Revised Request for Proposals Design-Build Construction Services City of Rocklin REISSUED JUNE 13, 2017 Exhibits Exhibit A – Concept Drawings for the Project Exhibit B – City’s Improvement Standards Exhibit C – City’s Standard Drawings Exhibit D – Not Used Exhibit E – Addendums 1 and 2 Exhibit F – Non-collusion affidavit form Exhibit G – Design-Build Agreement, with General Conditions and Insurance Requirements Exhibit H – Performance Bond form Exhibit I – Payment Bond form Exhibit J – Guarantee form Exhibit K – Subcontractor listing form I. INTRODUCTION By this Revised Request for Proposals (“RFP”), the City Council of the City of Rocklin (“City”) is inviting the prequalified Design-Builders (“Design-Builders” or “Respondents”) to submit a revised Proposal for the design and construction of the Adventure elements and Kids Play Zone portion of the new Adventure Park in the City’s Quarry Park (the “Project”), located adjacent to 3970 Rocklin Road, Rocklin, California.. The Project has an anticipated construction start date in Spring/Summer 2017 and anticipated completion date in 2017. All prequalified Respondents are invited to submit revised Proposals, which the City will evaluate to identify the successful Design-Builder. Any contract awarded will be based on which Proposal provides the best value to the City, as defined in Public Contract Code section 22161(a). This RFP does not create any obligation whatsoever, either express or implied, for the City to award any contract. The selection of a Design-Builder is subject to review and approval by the City Council. A more detailed description of the selection process is set forth below. The City reserves the right to find any Proposal that is incomplete or otherwise fails to respond to all requirements of this RFP to be non-responsive, and to give it no further consideration. The City also reserves the right to request clarification and/or additional information from any Respondent. Except as provided, communication with the City, including without limitation its Selection Committee or any City Council member, with regard to the substance of this RFP is prohibited. II. PROJECT DESCRIPTION The Project consists of design and construction of a family-oriented “adventure park,” to include only the adventure elements (walls for climbing and rappelling; swings; zip lines; a hanging garden and waterfall; a kids’ zone with water play area; a pond; a maze; and an overlook). The Project does not include design or construction of the planned fire station, access road, or parking lots as indicated in attached Exhibit A, which is being handled under a separate contract with a separate firm. The Project does not include any support services facility, café or restaurant, birthday pavilion nature trail or other facilities. The Project exclusively includes the adventure elements to be located in the Big Gun Quarry Pit or in proximity to the rim, and the Kids Play Zone. The Project does not involve the former quarry structures, namely the Big Gun shed, and will have no effect on those structures or any of the equipment which remain within those structures. The Adventure Park utilizes the Big Gun Quarry Pit and the immediately adjacent property without disturbing, in any manner, the historically designated remains of the quarry structures. Concept Drawings for the Project are attached hereto as Exhibit A. The City has prepared a 30% Design (referred to as “Concept Drawings”). The Concept Drawings generally depict the layout, elements, and location of activities. Page 1 of 10 The design and construction of the Project shall adhere to the City’s Standard Drawings and Improvement Standards where applicable, attached hereto as Exhibits B and C. The estimated cost of the Project is $2,300,000. The Project is a public works project within the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code requiring payment of prevailing wages. The Project has an anticipated construction start date of Summer 2017 and a desired completion date of late 2017, including close-out. Liquidated damages will apply to every calendar day of delay to the Project Substantial Completion Date; additional funds will be held for delays to the Project Final Completion Date. The Project Final Completion Date will be determined during the RFP process, and prior to contract execution. Respondents are required to hold a California Contractor’s License, which is current, valid and in good standing with the California Contractor’s State License Board, and are required to be registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5. The Architect and Principal Engineers are required to be licensed in the State of California and in good standing. The City has engaged Legacy Family Adventures, Rocklin, LLC (“LFA”) as its architectural firm to assist in the development of design criteria specific to the Project, preliminary plans, adventure park layouts, and/or other development criteria. Accordingly, LFA is not eligible to participate with any Respondent. Any Respondent proposing LFA, or any individual affiliated with LFA or sub-consultant of LFA to the City, as part of its design team shall not be selected as the City’s Design-Builder. III. SCOPE OF DESIGN-BUILDER’S WORK The Design-Builder will be responsible for all design, permitting, agency review and approval, construction and agency close-out of the Project, in accordance with the design criteria to be provided by the City. Such services shall include, without limitation: • Provide project management of Design-Builder’s work activities from design to permitting and agency approvals through completion of construction and close-out. The City will pay all agency permitting fees. • Provide full design and engineering services (including, without limitation, geotechnical and survey services) necessary to complete the design and secure approval of all agencies for the Project and in accordance with the City’s Standard Drawings and Improvement Standards and the Concept Drawings. Design services generally required are evaluation of the site and of the design criteria documents and other Project-related information; preparation of a preliminary schedule and preliminary estimate; coordinating and obtaining all planning permits; preparing design development documents, including supporting the City’s design review process, attending design review meetings and resolving review comments to the satisfaction of the City; preparing construction documents; assisting the City with approval through the City’s approval bodies; and performing work necessary to prepare and submit an acceptable Guaranteed Maximum Price (“GMP”) proposal. • Provide accurate and timely estimates of Project costs, as described in the Design-Build Agreement. • Develop the GMP for the Project, in conjunction with the City, as will be set forth in the Design-Build Agreement, and provide a commitment to the GMP. Such work will include some or all of the following, without limitation, design completion, value engineering, detailed cost estimating (including variables and options in order to meet the City’s budget), development of the different trades’ scopes of work, bidding, and preparation of a GMP proposal. For work to be performed by the Design-Builder or any subcontractor listed in the Proposal, the Design-Builder shall submit sufficient information to establish that its price is competitive and reasonable for the area. • Provide all construction work necessary to complete the improvements. Construction services generally required are execution of subcontracts; providing on-site support and logistics, including but not limited to temporary construction office trailers and equipment; supervising and directing the work; providing and installing all elements of the Adventure Park including, but not limited to, ropes, climbing walls, zip lines, ladders, and buildings; ensuring a safe project/site; participating in project meetings; managing the construction costs (ensure costs allocated to construction contingency have entitlement and meet the contract requirements prior to submission to the City Representative); coordinating the work with the Page 2 of 10 different subcontractors in an efficient manner; updating the monthly (or more frequent) construction schedule; coordinating equipment start-up and acceptance testing; training; preparing record construction documents; managing the storm water pollution prevention plan (SWPPP), the storm water multiple application and report tracking system (SMART), and low impact development (LID) requirements; and closing out the Project. • Provide construction planning, phasing, and scheduling during design and through construction completion. • Develop and maintain a Project schedule that incorporates all tasks and approvals of all involved parties necessary to complete the Project within the contract durations. • Provide preconstruction and construction quality assurance. The City utilizes Virtual Project Management Software (VPM), which the selected Design-Build Entity will be expected to use during Project performance. IV. CRITICAL DATES A. Submittal Due Dates: Prequalified Respondents may submit revised Proposals in the format specified in Section VIII below. Each shall be submitted in a sealed envelope or box identifying the Respondent’s name, contact information, and the RFP number. Completed Revised Proposals are due no later than Wednesday, June 28, 2017 at 10:00 a.m. Revised Proposals submitted after this time will not be accepted and will be returned unopened. Completed Revised Proposals shall be delivered to: City of Rocklin Office of the City Clerk 3970 Rocklin Road, Rocklin, CA 95677 B. Mandatory Pre-proposal Conference A mandatory pre-proposal conference was previously held. C. Tentative Selection Process Schedule: The procurement is expected to progress according to the following timeline, but the City reserves the right to change key dates and actions as the need arises: • June 13 – RFP Issued and uploaded to City’s web site www.rocklin.ca.us/bids-and-rfps • June 28 , 10:00 a.m. – Revised Proposals due • July 3 – Anticipated City Notice of Intent to Award • July 25 – Anticipated date of City Council action on award • August 1 – Anticipated construction start date V. ADDITIONAL INFORMATION AND REQUIREMENTS A. Communication and Site Access Regarding the RFP: Except as provided, communication with the City regarding the substance of the RFP or any Proposal, including without limitation communication with its Selection Committee or any City Council member, is prohibited. Notwithstanding the foregoing, potential Respondents may email questions related to this RFP, with the subject line of RFP to: Page 3 of 10 City of Rocklin Economic and Community Development Department 3970 Rocklin Road, Rocklin, CA 95677 Attn: Marc Mondell, Director of Economic & Community Development [email protected] Respondents are encouraged to submit questions regarding any ambiguity, uncertainty, or other perceived flaw in this RFP as soon as the issue is identified. Any such issue which is not raised prior to the deadline to submit Proposals shall be waived, and the City will not consider any challenge based on the contents, structure, or terms of this RFP after the Proposal deadline. The City shall not be obligated to respond to any question unless it is submitted in writing. The City shall be bound only by written responses to questions contained in an addendum to the RFP. Oral responses, or email responses, shall not be binding on the City. The City shall provide an appointed time to allow all potential Respondents to access the site for purposes of measurements, examination, and photographing. Any request for additional site access prior to the RFQ/P response deadline shall be requested in writing and, if granted, the City will provide access to all interested parties at the same time. B. Investigation of Respondent’s Qualifications: The City may investigate the qualifications of, and/or information provided by, all firms under consideration to confirm any part of the information furnished by the Respondents or any Respondent’s responsibility. Qualification of Respondents will be reviewed based on the previously submitted SOQ and the revised Proposal and any other information available to the City. The City reserves the right to request additional information at any time, which, in its sole opinion, is necessary to assure that the Respondent’s competence, number of qualified employees, business organization and financial resources are adequate to perform the required services for the City. C. Reservation of the City’s Rights: The City reserves the right to find any Proposal that is incomplete, not in the required format, or otherwise fails to respond to all requirements of this RFP to be non-responsive, and to give it no further consideration. The City reserves the right to waive any immaterial deviation from the requirements of this RFP. The City may request clarification and/or additional information from any Respondent. The City also reserves the right to cancel this RFP, modify any requirements contained within this RFP, request a revised Proposal from all Respondents and/or to reject all Proposals. Nothing in this RFP creates any obligation whatsoever, either express or implied, for the City to award any contract or for the City Council to approve any proposed contract award. D. Addenda: In its discretion, the City may, at any time, issue one or more addenda to this RFP revising or clarifying requirements of this RFP or the Project, which may include extending the date that Proposals are due and/or responding to questions about this RFP. The City will post any addenda to its website www.rocklin.ca.us/bids- and-rfps. Respondents are responsible for verifying that they have obtained all addenda. Each Respondent must, in its Proposal, acknowledge each addendum that has been issued. Failure to acknowledge any addendum in the Proposal may render the Respondent ineligible for award; unless the addendum does nothing other than extend the Proposal deadline. In no event shall the City be responsible for any failure of a Respondent to verify that it has received all addenda. E. Cost of Responding to the RFP: Each Respondent is responsible for all costs that it incurs in connection with responding to this RFP, including, without limitation, costs associated with preparing and submitting a Proposal and costs associated with responding to further inquiries from the City. The City will not reimburse any Respondent for any such costs or expenses, including any costs of attending or participating in any interview or confidential discussion. Page 4 of 10 F. Public Records: Information in the previously completed SOQ and/or previous or revised Proposal that is not a public record pursuant to the California Public Records Act (Chapter 3.5 or Division 7 of Title 1 of the Government Code, commencing with Section 6250) (“Act”) shall not be open to public inspection. Any trade secrets, proprietary financial information, or other information that a Respondent believes should be exempted from disclosure under the Act shall be specifically identified and marked as such. Blanket-type identification by designating whole pages or sections shall not be permitted and shall be invalid. The City will open and review responses privately to assure confidentiality and to avoid disclosure of the contents to competing Respondents prior to and during the review and evaluation process. However, upon notification of intent to award the design-build agreement, portions of the contents of the Proposals shall become subject to release to the extent required by the Act. After selection of the successful Proposal, the City reserves the right to use in the final design-build agreement concepts proposed by any Respondent, provided that such concepts do not alter the determination of the City about which Respondent provides the best value to the City. G. Non-Collusion Affidavit Each Proposal shall be accompanied by the Non-Collusion Affidavit in the form attached hereto as Exhibit F. VI. CONTRACT PARAMETERS A. Design-Build Agreement A copy of the Design-Build Agreement, with the General Conditions, is included as Exhibit G to this RFP. If a Respondent believes that significant potential cost savings or other benefits to the City are possible and wants to propose changes to the attached Contract Documents, including all exhibits and attachments, then the Respondent shall submit the suggested exception and additions no later than five (5) days before the deadline for revised Proposals. The City will not consider any requested changes to these Contract Documents after that date. Proposed changes, if any, shall be numbered and include the following information: 1. Contract Article(s) and Section(s) 2. Page number 3. Suggested alternate concept and language 4. Rationale and benefits to the City Respondent shall not include any price information with the above submittal. The City will share any approved changes to the Contract Documents with all Respondents. B. Public Works Registration and Prevailing Wages: Notice is hereby given that this project is a public works project within the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. The successful Design-Builder shall be required to pay its workers on this Project a sum not less than the general prevailing rate (applicable at the time of the RFQ/P posting date) of per diem wages and not less than the general prevailing rate for holiday and overtime work for work of a similar character in the locality in which the Project is performed, as provided under California Labor Code Sections 1726-1861. Copies of the prevailing rate of per diem wages are on file at the City of Rocklin, 3970 Rocklin Road, Rocklin, California 95677, and shall be made available to any interested party upon request. The prevailing wage rates may also be obtained on the Internet at http://www.dir.ca.gov/DIR/S&R/statistics_research.html. Refer to General Conditions Section 00700, Article 7. Respondents must be registered with DIR pursuant to Labor Code section 1725.5 by the due date for Proposals. Failure of a Respondent to be registered by that date will render its Proposal non-responsive and preclude award. The selected Design-Builder’s subcontractors, truckers and any suppliers and/or vendors subject to California’s prevailing wage laws are required to be registered with DIR pursuant to Labor Code section 1725.5 at the time of Proposal submittal for members of the design-build team, or by the bidding deadline for trade work awarded after award of the design-build agreement. Page 5 of 10 C. Skilled and Trained Workforce Requirements Compliance with Public Contract Code sections 22164(c) and 2600 et seq. is required for this Project. In accordance with those statutes, the City will not short list any Respondent or enter into any contract for the Project unless the Respondent provides the City, in a form acceptable to the City, an enforceable commitment that a) the Respondent and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the Project that falls within an apprenticeable occupation in the building and construction trades, and b) the Respondent will provide the City with a monthly report of its compliance with the skilled and trained workforce requirements. D. Subcontractors Subcontractors listed in the Proposal shall be entitled to the protections of Public Contract Code sections 4100- 4114, inclusive. As part of developing the Guaranteed Maximum Price, the Design-Builder shall establish pricing for trade and specialty work through a public competitive sub-bid selection process. The Design-Builder shall provide public notice of the availability of work to be subcontracted and provide a fixed date and time on which the subcontracted work will be awarded. The City encourages the participation of Rocklin-based subcontractors and Disabled Veteran Business Enterprises, and the Design-Builder will be expected to conduct outreach to encourage such businesses to submit bids on the trade work. The Design-Builder will provide the City with a copy of its bid advertisement and subsequent addenda if it changes the bid date. Subcontractors bidding on work shall be afforded the protections of Public Contract Code sections 4100-4114, inclusive. E. Budgets / Costs: The City will require an open book policy with the Design-Builder. The City, through itself or its authorized agents and consultants, expects to have access to design information, subcontractor/supplier information (bids, actual contracts, associated change orders and correspondence), value engineering back-up, contingency breakdown and tracking, general conditions breakdown and tracking, actual costs for bonds and insurance, and all of Design-Builder’s financial and cost records for the Project. F. Performance Security/Insurance The Respondent to whom the Design-Build Agreement is awarded shall deliver to the City a Performance Bond or other security satisfactory to the City in its sole discretion, and a Payment Bond in the forms attached hereto as Exhibits H and I, respectively. The successful Respondent will be required to obtain the insurance, including errors and omissions insurance, as set forth in Exhibit A to the Design-Build Agreement. At completion of the construction, the Design-Builder will be required to provide a Guaranty in the form attached hereto as Exhibit J. G. Non-Discrimination The City is an equal opportunity employer. The successful Respondent agrees that there shall be no discrimination against, or segregation of, any person, on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, in connection with or related to the performance of City contracts. H. Securities in lieu of Retention At the request and expense of the successful Respondent, eligible securities shall be accepted in lieu of retention payments to insure performance under the Contract, pursuant to California Public Contract Code Section 22300. Refer to General Conditions Article 12, Section 12.05. Said securities shall be deposited prior to the submission of the Design-Builder’s first progress payment application. I. Project Timing The City anticipates a Notice to Proceed with construction in August 2017, and Project completion in 2017. VII. PREQUALIFICATION PROCESS Previously completed. Page 6 of 10 VIII. SELECTION PROCESS The purpose of the revised Proposal is to enable the City to select the most qualified firm that provides the best value to the City and with whom the City will contract for completion of the design and construction of the adventure elements of the Project. A review and selection committee composed of key City officials and consultants will review and evaluate all revised Proposals based on the scoring criteria identified below. The City reserves the right, in its sole discretion, to cancel this RFP, issue a new RFP, reject any or all Proposals, seek or obtain data from any source that has the potential to improve the understanding and evaluation of Proposals, seek and receive clarifications to a Proposal, and waive any deficiencies, irregularities or technicalities in considering and evaluating the Proposals. The City encourages inclusion of Rocklin-based subcontractors where feasible and cost effective for the Project. In selecting the Design-Builder, the City reserves the right in its sole discretion to interview Respondents. The City shall not be bound by any comments or statements made in such confidential discussions, unless the City’s position is documented in a formal RFP Addendum. Factors the City will consider in determining which Proposal provides the best value to the City include: • Proposed design approach • Proposed construction approach • Life cycle costs over 15 years • Technical expertise • Construction expertise with similar projects • Skilled labor force availability • Acceptable safety record • Proposed construction timeframe • Price See Section VIII.A and B for a more detailed discussion of the criteria and scoring. A. Proposal Format and Content Submission of a Proposal signifies the Design-Builder’s careful examination of RFP documents and complete understanding of the nature, extent and location of the Work to be performed and commitment to a GMP within the City’s budget for the Project. The Proposal should be clear, concise, complete, well-organized and demonstrate the Proposer’s ability to follow instructions. Provide one (1) signed original Proposal (marked “original”) and four (4) copies, each in a three-ring binder, and two (2) pdf files in electronic form, each on a separate flash drive. In the event of any discrepancy between the hard copy and the pdf copies of the Proposal, the hard copy will control. The Proposal submission must include the following, fully completed documents: • Proposal • Price Proposal • Life Cycle Cost Analysis Data • Non-Collusion Affidavit • Subcontractor List (Exhibit K) All Proposals shall follow the order and format specified below. Please tab each section of the Proposal to correspond to the numbers shown below under “Body of Submittal.” 1. Submittal Cover Include the RFP’s title and submittal due date, the name, address, e-mail address, fax number, and telephone number of Respondent, including each member of the Design-Builder. Page 7 of 10 2. Table of Contents Include complete and clear listings of heading and pages to allow easy reference to key information. 3. Body of Submittal and Points The following sections should be included in the order listed Points 1. A cover letter signed by an officer of Respondent, or signed by another person with authority to act on behalf of and bind Respondent. Indicate contact person(s) for the 10 points Project. Acknowledge all addenda in the cover letter. The letter shall clearly indicate that the individual signing for the Respondent has carefully read and understands the requirements of this RFQ/P, and that the Respondent commits to comply with all provisions in the RFQ/P. 2. All issued addenda, signed and accepted. 10 points 3. A narrative report by each design discipline describing its proposed design philosophy with a descriptive narrative of, and the rationale for, the proposed architectural, structural, 10 Points mechanical, plumbing, electrical, and geotechnical systems, types of equipment, materials, finishes, site development, landscaping, etc. Diagrams and illustrations may be included. The rationale shall include initial costs, lifecycle costs, and life expectancy and maintenance considerations. Clearly indicate when a proposed design solution, product or system has been in service fewer than 10 years, and if the design solution, product or system has never been approved by the permitting authority(ies). 4. Initial design/construction schedule including key milestones such as, but not limited to (a) completion of each phase of design services, (b) approvals of the City, (c) approvals 20 Points of applicable agencies, (d) start of construction, (e) substantial completion of construction, and (f) final completion. A schedule showing substantial completion later than 2017 will receive reduced points. The City also will consider the realism of the schedule in scoring. 5. Information to facilitate the City’s analysis of the Project’s life-cycle costs over 15 years. 10 Points 6. Describe the DBE’s ability to mobilize to the Project and construct the Project within the 20 Points timeframe described herein. 7. An enforceable commitment that, if selected as the Design-Builder, the DBE and its subcontractors at every tier will use a “skilled and trained workforce,” as defined in Public Contract Code section 2601(d), to perform all work on the project that falls within an apprenticeable occupation in the building and construction trades. Mandatory 8. Certification by the DBE and its members under penalty of perjury under the laws of the State of California that the information provided in the Proposal is true and correct. Mandatory 4. Completed Fee Proposal, submitted in separate sealed envelope, clearly labeled as the Fee Proposal. B. Evaluation If the Design-Build Agreement is to be awarded, the City will award the Agreement to the Respondent whose Proposal is determined to provide the best value to the City. Best value will be assigned to the Proposal that scores the greatest number of points in accordance with the methodology described herein. Page 8 of 10 The City will evaluate each Proposal based upon the following factors, with the maximum number of points allocated to each factor as indicated in the Points Matrix below. FACTORS Maximum Points 1. Technical design and construction expertise 50 Points 2. Proposed approach 20 Points 3. Proposal “Body of Submittal” score (above) 80 Points 4. Price 50 Points TOTAL (Maximum) 200 points Points for “Technical design and construction expertise” shall be based on the previously submitted SOQ items 6 (key personnel), 7 (Contractor’s experience), 8 (Design firm’s experience), and 9 (Design-Build team experience). The sum of the SOQ scores assigned in those four categories shall be multiplied by .25 (25%) to obtain a score for purposes of evaluating the Proposal. Points for “Proposed approach” shall be based on SOQ item 10. The SOQ score assigned in that category shall be multiplied by .3 (30%) to obtain a score for purposes of evaluating the Proposal. Points for “Price” will be awarded as follows. The lowest total price in the fee proposal will receive 50 points. Any price within 10% of the lowest price will receive 40 points. Any price more than 10% and up to 20% higher than the lowest price will receive 30 points. A price more than 20% and up to 30% higher than the lowest price will receive 20 points. A price more than 30% and up to 40% higher than the lowest price will receive 10 points. Any price more than 40% higher than the lowest price will receive 0 points. In the event of a tie in the total number of points awarded to the Design-Builders, the Proposal that, in the City’s sole discretion, is determined to provide a superior design and construction solution with regard to sustainability, efficiency, and environmentally-friendly materials, systems and processes as compared to the other Proposal(s) receiving a tied score, shall be considered to provide the best value to the City. C. Selection of Design-Builder Upon completion of the City’s evaluation of all Proposals, the City shall rank responsive Proposals in accordance with the evaluation criteria set forth above, from the most advantageous (best value) to the least advantageous to the City. The award of the Design-Build Agreement, if any, shall be to the Respondent whose Proposal is determined to be the best value to the City. If the City elects to proceed with contract award, then the City shall issue a Notice of Intent to Award the Design- Build Agreement, identifying the scores and ranking of the Respondents submitting Proposals, including the Respondent determined to offer the best value to the City. The Notice of Intent to Award also shall specify the date and time of the public meeting at which the City Council is expected to consider the recommended award to the Respondent offering the best value. The Notice of Intent to Award shall be posted to the City website and provided to all Respondents that submitted Proposals. The Respondent identified as offering the best value shall return the executed Design-Build Agreement to the City within five (5) days of receipt of the Notice of Intent to Award. The Design-Build Agreement shall not be valid unless and until approved by the City Council. Within ten (10) days of approval of the award of the Design-Build Agreement by the City Council, the successful Design-Builder shall provide to the City certificates of all required insurance. If the selected Respondent fails to execute the Design-Build Agreement and/or provide the required insurance within the time required, then the City may, in its sole discretion, revoke any award and award the Agreement to the second-highest ranked Respondent. If the second-highest ranked Respondent thereafter fails to execute the Design-Build Agreement and/or provide the required insurance within the time required, then the City may, in its sole discretion, revoke any award and award the Design-Build Agreement to the third ranked Respondent. D. Protest Procedures (New Provision) Page 9 of 10 Any protest of the proposed award of Design-Build Agreement to the Respondent offering the best value must be submitted in writing to the City Clerk of the City of Rocklin no later than 5:00 p.m. on the fifth (5th) business day following the issuance of the Notice of Intent to Award Design-Build Agreement. Any protest submitted after this deadline shall be untimely. The written protest shall be accompanied by a Protest Fee of $500.00 via certified cashier’s check made payable to “City of Rocklin” to reimburse the City’s costs in reviewing and investigating the protest in the event that the protest is ultimately determined to be without merit. For protests in which the protester prevails, the Protest Fee shall be returned in full. Any untimely protest or protest submitted without the requisite Protest Fee will be grounds for denial or rejection of the protest. The protest must contain a complete statement of the basis for the protest and must state the facts and refer to the specific portion of the document or the specific statute that forms the basis for the protest. The protest must include the name, address, and telephone number of the person representing the protesting party. The party filing the protest must concurrently transmit a copy of the protest to the Respondent who is the subject of the protest. Any party filing a protest must have actually submitted a Proposal to the City of Rocklin on this project. Protests received from parties that have not submitted a Proposal on this project shall not be considered on the grounds that the party lacks standing to protest the proposed award. A subcontractor of a party filing a Proposal on this project may not submit a protest. A Respondent may not rely on the protest submitted by another Respondent, but must timely pursue its own protest. The procedure and time limits set forth in this Section are mandatory and are the Respondent’s sole and exclusive remedy to challenge the sufficiency of the award. The Respondent’s failure to fully comply with these procedures shall constitute a waiver of any right to further challenge or object to the sufficiency of an award of Agreement, including filing of a challenge of the award pursuant to the California Public Contracts Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings. The City Council shall consider all timely protests prior to formal award of the Design-Build Agreement, and either accept the protest and award the Agreement to the next highest-ranked Respondent, or reject the protest and award to the highest-ranked Respondent. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all Proposals. The City Council reserves the right to waive any Proposal irregularities not materially affecting the amount of the Proposal, except where such waiver would give a Respondent an advantage or benefit not allowed other Respondents. END OF RFP Page 10 of 10