RFP_2301_Billboard_Lease_rev.pdf

City of Milpitas

NOTICE OF

REQUEST FOR PROPOSALS

No. 2301

DIGITAL BILLBOARD DESIGN, CONSTRUCTION AND MANAGEMENT

Notice is hereby given that proposals will be received on the City of Milpitas eProcurement website GovList.us, until March 27, 2019 at 2:00 p.m. for:

DIGITAL BILLBOARD DESIGN, CONSTRUCTION AND MANAGEMENT

The City of Milpitas (“City”) is seeking from a qualified proposer (“Proposer”) services to deliver DIGITAL

BILLBOARD DESIGN, CONSTRUCTION AND MANAGEMENT services as outlined in this RFP.

The scope of services, content of the proposal, and the selection process are described in the Request for Proposals

(“RFP”). Interested parties may obtain copies of the RFP by downloading them via GovList.us.

SUBMITTING THE PROPOSAL: The City requires that proposals be submitted electronically. Electronic proposals are to be submitted through a secure mailbox at GovList until the date and time indicated above. It is the sole responsibility of the Proposer to ensure that its proposal reaches GovList before the closing date and time.

There is no cost to the Proposer for submitting its proposal electronically via GovList. Electronic proposals require the uploading of electronic attachments. All documents must be attached as separate Microsoft Word, Excel, or

Adobe PDF documents only. The submission of attachments containing embedded documents is prohibited. It is the responsibility of the Proposer to familiarize itself with GovList and the City does not assume any liability or responsibility for late proposals. All questions related to this RFP must be submitted via GovList.

Registration. Proposer must register on GovList. To receive registration instructions call the City at 408-586-3163 or email a request for registration instructions to zdevine@ci.milpitas.ca.gov.

License and Bonding. Proposer shall be licensed and bonded in accordance with industry practices, laws, rules and regulations governing the performance of services required in this RFP.

For more information regarding the RFP, please contact:

Zachary DeVine

Buyer

408-586-3163 zdevine@ci.milpitas.ca.gov https://secure.govlist.us/portal/milpitas-ca mailto:zdevine@ci.milpitas.ca.gov

City of Milpitas

REQUEST FOR PROPOSALS

No. 2301

For

DIGITAL BILLBOARD DESIGN, CONSTRUCTION AND

MANAGEMENT

Date Issued: March 6, 2019

Proposal Deadline: March 27, 2019 at 2:00 p.m.

Issued By: City of Milpitas

Purchasing Division

455 E. Calaveras Blvd.

Milpitas, CA 95035

TABLE OF CONTENTS

RFP No. 2301 – DIGITAL BILLBOARD DESIGN, CONSTRUCTION AND MANAGEMENT

PROJECT DESCRIPTION 4

INSTRUCTIONS TO PROPOSER 5

LIST OF DOCUMENTS TO BE RETURNED WITH PROPOSAL 13

NARRATIVE PROPOSAL 14

CERTIFICATION OF PROPOSER 17

NON-COLLUSION DECLARATION 18

PROPOSER'S STATEMENT REGARDING INSURANCE COVERAGE 19

WORKER'S COMPENSATION INSURANCE CERTIFICATE 20

NONDISCRIMINATORY EMPLOYMENT CERTIFICATE 21

WAGE THEFT CERTIFICATION 24

REFERENCES 25

EXHIBIT A - SCOPE OF SERVICES 26

EXHIBIT B - SAMPLE AGREEMENT Separate Download

Schedule of Activities. The City reserves the right to amend the schedule below as necessary. All times referenced are in Pacific Time.

Activity Tentative Dates

RFP released March 6, 2019

Deadline for Submitting Questions (2:00 p.m.) March 19, 2019

Proposal Submission Deadline (2:00 p.m.) March 27, 2019

Evaluation Committee Review Begins April 1, 2019

Interview/Presentations (If Needed) April 17, 2019

Proposer Award (Tentative City Council Date) May 21, 2019

PROJECT DESCRIPTION

The City of Milpitas (“City”) is seeking proposals from qualified proposers (“Proposer”) in response to this

Request for Proposals (“RFP”) to perform digital billboard design, construction, management, advertising sales, programming and maintenance services on City-owned property (approximately 1,100 square feet in area) located at the northern terminus of Barber Court. The purpose and intent of this RFP is to solicit proposals from experienced Proposers for the design, construction, management, advertising sales, programming and maintenance of a digital billboard. The City expects the proposed billboard will be a new and state of-the-art, double-sided digital billboard.

The scope of services (“Services”) sought under this RFP are set forth in more detail in Exhibit “A,” attached hereto and incorporated herein by this reference. The City reserves the right to select more than one Proposer as part of this RFP.

INSTRUCTIONS TO PROPOSERS

ADDENDA. Addenda issued pursuant to this RFP, if any, will be posted on the GovList website. However, it is the sole responsibility of the Proposer to check the website and/or contact the Purchasing Agent listed in the

Notice of Request for Proposals directly to determine whether any addenda has been issued.

ANTI-DISCRIMINATION. It is the policy of the City that in connection with all Services performed under the

Agreement; there will be no discrimination against any prospective or active employee engaged in the Services because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The Proposer agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair

Employment Practice Act, beginning with Labor Code Section 1735. In addition, the Proposer agrees to require like compliance by any subcontractor employed to complete any Services under the Agreement.

AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the Services. Upon request of the City, any agent submitting a proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual makes the proposal, their signature, and post office address must be listed in the proposal. If a firm or partnership makes the proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be listed in the proposal. If a corporation makes the proposal, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. Upon request of the City, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

AWARD OF CONTRACT. Award, if made, will be made to the Proposer offering the most advantageous proposal after consideration of all evaluation criteria (“Evaluation Criteria”) set forth below. An Evaluation

Committee will be established by the City. Proposers not meeting the minimum requirements established in this RFP and not submitting all required documents may be deemed non-responsive to the RFP and thus may not be considered by the Evaluation Committee. The Evaluation Committee will evaluate all proposals received in accordance with the Evaluation Criteria. The City shall not be obligated to accept the lowest priced proposal but will make an award in the best interests of the City after all factors have been evaluated.

The Evaluation Committee may also contact and evaluate the Proposer's and subcontractor's references; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from

EVALUATION CRITERIA Weighted %

Cover Letter 5%

Company Profile 20%

Execution Plan 40%

References 10%

Revenue Sharing 25%

Any bid submitted that does not acknowledge each and every addenda issued will be considered non-responsive. Addenda, if any, must be acknowledged on the RFP Bid Form in the space provided.

any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

Discussions may, at the City’s sole option, be conducted with a short-list of responsive and responsible Proposers.

Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the

RFP requirements. Each Proposer shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. Revisions may be permitted after submissions and before award for obtaining best and final proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing Proposers. A notification of intent to award may be sent to any Proposer selected. The award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring

Proposer or withdraw the RFP. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one contract if desired. Once negotiations are successful, the Proposer will be recommended to the City Council for contract approval and the City Council has the final authority to approve or reject the contract award.

BACKGROUND CHECKS. All employees of the successful Proposers assigned to perform the Services and duties identified in this RFP must have a background security check (LifeScan or other background check as required by the City) conducted and passed as well as be a minimum of twenty-one (21) years of age.

BID PROTEST. Should any Proposer protest the award to the Proposer offering the most advantageous proposal after consideration of all Evaluation Criteria, such protest must be made in writing to the Purchasing Agent. All protests must be filed and will be adjudicated in compliance with the City Municipal Code Section “I-2-3.19 –Bid

Protest”.

BUSINESS LICENSE. If the Services under this RFP include performing services or installation on City property, the successful Proposer must have a current City Business License. Inquiries regarding Business Licenses may be directed to the Department of Financial Services at 408-586-3100. Business Licenses are not required for materials or equipment shipped by U.S. mail or common carrier.

COMMUNICATION. Each Proposer must comply with the specified communication requirements. Any

Proposer who communicates concerning this RFP with parties or via methods not provided for in this RFP, may be subject to disqualification. Such communication includes contact with City elected officials, non-designated staff, or any member of the Evaluation Committee regarding this RFP.

The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner, except by written addendum.

COMPENSATION/FEES. All proposals shall include the compensation proposed, both in writing and in figures, shall give all other information requested herein, and shall be signed by the Proposer’s authorized representative.

Fee proposals shall include everything necessary for the completion of all Services or otherwise fulfillment of the

Agreement including but not limited to furnishing all labor, materials, equipment, tools, facilities and all management; overhead expenses and profit required to complete the Services in accordance with the Contract

Documents, except as may be provided otherwise in the Contract Documents. Fee proposals must contain the information as outlined in the RFP.

COMPLIANCE WITH OR DEVIATION FROM RFP AND AGREEMENT. Proposer hereby agrees that the

Services provided will meet all the requirements of the RFP including, without limitation, all Exhibits and in particular the sample agreement (“Agreement”) attached hereto as Exhibit B and incorporated herein by this reference, unless deviations from them are clearly indicated in the Proposer’s proposal. Any exceptions taken to the RFP or Agreement must be submitted as an attachment to the proposal entitled “Exceptions to RFP and Contract,” which must be signed by Proposer’s authorized representative. An explanation must be made for each item in which an exception is taken, giving in detail the extent of the exception, the reason for which it is taken, and the suggested change. Any such exception taken to the RFP or Agreement may serve as a basis for rejection of the proposal as nonresponsive. Failure to comply with the requirements of this provision shall serve as a waiver of the Proposer’s right to challenge or otherwise take exception to any terms of the RFP or the Agreement. Submittal of a brochure, general list of terms and conditions, or other manufacturer literature is desirable but may not be a substitution for this requirement.

CONFLICT OF INTEREST. Pursuant to Government Code section 1090 and any other laws, rules and regulations that may apply, the Proposer covenants that neither it, its subcontractors nor employees presently have an interest, and shall not acquire any interest, direct or indirect, financial or otherwise that would conflict in any manner or degree with contract awarded from this RFP. Proposer certifies that to the best of its knowledge, no one who has or will have any financial interest in the contract awarded from this RFP is an officer or employee of the City. Through its submittal of a proposal, Proposer acknowledges that it is familiar with Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California and will immediately notify the

City if it becomes aware of any facts concerning the contract to be awarded that constitute a violation of said provisions.

CONTRACT DOCUMENTS, EXAMINATION OF. It is the responsibility of the Proposer to carefully and thoroughly examine and be familiar with the RFP, all attached exhibits including the Agreement, responses to questions, and addenda, if any, (hereinafter collectively referred to as “Contract Documents”). Proposer shall satisfy themselves as to the character, quantity, and quality of the Services to be performed and materials, labor, supervision, equipment, and appurtenances necessary to perform the Services as specified by the Contract

Documents. The failure or neglect of the Proposer to examine the Contract Documents shall in no way relieve them from any obligations with respect to the RFP or Agreement. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the Contract Documents. The failure or neglect of a Proposer to receive or examine any of the Contract Documents shall in no way relieve them from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of Contract Documents.

DEFINITION OF TERMS. For the purposes of this RFP, the following definitions will be used:

a. Contractor/successful Contractor/successful Proposer. The terms “Contractor,” “successful Contractor” and “successful Proposer” refers to the party entering into a contract with the City as a result of this RFP.

b. Evaluation Committee. An independent committee established by the City to review, evaluate, and score the proposals, and to recommend award to the Proposer that submitted the proposal determined by the committee to be in the best interest of the City.

c. May. Indicates something that is not mandatory but permissible.

d. Must/Shall. Indicates a mandatory requirement. A proposal that fails to meet a mandatory requirement may be deemed non-responsive and not be considered for award.

e. Proposer. The person or firm making a legally binding offer.

f. Proposal. The offer submitted by the Proposer.

g. RFP. Acronym for Request for Proposal; same as Solicitation and Contract Documents.

h. Should. Indicates something that is recommended but not mandatory. Failure to do what "should" be done will not result in rejection of your proposal.

i. Submittal Deadline. The date and time on or before all proposals must be submitted.

DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the Proposers, the

City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. A person, firm, or corporation who has submitted a sub-proposal to a Proposer, or who has quoted prices on materials to a Proposer, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Proposers. Reasonable ground for believing that any Proposer is interested in more than one proposal for the same work will cause the rejection of all proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider proposals from participants in such collusion. Proposers shall submit as part of their proposal documents the completed Non-

Collusion Declaration provided herein.

DOCUMENTS TO BE RETURNED WITH PROPOSAL. Failure to completely execute and submit the required documents before the Submittal Deadline may render a proposal nonresponsive. The documents that must be returned by the Submittal Deadline are listed on the form entitled "List of Documents to be Returned with

Proposal" and attached hereto on page 14.

EXECUTION OF AGREEMENT. The Contractor shall execute the Agreement in substantially the form provided in this RFP. A copy of the Agreement is attached hereto as Exhibit B and incorporated herein by this reference.

The Agreement shall include, among other things, this RFP, any addenda, and the relevant scope and pricing terms under the Contractor’s proposal. Contractor shall sign all necessary documents and submit all required bonds (if applicable) and evidences of insurance within ten (10) days after personal delivery of the Notice to Proceed or within fifteen (15) days after such Notice of Proceed has been deposited in the United States mail. One copy of the

Agreement will be returned to the Contractor after the City executes the Agreement. In case of failure of the

Contractor to execute and return the Agreement and all required documents within the time allowed, the City may, at its option, consider that the Proposer has abandoned the Agreement. After the Agreement has been executed, including the insurance documents, certificates, and bonds, if applicable, Contractor agrees to commence Services within ten (10) working days after the date of the Notice to Proceed.

EXPERIENCE AND COMPETENCE. The successful Proposer shall be skilled and regularly engaged in the general class or type of work called for under the Agreement and shall also have no less than five (5) years of experience in the magnitude and character of the Services proposed. It is the intention of the City to award a contract to a Proposer who furnishes satisfactory evidence that he or she has the requisite experience, ability, sufficient capital, and facilities to enable them to prosecute the Services successfully and properly and to complete it within the time specified in the Agreement. To determine the degree of responsibility to be credited to the Proposer, the

City will weigh any evidence that the Proposer has performed satisfactorily other contracts of like nature, magnitude, and comparable difficulty. In selecting the proposal most advantageous to the City, consideration will be given to the general competency of the Proposer for the performance of the Services specified in the RFP. To this end, each Proposal shall be supported by a statement of the Proposer’s experience on the form entitled “References,” which is a part of the RFP.

Contractor’s personnel assigned to the contract awarded from this RFP shall each have a minimum of five (5) years of training and experience related to services of similar scope to this RFP. Contractor will ensure that a full-time employee is assigned to the job as project manager for the duration of the Agreement and that he or she speaks English and has three (3) years of supervision experience in work of similar scope to this RFP. These minimum qualifications shall be maintained throughout the Agreement duration.

FORCE MAJEURE. If execution of the Agreement shall be delayed or suspended and if such failure arises out of causes beyond the control of and without fault or negligence of the Contractor, the Contractor shall notify the

City, in writing, within twenty-four (24) hours, after the delay. Such causes may include but are not limited to acts of God, war, acts of a public enemy, and acts of any governmental entity in its sovereign or contractual capacity, fires, floods, epidemics, strikes and unusually severe weather.

FORMATION OF CONTRACT. Proposer’s signed proposal and City’s acceptance shall constitute a binding contract.

INFORMED PROPOSER. Each Proposer is expected to fully inform themselves as to the conditions, requirements, and specifications of the RFP before submitting proposals. Failure to do so will be at Proposer’s own risk, and they cannot secure relief on the plea of error.

INSURANCE REQUIREMENTS. Within ten (10) calendar days of award of the contract, the successful Proposer must furnish to the City with a Certificate of Insurance and accompany endorsements proving coverage, as specified in the Agreement attached as Exhibit B. Failure to furnish the required certificates within the time allowed may result in forfeiture of the Agreement.

INTERPRETATION OF CONTRACT DOCUMENTS. If any person is in doubt as to the true meaning of any part of the RFP or finds discrepancies or omissions in the RFP, they may submit a written request for an interpretation or correction through the GovList website no later than the deadline for questions.

When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP, and when issued, will be posted on the GovList website. All such addenda shall become a part of the Agreement.

Oral and other interpretations or clarifications shall be without legal or contractual effect. It is the responsibility of each Proposer, including any Proposer who obtained a RFP from anyone other than the GovList, to check the website for addenda prior to submitting any proposal.

To submit questions: 1) Log into the GovList website; 2) click on the title of the solicitation and the solicitation page will open up; 3) find on the right-hand side of the page under “Questions”, then click on [View/Ask questions] and 4) type in your question or request for clarification. Responses to questions/requests for clarification will be sent via e-mail notification to all registered Proposers.

The deadline for submitting questions related to this RFP is:

2:00 p.m. on March 19, 2019

Questions answered on GovList are considered to be a part of or clarification to the RFP and are considered to be addenda to be acknowledged by Proposers in its Proposal using the form provided. The City may also issue a separate addendum document in response to questions/requests for clarification. It is the responsibility of each

Proposer to ensure that they have registered on GovList to receive all notifications. To register, contact the

Purchasing Division at 408-586-3163.

Any Proposer obtaining the RFP from any source other than the City is responsible for contacting the City

Purchasing Agent at the above reference telephone number and registering on GovList.

LICENSES. Proposer represents that it is duly licensed and experienced in providing services similar to those being performed under this RFP and that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.

NOMENCLATURES. The terms successful Proposer, successful Contractor, and Contractor may be used interchangeably in this RFP and shall refer exclusively to the Proposer with whom the City enters into a contract as a result of this RFP.

NON-COLLUSION DECLARATION. Each Proposer is required to submit a signed copy of the Non-Collusion

Declaration with its proposal.

Any bid submitted that does not acknowledge each and every question issued will be considered non-responsive. Questions, if any, must be acknowledged on the RFP Bid Form in the space provided.

WAGE THEFT PREVENTION. Proposers are required to submit a certification disclosing whether the Proposer or any of its proposed subcontractors has been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage

Ordinance, within the past five (5) years from the bid submission deadline. A copy of the Wage Theft Certification is attached hereto and must be completed and submitted as part of the proposal.

OFFERS OF MORE THAN ONE PRICE. Proposer is NOT allowed to submit more than one proposal.

PREVAILING WAGES. Proposer shall take cognizance of the requirements of California Labor Code Sections

1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing

Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public work” and “maintenance” projects. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at https://www.dir.ca.gov/oprl/. The Contractor and all subcontractor(s) under him or her, shall comply with all applicable Prevailing Wage Laws, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Agreement, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. It shall be the Proposer’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this RFP and applicable law in its proposal.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial

Relations. No proposal will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

PRICE DISCREPANCIES. In the event that there are unit price items in a proposal schedule and the "amount" indicated for a unit price of an item does not equal the product of the unit price and quantity listed, the unit price shall govern, and the amount will be corrected accordingly. If there is more than one item in a proposal schedule, and the total indicated for the schedule does not agree with the sum of prices of the individual items, the prices given for the individual items shall govern, and the total for the schedule will be corrected accordingly. The Proposer will be bound by said corrections.

PROPOSAL CONTENT. (See Narrative Proposal) Proposer must describe in detail how they will meet the requirements of this RFP, and may provide additional related information with its proposal. The proposal shall be presented in a format that numerically corresponds to the numbered sections outlined in the Narrative

Proposal – Part 1. Responses to each section should be labeled to indicate which item is being addressed.

Proposals shall be straightforward and concise and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. If a complete response cannot be provided without referencing supporting documentation, you must provide such documentation with the proposal indicating where the supplemental information can be found.

The City is not liable for any costs incurred by Proposers before entering into a formal Agreement. The costs of developing the proposals, presentations, negotiations and any interview or any other such expenses incurred by any Proposer in responding to the RFP are entirely the responsibility of the Proposer and shall not be reimbursed in any manner by the City.

PROPOSAL MODIFICATIONS. Any Proposer who wishes to make modifications to a proposal already received by the City must withdraw its proposal in order to make the modifications. Withdrawals must be made in accordance with the terms and conditions of this RFP (see Withdrawal of Proposal). All modifications must be made in ink, properly initialed by Proposer’s authorized representative, executed, and submitted in accordance with the terms and conditions of this RFP. It is the responsibility of the Proposer to ensure that modified or withdrawn proposals are resubmitted before the Submittal Deadline.

PROPOSAL PRICES AND NOTATIONS. All prices and notations must be in ink or typewritten. Prices shall be stated in units and offers made separately on each item. In case of conflict between unit prices and extended prices, unit prices will govern. Where there is a conflict between words and figures, words will govern.

PROPOSAL RESULTS. Proposals are downloaded from the GovList website. A proposal results tabulation with the names of Proposers will be posted on the Purchasing page of the City website after contract award, if any.

The City reserves the right to postpone the Submittal Deadline and opening of proposals any time before the date and time announced in the RFP or subsequent addenda.

PROPRIETARY INFORMATION. Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38

Cal.4th 1065, proposals submitted in response to this RFP shall be held confidential by Authority and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.)

until after either City and the successful proposer have completed negotiations and entered into an Agreement or

City has rejected all proposals. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act.

Furthermore, the City will have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City is not in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential”, “Trade

Secret” or “Proprietary”, the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction.

RECYCLED PRODUCT PROCUREMENT. The City is committed to the conservation and protection of state and local resources, therefore:

a. For all paper materials of any kind delivered to the City, by a contractor, supplier, or consultant, whether in the form of a product such as a cup or a deliverable such as a report, shall use recycled paper that bears an imprint identifying the recycled content of the paper as not less than the 30% post-consumer fiber as specified in Section 12209 of the Public Contract Code. A product such as a cup may have the identifying logo and/or language on the packaging, while a deliverable such as a report shall have the identifying logo on the first page. This shall apply to all paper materials delivered to the city whenever practicable.

b. Contractors and consultants shall use both sides of paper sheets whenever practicable.

REJECTION OF PROPOSALS AND WAIVER OF INFORMALITIES. Issuance of this RFP and receipt of proposals does not commit the City to award a contract. The City reserves the right to waive any irregularities and to reject any proposals, all proposals, or any part of any proposal presented and re-advertise for proposals.

The City reserves the right to cancel the RFP and make no award. The City reserves the right to reject the proposal of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The

City expressly reserves the right to reject the proposal of any Proposer who is in default on the payment of taxes, licenses, or other monies due to the City.

RULES FOR SUBMITTING PROPOSALS.

a. Submittal Deadline. Proposals must be uploaded to the GovList website by the Submittal Deadline shown in this RFP and any subsequent addenda to this RFP.

b. Responsibility. Proposer is solely responsible for ensuring its proposal is successfully uploaded onto the

GovList website in accordance with the RFP requirements before the Submittal Deadline. The City shall not be responsible for any delays in transmission errors or delays. Proposals must be uploaded in Microsoft

Word, Excel or Adobe PDF format as specified in the RFP, using as few files as possible. Do not wait until the last minute to upload files as delays can occur. In the event that there is a problem uploading documents, contact GovList at 1-855-680-4747.

c. Extension of Submittal Deadline. The City reserves the right to extend the Submittal Deadline when it is in the best interest of the City.

d. Forms. To be considered for the award, each proposal shall be made on forms furnished by the City in this

RFP.

e. Late Proposals. The Submittal Deadline is firm. Proposals will not be accepted after the Submittal

Deadline.

f. Signature. To be considered for the award, each proposal shall be signed by an authorized representative of the Proposer.

SITE EXAMINATION. If applicable or otherwise required by City, Proposer may visit the City and its physical facilities and determine the local conditions which may in any way affect the performance of the Services;

familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the Services; make such investigations, as it may deem necessary for performance of the

Services at its proposal price within the terms of RFP; and correlate its observations, investigations, and determinations with the requirements of the RFP.

SUBMITTAL METHOD. Proposals must be submitted electronically through the GovList website at https://secure.govlist.us/portal/milpitas-ca.

TAXES. Successful Proposer shall pay all federal, state and local taxes, levies, duties, and assessments of every nature due in connection with any Services under the Agreement and shall indemnify and hold harmless the City from any liability on account of any and all such taxes, levies, duties, assessments, and deductions. Proposal prices shall include said taxes.

TERMS OF THE OFFER. The City reserves the right to negotiate final contract terms with any Proposer selected.

Proposer understands and acknowledges that the representations above are material and important, and will be relied on by the City in the evaluation of the proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.

WITHDRAWAL OF PROPOSAL. Following the Submittal Deadline, Proposer may not withdraw its proposal for a period of ninety (90) calendar days from the date of opening and the proposal must remain open and firm.

At no time may the successful Proposer(s) withdraw their proposal. Proposer’s authorized representative may withdraw proposals through the GovList website prior to the Submittal Deadline.

LIST OF DOCUMENTS TO BE RETURNED WITH PROPOSAL

THIS FORM MUST BE PRINTED OUT, COMPLETED AND UPLOADED BACK INTO THE

GOVLIST SYSTEM

REQUIRED PROPOSAL

DOCUMENTS TO BE

RETURNED

RFP

page numbers (for reference)

INCLUDED

(Indicate Yes or No for items 1 through 8)

IF NOT, EXPLAIN

1. This form 13

2. Narrative Proposal (Including

Company Profile and Execution

Plan)

3. Certification of Proposer 17

4. Non-Collusion Declaration 18

5. Proposer's Statement Regarding

Insurance Coverage

6. Worker's Compensation

Insurance Certificate

7. Nondiscriminatory Employment

Certificate

8. Wage Theft Certification 24

9. References 25

Failure to complete, sign (where required), and return the above documents with your proposal may render it nonresponsive and thus be rejected by the City.

ACKNOWLEDGMENT

PROPOSER NAME (Company Name): _________________________________

PRINT NAME AND TITLE OF AUTHORIZED OFFICIAL OFFERING THE PROPOSAL:

AUTHORIZED SIGNATURE: __________________________________ Date: _____________

NARRATIVE PROPOSAL – DO NOT RETURN THIS FORM

NARRATIVE PROPOSAL FORMAT – Use this as a guide to write your proposal.

In order to be fully compliant with the requirements of the RFP, please follow this format exactly siting each heading (Cover Letter, Company Profile, etc.). Proposer may include any information they feel is relevant to the proposal, but at a minimum include each and every numbered and lettered item below in the written narrative proposal.

The proposal shall not exceed 30 pages, not including resumes and references which must be attached as appendices.

Once submitted, the proposal including any supplementary documents become the property of the City.

1. Cover Letter – The cover letter shall address items a through h:

a. The cover letter is to introduce the Proposer and should contain the names, title, address, and telephone numbers of the individual(s) with authority to bind the Proposer during the period that the proposals are being evaluated.

b. The cover letter shall identify the legal form of the firm, and if a corporation, shall identify in which state the firm was incorporated.

c. The cover letter shall be signed by a principal of the firm or other person authorized to act on behalf of the firm.

d. The proposal shall identify the location of the firm’s home office, and whether or not the firm has management staff in the San Jose/Oakland/San Francisco area.

e. The number of employees.

f. Name, address, and telephone number of the Proposer’s point of contact for a contract resulting from this RFP.

g. Length of time Proposer has been providing services described in this RFP. Please provide a brief description.

2. Company Profile – The Proposer shall provide a general description of the firm, including a brief history and its experience in providing similar services as those requested in this RFP. The City will only consider submittals from Proposers whose proposed team can demonstrate the following background and capabilities:

a. A minimum of five (5) years’ experience providing services similar in size and scope to those outlined in this solicitation.

b. Contractually commit that the team defined in the proposal will perform the Services h.) Proposer must include in their cover letter a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. If “None” proposer shall state as follows:

“Proposer has no prior or ongoing contract failures, civil or criminal litigation or pending investigation.”

Failure to comply with this provision will disqualify any proposal.

under the Agreement should it be chosen.

c. Demonstrated ability to complete the work outlined in Exhibit “A.”

Each submittal should address the following areas

a. Describe your firm’s capabilities, experience, and approach to projects for similar agencies.

Included shall be a description of at least five (5) design-build-management projects of similar or greater complexity that your firm has completed within the past five (5) years.

Include the following information:

i. Project description

ii. Project Size (total implementation cost)

iii. Verified total annual revenue

iv. Client reference name and contact information

v. Photos of the completed project

b. Provide a detailed description of your approach for pricing on this type of project.

c. Provide a description of how you would approach the design requirements for this type of project (construction documents, specifications, permits, etc.). Do you plan to self-execute the design engineering?

d. Provide an organizational chart showing the proposed team for this project. Also, include resumes for key individuals showing their experience with these types of projects.

e. Provide a description of how your firm is uniquely qualified for this project.

f. Provide a schedule of how the Proposer proposes to complete the Services in accordance with the requirements of the Agreement. Provide an outline of key milestones including, but not limited to, coordination meetings, expected construction start and completion dates.

g. Revenue Generation: A detailed explanation of how Proposer will provide advertising sales, programming and maintenance of a digital billboard.

h. A statement that discloses any past, ongoing or potential conflicts of interest that the firm may have or may develop as a result of performing the Services specified in this RFP.

3. Execution Plan – The plan represents the Proposer’s offer of Services to the City. The proposed execution plan must include a detailed work plan describing how the Proposer will meet the project objective in the most cost-effective and timely manner. This section is to provide a detailed explanation of the Proposer’s approach in performing the Services described in the RFP – SEE EXHIBIT “A.” (Proposals provided in response to this solicitation shall clearly mark responses to Section 2, Letters a though p in its execution plan).

4. Personnel Assigned – Include all of the following: (Answer items a through d)

a. A project manager authorized to act on behalf of the firm must be designated and shall be the principal contact for the City.

b. Identify any individuals expected to have backup responsibilities.

c. Provide a brief resume/background of the specific individuals assigned to this project; resumes should not exceed one paragraph per person.

d. The proposal shall state that no changes in key personnel are to be made without written consent of the City.

If, and when the City interviews prospective firms, such persons shall be in attendance and materially contribute to the discussion.

5. References – This section shall consist of a list of three references for work of a similar nature as that required by the City, performed within the last three years. Proposers are directed to use the attached References form to list references.

6. Proposed Compensation – This section shall consist of a detailed outline of Proposer’s proposed compensation for Services outlined in Exhibit A – Scope of Services.

CERTIFICATION OF PROPOSER

I/We (Insert Company Name) ________________________________agree to provide the Services as stipulated in this RFP and pricing as indicated in the Proposal. I/We further agree that the below; undersigned is authorized by the (Insert Company Name) _______________________________ to bind the company in contract for the specified contract term. All exceptions (if applicable) are attached as an addendum to this pricing proposal. I understand that the City may not accept exceptions to the RFP. I/We further agree that if awarded the contract, to abide the terms and conditions of the contract and not to materially modify such terms without expressed written consent of the City Purchasing Agent.

Company Name: __________________________ Legal Entity Type: __________________________

Authorized Contact Title: ___________________ Print Contact Name: _________________________

Contact Signature: ________________________ Contact Email Address: ______________________

Contact Telephone: ______________________ Contact Fax: ______________________________

Proposer’s Address: _______________________ City, State and ZIP Code: _____________________

Taxpayer I.D. No.: _______________________ Business License No.: ________________________

DIR Registration No. (if applicable): ______________________

By checking the box next to “QUESTIONS” below, Proposer acknowledges receipt of Questions and

Answers from the GovList website pertaining to this RFP (if any): QUESTIONS: ☐

By listing the Addenda Numbers below and checking the box next to “ADDENDA” below, Proposer acknowledges receipt of Addenda Number (s) ___, ___, ___, ___, from the GovList website pertaining to this RFP (if any). ADDENDA: ☐

NON-COLLUSION DECLARATION

The undersigned declares:

I am the ___________________ of ______________________________, the party making the foregoing proposal.

The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or sham. The Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding. The Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the proposal price, or that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the proposal are true. The Proposer has not, directly or indirectly, submitted its proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Proposer that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Proposer.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________________ [date], at ___________________[city], _______________[state].

Name of Proposer

Signature

Name

Title

PROPOSER'S STATEMENT REGARDING INSURANCE COVERAGE

PROPOSER HEREBY CERTIFIES that the Proposer has reviewed and understands the insurance coverage requirements specified in the RFP. Should the Proposer be awarded the contract for the Services, Proposer further certifies that the Proposer can meet the specified requirements for insurance, including insurance coverage of the subcontractors, and agrees to name the City as additional insured for the Services specified.

Name of Proposer (Person, Firm, or Corporation)

Signature of Proposer's Authorized Representative

Name and Title of Authorized Representative

Date of Signing

WORKER'S COMPENSATION INSURANCE CERTIFICATION

The Proposer shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Name of Proposer (Person, Firm, or Corporation)

Signature of Proposer's Authorized Representative

NONDISCRIMINATORY EMPLOYMENT CERTIFICATE

FORM MUST BE PRINTED OUT, COMPLETED AND UPLOADED BACK INTO THE GOVLIST

SYSTEM

Certificate Generally

Consistent with a policy of nondiscrimination in employment on contracts of the City and in furtherance of the provisions of Section 1735 and 1777.6 of the California Labor Code a "contractor's obligation for nondiscriminatory employment certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all RFP specifications and contracts of the City for the construction, repair, or improvement of public works.

Contents of Certificate

The Proposer's obligation for nondiscriminatory employment is as follows:

If awarded the contract and in performing the Services under the Agreement, the Proposer agrees as follows:

1. The Proposer will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair

Employment and Housing Act -- Government…