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HomeMy WebLinkAbout20-Parks & Recreation e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Kevin Hawkins, Director Subject: Resolution authorizing execution of a Vendor Service Agreement and a purchase order to Parkwest Construction Co. for the purchase and installation of synthetic turffor the soccer field at Nunez Park. Dept: Parks, Recreation & Community Services Dept. Date: August 14,2007 MlCC Meeting Date: Sept. 17, 2007 Synopsis of Previous Council Action: Project was approved in CIP for 2005/06 Recommended Motion: Adopt Resolution. Signature "'---..J Contact person: Dan Ustation Phone: 5031 Supporting data attached: yes FUNDING REQUIREMENTS: Ward: 1 Amount: $ 481,000 Source: (Acct. No.) 243-363-5504-7562 (A("'{'f Op(:rnptinn) P~rJc rnnC:fnlf"f;nn J;'nnt1 Finance: Council Notes: Agenda Item No. a...o q I J 7 / D7 e CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a Vendor Service Agreement and a purchase order to Parkwest Construction Company for the purchase and installation of synthetic turf for the soccer field at Nunez Park. Background: The Parks, Recreation and Community Services Department received a Youth Soccer and Recreation Development Grant from the State of California on January I, 2006. Nunez Park was recommended for renovation of the playing surface with synthetic turf. For several years the soccer field has been without adequate turf. The soccer field experiences heavy play by organized soccer leagues and weekend use. Attempts to maintain the turfwere hampered by rodent infestation and irrigation problems. The leagues were concerned that players may be injured playing on turf with numerous gopher mounds and an unlevel playing surface. The irrigation system was inadequate, making it difficult to keep the turf green and suitable for team sports. e The soccer field is used by two (2) soccer groups, Genesis and Nation United, who reserve the field through the Recreation Division. The field is used by these soccer groups from February through October. The field has lights which allows soccer leagues or other organizations the opportunity to use the field during the evening hours. Installing synthetic turf on the soccer field at Nunez Park will restore it to its original condition, eliminate the blighted appearance of the field and increase the quality of play for soccer participants and other youth/adult sport leagues. The Parks, Recreation and Community Services Department prepared the appropriate specifications and the Purchasing Division of the Finance Department published and furnished contract bid documents to vendors. Contract bid documents were advertised in The Sun Newspaper and the City Web page. The job walk was conducted on September 14,2006. Bids were publicly opened and declared on October 16, 2006. The following is a summary of bids received: Parkwest Construction - Redlands, CA. Turf Technologies, Inc. - Escondido, CA. $ 481,000.00 $ 488,000.00 The following companies attended the mandatory job walk but failed to submit a proposal. e Company Sprinturf Asphalt, Fabric & Engineering ASR Constructors, Inc. San Diego Grading City Carlsbad Signal Hill Riverside Escondido e This project was delayed due to the large volume of pending projects. Parkwest Construction submitted documentation dated August 23, 2007 to the Parks, Recreation and Community Services Department stating that they will honor the original bid proposal for thirty days from the August 23, 2007 date. Following execution of the Agreement, it is anticipated that the synthetic turf installation will be completed by the end of January 2008. Financial Impact: Funding in the amount of$375,000 has been awarded for this project from the California Youth Soccer and Recreation Development State Grant, and funding in the amount of$106,000 is available from the Proposition 40 Per Capita State Grant. This project has been included in the Fiscal Year 2007-08 CIP budget. Recommendation: Adopt Resolution e e e e e 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY I OF SAN BERNARDINO AUTHORIZING EXECUTION OF A VENDOR SERVICE AGREEMENT AND A PURCHASE ORDER TO PARKWEST CONSTRUCTION COMPANY FOR THE PURCHASE AND INSTALLATION OF SYNTHETIC TURF FOR THE SOCCER FIELD AT NUNEZ PARK. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Parkwest Construction Company is the lowest and best responsible bidder for the purchase and installation of synthetic turf for the soccer field located at Nunez Park for a total of $481 ,000. Pursuant to this determination. the City Manager is hereby authorized to execute a Vendor Service" Agreement, attached hereto and labeled "Exhibit A". and the Director of Finance or hislher designee is authorized to execute a purchase order to Parkwest Construction Company in the amount of $481.000; all other quotations are hereby 14 rejected. ] 5 SECTION 2. The authorization to execute the above referenced Vendor Service ]6 17 18 Agreement is rescinded ifit is not executed by both parties with sixty (60) day of the passage of this Resolution. 19 1// III III III III III III e e e 16 17 18 19 20 21 22 23 24 25 26 By: 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A VENDOR SERVICE AGREEMENT AND A PURCHASE ORDER TO PARKWEST CONSTRUCTION COMPANY FOR THE PURCHASE AND INSTALLATION OF SYNTHETIC TURF FOR THE SOCCER FIELD AT NUNEZ PARK. 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY 14 KELLEY 15 JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2007. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: James F. Penman, City Attorney . VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this _ day of 2007, by and between Parkwest Construction Company ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to acquire and install synthetic turf and related items and services; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors for the purchase and installation of synthetic turf and related items and services; and e WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and authorized by the City of San Bernardino to provide such synthetic turf installation and related items and services. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the servIces of VENDOR to provide those products and services as set forth in Attachment "A", "Technical Specifications RFP P-07-07 Synthetic Turf for Nunez Park Soccer Field", and Attachment "B", "Addendum No.1 to Request for Proposal (RFP) F-07-07", attached hereto and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. e a. For the services delineated above, the CITY, upon presentation of an C:\Documents and Sellings\Diane Roth.SBCAWIN2K\Local Sellings\Temporary Internet Files\OLK12EIRev 9-7- 07Vendor Service Agreement- Parkwest Construction Synthetic turf.doc; September 7, 2007;KF:ldl . InVOICe, shall pay the VENDOR the amount of $481,000 for purchase and installation of synthetic turf at Nunez Park Soccer Field. b. No other expenditures made by VENDOR shall be reimbursed by CITY, 3. SEVERABILITY. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. INDEMNITY. CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. . VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. 5. INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile . liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk C:IDocuments and Settings\Diane Rolh.SBCAWIN2K\Local SettingslTemporary Internet FileslOLK12EIRev 9-7- 07Vendor Service Agreement - Parkwest Construction Synthetic turf.doc: September 7, 2007:KF:ldl . . . L Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. C:IDocuments and SellingslDiane Roth.SBCAWIN2K\Local SellingslTemporary Internet FileslOLK12EIRev 9.7. 07Vendor Service Agreement - Parkwest Construction Synthetic turf.doc: September 7. 2007:KF:ldl e 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Director of Parks, Recreation and Community Services 547 No. Sierra Way San Bernardino, CA 92410 Telephone: (909) 384-5233 TO THE VENDOR: Parkwest Construction Company 720 N. Eureka Redlands, CA. 92373 10. ATTORNEYS' FEES e In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assIgn, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void e and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR C:IDocuments and SettingslDiane Roth.SBCAWIN2K\local SettingslTemporary Internet FileslOlK12EIRev 9-7- 07Vendor Service Agreement - Parkwest Construction Synthetic turf.doc: September 7, 2007;KF;ldl e of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. e This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convemence only and shall not. affect the construction or the interpretation of any of its provIsions. 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. III e III C:IDocuments and SettingslDiane Roth.SBCAWIN2K\Local SettingslTemporary Internet FileslOLK12EIRev 9-7- 07Vendor Service Agreement - Parkwest Construction Synthetic turf.doc; September 7. 2007;KF:ldl e VENDOR SERVICE AGREEMENT between Parkwest Construction Company and the City of San Bernardino IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2007 VENDOR. By: Its: e Dated ,2007 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: James F. Penman, City Attorney e C:IDocuments and SettingslDiane Rolh.SBCAWIN2KILocal SettingslTemporary Internet FileslOLK12EIRev 9-7- 07Vendor Service Agreement- Parkwest Construction Synthetic turf.doc: September 7. 2007:KF:ldl e e e Attachment A City of San Bernardino Technical Specifications RFP P-07-07 Synthetic Turf for Nunez Park Soccer Field " ITEM DESCRIPTION NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: ," Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements when not acceptable, State "Acceptable" ifrequirements are agreeable as set forth on left-hand column. Equipment: Bidder shall complete right hand column indicating specific size and/or make and model of all components when not exactly as specified, State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID " GENERAL REOUlREMENTS Acceptable I as specified This project will consist of a design for a new synthetic turf soccer field for Nunez Park located at 1717 W. 5th Street, San Bernardino, CA. 924tJ8 SCOPE OF WORK 1. The work. consists of design, furnishing labor, tools, excavation, grading, machinery, warranty, material and processed required to complete the rubber in-filled synthetic turf field. 2. Obtain and pay for all required construction and environmental permits and all inspections required by Local and State authorities. EXPERIENCE AND QUALIFICATIONS 1. Contractor and manufacturer must submit proof that they have a minimum of three- (3) e e e consecutive year's experience in the manufacture and installation of all-rubber in-fill synthetic turf field systems. The contractor must have a minimum of eight (8) full sized (65,000 sq. ft. or more) outdoor fields of similar type, size and scope as this project. Submit at least five (5) references of completed projects. 2. The contractor must have a Class "A" license. 3. Provide two (2) 12"x 12" boxed synthetic turf mock-ups representing the exact system and material which will be installed on the project. 4. Provide synthetic turf samples, complete with backing. SEAM INSTALLATION I. Turf sections are bonded together in parallel segments across the entire width of the playing surface. Bonding is achieved with a specially formulated adhesive and lap joint structural bonding fabric. DRAINAGE SYSTEM I. Inside the existing perimeter is located a perimeter drainage system coupled to a main storm drain exit. Perimeter drainage trench is to have a width of2 ft. and a minimum depth of 4 ft. 2. Drainage-trench is isolated from the surrounding soil by use of a non-woven polymer membrane. 3. Trench shall have a drainage slope of .5% minimum. 4. Drainage piping is permeable 8" Styrene or PVC piping is encased in a volume of 0/." crushed rock with minimum fines. TURF ATTACHMENT e 1. The polymer composite lumber is used and will serve as the attachment surface for the turf. 2. Turf is attached directly to the composite mailer utilizing galvanized fabric studs placed at 10" intervals. OPERATING PERFORMACE 1. Shock attenuation Gmac (per ASTM F-355 standard test method) will be 115-125 maximum when installed. 2. Gmac performance shall not exceed 135 during the life of the warranty. 3. Blade and in-fill dimensions, appearance and surface texture/feel will be uniform with no evidence of seams. INSPECTIONS , e 1. Upon completion, the contractor will conduct a thorough inspection and walk-through with Park Superintendent. 2. Contractor will provide a calibrated test of the Gmac attenuation performance to the park Superintendent at the completion of the installation of the synthetic turf. RESPONSIBILITY 1. The contractor shall be responsible for all work to be performed under this contract. No sub- contractor shall relieve the contractor of his liability to complete the project. 2. The contractor shall at all times protect his work from damage and theft and replace all damage or stolen parts at his expense until the work is accepted in writing by the City. e 3. The contractor shall protect the City's property from iniurv or loss. All damage to existing e e e property (buildings, utilities, irrigation system, fencing, trees and turf) caused by the contractor during his operation or as a result of the malfunction of installed work during the guarantee period shall be repaired at his expense to. a like new condition. 4. All areas within the construction zone shall be cordoned off with a 6' fence to prevent all non-.. construction pedestrian traffic. WARRANTY I. The manufacturer's warranty shall include general wear and damage caused from UV degradation. 2. The turf contractor shall provide a warranty to the City that covers defects in the installation workmanship and further warrant that the installation was done in accordance with both the manufacturer's recommendations and any written directives of the manufacturer's onsite representative. ,.. 3. All turf warranties shall be NON-PRORATED and limited to repair or replacement of the affected areas, at the option of the manufacturer and shall include all necessary materials, labor, transportation costs, etc. to complete said repairs. All warranties are contingent on the full payment by the City of all pertinent invoices. 4. Turf manufacturer must provide an eight- (8) year, up-front ~epaid, non-prorated warranty. S. Prior to final acceptance of the project, submit an executed copy of the warranty documents and two (2) additional copies of the maintenance manuals. The manuals shall include all of the necessary instructions for the proper care and preventive maintenance of the synthetic turf system, including but not limited to cleaning, brushing, and top- dressing with additional in-fill material. MATERIAL SPECIFICATIONS e 1. The synthetic turf system consists ofpolyethylene fibers tufted into a fibrous, non-perforated, porous backing formulated for high use athletic sports activity as manufactured by Thiolon or equivalent. 2. Turf shall be furnished in IS-foot wide rolls. ~e turfs primary backing shall be a double-layered polypropylene fabric treated with IN inhibitors. The secondary backing shall consist of Dura Flo or equal. Perforated (with punchholes) backed turf and lor turf stitched thr6ugh the secondary backing shall not be acceptable. a. b. c. d. \ e. ~ f. Pile weight tufted a minimum of 44 ounces Finish pile heights (tufted) 2 Yo" - 2 3/8" high. Color - green with white stripes Tufting gauge is 3/8" Yam size 10,000 Denier monofilimenf ./ Total p"rodilct weight per "sq. Off" is 62 or greater. e IN-FILL ",\ 1. The infill material shall be approved by the manufacturer. The in-till shall be styrene buladiene rubber (SBR) rubber crumb. In-fill rubber must be completely free of all toxins and metals. 2. Rubber particle size is 10 -14 standard mesh gages. In-fill depth is 1.75" resulting in a .5" to .75" standing (exposed) blade height. 3. The in-fill materials shall be installed to fill the voids between the fibers and allow the fibers to remain vertical. 4. The use of automated machinery at a specified density to achieve optimum cushioning and response. 5. In-fill material is machine brushed into the turf to achieve uniform thickness, density and to secure the material in place within the blade. e I ACCEPTABLE I AS SPECIFIED Attachment B e San Bernar ,'no ... October 9, 2006 , " ADDENDUM #1 TO Request for Proposal (RFP) F-07-07 Notice is hereby given that the following is incorporated as an addendum to the Request for Proposal (RFP) F-07-07, Synthetic Turf for Nunez Park Soccer Field It has come to our attention that.. e The following list shall be added to the Technical Specifications for the Proposal. 01) Is there a requirement for a 6" x 12" perimeter curb around the field? If yes, does this concrete curb include rebar for reinforcement? A 1) The curb and rebar is required. 02) Is there an exit point for drainage that connects to a storm drain? A2) Yes. Development Services is working on the size and depth of the pipe. 03) Can the field be raised slightly from the existing elevation? A3)Yes 04) Is this project prevailing wage? A4) Yes 05) Is Denier fiber required? e AS) Specifications require 1 O,OOO-denier product. e e e 06) Is a sample required? A6) Yes, a sample of the.turf will be required for testing. The product will be tested onsite when the bid is awarded. 07) Is there a designated place for excess dirt to be moved? A7) Excess dirt may be moved to a designated area within the City. Closing Date: The new due date is Monday, October 16, 3:00 PM. Proposals must be submitted at or before 3:00 PM at City Hall, Finance Department - Purchasing Division, 300 N. "0" Street, 4th Floor. Sincerely, Sheila A. Futch Purchasing Division " e e e C. D. I. INSTRUCTIONS TO CONTRACTORS A. Mandatory Job Walk There will be a Mandatory JobWalk at 9:00 AM, Thursday, September 14, 2006, at Nunez Park located at 1717 W. 5th St., San Bernardino, 92408. Proposals will only be accepted from those who have attended the job walk. B. Examination of Proposal Documents 1. By submitting a proposal, the Contractor represents that it has thoroughly' examined'and become familiar with the work required under this RFP and that it is capable of performing quality work to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFP's, for an undetermined period of time, the name of any Contractor for failure to accept a contract, failure to respond to two (2) consecutive RFP's and/or unsatisfactory performance. Please note that a "No Offer" is considered a response. Addenda Any City changes to the requirements will be made by written addendum to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instruction. Clarifications 1. Examination of Documents Should an Contractor require clarifications of this RFP, the Contractor shall notify the City in writing in accordance with Section 0.2 below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the matter which will be sent to all persons who have requested the RFP. 2. Submittina Reauests a. With the exception of oral questions asked at any pre-proposal conferences, all questions, clarifications or comments shall be put in writing and must be received by the City no later than September 19, 2006, and be addressed as follows: e e e m -l City of San Bernardino Attn: Sheila A. Futch 300 North "0" Street, 4th floor San Bernardino, CA 92418-0001 b. The exterior envelope of all requests for clarifications, questions and comments must be clearly labeled, "Not an Offer:' The City is not responsible for failure to respond to a request that has not been labeled as such. '. The City will also accept questions sent by facsimile machines; however, all faxed questions must be received by the City no later . than the date and time specified above. Send facsimile transmissions to (909) 384-5043, attention Sheila A. Futch. c. Inquiries received after September 19, 2006, will not be accepted. 3. City Responses Responses from the City will be communicated in writing to all recipients of this RFP, and will be postmarked no later than September 21, 2006. E. Submission of Proposa~s 1. Oate and Time All proposals are to be submitted to City of San Bernardino, Attention: Sheila A. Futch. Proposals received after 3:00 PM, September 28, 2006, will be rejected by the City as non-responsive. 2. Address Proposals shall be addressed as follows: City of San Bernardino Altn: Sheila A. Futch 300 N. "0" Street, 4th floor, San.Bernardino, CA .92418. Proposals may be delivered in person to the Purchasing Department, 4th floor of the above address. 3. Identification of Proposals Contractor shall submit a proposal package consisting of: a) a signed original e e e G. b) two (2) copies of its proposal, and c) a completed and signed Price Form in a sealed envelope, separate from the proposals, marked "Price Form", The proposal package shall be addressed as shown above, bearing the Contractor's name and address and clearly marked as follows: "RfP P-07-07: Synthetic Turf for Nunez Park Soccer Field" 4, Acceptance of Proposals a. The City reserves the right to accept or.reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. . b. The City reserves the right to withdraw this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any Contractor responding to this RFP. c. The City reserves the right to postpone proposal opening for' its own convenience. F, Pre-Contractual Expenses Pre-contra;;wal expenses are defined as expenses incurred by the Contractor in: 1 . Preparing its proposal in response to this RFP; 2. Submitting that proposal to City; 3. Negotiating with City any matter related to this proposal; or 4. _ Any other expenses incurred by the Contractor prior to date of award, if any, of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Contractor in the preparation of its proposal. Contractor shall not include any such expenses as part of its proposal. Contract Award Issuance of this RFP and receipt of proposals does not commit the City to award an AgrElement. The City reserves the right to postpone proposal opening for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with other than the selected Contractor{s) should negotiations with the selected Contractor{s) be terminated, to negotiate with e e e more than one Contractor simultaneously, or to cancel all or part of this RFP. Selection of a winning response mayor may not be on an all or nothing basis. The City reserves the option to make award(s) as it deems to be in the best interest of the City. The City also reserves the right to apportion the award amona two or more Contractors. H. Acceptance of Order The successful Contractor will be required to accept a Purchase Order and/or a written Agreement in accordance with and including as a part thereof the published notice.of Request for Proposals, including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order and/or Agreement. "