville. Proposals will be accepted ONLY at the office of the City

Clerk, Civic Center, 311 Vernon Street, Roseville, CA, 95678 or submitted via electronic mail to cityclerkroseville@roseville.ca.us, until 3:00 p.m., August 5th, 2026. Said proposals will be evaluated and results will be made public after completion of the negotiation process with the selected consultant. The City reserves the right to reject any or all proposals and to waive any informalities or irregularities in any proposal or in the proposal process.

_____7/7/2026____________ ____________________________ Date Nathan Ribordy Power Generation Superintendent

IMPORTANT!!!

The City is not responsible for misdelivered proposals, and the proposer is strictly liable for its chosen method of delivery. It is the proposer’s sole responsibility to make sure that proposals arrive at the proper location. Any proposal which does not actually arrive in the City Clerk’s Office by the RFP due date and time will be rejected as non-responsive, even if properly addressed or delivered to another City Department.

Your proposal MUST be addressed and delivered as follows:

311 Vernon Street Roseville, CA 95678

The proposer is also directed to include the attached “Sealed Proposal” label on the outside of the package or envelope, so that it is visible when delivered to the City.

Or emailed to:

cityclerkroseville@roseville.ca.us

Note: Email submissions are limited to 25 megabytes.

City of Roseville RFP

PREVAILING WAGE NOTIFICATION

This is a prevailing wage project. Accordingly, all prevailing wage and fair employment laws and regulations shall be adhered to. For prevailing wage contracts over $25,000.00, copies of certified payroll must be submitted with invoices. Prevailing wage rates may be obtained from the Department of Industrial Relations and/or the following website address:

http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm

RFP 07-128, Roseville Electric Utility Cooling Tower Maintenance

TABLE OF CONTENTS

Table of Contents

1.0 INTRODUCTION

2.0 TENTATIVE SCHEDULE

3.0 MANDATORY PRE-PROPOSAL JOB WALK

4.0 SCOPE OF SERVICES

5.0 ASSURANCE OF DESIGNATED PROJECT TEAM

6.0 PROPOSAL FORMAT REQUIREMENTS

7.0 SUBMITTAL INSTRUCTIONS

8.0 EVALUATION CRITERIA

9.0 SELECTION PROCESS

10.0 GENERAL TERMS & CONDITIONS

11.0 ATTACHMENTS

1.0 INTRODUCTION

The City of Roseville (hereinafter “City”), is soliciting proposals for Cooling Tower Maintenance Services. This will be a competitive negotiation process. Qualified individuals, firms, contractors, consultants or entities (hereinafter “Consultant(s)”), that meet the requirements set forth in this Request for Proposals (hereinafter “RFP”), and are capable of providing the services requested are encouraged to participate.

1.1 Background

The City owns and/or operates multiple power plant sites. The primary site is the Roseville Energy Park (hereinafter “REP”) which is a gas-fired 165 MW combined-cycle power generation facility with an additional 2 – GE TM2500 simple cycle turbines, and a zero liquid discharge system. The Roseville Sunset Energy Center (hereinafter “RSEC”) is a gas fired 50 MW simple cycle peaking power plant which has 2 – GE Frame 5, and additional process support equipment.

Power generation operations and maintenance includes work on gas turbines, heat recovery steam generators, a cooling tower, crystallizers, sumps, tanks and other pieces of equipment. The City is seeking proposals from qualified Contractors to provide Cooling Tower Maintenance services.

REP and RPP2 locations are:

Roseville Energy Park 5120 Phillip Road Roseville, CA. 95747

Sunset Energy Center 3955 Thimble Court Placer One, CA 95747

1.2 City Overview

The City of Roseville is an incorporated city with a population of more than 145,000 residents, located in Placer County off of Interstate 80, approximately 16 miles northeast of Sacramento, California. The City of Roseville is a Charter city operating under the City Council/City Manager form of government.

1.3 Proposal Submittal

RFP proposal submittals may be delivered to the Office of the City Clerk, Civic Center, 311 Vernon St., Roseville, CA 95678 via common carrier, hand delivered, or submitted via electronic mail to cityclerkroseville@roseville.ca.us by the specified proposal due date and time. Complete and attach the “Sealed Proposal” label to the outside of the proposal packaging if delivering or hand carrying a hard copy of the proposal, so it is visible to the City Clerk. If submitting a proposal via electronic mail, then include the RFP title and RFP number in the subject line of the email.

1.4 California Secretary of State Registration

The City requires all corporations, limited liability companies and limited partnerships to be registered to do business in the State of California. On a separate Attachment I page, please include a screenshot of your “ACTIVE” status with your proposal submittal, which can be obtained by accessing this link: https://bizfileonline.sos.ca.gov/search/business. All proposers must be registered with the Secretary of State or have a valid exemption by the time of award.

1.5 Instructions

This RFP is exclusively an invitation to submit Proposals for the Roseville Electric Utility Cooling Tower Maintenance services. This RFP shall not be construed as a request or authorization to perform any work. In addition, this RFP does not represent a commitment to purchase, lease, or license any product or software. Any work performed by a Vendor to respond to this RFP will be at the Vendor’s own discretion and expense. The City will not be obligated for any Vendor costs related to this RFP, nor does any Vendor’s work in responding to this RFP bind the City to any obligations. The costs of developing Proposals are entirely the responsibility of the Vendor.

This RFP includes a description of the scope of services, proposal requirements, and instructions for submitting your proposal. Failure to follow these instructions may result in rejection of your proposal.

No oral representations or interpretations will be made to any proposer as to the meaning of this

RFP.

Direct all inquiries regarding this RFP in writing to Steve Hancock by accessing the RFP from the City’s website at:

https://www.roseville.ca.us/business/procurement_services/bids_rfps or through email to sjhancock@roseville.ca.us by no later than 7/24/2026 5:00pm pst.

Do not contact other individuals or City departments in this regard. Information provided by anyone other than the above contact may be invalid and proposals which are submitted in accordance with such information may be declared non-responsive.

In the event that it becomes necessary to revise any part of this RFP, written addenda will be issued. Any amendment to this RFP is valid only if it is in writing and issued by the City department issuing the RFP. No oral interpretations or answers shall bind the City unless confirmed by the City in writing.

All addenda for this RFP will be distributed through PublicPurchase.com to proposers who have registered with PublicPurchase.com and who have downloaded the RFP. Additionally, the Notice of Intent to Award will be posted on PublicPurchase.com. It is the proposer’s sole responsibility to monitor PublicPurchase.com for possible addenda to this RFP and for the Notice of Intent to Award. Failure of proposer to retrieve addenda or the Notice of Intent to Award from PublicPurchase.com shall not relieve him/her of the requirements contained therein or the timelines associated therewith. Additionally, failure of proposer to return a signed addendum, when required, may be cause for rejection of his/her proposal.

2.0 TENTATIVE SCHEDULE

The following represents the tentative schedule for this RFP. Any change in the scheduled dates for the Optional Pre-Proposal Conference, Deadline for Final Questions, or Proposal Submission Deadline will be advertised in the form of an addendum to this RFP. The schedule for the evaluation process and other future dates may be adjusted without notice.

RFP Released by the City……………………………… 7/7/2026 Pre-Proposal Job Walk..……………………………… 7/22/2026 Deadline for Final Questions…………………………... 7/24/2026 City Responses to Written Questions………………….. 7/31/2026 Proposal Submission Deadline………………………… 8/5/2026 Consultant Interviews as needed………………………. TBD Contract Negotiations…………………………………… TBD Contract Approval by City Council……………………. TBD Commencement of Services.…………………………… Est Oct 2026

3.0 MANDATORY PRE-PROPOSAL JOB WALK

A mandatory on-site pre-proposal conference and job walk has been scheduled for July 22nd, 2026 at 9:30am. Prospective proposers are encouraged to pre-register before the job walk date with Steve Hancock at sjhancock@roseville.ca.us by filling out and returning Attachment J – Intent to Attend Pre- Proposal Job Walk. Registrants will be asked to provide the name of the attendee(s), company name, phone number, and email address(es). Pre-registering is not required but does help us plan for the session better.

The conference and job walk will last approximately 1 hour. Attendance will be taken at the beginning of the conference.

Time will be spent in both a conference room and walking the Roseville Energy Park. We will be conscious of the current weather and take breaks as needed.

Closed toed shoes and pants will be required. Hard hats and safety glasses will be provided during the job walk if needed.

The conference and job walk will start and end at:

Roseville Energy Park 5120 Phillip Road Roseville, California

Interested firms will have an opportunity to submit questions regarding the requirements outlined in this RFP. In order to make the meeting more effective for all participants, attendees should read this document thoroughly prior to the meeting.

Substantial clarifications or changes required as a result of the meeting will be issued in the form of a written addendum to the RFP. A list of attendees will be distributed upon request.

4.0 SCOPE OF SERVICES

The scope of services for the Cooling Tower Maintenance contract includes, but is not limited to, the following:

4.1 The contractor shall provide the following maintenance on 3 of 4 cooling tower cells. This maintenance for the 3 cooling tower cells is expected to be completed during our Oct-Nov 2026 planned outage. The cooling tower cells are Marley F488 48’x48’ cells. Maintenance will be based on a prior 3rd party inspection results:

4.1.1 Drift Eliminator Replacement (Per each cell):

4.1.1.1 Remove the existing drift eliminator modules, supports, and air seals and place into disposal bins.

4.1.1.2 Supply and install new high efficiency cellular drift eliminators rated with 0.001% drift factor by the manufacturer.

4.1.1.3 New PVC cellular drift eliminators shall be manufactured from 20 mil (after forming) sheets mechanically assembled into rigid blocks.

4.1.1.4 Eliminator sheets shall be assembled in a three-pass wave form, and each pre-assembled unit shall nest together to form a rigid structure.

4.1.1.5 New drift eliminators shall be installed on existing FRP joists and joists supports.

4.1.1.6 New materials shall be fire retardant fiberglass reinforced plastic (FRP).

4.1.1.7 All connecting hardware shall be 304 stainless steel.

4.1.2 Partition Wall Replacement (Per each cell):

4.1.2.1 Remove the existing partition wall panels and place into disposal bins.

4.1.2.2 Supply and install (1) new fire retardant 4.2 corrugated fiberglass wall panel on

(1) side of posts.

4.1.2.3 New wall panel shall be secured to the existing structure with stainless steel screws backed with a neoprene washer.

4.1.2.4 New materials shall be fire retardant fiberglass reinforced plastic (FRP).

4.1.2.5 All connecting hardware shall be 304 stainless steel.

4.1.3 Fill Replacement (Per each cell):

4.1.3.1 Remove the existing fill and place into disposal bins.

4.1.3.2 Supply and install of new film-pack, cellular fill.

4.1.3.3 New fill shall be manufactured from 10 mil (after forming) PVC sheets mechanically assembled into rigid blocks. Film sheets shall be assembled in an offset flute design to provide resistance to fouling.

4.1.3.4 New materials shall be fire retardant fiberglass reinforced plastic (FRP).

4.2 Annual Inspections and Repairs of the Cooling Tower with 4 Cells:

4.2.1 Contractor will provide an annual cooling tower inspection scheduled each year with City of Roseville staff.

4.2.2 If issues needing to be repaired are identified, the contractor will provide a quote for repair of the identified issues for approval to perform the repairs.

4.3 Additional Maintenance as Requested:

4.3.1 Contractor will provide additional maintenance services as requested by the City of

Roseville for the cooling towers.

4.4 Safety and Compliance:

4.4.1 Contractor shall adhere to all relevant safety regulations, protocols, and standards during on-site activities.

4.4.2 Contractor shall provide necessary personal protective equipment (PPE) to their team members.

4.5 Multiyear Agreements

The initial contract will be from date of award through five (5) years with a Not To Exceed amount. The Vendor(s) receiving the contract award for the initial contract will retain that contract award throughout the life of the contract.

The contract will be awarded based on the prices determined through the initial contract negotiation process. The City is willing to re-negotiate pricing (increases and/or decreases) based on market fluctuations. The pricing will be evaluated based on what the City deems to be fair and reasonable pricing. Any requests made by the Vendor for a price increase must be fully documented utilizing an appropriate Consumer or Producer Price Index or other relevant market data to justify a price change. In its request for price increases Vendor shall cite sources, specific conditions, and document how those conditions affect the cost. The City of Roseville is also willing to re-negotiate pricing if it is affected by catastrophic circumstances (example:

unforeseen national/world crisis or acts of God).

Price adjustments will not be automatic. They must be mutually agreed upon by both the City and the Vendor. The City will review the proposed pricing and determine if it is allowable, fair, reasonable, and in the best interest of the City to modify the agreement.

5.0 ASSURANCE OF DESIGNATED PROJECT TEAM

Proposer shall assure that the designated project team, including sub-consultants or sub-contractors (if any), is used for this project. Departure or reassignment of, or substitution for, any member of the designated project team, sub-consultant(s) or sub-contractor(s) shall not be made without the prior written approval of the City.

6.0 PROPOSAL FORMAT REQUIREMENTS

Each response to this RFP shall include the information described in this section. Provide the information in the specified order. Failure to include all of the information specified may be cause for rejection. Additional information may be provided, but should be succinct and relevant to the goals of this RFP. Any additional information that a proposing Consultant wishes to include that is not specifically requested should be included in an appendix to the proposal.

Consultants are encouraged to keep the proposals brief and to the point, but sufficiently detailed to allow evaluation of the project approach. Unauthorized conditions, omissions, limitations or provisions attached to a proposal may render the proposal non-responsive and may cause its rejection.

Proposers are warned against making erasures or alterations of any kind, without initialing each and every such change. Proposals that contain erasures or irregularities of any kind, without such initialing, or omissions, may be rejected.

If provided via regular mail, the proposal should be bound or contained in a loose leaf binder.

Document pages shall be 8-1/2 inches by 11 inches in size or folded to such a size. Use section dividers, tabbed in accordance with this section as specified below.

6.1 Cover Letter

A Cover Letter must be included with the following information:

• Title of this RFP

• Name and Mailing Address of Firm (include physical location if mailing address is a PO

Box)

• Contact Person, Telephone Number, Fax Number, and Email Address

• A statement that the submitting Consultant will perform the services and adhere to the requirements described in this RFP, including any addenda (reference the addenda by date and/or number).

6.2 Signature Requirements

The attached Proposer’s Certification (Attachment A) shall be executed by an official(s) legally authorized to bind the Consultant which states that the proposal is valid for ninety (90) days.

Include the executed copy of the Proposer’s Certification under Tab G. Note: This is ninety (90) days following the closing date for the receipt of all proposals.

• Proposals submitted on behalf of a Partnership shall be signed in the firm name by a partner or the Attorney-in-Fact. If signed by the Attorney-in-Fact, there shall be attached to the proposal a Power-of-Attorney evidencing authority to sign proposals, dated the same date as the proposal and executed by all partners of the firm.

• Proposals which are submitted on behalf of a Corporation shall have the correct corporate name thereon and the actual signature of the authorized officer of the corporation written (not typed) below the corporate name. The title of the office held by the person signing for the corporation shall appear below the signature of the officer.

• Proposals which are submitted on behalf of a Limited Liability Company (“LLC”) shall be signed by the person or persons authorized to bind the LLC under the LLC’s articles of organization.

• Proposals which are submitted by an Individual Doing Business under a firm name (“dba”) shall be signed in the name of the individual doing business under the proper firm name and style.

6.3 TAB A: Firm’s Qualifications

Describe your firm and provide a statement of your firm's qualifications for performing the requested services. Identify the services which would be completed by your firm's staff and those that would be provided by sub-consultants or sub-contractors, if any. Identify any sub-consultants or sub-contractors you propose to utilize to supplement your firm’s staff. Include the firm’s organizational chart, including its constituent parts, and size variation of staffing levels in the past five (5) years.

6.4 TAB B: Experience and References

Provide a summary of your firm’s experience in providing these or similar services. Provide a minimum of three (3) references for projects or services similar in nature and scope that your firm’s team members have completed in the last five (5) years. Include brief descriptions of the projects, dates, client names and contact persons’ names, addresses and telephone numbers. Public sector references are preferred.

6.5 TAB C: Qualifications of Team

Provide a brief summary of the role, qualifications and experience of primary team members and designated project manager/lead assigned to this project, including length of service with the firm and the qualifications/experience of any sub-consultant or sub-contractor staff on your project team.

A project team organizational diagram and brief resume of each team member and the designated project manager/lead for each applicable category shall be included. The geographic location of the firm and key personnel shall also be identified. Any proposed sub-consultants or sub-contractors shall be listed. Include sub-consultant’s and sub-contractor’s assigned task(s) and experience. Full resumes may be included in the appendix.

6.6 TAB D: Project Understanding

Based on the available information, supplemental research, field observations, and experience with similar projects, provide a narrative describing your understanding of the services requested in this RFP, your general approach and any major challenges to achieving the City’s stated goals.

Include any issues that you believe will require special consideration for this project. Also identify any unique approaches or strengths that your firm may have related to this project. City staff will assess your understanding of all aspects of the project based on the overview.

6.7 TAB E: Project Management

Provide a detailed discussion of your firm’s approach to the successful implementation of this effort. Include thorough discussions of methodologies you believe are essential to accomplishing this project. Include how your organization manages customers on a high customer management level and also how you manage individual efforts of work for successful and safe completion.

Identify the staff / types of staff who would be assigned to each task, including sub-consultants and sub-contractors. List any necessary equipment, training or installation services required for standard work efforts.

6.8 TAB F: Cost Proposal

Provide a cost proposal for the specific cleaning of the 3 cells based on the scope provided. Also include a schedule of hourly rates for all staff along with rates for any specific equipment which may be utilized for any additional maintenance requested during the 5 year agreement. Break out the rates by date periods for any rate changes if there are planned increases during the 5 year agreement. Define any additional reimbursable expenses that may be requested to be paid by the City.

6.9 TAB G: Required Statements/Documents

Include statements of assurance regarding the following requirements in the proposal:

• Non-substitution for the designated members of the team without approval by City staff

(Section 5.0)

• The absence of a conflict of interest (Section 10.4)

• Indicate your ability and agreement to fulfill the indemnification and insurance requirements contained in the sample contract (Section 10.7). (Please note that actual certificates of insurance are not required as part of your submittal.)

• A statement that nothing contained in the submitted proposal will be proprietary.

(Section 10.23)

Submit the following documents with proposal:

• Proof of registration with California Secretary of State. Note: All proposers must be registered with the Secretary of State or have a valid exemption by the time of award.

• Executed copy of Proposer’s Certification (Attachment A)

• Levine Act Disclosure Statement Form (Attachment B)

• Applicable Licenses (Attachment C)

• Subcontractor List (Attachment D)

• Executed copy of Non-collusion Declaration (Attachment F)

6.10 TAB H: Exceptions

Describe any and all proposed exceptions, alterations or amendments to the Scope of Services or other requirements of this RFP, including the Sample Contract (Attachment E). The nature and scope of your proposed exceptions may negatively affect the evaluation of your submittal and the City’s determination of whether it is possible to successfully negotiate a contract with your firm.

6.11 TAB I: Competency of Proposers

The City wants to ensure that the successful Consultants has the necessary facilities, ability, experience, and financial resources to provide the services specified herein in a satisfactory and timely manner. Please list and explain any pending bankruptcies, liens, stop payment notices, judgments, lawsuits, arbitrations, mediations, foreclosures, and any similar actions filed or resolved in the past seven (7) years. Please indicate whether a client has ever terminated a contract with your firm for breach, and if so, please explain.

7.0 SUBMITTAL INSTRUCTIONS

7.1 Your submittal package shall include the following:

• One (1) original and four (4) printed copies of your proposal; and

• One (1) electronic copy of your proposal in PDF format on CD, flash drive or other electronic media

OR

If submitting your proposal via electronic mail, then send one (1) copy of the proposal to cityclerkroseville@roseville.ca.us. The file size limit is 25 megabytes.

7.2 Proposals shall be submitted not later than the time and date indicated on the cover page of this

RFP. If mailing the proposal, then it shall be submitted in a sealed envelope or container and clearly marked with the RFP title on the outside of the parcel. Complete and attach the “Sealed Proposal” label (Attachment E) to the outside of the envelope or package containing your proposal.

7.3 If submitting electronically to cityclerkroseville@roseville.ca.us, please keep attachments under

25mb and do not include a compressed file (zip, rar, etc) as these may not be properly delivered.

Once the email is sent with the proposal attached, please send an additional email to the same email address with no attachments letting the City Clerk know that the proposal was sent in a separate email. This will allow the City Clerk to confirm if the proposal email with attachments was received or not to help avoid emails and/or attachments being blocked and the City Clerk not knowing they were potentially blocked.

7.4 If submitting electronically, please include “RFP 07-128” at a minimum in all email subject line correspondence.

7.5 Proposals shall be delivered to:

311 Vernon Street Roseville, CA 95678

Or electronically mailed to: cityclerkroseville@roseville.ca.us

7.6 The City shall not be responsible for proposals delivered to a person or location other than that specified herein.

7.7 Postmarks will not be accepted and proposals received after the deadline date and time will not be accepted or considered. No exceptions.

7.8 The City reserves the right to waive minor defects and/or irregularities in proposals, and shall be the sole judge of the materiality of any such defect or irregularity.

7.9 All costs associated with proposal preparation shall be borne by the proposer.

8.0 EVALUATION CRITERIA

The following evaluation criteria and rating schedule will be used to determine the most highly qualified firm(s).

Evaluation Criteria Maximum

Points Possible A. Experience and qualifications of firm and proposed staff/sub-consultants/sub-contractors (per Sections 6.3 - 6.5) 25

B. Understanding of the Project – Proposed Project Plan (per Section 6.6 – 6.7) 35

C. Proposed Cost (per Section 6.8) 40

Total Possible Points: 100

9.0 SELECTION PROCESS

9.1 Award of the RFP shall be made to the responsible proposer whose proposal is determined, through a formal evaluation panel process, to be the most advantageous to the City after the evaluation panel has taken into consideration the evaluation factors set forth in the RFP. A master averaged score sheet shall be created based on the evaluation panel’s initial evaluation.

Proposals shall be scored according to the criteria stated in the RFP.

9.2 Proposals submitted will be reviewed by a selection committee. Consultants that have submitted the best and most complete proposals may be invited to an interview. The number of Consultants invited to an interview may vary depending upon the number of proposals submitted.

9.3 Should the City elect to conduct interviews with any proposers, the following criteria shall be considered and each proposer ranked by the evaluation panel during the interview process: a) Quality of presentation, b) Ability to meet the City’s business goals, c) Communication style.

9.4 The City reserves the right to make a selection after review of the proposals without oral interviews;

therefore, the proposal should be submitted initially on the most favorable terms that the Consultant might propose.

9.5 A contract will be negotiated with the Consultant considered best meeting the City’s need for this project. In the event a mutually satisfactory contract cannot be negotiated with the City’s first choice, negotiations may be terminated and commenced with the Consultant considered next best in meeting the City’s needs for this particular project.

9.6 The selected Consultant will be required to execute a City prepared contract. The contract may further refine the scope of services and will provide for the terms and conditions of employment.

9.7 The award of any contract is expressly contingent upon City Council approval and the availability of funds. City staff may not legally bind the City to a contract.

9.8 The City reserves the right to reject any or all proposals, or to waive minor irregularities in said proposals, or to negotiate minor deviations with the successful Consultant(s). In the case of differences between written words and figures in a proposal, the amount stated in written words shall govern. In the case of a difference in unit price versus the extended figure, the unit price shall govern.

9.9 The City reserves the right to seek clarification on any or all proposal submittals to ensure the

RFP specifications are met. Proposals may be rejected from any proposer who does not comply with the City’s request for clarification.

9.10 Once a decision has been made to award the contract, then a formal notice of the intent to award to the recommended proposer(s) shall be made by the Department.

9.11 A City of Roseville business license as well as all applicable permits, licenses and certifications required by local, state or federal law are required before the award of contract.

10.0 GENERAL TERMS & CONDITIONS

10.1 Standard Contract

Upon completion of the evaluation and recommendation for award, the selected Consultant will be required to execute an agreement prepared by the City, a sample of which is included as Attachment E.

10.2 Independent Contractor

At all times the Consultant shall represent himself/herself to be an independent contractor offering such services to the general public and shall not represent himself/herself, or his/her employees, to be an employee of the City. Therefore, the Consultant shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers’ compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save, and hold the City, its officers, agents, and employees, harmless from and against, any and all loss, cost (including attorneys’ fees), and damage of any kind related to such matters.

10.3 Non-Appropriation

The City may terminate any resulting contract at the end of any fiscal year, June 30th, without further liability other than payment of debt incurred during such fiscal year, should funds not be appropriated by its governing body to continue services for which the contract was intended.

10.4 Conflict of Interest

The Consultant shall warrant that no official or employee of the City has an interest, has been employed or retained to solicit or aid in the procuring of the resulting contract, nor that any such person will be employed in the performance of such contract without immediate divulgence of such fact to the City. Consultants submitting a proposal in response to this RFP must disclose any actual, apparent, direct, indirect, or potential conflicts of interest that may exist with respect to the Consultant or the Consultant’s management or employees relative to the services to be provided to the City. Conflict of interest issues may require consultation with legal counsel. If a Consultant has no conflicts of interest, a statement to that effect must be included in the proposal.

Violation of this section shall be a material breach of the contract entitling the City to any and all remedies by law or in equity.

10.5 Undue Influence

The Consultant shall warrant via an executed Proposer’s Certification (Attachment A) that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award or terms of the contract that will be executed as a result of this RFP, including any method of coercion, confidential financial arrangement or financial inducement. No officer or employee of the City shall receive compensation, directly or indirectly, from the Consultant, or from any officer, employee or agent of the Consultant, in connection with the award of the contract or any work to be conducted as a result of this RFP.

Violation of this section shall be a material breach of the contract entitling the City to any and all remedies by law or in equity.

10.6 Non-Collusion

Consultant submitting proposals shall warrant via an executed Proposer’s Certification (Attachment A) that their offer is made without any previous understanding, agreement or connection with any person, firm or corporation submitting a separate proposal for the same project and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. This condition shall not apply to proposals which are submitted by firms who have partnered with others to submit a cooperative proposal that clearly identifies a primary consultant and the associated sub-consultants or sub-contractors. Proposers shall also submit a properly completed and executed “Non-collusion Declaration” which is attached as Attachment F.

Additionally, the Contractor shall provide a completed Levine Act Disclosure Statement Form (Attachment B). A party to a proceeding before an agency involving a license, permit, or other entitlement for use, including contracts not competitively bid and awarded to the lowest responsible bidder with a responsive bid shall disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party's agent to a City official/campaign. (Gov. Code, § 84308.) For additional information:

https://www.roseville.ca.us/government/departments/city_clerk/transparency/levine_act.

10.7 Indemnification & Insurance Requirements

The City’s standard indemnification and insurance requirements are provided in the sample contract, included in Attachment E. All costs of complying with the insurance requirements shall be as included in your pricing. The selected Consultant shall provide complete and valid insurance certificates within ten (10) days of the City’s written request. Failure to provide the documents within the time stated may result in rejection of the Consultant’s proposal. If a proposer takes exception to the indemnification and insurance requirements, then the nature and scope of the proposed exceptions may negatively affect the evaluation of that proposer’s submittal and the City’s determination of whether it is possible to successfully negotiate a contract with that firm. Submitting exceptions are at the proposer’s own risk.

10.8 Cost of Preparing Proposal

The City will not pay any costs incurred by any Consultant in preparing or submitting a proposal in response to this RFP.

10.9 Proposals Property of the City

All documents or materials submitted with or in conjunction with any proposal, including but not limited to electronic files, shall become the property of the City after the proposal submission deadline. No submission documents will be returned. During negotiations, the scope of services may be amended by the City and negotiated based upon ideas provided by other proposers or any other source.

10.10 Proposals are Public Records

All proposals submitted are subject to the public disclosure requirements under the laws of the State of California, unless the City identifies and exercises a right or obligation to exempt any record from public disclosure. However, proposals will not be disclosed until negotiations are complete and a recommendation for selection and award is made.

10.11 Protests

(a) Protest Requirements

(1) Any proposer who is aggrieved in connection with the solicitation or award of a contract may file a protest with the City Clerk’s office. The protest must be received in writing by the City Clerk’s office within seven (7) calendar days after such aggrieved proposer 1) knows or should have known of the facts giving rise thereto or 2) the date of the notice of intent to award, whichever is sooner. In no event shall a protest be allowed after an award has been made by City Council. If the seventh calendar day falls on a weekend or City holiday, the protesting party may submit the protest prior to close of business on the first business day following such weekend or holiday. Failure to submit a timely protest shall bar consideration of a protest.

(b) Grounds for Protest

(1) The alleged grounds for protest shall be limited to the following: (a) computation errors, (b) violations of local, state, or federal law, or (c) the City failed to follow the procedures specified in this Policy.

(2) The protest shall state all grounds claimed for the protest and include supporting documentation. Failure to clearly state the grounds for the protest and provide supporting documentation shall be deemed a waiver of all protest rights.

(c) Administrative Review

Upon receipt of the protest and after determining the protest was properly filed, the Department Director shall provide a copy of the protest to other proposers who might become aggrieved as a result of the protest and issue a written decision within fourteen (14) calendar days after receipt of the protest. The protest will be evaluated by the Department Director, the City Attorney’s Office, and the Purchasing Manager. The protesting proposer shall promptly provide any information requested by City staff as part of such investigation.

The decision shall either deny or uphold the protest and include reasons for the decision. The written decision shall be final.

(d) Stay of Action During a Protest

In the event a protest is filed under Section 10.11, the City shall not proceed further with the award of the contract until the protest is resolved, unless:

(1) The City Manager or designee makes a determination that the award of the contract without delay is necessary to protect a substantial interest of the City, or

(2) The City decides to reject all proposals and issue a new RFP.

10.12 Rejection of RFP

The City reserves the right to reject any or all proposals, to waive defects or irregularities in any proposal or in the RFP process, and to offer to negotiate or contract with any Consultant in response to any RFP. This RFP does not constitute any form of offer to contract.

10.13 Multiple Awards

The City reserves the right to award the contract to multiple contractors when applicable.

10.14 Increasing/Decreasing Portions of RFP

The City reserves the right to increase or decrease the amount of any portions of the work represented in the RFP and/or to omit portions of said work, as may be deemed necessary by the City.

10.15 Rejection as Non-Responsive

Proposals may be rejected as non-responsive at the City’s sole discretion if there are alterations of form, the proposal is conditional or the proposal is incomplete.

10.16 Modifying RFP

The City reserves the right to modify any portion of, or to postpone or cancel this RFP at any time, and/or reject any and all submissions without indicating any reason.

10.17 If no proposal is accepted:

The City may elect to have the services performed in some other manner.

10.18 Rejecting Team Members, Firms or Sub-consultants

The City reserves the right to reject individual team members, firms, sub-consultants or sub-contractors and request substitution prior to contract award.

10.19 Local Business, Small Business, Minority and Women Owned Business

Although no preferences will be given, the City highly encourages submission of proposals by local businesses, by small business owners, and by minority and women-owned businesses

10.20 Withdrawal of Proposals

Proposals may be withdrawn prior to the date and time specified for proposal submission with a formal written notice by an authorized representative of the proposer delivered to the City Clerk’s Office. Proposals submitted will become property of the City after the proposal submission deadline.

Proposals may not be withdrawn for ninety (90) days after the due date unless the City enters into a contract with another Consultant prior to the expiration of that ninety (90) day period.

10.21 Prohibited Transmittals

No telephone or facsimile proposals will be accepted. If a photocopy is submitted, the proposal must be signed in ink.

10.22 Proposal Postponement and Amendment

The City reserves the right to revise or amend the RFP or specifications up to the time set for opening of the proposals. Such revisions and amendments, if any, shall be announced by amendments to this RFP through the City’s web site. Copies of such amendments shall be furnished to all prospective proposers. Prospective proposers are defined as those proposers who have registered and are on the City’s RFP list for this service. If revisions and amendments require changes in quantities, prices or scope of services, the date set for opening of the proposals may be postponed by such number of days as in the opinion of the City shall enable proposers to revise their proposals. Proposals which fail to acknowledge a substantive addendum to the RFP, as determined by the City Attorney’s Office, on the City supplied addendum form will be rejected as non-responsive. Any revisions or amendments to the RFP will become incorporated into any contract awarded pursuant to the RFP.

10.23 Proprietary Information

Proposers submitting a proposal in response to this RFP must provide a statement that nothing contained in the submitted proposal will be proprietary. However, if a proposer desires to claim a privilege against public disclosure for a trade secret or other proprietary information, such information must be submitted with the proposal in a separate envelope marked “confidential.”

The City Attorney’s Office will determine if the information is in fact proprietary, based on state and federal law. Note that under California law, a price proposal to a public agency is not a trade secret. The Consultant 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.

10.24 Right to Request Additional Information

During the evaluation process, the City reserves the right, where it may serve the best interests of the City, to request additional information and clarifications from proposers. Such information will be requested in writing to the specific proposer. This information will become a part of the original proposal submitted by the specific proposer and will be used by the City in evaluating the proposal and will not be shared with other proposers during the evaluation and negotiation process.

10.25 Modification of Proposals

Modification of a proposal already received will be considered only if the modification is received prior to the deadline date for receiving proposals. All modifications shall be made in writing, executed, and submitted in the same form and manner as the original proposal.

10.26 Examination of Contract Documents

Each proposer shall thoroughly examine and be familiar with the terms of this RFP, the sample contract attached as Attachment E, legal and procedural documents, general conditions, specifications, and addenda (if any), which will constitute the contract documents. Submission of a proposal shall constitute acknowledgement, upon which the City may rely, that the proposer has thoroughly examined and is familiar with the contract documents. Failure or neglect of a proposer to receive or examine any of the contract documents shall in no way relieve the proposer of any obligation with respect to their proposal or to the contract. No claim for additional compensation will be allowed which is based upon lack of knowledge of any contract document.

10.27 Non-Discrimination

The City maintains various policies related to contractual service providers. Among these is an anti-discrimination policy, which requires that the City’s contractors not discriminate in hiring on the basis of gender, race, religion, sexual orientation, medical condition, and all other categories protected by law. Upon acceptance of a proposal, the City may request that the selected Consultant sign a statement affirming its compliance with this policy.

10.28 No Assignment or Modifications

This awarded contract is to be binding on the successors and assigns of the parties hereto. The services called for herein are deemed unique and except as provided herein Consultant shall not assign, transfer, subcontract, or otherwise substitute its interest in the agreement or any of its obligations herein without the written consent of the City. The Agreement may be modified only by a written amendment signed by the parties.

10.29 Bankruptcy

Upon filing for any bankruptcy or insolvency proceeding whether voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors, the Consultant must notify the City immediately. Upon learning the actions herein identified, the City reserves the right, at its sole discretion, to cancel the contract.

10.30 Debarment

Consultant certifies that Consultant, its employees, directors, officers, agents, subcontractors, vendors, consultants, and volunteers are not presently debarred, excluded, suspended, declared ineligible, voluntarily excluded, or proposed for debarment, exclusion, suspension or ineligibility by any federal, state, or local department or agency.

11.0 ATTACHMENTS

Index of Attachments Included in this RFP Below:

Attachment A: Proposer’s Certificate

Attachment B: Levine Act Disclosure Statement Attachment C: Contractor Licenses Attachment D: Subcontractor List Attachment E: Sample Contract Attachment F: Non-collusion Declaration Attachment G: Assembly Bill No 626 Attachment H: Proposal Seal Attachment K: Prior Cooling Tower Inspection Example

Attachments to be Provided by Vendor:

Attachment I: California Secretary of State Registration Attachment J: Intent to Attend Pre-Proposal Job Walk

Attachment A

PROPOSER’S CERTIFICATION

I hereby propose to furnish the goods or services specified in the Request for Proposals (“RFP”). I agree that my proposal will remain firm for a period of up to ninety (90) days in order to allow the City of Roseville (“City”) adequate time to evaluate the qualifications submitted.

I have carefully examined the Request for Proposals and any other documents accompanying or made a part of this RFP. The information contained in this proposal is true and correct to the best of my knowledge and is signed under penalty of perjury under the laws of the State of California. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its authorized agent and that the firm is ready, willing and able to perform if awarded the contract.

I further certify that this proposal is made without prior understanding, agreement, connection, discussion, or conspiracy with any other person, firm or corporation submitting a proposal for the same product or service;

that this proposal is fair and made without outside control, collusion, fraud or illegal action; that no officer, employee or agent of the City or any other proposer is financially interested in said proposal; that no undue influence or pressure was used against or in concert with any officer, employee or agent of the City in connection with the award or terms of the contract that will be executed as a result of this RFP; and that the undersigned executed this Proposer’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

NAME OF BUSINESS

SIGNATURE

NAME & TITLE, TYPED OR PRINTED

MAILING ADDRESS

TELEPHONE NUMBER

EMAIL

Type of Organization:

____ Sole Proprietorship ____ Corporation ____ State of Incorporation

________ Partnership ____Limited Liability Company

Attachment B

LEVINE ACT DISCLOSURE STATEMENT

(The completed form submitted to the City of Roseville is a public record.)

California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any “Officer” (elected or appointed officer, any alternate thereto, and any candidate for elective office) from participating in any consideration or action related to a proceeding if they receive political contribution(s) from a party, or its agent(s), totaling more than $250 within the previous twelve (12) months, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding concerning a license, permit, other entitlement for use, franchise, or contract (collectively “license, permit, or contract”). For additional information:

https://www.roseville.ca.us/government/departments/city_clerk/transparency/levine_act.

City Officers are listed at the following sites:

• The Members of City Council - https://www.roseville.ca.us/government/city_council/meet_council

• Boards & Commission Members - https://www.roseville.ca.us/government/boards_commissions

Parties and their Agents are responsible for reviewing and disclosing their applicable contributions to City Officers on the record of a proceeding.

1. Have you or your entity, or any agent on behalf of you or your entity, made any political contribution(s) totaling more than $250 to any City Officer in the twelve (12) months preceding the date of the submission of your license, permit, or contract, or the anticipated date of any City Council, Board, or Commission consideration or action related to this license, permit, or contract?

YES _____ NO _____

If yes, please identify the City Officer(s):________________________________________________________________________________

2. Do you or your entity, or any agent on behalf of you or your entity, anticipate or plan to make any political contribution(s) totaling more than $250 to any City Officer in the twelve (12) months following any City Council, Board, or Commission consideration or action related to this license, permit, or contract?

YES _____ NO _____

If yes, please identify the City Officer(s):_______________________________________________________________________________

Answering yes to either of the two questions above does not…