REQUEST FOR PROPOSALS

RFP (13-198)

Soccer Field Turf Renovations

DUE: 8/6/26

By 3:00 PM

Deliver to:

City of Roseville Attn: City Clerk Department

311 Vernon Street Roseville, CA 95678

OR

Email: cityclerkroseville@roseville.ca.us

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:

City of Roseville Attn: City Clerk Department

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 13-198, Soccer Field Turf Renovations)

TABLE OF CONTENTS

SECTION Page

1.0 INTRODUCTION 4

2.0 TENTATIVE PROJECT SCHEDULE 5

3.0 SCOPE OF SERVICES

4.0 ASSURANCE OF DESIGNATED PROJECT TEAM

5.0 PROPOSAL FORMAT REQUIREMENTS

6.0 SUBMITTAL INSTRUCTIONS

7.0 EVALUATION CRITERIA

8.0 SELECTION PROCESS

9.0 GENERAL TERMS AND CONDITIONS 11

10.0 ATTACHMENTS

SAMPLE CONTRACT 16

PROPOSER’S CERTIFICATION 26

CONTRACTOR LICENSES 27

SUBCONTRACTOR LIST 28

NON-COLLUSION DECLARATION 30

ASSEMBLY BILL 626 31

EXHIBITA 35

EXHIBIT B 36

1.0 INTRODUCTION

The City of Roseville (hereinafter “City”), is soliciting proposals for Soccer Field Turf Renovation Projects.

This will be a competitive negotiation process. Qualified individuals, firms, contractors, consultants or entities (hereinafter “Contractor(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 CITY OVERVIEW

The City of Roseville is an incorporated city with a population of more than 145,000 residents, located in Placer County off 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.

1.2 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.

1.3 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 sheet of paper, 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.

1.4 INSTRUCTIONS

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 Parks Division by accessing the RFP from the City’s website at: https://www.roseville.ca.gov/business/procurement_services/bids_rfps.php by no later than July 31, 2026.

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. 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……………………………… 7/23/26 Deadline for Final Questions…………………………… 7/31/26 City Responses to Written Questions…………………... 8/3/26 Proposal Submission Deadline…………………………. 8/6/26 Contract Negotiations…………………………………… 8/10-8/11/26 Contract Approval by City Council……………………. 9/2/26 Commencement of Services.……………………………. 9/3/26

3.0 SCOPE OF SERVICES

The City is seeking a qualified contractor that specializes in the renovation of natural turf grass sports fields. The existing tall fescue grass fields will be renovated. Renovation shall include all demolition, ground preparation, off hauling all spoils and old turf, soil amendments (if needed), tilling, grading to achieve a minimum 1% slope, and laying new large roll sod. Contractor will repair any irrigation damaged during work, ensure all irrigation heads are adjusted to grade, and perform a system check to make sure all irrigation is operational and functioning appropriately prior to establishment. Proposers are being asked to provide a detailed scope of work plan including methods and specifications for the renovation based on their best practices and expertise, as demonstrated from previous projects of a similar scope. Include a per square foot cost in proposal.

The City is requesting a desired Rhizomatous Fescue/Bluegrass blend grass variety or approved equal, such that it is a sterile hybrid, rated highly in the NTEP (National Turfgrass Evaluation Program) trials for wear tolerance, cold hardiness, high traffic tolerance, brown spot tolerance, and exceptional visual quality.

This will include establishment by City staff under the guidance and recommendations of the selected contractor. City will provide construction fencing for the project.

The first phase of this project will include two soccer fields, located at the following addresses:

Hughes Park 1600 Parkside Way. A site plan is provided herein, see “Exhibit A”.

Lockridge Park 2601 Eureka Road. A site plan is provided herein, see “Exhibit B”.

Our intent is to complete a couple fields a year, assuming budget approval after this project. The soccer field renovation project shall commence fall of 2026 (contract award is anticipated in September 2026) and must be completed by the end of this growing season, such that it may be open to the public and ready for programmed league use on mid spring.

4.0 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.

5.0 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 Contractor wishes to include that is not specifically requested should be included in an appendix to the proposal.

Contractors 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.

5.1 Cover Letter 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 Contractor will perform the services and adhere to the requirements described in this RFP, including any addenda (reference the addenda by date and/or number).

5.2 Signature Requirements - The attached Proposer’s Certification (Attachment B) shall be executed by an official(s) legally authorized to bind the Contractor 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.

5.3 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.

5.4 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.

5.5 TAB C: Qualifications of Team – Provide a brief summary of the role, qualifications and experience of each team member 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.

5.6 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.

5.7 TAB E: Project Plan – Provide a detailed discussion of your firm’s approach to the successful implementation of this project. Include thorough discussions of methodologies you believe are essential to accomplishing this project. Include a proposed work schedule to accomplish all of the required tasks within the desired timeline. Identify the staff who would be assigned to each task, including sub-consultants and sub-contractors. List any necessary equipment, training or installation services required.

5.8 TAB F: Cost Proposal – Provide a total cost proposal for all products and services to be delivered, and a breakdown of costs delineated by tasks as described in your project plan. Include a schedule of hourly rates for all proposed staff and the amount of time each person will be devoted to this project.

Define any reimbursable expenses requested to be paid by the City.

5.9 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 B)

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

• Contractor Licenses (Attachment C)

• Subcontractor List (Attachment D)

5.10 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 A).

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.

5.11 TAB I: Competency of Proposers – The City wants to ensure that the successful Contractor 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. Also, furnish a statement of financial resources demonstrating that the Contractor has the ability to maintain a staff of regular employees, sub-consultants or sub-contractors adequate to ensure continuous performance of work, and demonstrating that the equipment for the work contemplated is sufficient, adequate and suitable.

6.0 SUBMITTAL INSTRUCTIONS

6.1 Your submittal package shall include the following:

If mailing, the below guidelines apply.

• One (1) original of your proposal; and

• One (1) electronic copy of your proposal in PDF format on a 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.

6.2 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 to the outside of the envelope or package containing your proposal.

6.3 Proposals shall be delivered to:

City of Roseville Attn: City Clerk Department 311 Vernon Street

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

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

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

6.6 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.

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

6.8 Department of Industrial Relations Contractor Registration: No contractor or subcontractor may be listed on a proposal for or work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor shall provide proof of current registration with the Department of Industrial Relations for both itself and all listed subcontractors with their proposal. The Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

7.0 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 5.3 - 5.5) 35

B. Understanding of the Project – Proposed Project Plan (per Section 5.6 – 5.7) 35

C. Proposed Cost (per Section 5.8) 30

Total Possible Points: 100

8.0 SELECTION PROCESS

8.1 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 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.

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

8.3 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.

8.4 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 Contractor might propose.

8.5 A contract will be negotiated with the Contractor 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 Contractor considered next best in meeting the City’s needs for this particular project.

8.6 The selected Contractor 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.

8.7 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.

8.8 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 Contractor(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.

8.9 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.

8.10 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.

8.11 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.

9.0 GENERAL TERMS & CONDITIONS

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

9.2 Independent Contractor. At all times the Contractor 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 Contractor 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.

9.3 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.

9.4 Conflict of Interest. The Contractor 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. Contractors 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 Contractor or the Contractor’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 Contractor 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.

Undue Influence. The Contractor shall warrant via an executed Proposer’s Certification (Attachment B) 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 Contractor, or from any officer, employee or agent of the Contractor, 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.

(Note, if applicable, the selected Contractor(s) shall provide a completed Levine Act Disclosure Statement Form prior to contract award – this is not a required document for the RFP, but it is the Contractor’s responsibility under the Levine Act to disclose such a contribution in the record prior to consideration by a City Official to whom a contribution has been made. A party to a pending discretionarily awarded contract shall disclose on the record of the proceeding any contribution in an amount of more than five hundred fifty dollars ($500) 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 and disclosure form:

https://www.roseville.ca.gov/city_clerk/transparency/levine_act.php)

9.5 Non-Collusion. Contractors submitting proposals shall warrant via an executed Proposer’s Certification (Attachment B) 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 contractor 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 E.

9.6 Indemnification & Insurance Requirements. The City’s standard indemnification and insurance requirements are provided in the sample contract, included in Attachment A. All costs of complying with the insurance requirements shall be as included in your pricing. The selected Contractor 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 Contractor’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.

9.7 Cost of Preparing Proposal. The City will not pay any costs incurred by any Contractor in preparing or submitting a proposal in response to this RFP.

9.8 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.

9.9 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.

9.10 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.

9.11 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 Contractor in response to any RFP. This RFP does not constitute any form of offer to contract.

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

9.13 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.

9.14 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.

9.15 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.

9.16 If no proposal is accepted, the City may elect to have the services performed in some other manner.

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

9.18 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.

9.19 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 Contractor prior to the expiration of that ninety (90) day period.

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

9.21 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 material/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.

9.22 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 Contractor 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.

9.23 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.

9.24 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.

9.25 Examination of Contract Documents. Each proposer shall thoroughly examine and be familiar with the terms of this RFP, the sample contract attached as Attachment A, 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.

9.26 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 Contractor sign a statement affirming its compliance with this policy.

9.27 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 Contractor 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.

9.28 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 Contractor must notify the City immediately. Upon learning the actions herein identified, the City reserves the right, at its sole discretion, to cancel the contract.

9.29 Bonds. The successful Contractor will be required to provide a 100% Faithful Performance Bond and a 100% Labor and Materials Bond using the City’s forms.

9.30 Debarment. Contractor certifies that Contractor, 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.

Attachment A

Sample Contract

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Contract Purchase Agreement 3003456

Supplier Details:

Company Sample Company Contact Fred Sample Address 111 Sample Dr.

Submit your response to:

Company City of Roseville

Contact Address Purchasing Division

311 Vernon St Roseville, CA 95678

Phone (916) 746-1100 Fax (916) 746-1115

E-mail

This Contract Purchase Agreement is sent for your review and acceptance. Notify the Buyer via email of any needed changes to the company name, address, and contact information. The Buyer will update the agreement prior to you signing the document.

Return signed copies of the agreement to the Buyer noted on the agreement. Alterations or modifications to the agreement are not allowed. Upon receipt of all necessary documents, the City will sign the agreement and return a fully executed copy to you. Receipt of the signed copy will be your notice to proceed with the work in accordance with the terms and conditions of the agreement. Work must not begin until the contract has been fully executed.

The following guidelines must be followed for the signature block on the agreement:

Sole proprietorship - By owner

Partnership - Any general partner Corporation - Two options:

(1) A signature from the President and the corporate seal; OR

(2) One signature from the Chairman of the Board, President, or any Vice President AND one signature from the Secretary, any Assistant Secretary, Chief Financial Officer, or any Treasurer or Assistant Treasurer of the corporation

*General Manager, Office Manager and/or Sales Manager are not corporate officer titles. The agreement will be rejected if not signed in accordance with these guidelines.

Insurance requirements:

The City's insurance requirements are referenced on Attachment A of the agreement. By signing the agreement, you are confirming that your company has the minimum insurance limits required.

Contract Purchase Agreement 3003456

Agreement 3003456

Agreement Date 15-FEB-2024 Revision 0

Agreement Amount 0.00 USD

Invoice To City of Roseville Supplier Sample Company Accounts Payable 111 Sample Dr.

311 Vernon St ROSEVILLE CA 95678 Roseville, CA 95678

(916) 774-5488 Phone: (916)111-1111

(916) 784-3796 Fax: (916)111-2222 accountspayable@roseville.ca.us Email: samplecompany@sample.org

Phone:

Fax:

Email:

Description of Labor, equipment and/or materials

This is a SAMPLE agreement for illustration purposes only.

Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 11028 Net 30 Freight on Board at the destination Destination Best Method

Start Date End Date Confirm To 01-Jul-2023 30-Jun-2024

Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office.

Contract Terms and Conditions

1. To the fullest extent allowed by law, Contractor shall defend, indemnify, and save and hold harmless City, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of Contractor's willful misconduct or negligent act or omission while engaged in the performance of obligations or exercise of rights created by this Agreement, except those matters arising from City's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed. Contractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

2. Contractor is an independent contractor, and shall not be considered an officer, agent or employee of the City.

3. Without the written consent of the City, this Agreement is not assignable by Contractor either in whole or in part.

4. Time is of the essence of this Agreement.

5. At any time during the term of this Agreement, the City has the right to terminate this

Agreement, provided Contractor is given thirty (30) days written notice. City's termination shall be without further liability to City; however, Contractor shall be entitled to all costs reasonably incurred prior to the date of termination. Contractor acknowledges that City may terminate this Agreement should funds not be appropriated by its governing body to continue services under this Agreement.

6. This Agreement may only be amended or modified in writing. It is integrated and contains the complete understanding of the parties.

7. All equipment, supplies and services sold to the City of Roseville shall conform to the general safety orders of the State of California.

8. Unless notified to the contrary, in writing, the City assumes that the Contractor has accepted the work in accordance with the plans and specifications (if any) and agrees to do the work in compliance with this Agreement.

9. All fair employment practices must be adhered to. In addition, if the project referenced on this service agreement is a Public Works project, all prevailing wage laws must be complied with. For prevailing wage contracts over $25,000, copies of certified payroll must be submitted with invoices. Prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.

ca.gov/dlsr/DPreWageDetermination.htm. In compliance with Labor Code Section 1773.2, as may be amended from time to time, Contractor shall cause a copy of this website to be posted at each jobsite, as applicable.

10. Contractor agrees to the below insurance requirements:

a. Unless otherwise specified, the Contractor shall maintain the policies of insurance outlined in Attachment A, incorporated herein by this reference, in full force and effect during the term of this Agreement. The City of Roseville retains sole discretion in determining the types and proper levels of insurance coverage.

b. Form. Contractor shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney.

c. Additional Insureds. Contractor shall also provide a separate endorsement or section of the policy showing City, its officers, agents, employees, and volunteers as additional insureds for each type of coverage, except for Workers'

Compensation. Such insurance shall specifically cover the contractual liability of Contractor. The additional insured coverage under the Contractor's policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy, and shall not seek contribution from City's insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (ISO) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.

Furthermore, the requirements for coverage and limits shall be:

(1) the minimum coverage and limits specified in this Agreement; or

(2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater.

d. Cancellation/Modification. Contractor shall provide thirty (30) days written notice to City prior to cancellation or modification of any insurance required by this Agreement.

e. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract) before City's own insurance shall be called upon to protect it as a named insured.

f. Subcontractors. Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor's work. Furthermore, Contractor shall require its subcontractors to agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement.

Additionally, Contractor shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of City's indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.

g. Self-Insured Retentions. All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability.

Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.

h. Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of City, its officers, agents, employees and volunteers for all work performed by Contractor, its employees, agents and subcontractors.

i. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Contractor of liability in excess of such coverage, nor shall it preclude City from taking such other actions as are available to it under any other provisions of this Agreement or law.

11. Contractor shall comply with all federal, state, and local laws and ordinances, including but not limited to the City's storm water regulations, as may be applicable to the performance of services under this Agreement. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement. Refer to www.roseville.

ca.us/stormwater for links to more information on the City's storm water regulations.

12. In the event that the terms of any attachment or exhibit conflict with any terms of this Agreement, the terms of this Agreement shall control.

13. This Agreement may…