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RREEQQUUEESSTT FFOORR PPRROOPPOOSSAALL
RRFFPP ##2200--2211--4499
Request for Proposal (RFP) for
Annual Contract for Community Forest Maintenance
PPrrooppoosseerr CCoonnffeerreennccee:: Two mandatory conferences will be held at City Hall, 707 West Acequia, Visalia, CA, in the City’s Council Chambers. Conferences have been scheduled as follows:
August 10, 2021 @ 10:00 a.m. and
August 12, 2021 @ 2:00 p.m.
Attendance at one of these meetings is required in order to submit a proposal in response to this RFP. This is an opportunity to ask questions reg arding the program and the Request for Proposal requirements.
SSuubbmmiittttaall:: One (1) unbound original and four (4 ) copies must be received on or before : 2:00 p.m. on August 31, 2021.
Addressed to: Purchasing Division
707 W. Acequia
Visalia, CA 93291
Addressed from: Proposer’s Name & Mailing Address
Mark envelope: RFP No. 20-21-49
Community Forest Maintenance
IInnqquuiirriieess:: Please direct questions for clarification of this bid document to the Purchasing Division by phone at (559) 713 -4334, Fax (559 ) 713 -4802, or email [email protected]. All questions must be received on or before August 20, 2021.
PUBLIC WORKS PROJECT: Notice is hereby given that this is a Public Wor ks Project. In compliance wit h SB854 and Labor Code Section 1725.5, all contractors and subcon tractors (including Consultants and Sub - Consultants) bidding and performing work on Public Works Projects must be currently registered with the California Depart ment of Industrial Relations ( DIR) and furnish electronic payroll records to the Labor Commissioner.
Annual Contract for Community Forest Maintenance
RFP No. 20-21-49
CITY OF VISALIA, CALIFORNIA
REQUEST FOR PROPOSAL
RFP 20-21-49
SEALED PROPOSALS will be received by the Purchasing Division located at 707 W est Acequia, Visalia, CA 93291, until 2:00 P.M., August 31, 2021 for:
Annual Contract for Community Forest Maintenance
Mandatory proposal conference s will be held on Tuesday, August 10, 2021 @ 10:00 a.m. and Thursday, August 12, 2021 @ 2:00 p.m. Both c onferences will be held at City Hall, located a t 707 West Acequia, Visalia, California 93291, in the City Council Chambers. Attendance at one of these meetings is required in order to submit a proposal in response to this RFP.
Contract documents may be obtained by contacting the office of the Purc hasing Division at (559) 713- 4334, by FAX (559) 713-4802 or visiting the website at visaliapurchasing.org.
Notice is hereby given that this is a Public Works P roject. In com pliance with SB854 and Labor Code Section 1725.5, all contractors and s ubcontractors (including Consultants and Sub -Consultants) bidding and performing work on Public Works Projects must:
1. Be currently registered with the California Department of Industrial Relations (DIR)
2. Furnish electronic payroll records for new projects to the Labor Commissioner.
Consultant will be required to furnish the City of Visalia with their DIR registration number. No contract will be awarded unless that contracto r and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors or list unregistered subcontractors will be rejected as non-responsive.
Consultant must comply with State and Federal Regu lations that apply to this contract, including Prevailing Wage requirements as applicable. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per di em wages as determined by the Director of the Ca lifornia Department of Industrial Rela tions. The standard that results in greater wages and benefits shall prevail.
The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submi t proposals in response to this notice.
Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religion, color, national o rigin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract.
The right is reserved by the Cit y of Visalia to reject any or all prop osals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.
Publication Dates: July 27, 2021
August 3, 2021
Annual Contract for Community Forest Maintenance
RFP No. 20-21-49
TABLE OF CONTENTS
TITLE PAGES
I. Definitions........................................................................................................................................................ 4 II. Introduction ..................................................................................................................................................... 4 A. Information ...............................................................................................................................................4 B. Purpose and Objective ..............................................................................................................................4 C. RFP/Agreement Schedule .........................................................................................................................5 III. Scope of Services .............................................................................................................................................. 5 A. Required Product ......................................................................................................................................5 B. Services of the Consultant .........................................................................................................................5 C. Consultant Responsibilities .......................................................................................................................5 D. City Responsibilities .................................................................................................................................12 IV. Proposal Content and Format Requirements .................................................................................................. 12 A. General Information ................................................................................................................................12 B. Proposal Project Approach ......................................................................................................................12 C. Staff Qualifications and Related Experience ...........................................................................................12 D. Proposed Fee Structure and Schedules ...................................................................................................14 E. Conflict of Interest...................................................................................................................................15 V. Consultant Selection Procedure ..................................................................................................................... 15 A. Criteria .....................................................................................................................................................16 B. Background Check ...................................................................................................................................17 C. Award of Contract ...................................................................................................................................17 VI. Examination of Contract Requirements & Acceptance of Proposal Content ................................................... 17 A. Withdrawal of Proposals .........................................................................................................................18 B. Rejection of Proposals .............................................................................................................................18 C. Evaluation/Award of Contract .................................................................................................................18 VII. Measurement & Payment ............................................................................................................................. 19 A. Billing & Payments ..................................................................................................................................19 B. City’s Right to Withhold Certain Amounts ..............................................................................................19 C. Contract Price Adjustments.....................................................................................................................19 VIII. General Conditions ....................................................................................................................................... 19 A. Important Notice .....................................................................................................................................19 B. DIR Requirements, Public Works Contractor Registration Program & Project Labor Agreements .........20 C. City of Visalia Labor Compliance Manual ................................................................................................20 D. Legal Responsibilities ..............................................................................................................................20 E. Permits and Licenses ...............................................................................................................................20 F. Bonds .......................................................................................................................................................21 G. Insurance .................................................................................................................................................21 H. Assignment of Contract ...........................................................................................................................22 I. Documents/Data .....................................................................................................................................22 J. Termination of Contract ..........................................................................................................................23 K. Right To Require Performance ................................................................................................................24 L. Ethics in Public Contracting .....................................................................................................................24 M. Independent Contractor ..........................................................................................................................24 N. Equal Employment Opportunity ..............................................................................................................24 O. Venue ......................................................................................................................................................25 P. Proprietary Information ..........................................................................................................................25 Q. Incurring Costs .........................................................................................................................................25 R. Firearms Prohibited .................................................................................................................................25
Non-Collusion Affidavit
Workers Compensation Insurance Certificate
Equal Employment Opportunity Compliance Certificate
Bidder’s Statement on Previous Contracts Subject to EEO Clause Ownership Disclosure
Americans With Disabilities Act Compliance Certificate
Drug-Free Workplace Certificate
Sample Contract
Attachment #1: Prevailing Wages
Attachment #2: Labor Compliance Manual
Annual Contract for Community Forest Maintenance
RFP No. 20-21-49
II.. DDEEFFIINNIITTIIOONNSS
For the purposes of this RFP NO. 20-21-49, the following terms shall have the meanings indicated:
1. “City” means the City of Visalia
2. “City Council” means the Council of the City of Visalia
3. “Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout thi s invitation to mean the per son, firm, or corporati on or other entity submitting a Bid in response to the Request for Bid.
4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Proposal.
5. “RFP” means Request for Proposal No. 20-21-49.
IIII.. IINNTTRROODDUUCCTTIIOONN
A. Information
The City of Visalia is requesting proposals from qualified contractors holding C-27 and C-61/D-49 contractor’s license s to provide all labor, tools, materials and supplies for annual services for maintenance, removal and replacement of trees as needed.
The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and wit h the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods.
To encourage loc al v endor participation, five (5 ) p oints will be given to proposals submitted by local vendors. A local vendor is any business whose physical business address has been located in Tulare County for the past six months. A P.O. Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.
Mandatory proposal conference s will be held on Tuesday, August 10, 2021 at 10:00 a.m. and Thursday, August 12, 2021 @ 2:00 p.m. Both conferences will be held at Ci ty Hall, located at 707 W.
Acequia, Visalia, CA 93291, in the Council Chambers . Attendance at one of these meetings is re quired in order to submit a proposal in response to this RFP. This is an opportunity for Proposers to ask questions about the program and the Request for Proposal requirements.
One (1) un bound original and four (4) copie s of the proposal are to be submit ted to the Purchasing Division, located at 707 W. Acequia, Visalia, CA 93291, on or before August 31, 2021 at 2:00 p.m.
This Request for Proposals is being issued by the City of Visalia Purchasing Department on behalf of the Parks and Urban Forestry Division. Unless otherwise directed, all communications r egarding this Request for Proposals should be directed to the Purchasing Division at ( 559) 713 -4334 or fax (559) 7 13-4802.
However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].
Any revisions to the Re quest for Proposals will be issu ed and distributed as a ddenda. Proposers are specifically directed not to contact any othe r City personnel for meetings, conferences or techn ical discussions relat ed to this Request for Proposal . Fai lure to adhere to this po licy may be grounds for rejection of proposals.
B. Purpose, Objective and Services to be Provided
Visalia is located east of State Highway 99 and along State Highway 198. Th e City’s population is approximately 139,000. Its incorporated area covers approximat ely 36 square miles. The purpose of this maintenance co ntract is to provide t he City o f Visalia with the best possible t ree care to maintain the City's Community Forest at a level expected by the City’s residents, City Council, Cit y staff, and visitors of the community. The selected firm will work closely with the Project Manager and other City staff to insure the most appropriate care and maintenance of the City’s Communi ty Forest with sensitivity to the City of Visalia, it's residents and visitors.
Annual Contract for Community Forest Maintenance
RFP No. 20-21-49
C. RFP/Agreement Schedule
Event Date of Event
RFP Available to the public ........................................................................................................ July 27, 2021 Proposer Conference at 707 W. Acequia Ave. @ 10:00 a.m. .............................................. August 10, 2021 Proposer Conference at 707 W. Acequia Ave. @ 2:00 p.m. ................................................ August 12, 2021 Deadline for Written Questions ............................................................................................. August 20, 2021 RFP due at 2:00 pm at 707 W Acequia ............................................................................... August 31, 2021 Short list established and vendors notified .................................................................... September 10, 2021 Interviews/Presentations with short-listed vendors (if required) .................................... September 17, 2021 Award of Contract @ City Council Meeting ................................................................... September 20, 2021 Contract Begins ..................................................................................................................... October 1, 2021
Italicized items and dates are at the City’s option. The Ci ty reserves the right to award con tract solely on the basis of proposal content.
IIIIII.. SSCCOOPPEE OOFF SSEERRVVIICCEESS
A. Required Product
A healthy Community Forest maintained to City standards per the Scope of Work as noted in this RFP.
B. Services of the Consultant
The City of Visalia will require the con sultant to perform the tasks detailed below and in the Introductory Section so that the contract will be completed by the end of the twelve (12) month contract period.
C. Consultant Responsibilities
The proposal submitted i n response to this RFP shall inclu de a detailed scope of work and schedule consistent with the purpose and objective of the project identifie d in the Introduction Section and as follows.
1. It shall be understood that t he Contractor will be required to pe rform and complete the proposed landscape and/or tree maintenance work in a thorough and professional manner, and to provide all labor, tools , equipment, materials and suppli es necessary to complet e all the work in a tim ely manner that will meet the City’s requirements. It is the responsi bility of the Contractor to provide storage for all materials, tools, equipment an d vehicles. Contractor shall be required to perform the following tree maintenance activities at various sites throughout the City:
a. Update Tree Inventory
b. Tree trimming
c. Tree removal
d. Tree planting
e. Clean up and disposal and/or recycling of generated green waste f. Root pruning and root barrier installation
g. Milling of lumber from removed trees when directed
h. Tree inventory update and management
i. Software installation (if directed) – specifics on # users, type, etc. j. Small tree care
k. Arborist Tree Evaluation Report
l. Project Manager Meetings
m. Traffic Control Plans
n. Equipment Rental
o. Tree Watering
2. Project Initialization
Upon contract award, the successful bidder shall be required to provide a complete update of the City’s tree inventory. The tr ee inventory data shall confirm t he existing tree invent ory database and include but not be limited to the following data fields:
Annual Contract for Community Forest Maintenance
RFP No. 20-21-49
a. Species.
b. Size, including DBH, canopy height and canopy spread. c. Condition.
d. No Parking dates and times (where applicable).
e. Presence of overhead power lines.
3. Annual Pruning Program
Contractor shall submit a re commended annual pruning program. Bid proposal shall provide suggested time schedule s, personnel and vehicles that would be req uired to complete the ann ual pruning schedules. Dependi ng on the City’s current and future pruning needs the recommended pruning schedule may require multiple crews to perform concurrently within the same time constraints.
4. Community Forest Study
The study will provide information on the overall health of the Community Forest and focus on the following areas of concern.
a. The impact of the City’s root prunin g and hardscape repair program has had on existing street trees.
b. The long-range impact that poor or improper pruning practices, which has been conducted in previous years, and its effect on city trees in today’s environment. c. An evaluation of the City ’s mature and over -mature trees and the projected i mpact of removals and replacements that may be necessary in the next 10 years. d. Projected requirements for the release of beneficial insects. e. A hazard evaluation study of all park trees.
5. Special Provisions
a. Where “as directed”, “as required”, “ as permitted”, “approve”, “acceptance”, or w ords of similar import are used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City of Visalia is intended un less otherwise stated. As used herein, “provide” s hall be understood to mean “provide complete ”, in total. The word “s ite” as used hereinafter shall be understood to mean the location receiving the service. The use of t he word “Contractor” shall be held to mean the Contractor and/or any person employed by them and working under this contract.
b. All tree trimming shall comply with good arboreal pract ice for the particular sp ecies of trees being trimmed and shall be cons istent with the Pruning Standards as adopted by the International Society of Arboricu lture, and/or "Pruning Landscape Trees" by U .C.
Agricultural Extensio n S ervice #AXT -288. The Contra ctor shall also meet the requirements of the American National Standard s, Z133 -1-1972, entitled "Safety Requirements for Tree Pruning, Trimming, Repair or R emoval," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018.
The Project Manager shall determine if the Contractor has me t all trimming requirements and pa yment shall not be made for trimming that is not in accordance with the above standards. The C ontractor shall be deemed in contract default if they consistently fail to comply with the aforementioned standards.
c. Prior to beginning the work, the Contr actor shall review with the Project Manager various methods, tools, and work scheduling to be us ed on the project. Unles s o therwise indicated, tree trimming shall include but not be limited to accepted pruning activities.
Any structural weakness, decaye d trunk or branches, or split crotches or limbs discovered by the Contractor during the course o f trimming shall be repor ted to the Project Manager for determination.
d. The use of lopping shears shall be specifically approved by the Project Manager.
e. Daily tree trimming operations shall commence no earlier than 7:00 AM and shall be completed each day no later than 5:00 PM.
Annual Contract for Community Forest Maintenance
RFP No. 20-21-49
f. Limbs one inch (1”) in diameter or greater shall be precut to prevent splitting. When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first cut on the underside of the branch one foot (1’) to two feet (2’) from the crotch. The undercut should be at least one-third (1/3) of the diameter. Make the se cond cut one inch (1”) to three inches (3”) further from the crotch than the first. The final cut is made at the crotch in a mann er to favor the earliest possible covering of the wound b y callus growth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and one-half inches (3 ½”) or larger in diamete r shall be lowered by proper ropes to the gro und. Any damage caused b y dr opping limbs shall be repair ed within three (3) days at the Contractor' s expense and to the satis faction of the Project Manager. A ll debris resulting from tree trimming operations s hall be removed from the work site on a daily basis.
g. Removal of all vines entwined in the tree or around its trunk, and the removal of sucker growth on tree trunks.
h. Tool Sanitation - On all tre es, including palms, known or suspected to be disea sed, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmi tting the disease on tools. Fresh solution shall be mixed daily.
6. General Trimming and Shaping of Conifers
Two basic classes o f conifers can be found i n Visalia, those with branches r adiating out from the trunk in whorls such as Pine trees or Cedar tre es and those that sprout branches in a random manner such as Juniper or Taxus. Conifers shall typically be pruned in late winter or early spring.
Typically, no more than thirty percent (30%) of the live foliage may be removed.
a. Contractor shall avoid d amaging the central leader on all conifers. In specific cases the Project Manager may direct the contractor to remove the central leader in an effort to limit the height of specific trees.
b. At the time of prun ing, the Project Man ager shall determine which trees shall have the new growth pinched back in an effort to control canopy size.
c. To control the growth of large, mature conifer s contractor shall be req uired to prune the new growth of lateral limbs.
d. Typical pruning of conifer s shall consist of removin g crossed limbs, deadwood or unwanted branches from the interior of the canopy.
7. General Trimming and Shaping of Broadleaf Trees
Follow the shape indica ted by the natural growth habits of each tree species. Trimming and shaping of trees shall be as dir ected by the Project Manager and i n accordance with the following:
a. Cut to laterals t o preserve the natural form of the tree, leav ing the head open enough for the branching system to show and permitting the dea d material to be eas ily cleaned out and light to show through the head. Tree fo liage shall be reduced by at least twenty -five percent (25%) but no more than fifty percent (50%).
b. Trim to remove dead w ood or weak, diseased, insect -infested, broken, low, or crossing limbs. Br anches with an extremely n arrow angle of attachment should n ormally be removed.
c. Small limbs, including sucker s and waterspouts, shall be cut close to the trunk or branch from which they arise.
d. Heading cuts and /or topping will not be allowed under any c ircumstances. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or t he framework of any tree.
Annual Contract for Community Forest Maintenance
RFP No. 20-21-49
8. Trimming for Traffic Clearances
a. The minimum clearance under trees within the street right -of-way shall be sixt een feet (16’) over the traveled road, and ten feet (10’) o ver the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shal l be given to obtain a ba lanced appearance when viewed from across the street immediately opposite the tree.
b. Cut to later als to preserve the natural form o f the tree. Remove lateral branches at their point of origin or shorten the length of a branch by cutting to a lateral, wh ich is large enough to assume leadership.
c. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed.
9. Small Tree Care
The City requires an active appr oach to the care of its young and newly planted trees .
The contractor shall be required to perform basic maintenance that will inc lude but not be limited to tree well adjustments a nd watering, removal of weeds from tree wells, pru ning, and re-staking when necessary. The maintenance of small trees shall begin as soon as each individual tree has been planted.
10. Tree Removals
a. During the course of trimming activities for a specified street, contractor shall notify the Project Manager of any trees which may be dead, hazardous or in nee d of removal for any rea son. The Project Man ager shall make the fin al determination to remove or provide public noticing for removal at a later date. Removals shall be conducted in good workmanlike manner in accordance with the standards of the arboricultural profession.
b. All wood from removed t rees is the property of the City and shall be disposed of at the direction of the Project Manager. No wood shall be left along public right -of-way unless approved by the Project Manager. All tree parts are to be loaded into transport vehicles or containers. The vehicles or con tainers must have the front, sides and rear solid and the top shall be tarped, or ot herwise tightly enclosed. The transporting of t ree parts must be made so that no debris escapes during t he transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while t ransported and hauled to the disposal site during the workday.
c. Contractor shall be required t o call Underground Servic e Aler t at least 2 days before stumps are to be ground o ut. All tree stumps must be removed to at l east 18 inches below the lowest so il level adjacent to the stump, or until deep root s are no longer encountered. The Contractor sh all grind the stump a min imum distance of 1½ feet either side of the outer circum ference of the stump, or until surface roots are no longer encountered.
d. Stumps should be cut low enough to the ground where routing can be done safely. This may be accomp lished by cutting the stu mp at the time of grinding, or a t the time of tree removal. All stumps are to be ground within 48 ho urs of tree removal. Holes create d by stump and root grinding must be filled the sa me day. The resultant chips from routing may be used to fill the hole to two ( 2) inches above normal gro und level. All excess routing chips debris wi ll be removed and loade d into transport vehicle for dispo sal. Any damaged paved surfaces shall be restored to their original condition.
11. Pest Control
Contractor shall take precautions and necessary actions to alleviate any pest damage to trees in the Community Forest with prior approval of Project Manager.
12. Crew Rental Services
Contractor shall provide when specifically requested a standard crew o f 3 persons, one (1) chip per truck, one (1) chipper, one a erial tower truck and a ll necessary s aws and hand tools. Crew make up should also be capable of mo dification in order to perform miscellaneous tree care tasks. The Project Manager s hall provide a description of the work a nd recommended tools required to complete the assignment in an efficie nt and timely manner.
Annual Contract for Community Forest Maintenance
RFP No. 20-21-49
13. Emergency Response Service
a. The contractor shall be required to pr ovide emergency on call response for damaged trees as a result of s torms or other reasons. Emergency calls may occur at any given time. The contractor will be informed of locations and work to be done at each location via telephone from a City authorized representative. Emergency work shall begin withi n two (2) hours of the initial telephone call.
b. Contractor shall be requ ired to prov ide 24 -hour emergency ph one numbers and the names of at least five (5) contact indivi duals upon award of contract. Sho uld the contact persons or their phone numbers cha nge during the course of the contract, those changes shall be submitted to the City within 2 working days.
c. Contractor shall be r equired to provide a ll necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the contractor shall be required to notify the responsible utility company.
e. Work performed und er the emergency pro vision of this contr act shall be paid for on a crew ho ur basis. This shall include all labor, tools, eq uipment, disposal fees and necessary materials.
f. Evening, weekends and holiday call-out service.
14. Traffic Control
a. Contractor shall be required to supply the nec essary equipment to provide adequa te traffic control measures during tree trimming o perations. This sh all include but not be limited to high visibility arrow bo ards where appropriate. City Engineering Traffic Control must approve all tr affic control meas ures prior to implementation. Should an Encroachment Permit be required, it will be the responsibility of the Contractor to obtain.
b. Tree trimming operations may be conducted on one side of the street at a time and at no time may streets be closed. During all tree trimming operations adequate provisions shall be made by the contracto r to accommodate no rmal traffic flow over pu blic streets.
Means of ingress a nd egress sh all be prov ided for occu pants of adjacent pro perty with convenient access to drivew ays, buildings, businesses or priv ate residences. Pedestrian traffic shall be accommodated on adjacent sidewalks.
c. Contractor shall be required to provide an d maintain b arriers, gu ards, and lig hts whenever and wher ever necessary in or der to effectively protect the public from the dangers associated with the tree trimming operations. Contractor shall be required to post proper notices and signals for the publi c regarding detours and the conditio ns of work currently in progress.
15. Public Noticing of Tree Trimming Operations
a. Contractor shall be required to notify residents and /or businesses of sch eduled tree trimming oper ations at least seven calendar da ys prior to the work be ing performe d.
Notifications shall be made in the fo rm of door hanger s, or letters mailed through the U S Postal system.
b. City approved “No Parking” si gns shall be posted o n individual trees schedu led for trimming 24 hours prior to the work being performed.
16. Disposal of Debris
a. Green wast e that is transported to a n off -site facility for grinding i nto mulch shall be documented and submitted to the Project Manager on a monthly basis. Weight sl ips shall be required as proof of disposal and shall be included in the monthly Green Waste Report.
b. Wood chips generated from trimming operations within th e City of Visalia may be dumped and spread at a Ci ty designated site, or as otherwise directed by the Program Manager.
Annual Contract for Community Forest Maintenance
RFP No. 20-21-49
c. At the direction of the Projec t Manager, wood waste generated from tree removals s hall be chipped into pure wood chips with an even uniform size. These chips shall be dumped and spread in specified locations in the City.
d. At t he direction of the Project Mana ger, large t ree trunks, which meet proper specifications, will be required t o be milled into lumber suitable for use in a vari ety of applications. Milled lumber shall be returned to the City at a cost to be included in the bid proposal.
17. Invoice
Contractor shall be required to submit invoices on a twice monthly basis. Inv oice format shall include but not be limited to a list of each street that trimming operations took place, the address of each individual tree trimmed , the species and its current co ndition, height, trunk diameter and canopy spread of each individual tree that was trimmed. Each invoice shall include an exact copy in electronic format that is compatible with the City’s Tree Inventory program. Failure t o submit invoices in this format may result in non-payment until these requirements are met.
18. Inspections
a. The Project Manager shall be furnished wi th every reasonable facility for ascertaining full knowledge of the daily tree maintenance operations involving the workmanship, character of materials and equipment used and employed in the work. Each week, the Contractor shall be required to submit a co mplete working schedule of all tree maintenance operations including but not limited to trimming, plan ting, removals, stump grinding a nd watering.
b. Inspection of the work shall not relieve the Contractor of any obligations to complete the work as outlined in this document. Contractor will correct an y deficiencies found, even if found after the initial inspection.
c. Any work found to be unacc eptable will be noted in writing. Upon re ceipt of notice of deficiencies, t he Contractor shall make a reasona ble good faith effort to correct the deficiencies within ten (10) calendar da ys. If unacceptable cond itions are not corrected within this time period, the City shall have the right to take corrective measures including payment deduction and up to termination of the contract.
19. Withholding Payment
The City may withhold payment to such extent as may be necessary to protect the City from loss due to one or more of the following reasons:
1. Defective or inadequate work not corrected.
2. Claims filed, or reasonable evidence indicating probable filing of claims.
3. Failure of the Contractor to mak e proper payments to subcontract ors or for materials or labor,
4. A re asonable doubt that the con tract can be complet ed for the balance unpaid.
20. Minor Modifications and/or Additional Work
a. The City may modify these specifications with the joint approval of the Contractor and the City of Visalia Purchasing Division. All modifications shall be in writing. b. In the event that the City of Visalia should require additional work outside the terms of the contract specifications or not priced in the contrac t, the Contractor shall perform all work at a competitive price.
c. Additional work covered by th e contract specif ications and pricing may be added to t he contract as the need arises. The Contracto r shall perform all specified and approved additional work at the unit prices submitted wi th this bid proposal. C ontractor will be required to demonstrate the ability to p roperly execute the expanded workload with the necessary increase in labor, material s and equipment needed to complet e the additional work in a timely manner.
21. Clarification of Specifications
Annual Contract for Community Forest Maintenance
RFP No. 20-21-49
a. If any bidder, prior to submitting their bid should find any discrepancies and/or omissions from the specifications or other contract docume nts, or if they should be in doubt as to the true meaning of any part thereof, they shall direct questions or concerns to the Visalia Purchasing Division , 7 07 W. Acequia Avenue, Visalia, CA 93291 , e mail to [email protected] or by fax at 559-713-4802 for correct ions, clarification, or interpretation of th e points in question. Questions must be submitted by August 20, 2021.
b. In the event that the City of Visa lia Purchasing Division receives a request , and it should be found that certai n essential information i s not clearly and fully set fort h, or if the City discovers errors, omissions, or points requiring clarification in these documents, a written addendum will issued. The City will not be responsibl e for any instructions, explanations, or interpretations of the documents presented to bidders in any manner other than written addendum. It is the respons ibility of the P roposer to ensure they have received all Addenda.
22. Bond Requirements
Ensure Performance Bond at 100% is included in the proposed Contract.
23. Arborist Tree evaluation and report
Follow ISA evaluation standards
1. Resistograph testing when necessary
2. Root Crown excavation when necessary
24. Project Manager Meetings
a. Meet bi-weekly to review and receive invoices.
b. Review and inspect.
1. Inspect completed work.
2. Inspect upcoming work.
25. Traffic control plans
a. Encroachment permit required.
b. Traffic Contro l plan required on major arterials to be filed and approved by City of Visalia Traffic Engineering.
26. Equipment Rental
When requested by City of Visalia Project Manager:
1. Crane
2. 95-foot aerial tower
3. Loader
27. Tree Watering
Contractor will be re sponsible for obtaining a water meter from Cal Water a t Contractor ’s expense.
1. Watering Downtown trees not on irrigation
2. Done before hours of 7:00 am
3. Berm repair for watering holding capacity.
4. Report dead or dying trees.
5. Re-staking trees as needed.
6. Weeding of tree basins
7. Basil sucker removals.
28. Tree Planting
Plant in accordance with ISA Standards, ANSI a300 Standards and City of Visalia Standards and specifications.
29. Software
a. A written description of the proposed soft ware program to be used to manage the City’s Tree Inventory and firm’s ability to provide accurate inventory updates for all trees serviced. b. A statement describing the firm’s ability to provide data for the City’s Geographic Information System (GIS). Data shall be compatible with the City’s current tree inventory database.
Annual Contract for Community Forest Maintenance
RFP No. 20-21-49
c. A written description of the firm’s plan to report green waste generated and the method for its disposal.
d. A written description of the firm’s internal tree maintenance and arboricultural training program.
The City reserves the right to accept or reject any of the individual components of the work proposed.
D. City Responsibilities
• Compensate the consultant as provided in the contract agreement. • Provide a "City Representative" who will repr esent the City and who will work with the consultant in carrying out the provisions of the RFP.
• Examine documents subm itted to the City by the Consultant and timely render decisions pertaining thereto.
• Give reasonably pro mpt consideration to all matte rs submitted by the Consult ant for approval to the end that there will be no substantial delays in the Consultant's program of work.
IIVV.. PPRROOPPOOSSAALL CCOONNTTEENNTT AANNDD FFOORRMMAATT RREEQQUUIIRREEMMEENNTTSS
The following ar e proposal re quirements. Responde nts are requested to organize their p roposal into sections with tabs corresponding to the listed selection criteria as follows. You must answer the follo wing questions in the same sequence as below. A screening committee wi ll evaluate t he completeness of t he response to the RFP.
AA.. GGeenneerraall IInnffoorrmmaattiioonn
• Firm name, address, telephone number, fax number and email address. • Account Representative or other person to contact for clarification of any item contained in the proposal. Include telephone number, fax number and email address if different from above. • Specify type of or ganization (individual, partnersh ip or corpor ation) and if applicable indicate whether you are:
a. Small Business.
b. Disadvantaged Business.
c. Minority and/or Women-Owned Business.
• Provide your Federal Tax ID Number and City of Visalia Business Tax Certificate Number. • Names of company’s owners / officers.
• Personnel of the Proposer’s Firm must be identified in the proposal with their background and the firm must give ass urances of cont inuity of its personnel. A contact person needs to be identified.
• References and Referrals
• Provide su rety information for all sureties – General and Auto Lia bility, E/O and Worker ’s Compensation
BB.. PPrrooppoosseedd PPrroojjeecctt AApppprrooaacchh Summarize your app roach and understand ing of the project and any special con siderations of which the City of V isalia should be aware . Indicate clearly, the levels of participation you will ex pect from City of Visalia staff in the fulfillment of the contract.
Exceptions to the requirements of the RFP should be clearly delineated in this section.
In addition, you are invited to includ e a maximum of two (2) pages of information not included, no r requested in this RFP, if you feel it may be useful and applicable to this project.
The information in this section will aid the City in the refinement of t he scop e of wor k during contract negotiations.
CC.. SSttaaffff QQuuaalliiffiiccaattiioonnss aanndd RReellaatteedd EExxppeerriieennccee This section should demonstrate the qualifications o f all professional pers onnel to be a ssigned to this project by providing resumes/experience summaries describi ng their education, credentials, related experience and their proposed roles for this contract. Note: Consultant may not subs titute any member of the project team without prior written approval of the City.
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RFP No. 20-21-49
Firms wishing to have their bid proposals considered for this project shall submit the following, as a minimum:
1. A statement of firm’s qualifications applicable to this project, including the following:
a. State of California Contractor’s License number and expiration date, C-27 & C61/D-49. b. Names, qualifications and proposed duties of staff to be assigned to this project. The firm shall identify at least two (2) ISA Ce rtified Arborists who will be responsible for providing project management for the duration of the project as wel l as a full-time English speaking Site Supervisor, who is an ISA Certified Arborists, capable of communicating with a ny City representative and be authorized to act on behalf of the firm. c. List of staff qualifications including but not limited to:
1) All Certified Arborists employed by the firm.
2) All Certified Tree workers employed by the firm.
d. All Certified Utility Arborists employed by the firm. e. All Utility Line Clearance Specialists employed by the firm. f. California State Licensed Pest Control Advisor employed by the firm. g. California State Licensed Pest Control Applicator employed by the firm. h. American Society of Consultin g Arborists (ASCA) Registe red Consulting Arbori st employed by the firm to consult on tree health issues.
i. Technicians providing technical support for inventory software.
2. Technical ability and experience similar in scope to this project.
3. Statement of past project disqualification(s) and litigation.
4. Quality Control Plan.
5. Customer Service Program.
6. Safety Training Program.
7. Industrial Safety Record.
8. Letters of Reference.
a. A description of previous experience, including projects of similar nature. b. A detailed description of the proposed services to be performed along with schedules, list of personnel, and vehicles that would be required to complete this project. c. Affirmative statement of compliance with indemnity and insurance. d. A written des cription of the p roposed software prog ram to be used to manage the City’s Tree Inventory and firm’s abi lity to provide accurate inventory u pdates for all t rees serviced.
e. A statement describing the firm’s ability to provide data for the City’s Geographi c Information System (GIS). Data shall be compatible with the City’ s current tree inventory database.
f. A written description of the fir m’s plan to repor t green waste generated and the method for its disposal.
g. A written description of the firm’s int ernal tree maintenance an d arboricultural trai ning program.
h. A complete list of ma chinery and equipme nt, including year, serial number an d license number, to be use d for thi s project and all availab le equipment in reserve to allow for breakdowns.
i. A wr itten description of methodol ogy to be used for no tifying residents pri or to commencement of tree work. (Door hangers are permitted in the City). j. The firm must submit a proposed Quality and Cost C ontrol Plan to enhance the service and responsiveness to the City. It should include the following:
▪ The meth odology in which t he firm wi ll handle complaints f rom the public and damage to public & private property.
▪ Effective means to correct problems.
▪ The means the firm will use for completing the project. ▪ Corporate and Financial Capability
▪ A written statement describing the firm’s ability to acquire and purchase trees for the City’s planting program. Also describe the f acility, which the trees are to be stored.
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DD.. PPrrooppoosseedd FFeeee SSttrruuccttuurree
Provide proposed fees and cost information and recommend a budget plan for a ll services to be provided in the following format:
SCHEDULE OF COMPENSATION
DESCRIPTION UNIT UNIT PRICE
Annual Tree Trimming on District/Zone basis per tree $ SERVICE REQUESTS – Work performed on an individual basis
FULL TRIM
0-6” dbh per tree $
7-16” dbh per tree $
17-24” dbh per tree $
25-36” dbh per tree $
37” dbh & over per tree $
TREE REMOVAL
Tree and stump removal per diameter inch $
Tree removals over 36” dbh per diameter inch $
Stump only removal per inch $
PLANTING
15-gallon tree per tree $
24-inch box tree per tree $
36-inch box tree per tree $
48-inch box tree per tree $
TREE WATER MONITORING per tree $
CREW RENTAL
3-man crew with equipment per hour $
2-man crew with equipment per hour $
1-man crew with equipment per hour $
EMERGENCY RESPONSE
1-man crew with equipment per hour $
TREE INVENTORY AND per tree site $
SOFTWARE PACKAGE
GPS INVENTORY (40,000 trees) Total $
TREE INVENTORY UPDATES per tree site $
TREE MASTER PLAN Lump Sum $
ARBORIST TREE EVALUATION REPORT per tree site $
MEETING WITH PROJECT MANAGER per hour $
PREPARING TRAFFIC CONTROL PLAN per plan $
EQUIPMENT RENTAL per hour $
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ADDITIONAL SERVICES
DESCRIPTION UNIT UNIT PRICE
PALM TREE TIRMMING (Service Request)
Coco palm, any size per tree $
Washingtonia palm, any size per tree $
Canary Island Date Palm, any size per tree $
ROOT PRUNING linear foot $
ROOT BARRIER INSTALLATION linear foot $
CONTRACTOR agrees to allow any other public agency (e.g., city, county district, public authority, public agency, municipality, and other political subdivision or public corporation) to have the option to participate in any award made as a result of this solicitation at the same prices. The City shall incur no financial responsibility in connection with any purchase by another p ublic agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor.
The CITY, at its optio n and with CONTRACTOR concurrence, may renew this contr act for additional five- year periods, in one -year increments, on the same terms and condi tions as provided her ein. This option may be exercised only if the CONTRAC TOR demonstrates superior performance in the provision of t ree maintenance services during the prior five-year contract term, assuming all of the a nnual renewal options were awarded.
• Proposers should review the requireme nts of this R FP and address all s ervices that might reasonably be expect ed t o sup port the pr oject. Indicate how the City wil l be invoiced for services, i.e., unit or hourly costs.
• This information should b e detailed and broken down by type of service and units of work or other a pplicable measure. P roposers should endeavor to provide a comprehensive fee schedule as the City will not include compensation in the contract for items not addressed.
• Include a total cost to provide services, based on the consultant’s fee schedule and the scope of work as outlined in this RFP. This cost will be used as a basis for negotiations.
• The fe e proposal submitted und er separate, sealed cover, along with the proposed project approach, will be used as a basis for any contract negotiations. The actual scope of services and fees included in the co ntract may be negoti ated and may vary to satis fy the City’s actual needs.
E. Conflict of Interest
• Disclose any financial, business or other relationship with the City or any member of t he City staff that may have an impact on the outcome of the project.
• List current clients who may have a financial interest in the outcome of the project.
VV.. CCOONNSSUULLTTAANNTT SSEELLEECCTTIIOONN PPRROOCCEEDDUURREE
Selection of the successful proposal shall be generally based on the information provided by the Vendors in response to the Request for Proposals and any subsequent interviews that may be conducted.
Consultant interviews will be held solely at the option and discretion of the City of Visalia. The process for selection shall occur in the following sequence:
• Review Proposals
• Establish a “short list” of three or more firms
• Interview “short-listed” firms (at the option and discretion of the City) • Identify best qualified firm
• Award contract
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A project Selection Committee, as d eemed necessa ry, will be formed to evaluate the proposals and to make recommendation to the Visalia City Council. This commi ttee may consist of representatives of the user department, members of the community, members of the Council and the Administrative Services Department, and may include a representative knowledgeable in green waste services from outside of the community. Composition and creation of this committee, should one be formed, is at the sole discretion of the City. Names of the Committee membe rs, should one be formed, will n ot be released prior to the time for interviews.
The Committee will review the proposals f or format to ensure conformance with the requirements of the RFP an d may select finalists to i nterview with the Committee as a part of the Commit tee's evaluation process. The City does not guarantee that an interview will take place, thus reserving the right to select a contractor based solely on the informatio n provided in the proposals recei ved i n response to the RFP.
Should an interview take place, the key personnel responsible for fulfilling the requir ements of the project shall be required to be present for the interview.
A. Criteria
The Committee will address the following criteria in evaluation of proposals in order to gauge the ab ility of a contractor to perform the contract as specified. The same gen eral criteria will be used to judge both the proposal a nd the presentation, should the City choose to conduc t intervie ws with short -listed f irms.
Additionally, 5 percentage points (Lo cal Preferenc e Points) will be given to any Proposer who has an established business address in the County of Tulare as outlined in Section II Introduction Item A.
Criteria As Demonstrated By Weight of
Criteria
Quality & Completeness of
Proposal
-Relevance & Conciseness of Bid Proposal and Statement
of Qualifications
-Work Statement and Quality Control Plan
10 pts.
Corporate Capability -Qualifications and experience of staff -Quantity and types of equipment Quantity and types of equipment -The ability of the firm to provide the proper insurance coverage
-Financial ability of the firm to provide services to the City of Visalia
-Experience in the management of electronic tree
inventory databases
-Internal training program for employees
-Green waste recycling capabilities and the firm’s plan to recycle generated green waste from tree maintenance
activities.
20 pts.
Reference Evaluation -Customer Service Record
-Performance record of the firm relating to the Project Schedule of similar scale
-Quantity and Quality of work previously performed
-References
20 pts.
Customer Service
Evaluation
-The firm’s customer service program and response to
Citizen complaints. 5 pts.
Information Management -Inventory software provided to the City -Technical support for software and data management
-Quantity and types of inventory equipment
-The ability to provide accurate inventory updates, for all trees serviced, compatible with the City’s tree inventory database
-Geographic Information System (GIS) capabilities
15 pts.
Pruning Program -Ability to recommend and meet Project Schedules -Pruning ability 10 pts.
Community Forest Study -An evaluation of the firm’s ability to conduct a comprehensive study of the current condition of
Visalia’s Community Forest.
5 pts.
Fee Schedule -An evaluation of the firm’s Fee Schedule 10 pts.
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Criteria (Cont’d) As Demonstrated By Weight of
Criteria
Local Vendor Preference
-Proposals submitted by Businesses with a business
address in Tu lare County, CA will re ceive 5 percentage points.
5 pts.
Prior to the award of contract, the City must be assured that the proposer selected has all of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel wi th the skills r equired, equipment/materials and financial resou rces su fficient to provide services called for under this contract. If, during the evalu ation process, the City is unable to assure itself of the proposer’s ability to perform u nder the contrac t, if awarded, the City has the option of r equesting from the p roposer, any information that the City deems necessary to determine the proposer’s capabilities. If such informati on is required, the proposer will be notified and will be permi tted seven (7) working days to submit the requested information.
B. Background Check
The City reserves the rig ht to conduct a background inquiry of each proposer which m ay include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a proposal to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.
C. Award of Contract
The successful firm will be required to execute a co ntract with the City of Visalia. A Draft Agreement has been included in this RFP to a lert proposers to the provisions generally found i n City contracts. The Draft Agreement may be altered from the enclosed form at the discretio n of th e City and without no tice to consultant prior to award of contract. The City doe s not guarantee that the F inal Agreement will duplicate the enclosed Draft Agreement.
VVII.. EEXXAAMMIINNAATTIIOONN OOFF CCOONNTTRRAACCTT RREEQQUUIIRREEMMEENNTTSS AANNDD
AACCCCEEPPTTAANNCCEE OOFF PPRROOPPOOSSAALL CCOONNTTEENNTT
Before submitting a proposal, proposers must satisfy themselves by personal examination of the proposal requirements and other contract documents, and by any other means as they may believe necessary, as to the actual conditions, requirements , and difficulties und er which the work must be p erformed and to verify any representations made by the City of Visalia, upon which the offeror will rely.
The submission of a proposal s hall be consi dered conclusive evidence that the proposer has carefully investigated all cond itions that affect, or may at so me future date affect, the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the p roposal. Submission of a proposal shall also be e vidence that the proposer is familiar with directives that in any way affect prosecut ion o f the work or persons engaged or employed in the work.
No proposer shall at any time after submission of a proposal make any claim or asse rtion that there was any mi sunderstanding or lack of information regarding the nature or amount of work necessar y for satisfactory performance under the contract. I f the proposer receives an award as a result of this Request for Propo sals, failure to have made su ch investigations an d exa minations will in no way relieve the proposer from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditio ns and requirements be accepted as a basis for claim whatsoever by the proposer for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract docu ments shall be c alled t o the attention of the City and clarified prior to the submission of proposals.
Should the proposer feel there has been a supplemental or ora l modification, it shall b e his responsibility to verify said modification in writing prior to submission of the proposal.
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The contents of the prop osal of the successful proposer shall become cont ractual obligations if procurement action ensues. Failure t o accept these obligations in a contractual agreement shall result in cancellation of award.
A. Withdrawal of Proposals
Any proposal may be withdrawn a t any time prior to th e time fixed in the public notice for the receipt of proposals, only by written reques t for the withdrawal of th e proposal filed with the Purchasing Division.
The request shall be executed by the proposer or his duly authorized repres entative. The withdrawal of a proposal does not p rejudice the right of the proposer to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.
B. Rejection of Proposals
The City of Visalia rese rves the right to reje ct any or all proposals; to waive any requirements, both the City's and those proposed by the vendor; to waive a ny irregularities or informalities in any proposal o r the RFP process when it is in the best interest of the City to do so ; to negotiate for the modification of any proposal with mutual consent of the proposer; to re -advertise for proposals, if desired; to sit and act as sole judge of the merit and qualific ations of the service offered and; to evaluate in its absolute discret ion, the proposal of e ach vendor, so as to select the vendor which best serves the requirements of the City, thus insuring that the be st interest of the City will be served. Proposer’s p ast performance and the City' s assurance that each proposer will provi de service as proposal , will be taken into consid eration when proposals are being evaluated.
The City may m ake such investigation as it deems necessary to determine the ability of a pro poser to furnish the required services, and the proposer will furnish to the City all such information and data for this purpose as the City may request. The City reserves the ri ght to reject any proposal if t he evidence submitted by, or investigation of, such proposer fails to satisf y the C ity that such proposer is properly qualified to carry ou t the obligations of a cont ract and to deliver the services contemplated herein or; th e proposal of any proposer who has previously failed to perform properly, or c omplete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in the proposer’s proposal submission , or at any point in the p roposal evaluation process, including any interview conducted, is grounds for rej ection of the proposal. In the event that the misrepresentation or falsification is not di scovered until after any agreement is awarded, the agreemen t may be terminated at that time. A determination as to whether a misrepresent ation or falsification of the proposal submission is material shall be made solely in the ex ercise of the City’s sound discretion. 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 moneys due to the City of Visalia.
C. Evaluation/Award of Contract
Evaluation and selection of proposals will be based on the information called for in this RFP. Brochu res or other promotional presentations beyond that sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.
Proposals will be evaluated by a Selection C ommittee. The City reserve s the right to make the selection of a proposer based on any or a ll factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative and ability of the proposer to perform the services set forth herein.
The award, if made, will be made within ninety (9 0) days from proposal closing date. Proposer agrees and so stipulates in submitting this pro posal, as though stated the rein, and in any subsequent award of contract that:
1. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.
2. Should proposer be awarded contract, proposer shall not assign contract, or any part thereof, or any moneys due or to become due thereunder, without prior consent of the City.
3. Proposer shall indemnify and hold harmless the City, its officers, officials, employ ees, and agents from a nd agai nst all claims, dama ges, losses, and expenses caused in whole or in part by any negligent act or omission of the proposer, its consultants, subcontractor, anyone directly or indirectly
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employed by any of them, or anyone for who se acts any of them ma y be li able, except where caused by the active negligence, sole negligence, or willful misconduct by the City.
4. Proposer shall hold the City harmless from liability of any natur e or kind, inclu ding co st and expenses for infringement o r use of any copyright ed comp osition, secret proc ess, patented or unpatented invention, article or appliance furnished or used in connection with the contract.
VVIIII.. MMEEAASSUURREEMMEENNTT AANNDD PPAAYYMMEENNTT AA.. Billing and Payments
Vendor is fully responsible for assuring that all services arising from the agreement are billed t he correct and applicable contract rate. The vendor is required to establish and mai ntain a process to monitor its billing practices and will refund all over-charges that may occur.
In connection with any cash discount offered, time will be computed from the date of complete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For th e purposes of earning the discount, payme nt is deemed to be mad e on the date of the mailing of the City’s check.
B. City’s Right to Withhold Certain Amounts
The City may withhold a sufficient amount of any payment otherwise due to the contractor to cover:
Work required in the specifications which is not performed or is incomplete or for defective work not remedied.
The cost of having the required work don e by City forces or others will be charged to the vendor.
The City reserves t he right to a ssess a $100 pen alty per incident over and above the cost to correct the unsati sfactory condition for fail ure to perform any part of the work covered in this contract.
C. Contract Price Adjustments
All prices shall be fi rm and fixed fo r twelve ( 12) months fr om the annual anniversary date of the agreement. Prices may be adjusted annually at t ime of contract renew al and upon mutual agreement of the parties. It will be the responsibility of t he contractor to req uest a pric e adjustment and to provide all documentation necessary. The r equest for price ad justment must be submitted to the Project Manager within the th irty (30) cal endar day period prior to the annual anni versary d ate of the agreem ent as specified in the General Conditions of RFP 20-21-49.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted f igures of the U.S. De partment of L abor Consumer Price Index (CPI ) f or all U rban C onsumers ( CPI-U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period.
In no instance shall the p rice increase exceed 5%. The contract unit price changes as a result of this formula shall be bindi ng on the c ontractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
VVIIIIII.. GGEENNEERRAALL CCOONNDDIITTIIOONNSS
A. Important Notice
The City of Visalia will not be responsible for oral interpretat ions gi ven b y a ny City em ployee, representative, or others. Proposers are cautioned that a ny statements made th at materially change any portion of th e proposal documents shall not be relied up on unless subsequently ratified by a formal written amendment to the pr oposal d ocument. T he issuance of a written addendum is t he only official method whe reby interpretation, clarification, or additio nal informati on can be given. If any ad denda are issued to this Request for Proposals, the City will attempt to notify a ll prospective vendors wh o have
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secured same. However, it will be the responsibility of ea ch vendor, prior to s ubmitting their proposal, to contact the Purchasing Division, lo cated at 707 W. A cequia, Visalia, CA 93291, (559) 713 -4334 to determine if addendums were issued and to make such addendum a part of the proposal.
B. Department of Industria l Relations Requireme nts, Public Works Contrac tor Registration Program and Project Labor Agreements
Notice is hereby given that this is a Public Works Project. All c ontractors and subcontractors (including Consultants and Sub-Consultants) bidding and performing work on Public Works Projects must:
1. Be currently registered with the California Department of Industrial Relations (DIR).
2. Furnish electronic payroll records for new projects to the Labor Commissioner.
No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial R elations (DIR). Bids submitted by unregistered contractors or list unregist ered subcontractors will be rejected as non-responsive.
A contractor or subcontractor shal l not be qualifi ed to bid on, be listed i n a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance o f any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorize d by Section 7029.1 of th e Business and Pro fessions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contra ctor is registere d to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
If a project labor a greement (the term “project labor ag reement” is defined in Pu blic Contract Code 2500(b)(1) as a pre -hire collective bargaining ag reement that esta blishes terms and conditio ns of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it mu st comply with the taxpayer protection provisions set forth in Public Contract Code s ection 2500(a ). City of Visalia has no ordinances requiring or prohibiting such agreements.
C. City of Visalia Labor Compliance Manual
Consultant shall fulfill requiremen ts of Department of Industrial Relations a nd California Lab or Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into his R FP and subsequent contract by reference and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.
D. Legal Responsibilities
All proposals must be submitted, filed, made, and executed in accordance with State of Cali fornia and Federal laws r elating to proposa ls for contracts of this nature whether the same o r expressly referr ed to herein or not. By submitting a prop osal, Consultant certifies that he or sh e will comply with all Federal laws and requirements, including but not limited to Equal Employment Opportu nity, D isadvantaged Business Enterprise, Labor Protection and other laws and regulations.
E. Permits and Licenses
1. Business Tax Certificate
Possession of a City of Visalia Business Tax Certificate is not req uired to submit a proposal in response to this invitation. However, Contractor shall be requir ed to possess, at his/her own expense, a va lid and current City of Visalia Business Tax Certificate , prior to commencing work. For additional information, contact the City of Visalia Business Tax Division at (559) 713- 4326.
A. Professional License
Consultant is to be licensed in accordance with the C alifornia Business and Professions Code and is to posses s current professional registration and be licensed to perform work in the State of California.
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B. Permits
Consultant shall be r equired to obtain and maintain at his/her own exp ense, any and all permits, licenses a nd certifications issue d by any federal, sta te or local governmental agency, pertaining to, and necessary f or providing the services required in this Request for Proposals.
F. Bonds
Required Bonds
The Bidder(s) awarded contract(s) pursuant to th is RFP will be required to provide to the City of Visali a a “Performance Bond” in the amount of 100% of the contract am ount within ten (10) days of receipt of a “Notice of Award” and shall remain in force for one year after the date of completion.
G. Insurance
Indemnification and Insurance
As respects acts, errors, or omissions in the performance of services, VENDOR agrees to indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated voluntee rs from and against any a nd all cla ims, demands, losses, d efense costs, liability or consequential damages arising directly out of Vendor’s negligent acts, errors or omi ssions in the perf ormance of his/her services under the terms of this Agreement; except to the extent those arise out of the negligence of CITY.
CITY agrees to indemni fy and hold harmless VENDOR, its officers, employees, and desi gnated volunteers from and against any and a ll losses, defense costs, liability or consequential damages to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.
As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions no rmally covered by general and automobile liability insurance, VENDOR agrees to in demnify, defend (at CITY’s option), and hold harmless CITY, it s elected and appointed of ficers, agents, em ployees, representatives, a nd volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with Vendor’s (or Vendor’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.
Without limiting CITY’ s r ight to indemnification, it is agreed that VENDOR shall sec ure prior to commencing an y activities under this Ag reement, and maintain during the term of this Agreement, insurance coverage as follows:
• Workers’ Compensation insurance as required by California statutes.
• Commercial general liability insurance with a combined single limit of not l ess that One Million Dollars ($1,000,000) per occurrence. Such insurance shall in clude coverage for Pre mises and Operations, Contractu al Li ability, Personal Injur y L iability, Products and Completed Operations Liability, Broa d Form Property Damage (if applicable), Ind ependent Contractor’s Liabi lity (if applicable).
• Comprehensive Automobile Liability coverage w ith a combi ned single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall inc lude coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City of Visa lia, Purchasing Division , 707 W. Ac equia, Visalia, CA 93291, with the exception o f cancellation for non-payment of premium, in which case ten ( 10) days’ notice shall be given.”
In addition, the Commercial general liability policy required by this Agreemen t shall contain the follo wing clauses:
“It is agreed that a ny insurance maintain ed by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”
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“The City of Visalia, its officers, agents, employees, represent atives and volunteers are added as additional insured as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.”
The successful bidder shall maintain the insurance for the life of the c ontract. Endorsements ar e to be received and approved by the City before work commences. Should Consultant cease to have insurance as required during any time, all work by Consultant pursuant to this agreement shall cease until insurance acceptable to the City is provided.
In a ddition to a ny other remedies CITY may have if CONSULTAN T fai ls to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
1. Obtain such insu rance and deduct and reta in the amoun t of the premiums for such insurance from any sums due under the Agreement; or
2. Order CONSULTANT to stop wo rk u nder this Agreement and /or w ithhold an y payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or
3. Terminate this Agreement.
H. Assignment of Contract
No assignment by the vendor of the c ontract or any part hereof, or of funds to be received there under, will be binding upon the City unless such assi gnment had prior written approval and consent of the City .
In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet or transferred.
I. Documents/Data
A. Ownership of Documen ts: All original papers and do cuments, produced as a re sult of this Agreement, shall become the property of the CIT Y. In addition, CITY shal l b e provided wit h access an d use of any oth er papers and documents consistent with the purpose and scope of servi ces covered by this Agreement. Any additional copies, n ot otherwise provided for herein, shall be the responsibility of the CITY.
Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement , are not intended or rep resented to be suitable for reu se by CITY or others on extensions of the PROJECT or on any other project. Any use o f the completed documents for other projects and any u se of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of chan ges made to CONSULTANT’s d eliverables under this Agree ment by C ITY or persons other than CONSULTANT is waived as ag ainst CONSULTANT, and the CITY as sumes full responsibility for such changes unles s the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.
B. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to t his Agreement, shall be m ade available to any individual or organization by the CONSU LTANT without th e prior wr itten approval of the CITY.
Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hol d in confidence and con fidential information whi ch (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.
C. Copyrights: The CONSULTANT shall be free to copyrigh t material developed under this Agreement with the provision that the C ITY b e given a nonexclusive and irrevocable license to repr oduce, publish or otherwise use, and to autho rize others to use the material for government or public purposes.
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J. Termination of Contract
The nature of this services contract requires that the C ity a nd th e consulta nt must work clos ely as a mutually supporting team without conflict. Also, the City needs to be able to terminate this agreement at any time the City may feel this workin g relationship has been impaired or should the City no longe r have complete confidence and satisfaction in the qua lity and performance of services by the proposer.
Therefore:
The right to terminate t his Agreement, with or without cause, may be exercised w ithout prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.
A. Termination By Either Party Without Cause : The CITY or CONSULTANT may terminate this Agreement at an y time by giving written notice to the other of such termination and specifying the e ffective date thereof, at least thirty (30) days before the effective date of such termination. Should the contract be terminated for conven ience, the proposer shall be pa id for all authorized ser vices provided, including reasonable charges for de - mobilization. However, t he propose r s hall not be pa id any anti cipated p rofit o r fees for services not provided.
B. Termination of Agreement for Ca use: The CITY may by written n otice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such term ination, terminate the whole or any part of this Agreement in any of the following circumstances:
1. If the proposer shall fail to provide services or perf orm satisfactorily the work required by the terms and condit ions of the contract, or m aterially breaches any of it s obligations un der this agreement the City may terminate the contract, in whole or in part.
2. Any assignment, sublett ing or transfer of the in terest of the Consultant, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.
3. Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.
C. Post-Termination:
1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and suc h manner as it may dete rmine appropriate, services similar to those terminated.
2. Except with respect to defaults o f sub consultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes b eyond the control and w ithout the fault or negli gence of the CONSULTANT. Such causes include, but are not li mited to, acts of God or of the public enem y, floods, epidemics, quara ntine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a subconsultant, the CONSULTANT shall not be liable for fai lure t o per form, unless th e s ervices to be furnished b y the sub consultant were obtainable from other sources in suf ficient time and within b udgeted resources to permit the CONSULTANT to meet the r equired delivery schedule or other performance requirements.
3. Should the Agreement be terminated with or with out cause, the C ONSULTANT shall provide the CITY with all fin ished and unfinished docu ments, data, studies,
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services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement.
4. Upon termination, with or without cause, CONSULTANT will be compensated for the servi ces satisfactorily comple ted to t he date of termination according to compensation provisions contained herein. In no event, shall the total compensation pai d CONSULTA NT exceed the tot al compensa tion agre ed to herein.
5. If, after notice of termination of th is Agreement, as provided for in this article, it is determined for any reason th at the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.
6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records per taining to the A greement, to cooperate with any audit, to be subject to offset, or to make any reports of pre - termination activities.
K. Right to Require Performance
The failure of the City at any time to require performance by the proposer of any provisions hereof shall in no way aff ect the right of the City th ereafter to enfo rce the same. Nor shall waiver by the City of any breach of any provis ion hereof be taken or held to be waiver of any succeedi ng breach of such provision or as a waiver of any provision itself.
L. Ethics in Public Contracting
Each proposer, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violati on of the Sherman Antitru st Act by submitting a proposal, the proposer certifies that its proposal was made wit hout fraud; that it has not offered o r received any kickbacks or inducements from any other proposer in connection with the request for proposal; and that it has not conf erred on any public employee, public member or public offici al having responsibility for this procureme nt transaction, any payment, loan, subscription, advance, deposit of mon ey, services, or anything of more than nominal value. Th e proposer further certif ies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.
Prior t o the award of any contra ct, the potential Consultant may be required to certify in w riting to t he Purchasing D ivision that no r elationship exists b etween the proposer and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.
More than one proposal from an individual, firm, partnership, corporation or association under the same or different names may be rejected. Re asonable grounds for believing that a proposer has inter est in more than one proposal for the work solicited may result in rejection of all proposals in which the proposer is believed to have an interest.
M. Independent Contractor
In the performance of the se rvices herein provided for, the Consultant shall be, and is, an independent contractor and is not an agent or employ ee of the CITY. The Consultant has and shal l retain the right to exercise full control and supervision of all perso ns assisting the Consultant in th e performance of said services hereunder. The Consultant shall be solely responsible for all matters relatin g to the payment of its em ployees including compliance with soc ial sec urity and income tax withholding and all othe r regulations governing such matters.
N. Equal Employment Opportunity
During the performance of the contract, proposer agrees to the following:
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1. Proposer s hall comply wit h a ll the require ments, when applicable, of the California Fair Employment Practice Commi ssion and provisions of, when app licable, all Federal, S tate of California, Count y of Tulare and City of Visalia laws and ordinances related to employment practices.
2. Proposer shall no t discrimin ate against any employee or applicant for employment on the basis of race, religion, c olor, gender, age, handicap, na tional origin or ancestry , except when such a condition is a bona fide occupational q ualification reasonably necessary for the normal operations of the proposer. The proposer agrees to post in conspic uous places, visible to t he employees and applicants for employment, notices sett ing forth the provisions of this nondiscrimination clause.
3. Proposer, in all solicitations or advertisements for e mployees, placed by, or on behalf of the proposer, shall state that proposer is an Equal Opportunity Employer.
O. Venue
Any contract resulting fr om this solicitation shall be governed by, and construed in accordance with, the laws of the State of C alifornia. Venue for any litigation arising out of the contract will be vested in Tulare County, California.
P. Proprietary Information
The proposals receiv ed shall become the property of the City of Visalia and are subject to public disclosure. Proposal prices and info rmation submitted by proposers will be made available to proposers after City Council has approved award of contract. Proposers are to indicate any restrictions on the use of data contained in their r esponses. Tho se pa rts of a proposal which are defined by the prop oser as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall o nly be disclosed to the public if such disclo sure is req uired or permitted under the California Public Records Act or otherwise by law.
Proposers who indiscriminately and without justification ide ntify most, or all, of their proposal as exempt from disclosure may be deemed non-responsive.
Q. Incurring Costs
The Ci ty of Vis alia is not liable for any cost incurred by proposer s in responding to this R equest for Proposals.
R. Firearms Prohibited
Guns may no t be carried by contractors/vendors/consultants while worki ng on City of Visalia prem ises without the exp ressed writ ten approval of a City of Visalia Department Head, or an exem ption in the contract. If a contractor/vendor/consultant is caught carrying a g un, without City permission, their contract will be terminated.
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NON-COLLUSION AFFIDAVIT
To Accompany Proposal
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
_________________________, bei ng first duly sworn, deposes and says that he or she is _________ of __________ the party making the foregoing Bid; th at the Bid is not made in t he interest of, or on beh alf of, any undisclosed person, partnership, company, associa tion, organization, or co rporation; tha t the Bid is genuine an d not collusive or sham; that the BIDDER has not directly or indirectly induced o r solicited any other BIDDER to put in a false or sham Bid, and has not directly or indirectly colluded, conspire d, connived, or agreed wi th any BIDDER or anyone else to put i n a sham Bid, or th at anyo ne shall refrain from Bidding; that the BIDDER has not in a ny manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the B id price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other BIDDER, o r to secure any advantage a gainst the public body aw arding the contract of anyone interested in the proposed cont ract; that all statements contained in the Bid are true; and, further, that the B IDDER h as not, directly or indirectly, submitted his or her Bi d price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or p aid, and will not pay, an y fee to any c orporation, partnership , company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
State of California
County of ________________________
On this __________ day of _______________before me, ___________________________________________, a Notary Public, personally appear ed ___________ _________________________________,who prov ed to m e on the basis of satisfactory evidence to be the perso n(s) whose name(s) is/are subscribed to t he within i nstrument and acknowledged to me that he/she /they executed th e same in his/her /their authorized capa city(ies), and that by his/her/their signature(s) on the instrument the person (s), or the entity upon be half of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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WORKERS’ COMPENSATION INSURANCE CERTIFICATE
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
I am aware of the provisio ns of Section 3700 of t he Labor Code whi ch requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisio ns before commen cing the performance of the work under this contract.
Company: _________________________________________
Business Address: _________________________________________
Signature: _________________________________________
Name of Signing Official: _________________________________________
Title of Signing Official: _________________________________________
Date: _________________________________________
Company Seal:
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EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor iss ued pursuant t o Executive Orders 28925, 1 1114 or Sec tion 204 of Exec utive Order 11246 of September 24, 1965, duri ng the performance of each contract with the City of Visalia, the contractor agrees as follows:
1. The vendor will not discriminate against any e mployee or applicant for employment because of race, color, religion, gender, national origin or political affili ation. The contractor wil l take affirmativ e action to ensure that applicants are employed, and that employees are treated during employment, wi thout regard to their race, color, rel igion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the follow ing: employment upgradi ng, demotion or transfer, recruitment or recruitment advertising, layoff or te rmination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracti ng officer setting forth th e provisions of this nondiscrimination clause.
2. The vendor will, in all solicitations or advertisements for emp loyees, placed by or on behalf of the contractor, state that all q ualified applicants will receive consideration for e mployment without regard to race, color, religion, gender, national origin or political affiliation.
3. The vendor will send to each labor u nion or represent ative of workers with w hich he has a co llective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advis ing the labor union or the workers’ represent ative of the contractors’ commitments unde r Section 202 of Execut ive order 11246 of Septemb er 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The vendor will comply with all provisi ons of Executive Order 11 246 of September 24, 1965, and the rules , regulations and relevancy orders of the Secretary of Labor. Vendor will furnish all information and reports required by Executi ve Order 11246 o f September 24, 1965, and by the rules, regul ations and relevant orders of the Secretary of Labor, or pursuant thereto, and wi ll permit a ccess to his books, records and accounts by the con tracting agency and the Sec retary of Labor for purpo ses of investigation to ascertain compliance with such rules, regulations and orders.
5. In the event of t he vendor’s non-compliance with the no n-discrimination clauses of this subcontract or with any of su ch r ules, regulations or or ders, t his subcontract may be canceled, terminated or suspended, in whole, or in part and the vendor may be declared ineligible for further government c ontracts in accordance with the procedures authorized in accordance with Exec utive Or der 11 246 of Septem ber 24, 1965, and such ot her sanctions ma y be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.
6. The vendor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions wi ll be b inding upon each Subcontractor or vendor. The contractor will take such action with respect to any subco ntract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sancti ons for non-compliance. Provided, however, that in t he event the contractor becomes involved in, or is threatened with litigation with a s ubcontractor or ve ndor as a result of suc h direction by the contracting agency, the contractor may request the United States to enter into such l itigation to protect the interest of the United States.
Certification on Non-Segregated Facilities
The contra ctor hereby certi fies that it does not o r will not maint ain segreg ated facilities and not permit its employees to work at locations where facilities are se gregated on the basis of race, color, religion, gender, national origin or political affiliation.
_____________________________ ________________________________ __________________ Name of Firm Authorized Signature Date
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BIDDER’S STATEMENT ON PREVIOUS CONTRACTS
SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11426)
The BIDDER shall complete the following statement by checking the appropriate blanks:
The BIDDER h as_____ has not _____ participated in a previous contract subject to the Equal Empl oyment Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, 1965.
The BIDDER has _____ has no t _____ submitted al l co mpliance reports in con nection w ith an y such contract due under the applicable filing requirements; and th at representations indicating submission of required compliance reports signed by pro posed s ubBIDDERs will be awarded prior to award of subcontracts.
If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under app licable filing req uirements, the BIDDER shall submit a compliance report on Standard Form 100, “Employee Information Report EEO-I” prior to award of the contract.
Note: Failure to complete the blanks may be grounds for rejecting the bid.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal:
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CITY OF VISALIA
Ownership Disclosure for Contractors and Consultants
To Accompany Proposal
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:
Firm Name:
Firm Address:
List the names of all principals, partners, and/ or trustees. For corpo rations p rovide names of of ficers, directors and all stockholders owning more than 10% equity interest in corporation:
Submitted by: Name __________________________________________________________ Date __________________________________________________________
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AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C ., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By com mencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal:
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STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.10-2019)
CERTIFICATION
I, the official named below, hereby sw ear that I am duly au thorized legally to bi nd the contractor o r grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made unde r penalty of perjury under the laws of the State of California.
CONTRACTOR/BIDDER FIRM NAME
FEDERAL ID NUMBER
BY (Authorized Signature)
DATE EXECUTED
PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)
( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in ma tters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:
1. Publish a statement notifying employees that unla wful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and speci fying actions to be taken against employee s for violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.
4. At the election of the contractor or grantee, from and after the “Date Execute d” and until _________ ___ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency wi thout requiring the contractor or grantee to provide a n ew and individual certificate for each cont ract or grant. If t he c ontractor or grantee el ects to fill i n the blank date, th en the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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SAMPLE CONTRACT
ANNUAL CONTRACT FOR COMMUNITY FOREST MAINTENANCE
(City of Visalia RFP No. 20-21-49)
This Agreement, entered into and effective this ______ day of _______, 2021, by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ herei nafter referred to as the “VENDOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, VENDOR is an ___________________ _ (insert individu al or entity t ype) with a p rimary business address of ____________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and
WHEREAS, CITY desires services for Community Fore st Maintenance, which was let to bi d on ___________ as evidenced by RFP No. 20-21-49, Annual Contract for Community Forest Maintenance ; and
WHEREAS, City of Visalia reviewed and evaluated responses to the Proposal and determined to award a contract to VENDOR for Community Forest Maintenance; and
WHEREAS, VENDOR represents it is licensed, qualified and willing to complete the Project p ursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and VENDOR agree as follows:
1. TERM:
The term of this Agreement shall c ommence o n the Effective Date and expire upon compl etion of a ll obligations of the parties, unless earlier termin ated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and wit h the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminat ed for convenience. In the event of termination or expira tion of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The fo llowing are attachments for this Agreement. Said attachments are incorporated in to this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of V isalia RFP 20-21-49, Annual Contract f or Community Fo rest Maintenance
Attachment 4 Vendor’s proposal in response to RFP No. 20-21-49 Attachment 5 City of Visalia Labor Compliance Manual
3. VENDOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide the following services for the stated compensation (“Scope of Services”):
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A. The CONSULTANT agrees to perform all work n ecessary to co mplete in a m anner satisfactory to the CITY those tasks described in RFP 20-21-49, for the cost ide ntified in Attachment 2.
B. Additional Services: Incidental work related to the P ROJECT and not described in RFP 20-21-49, may be needed during the performance of t his Agreement. The C ONSULTANT agrees to provide any and all additional services at the rates identified in Attachment 2 - Schedule of Fees for Professional Services. Such a dditional services shall not be performed by CONSULTANT without the written consent of CITY.
4. CITY COMMITMENTS:
CITY shall perform all tasks described in RFP 20-21-49.
5. COMPENSATION:
CITY shall pay VENDOR compensation for services requested; however, CITY shall pay not more than the following amount under this Agreem ent, unless ot herwise agreed in writing. Such sum s hall be expended and paid by CITY on a reimbursement basis fo r services actually perfo rmed based on the monthly report and similar documents presented by VENDOR to CITY. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.
6. CONTRACT PRICE ADJUSTMENTS:
All prices shall be fi rm and fixed fo r twelve (1 2) months from the annual anniversary date of the agreement. Prices may be adjusted annually at time of contract renew al and upon mutual agreement of the parties. It will be the responsibility of t he contractor to req uest a pric e adjustment and to provide all documentation necessary. The request for price ad justment must be submitted to the Project Manager within the th irty (30 ) cal endar day period p rior to the annual anni versary d ate of the agreement as specified in the General Conditions of RFP 20-21-49.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. De partment of L abor Consumer Pric e Index (CPI ) f or all U rban Consumers ( CPI-U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period.
In no instance shall the p rice increase exceed 5%. The c ontract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
Cost $
Source of Funds: Local Revenues
Payment Schedule: As invoices are received
Annual Contract for Community Forest Maintenance
RFP NO. 20-21-49
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
VENDOR
Dated: ___________________ By: ______________________________________________________ Authorized Officer: I ce rtify under penalty of perjury under the laws of the S tate of Ca lifornia that I am fully authorized to execute this Agreement for VENDOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
Dated: ____________________ By: ______________________________________________________ City Manager
Dated: ____________________ By: ______________________________________________________ City Attorney
Dated: ____________________ By: ______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By: ______________________________________________________ City of Visalia Project Manager
Annual Contract for Community Forest Maintenance
RFP NO. 20-21-49
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
B. Prohibition of Assignment : Neither party shall assign, delegat e o r transfer their rights and duties in this Agreement without the written consent of the other party.
C. Notices: Not ice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent vi a the United States Pos tal Service, postage prepaid, addressed as follows:
CITY OF VISALIA ______________________________
707 W. Acequia Ave. ______________________________
Visalia, CA 93291 ______________________________
Attention: City Clerk/Purchasing Attention: ____________________
D. Independent Contractor: It is understood and agreed by t he parties herein that CONTRACTOR, in the performance of this Agreement, shall ac t as an independent contractor, and therefore shall obtain n o rights to any fringe benefits that accr ue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Remo val: This Agreement shal l be adminis tered and interpreted under the laws of the State of California. Jurisdiction of litigation arising fro m this Agreement shall be in California. Any action b rought to interpret or enforce this Agreement, or any of the terms or conditions hereo f, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any ac tion to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
F. Integration/Modification: Th is Ag reement and each of the documents and e xhibits or attachments referenced herein, which are incorpor ated b y re ference, represents the entire understanding of the parties as to those matters contained herein. No pri or oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.
This Agreement may not be modified or altered except in writing signed by the pa rties, unless otherwise explicitly authorized.
G. Conflict With Law: If any part of thi s Agreement is found to be in conflict with applicable l aws, such part shall be inoperative, null and void insofar a s it is in conflict with said law, but th e remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR w aives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to per son or property arising from, growing out of, or in an y way connected with or incidental to the CONTRACTOR’s perfor mance of this Agreement, except claim s ari sing from the concurrent or sole neglig ence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s opt ion) the CITY against any and all claims, demand s, damages, costs, expens es, or liability arising out of the CONTRACTOR’s perform ance of this Agreement except for liability arising out of t he concurrent or sole negligence of the C ITY or its of ficers, agents, or employees.
I. Guarantees and Warranties:
1. IN GENERAL : All guarant ees and warr anties specifically called for by the specif ications and/or this Agreement shall expressly run to the benefit of the CITY.
2. ONE YEAR GUARANTEE: Besides guarantees required elsewhere, CONTRACTOR shall and hereby does guarantee the project wo rk for a per iod of one year after the date of acceptance by CITY.
Annual Contract for Community Forest Maintenance
RFP NO. 20-21-49
3. WARRANTIES: Warranties required by the Invitat ion to Bid or th is Agreement shall commence on the dat e of ac ceptance of the work by CITY, unless otherwise provide d in a Certificate of Substantial Completion.
CONTRACTOR warrants that the mater ials and equipment furnished under the Agreement will be new and of recent manufacturer unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conf ormance with the Agreement. Work that does not conform may be considered defective. This warranty excludes remedy for damage or defect caused by abuse, mod ifications no t executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.
Any defective work that is either corrected or replaced shall be warr antied and guaranteed for a period of one year from the date of such correction or replacement.
J. Attorney’s Fees : In the event either pa rty commence s any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing par ty, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
K. Headings: Section headings are provi ded for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
L. Firearms Prohibited : Guns may not be carried by co ntractors/vendors/consultants while working on City of Visalia premises without t he expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
Annual Contract for Community Forest Maintenance
RFP NO. 20-21-49
Attachment 2
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance . CONTRACTOR, at its sole cost and expense, f or the full t erm of this Agreement (and any extensions thereof), shall obtain and maintain at a mini mum compliance with all o f the foll owing insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance . If CONTRACTOR ut ilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provid e evidence of insurance c overage fo r eac h subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum Limits . The following types of insur ance and mi nimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the la ws of the State of California providing coverage for any and all employees of CONTRACTOR in the min imum statutoril y required coverage amounts.
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, incl uding owned, non -owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the min imum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Comprehensive or Commercial General L iability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury
(2) personal injury
(3) broad form property damage
(4) contractual liability
(5) cross-liability
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance coverage require d in this Agreement is provi ded on a “Claims Made” rat her than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this A greement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of t his Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the las t annual policy premium during the term of this Agreemen t in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liabi lity Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City o f Visalia shall apply in exc ess of and not contribute with insurance provided by this policy.
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c. This insurance shall not be canceled, limited in scope or coverage, or non -renewed until after thirty (30) days prior written notice has been given to the City C lerk, City of Visalia, 707 W .
Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its i nsurance broker(s) with a full copy of these insurance provisions and provide CIT Y on or before the effective date of this Agreement with Cer tificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Ins urance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s ins urance com pany as evidence o f the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division