CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 21-22-36
ANNUAL CONTRACT
SUPPLY & DELIVERY OF
CITRIC ACID & SODIUM HYPOCHLORITE
(WATER CONSERVATION PLANT)
BIDS DUE NO LATER THAN 2:00 P.M. ON THURSDAY, APRIL 14, 2022
The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any part y, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself t he selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that bec ome effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.
Advertisement Dates: March 17, 2022
March 23, 2022
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
2 TABLE OF CONTENTS
I. DEFINITIONS ................................................................................................. 3
II. INTRODUCTION .............................................................................................. 3
III. INSTRUCTIONS .............................................................................................. 3
IV. SCOPE OF SERVICES/PROJECT .................................................................... 4
V. PRE-BID AND CONTRACT MEETINGS ............................................................. 4
VI. BID OPENING AND CONFIDENTIALITY ........................................................... 4
VII. AWARD ........................................................................................................... 5
VIII. PROTESTS/APPEALS ..................................................................................... 5
IX. SPECIAL CONDITIONS .................................................................................... 6
X. GENERAL CONDITIONS .................................................................................. 7
XI. POST AWARD RESPONSIBILITIES ................................................................. 10
EXHIBITS
A. BID FORM
B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND
QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Equal Employment Opportunity Compliance Certificate B-2. Non-Collusion Affidavit
B-3. Worker’s Compensation Insurance Certificate
B-4. Ownership Disclosure
B-5. Drug-Free Workplace Certificate
C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1- GENERAL CONTRACT PROVISIONS
ATTACHMENT 2- INSURANCE REQUIREMENTS
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
3 I. DEFINITIONS
For the purposes of RFB NO. 21-22-36, 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”, “Contrac tor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation 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 Bid.
5. “RFB” means Request for Bid No. 21-22-36.
II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids for an annual contract for the supply and delivery of Citric Acid and Sodium Hypochlorite for the Water Conservation Plant located at 7579 Ave 288 in Visalia, CA.
The initial contract shall be for a twelve (12) month period and shall, at the City’s option and upon mutually agreeable terms, be renewable annually thereafter for four (4) consecutive one-year periods.
Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.
The successful bidder shall be responsible for providing all services neces sary t o fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.
In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference w ill ap ply to any business that has a b usiness address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.
The local preferen ce for bids consists of a match prefer ence in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is wi thin the 5% range, the offer goes to the local vendor that is closest to the low bid.
III. INSTRUCTIONS
1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.
2. Cross out and initial mistakes in ink and place the correct response next to same.
3. Timely submit Bid in a sealed envelope addressed and marked as follows:
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
From: Bidders Name & Mailing Address
Marked: Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite RFB NO. 21-22-36
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
4 4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City will not c onsider Bids which are not accompanied by the required completed forms.
5. Inquiries: Instructions to Vendor, Specifications and Bid Forms may be inspected and obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334.
However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email [email protected].
Questions regarding this RFB are due no later than April 8, 2022.
IV. SCOPE OF SERVICES/PROJECT
Contractor shall be responsible for providing 12% Sodium Hypochlorite , and 50% Citric Acid in liquid form to the City of Visalia’s Water Conservation Plant (WCP). The WCP an ticipates usi ng approximately six-hundred (600) gallons per week of sodium hypochlorite and five (5) totes (275 gallons per tote) of citric acid per year. The WCP does not guarantee minimum orders of sodium hypochlorite or citric acid totes.
• Delivery days and hours are Monday-Friday from 7:00 a.m. - 2:00 p.m. • Delivery trucks must include a pallet jack (City will not provide) • City employees will provide fork lift to unload
• Citric Acid will be ordered and delivered as needed.
• Hypochlorite delivery will be set up with the vendor as a weekly delivery.
This is an all or nothing bid therefore bidders must bid on both products in order to be awarded this contract. It is the City’s intent to award one contract for the supply and delivery of BOTH products.
V. PRE-BID AND CONTRACT MEETINGS
1. A Non - Mandatory Pre-Bid Meeting. A non-mandatory pre-Bid meeting will be held on Thursday, March 31, 2022 at 10:00 a.m. at City Hall, 707 W. Acequia Ave. Attendance at this meeting is not required to submit a Bid in response to this RFB but is encouraged.
Information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquire d full knowledge of the job site, sc ope of work and any problems or difficulties that may affect the work proposed.
2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Man ager prior to the start of work t o discuss any problems or questions t hat may arise. Contractor shall contact the Project M anager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.
City Project Manager: Wyndi Ferguson
Department: WCP
VI. BID OPENING AND CONFIDENTIALITY
1. Bid Opening. Bids shall be opened publicly in the presence of at tendees, if any, on Thursday, April 14, 2022 at 2:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be open to public inspection at the Bid openi ng and after an award decision has been made. Other B id information will not be available for public review during the evaluation phase.
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
5 2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, o r to be provided copies of any such records. By submittin g a Bid, a Bidder agrees to indemnify and defend the City against all clai ms or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.
After the award, the City intends that its selection process will be o pen and public.
Respondents are advised that the Califor nia Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the ex press provisions of the Act.
The Federal Freedom of Information Act (“FOI A”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or F OIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the ti me of first submission of Bidder’s Bid to this RFB. Any f ailure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upo n request under either Act.
VII. AWARD
1. Most Responsive, Responsible B idder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1 -2) shall be awarded with reasonable promptness by appropriate written notice. Awar d shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the C ity. A responsible Bidder is one who has the capability, financia l capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, qua ntity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the C ity with its Award Notice to City within ten (10) working days of receipt thereof.
2. Reservation of Rights . The City reserves the right to reje ct any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.
VIII. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soli citing and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:
1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and
2. Should ident ify only the areas regarding bid contradictions, proc urement errors, quotation rating discrepancies, legality of pro curement context, conflict of interest in the rating process and inapp ropriate or unfair competitive procurement grievance regarding the Bid process.
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
6 3. The City’s Purchasing Divisio n shall h ave t he authority to settle and resolve each protest. The reso lution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.
4. Further levels of appeal ma y be made in a ccordance with the appeals provision contained in Chapter 5 of the C ity’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.
IX. SPECIAL CONDITIONS
1. Product Issues
a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, eq uipment and services necessary to fulfill the requirements of this RFB.
b. Product Inspection. The City will have ten (10 ) worki ng days to inspect product for appearance and confo rmance to al l other requirements of this specification. If deficiencies a re detected, the product will be rejected and the vendor will be requi red to make necessary adjustments or replacements.
Payment and/or commencement of a discount period, if applica ble, will not be made until the defects are corrected and the product re-inspected and accepted.
2. City-Contractor Relations
a. Project Mana ger’s Responsibility and Authority. City will designa te a Pr oject Manager. All work shall be done under the ge neral supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of products and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.
b. Control of Materials:
(1) Source of Supply an d Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new an d/or of a quality equal to that specified.
(2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a me ans of indicating kind, type, design, style, finish, d urability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibil ity of Contractor. City shall be the sole judge as to the adequacy of any item for substitution.
(3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.
3. Legal Responsibilitie s. It is t he responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Unifo rm Buil ding, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shal l provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Saf ety Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to c arry out RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
7 the project. Contractor shall comply with all applicable labor l aws, and ensure against discrimination.
X. GENERAL CONDITIONS
1. It is the policy of the City to provide equal opportunit y to all candidates when selecting Bidders to provide pub lic services. Bidders are expected to be equal opportunity employers.
The City hereby affirmatively ensu res that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE ) will be a fforded full opportunity to subm it proposals in response to this notic e. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be d iscriminated against on the basis of race, religion, color, national origin, ances try, physic al or m ental disability, medical condition, genetic infor mation, marit al 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 discri mination under any program or activity that receives or benefits from Federal financial assistance.
Bidder shall provide to the Ci ty a list of all instances within the last ten (10 ) years where a complaint was f iled or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A descr iption of the status or resolution of that complai nt, including any remedial action taken is required.
2. Post-Closing Date Corrections are prohibited.
3. Bids will not be accepted unless signe d in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.
4. Bids must be submit ted on or before the Closing Date. Any Bids received after th e Closing Date and Time specified shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.
5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.
6. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.
7. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.
8. All Bids are the property of the City after submission.
9. City is not responsible for Bid errors and omissions.
10. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.
11. A written amendment or addenda issued by City’s Purchasing Div ision is the only method which should be relied on wit h respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
8 12. Any contract resulting from the RFB will be jointly administered by the City ’s Purchasing Division, and the Department requesting Bids.
13. Prior to conducting business in the City, a bu siness tax certificate (license) must be obtained. Call (559) 713-4326 for more information.
14. Bidder shall provide insurance as required by law and as indicated in the proposed contract.
15. Bidder shall main tain all personnel files and pay roll records for emp loyees used to implement the proposed contract.
16. Bidder shall withhold, pay and report all t axes and issue W-2 forms at the end of each calendar year for employees used to implement the proposed contract.
17. Pursuant to the City’s Charte r, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices a re equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.
18. The City may make such invest igation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal hi story information, contractual and business associations and practices, employment histor ies a nd reputation.
19. All California agenc ies may purchase off the Proposal submitted at the same prices, terms, conditions and specifications. The City of Visalia s hall incur no responsibility in connection with another agency’s purchase.
20. Each Bidder, will be requ ired to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.
21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are give n as a basis f or compa rison of Bids. The Cit y of Visalia does not, expressly or impliedly agree that the actual am ount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.
22. Bidders shall satisfy thems elves by personal examination of the work site, specifications, plans, and other contract documents and by any other means as they believe necessary, as to the actual physical conditions , requirements, and difficulties under which the project must be perfo rmed. The submission of a Bid shall be conclusive evi dence t hat the Bidder has investigated, and is satisfied as to the conditions encountered , as to the character, quality, and quantit ies of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allo wance s hall subsequently be made because of lack of such examination or knowledge.
23. All Bidders are req uired to make a Bid on the complete Bid Form (Exhibit “A”) .
Contractor may be required to su bmit Bids on alternate items. The City reserves the right to award to the contract based on the lowest combina tion or combinations of Bid items and alternate Bid items.
24. No menti on shall be made in the Bid of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include an y such taxes, which may be applicable.
25. Only one Bid may be subm itted as a “ Prime Contractor” for the same work by any firm, in dividual, partnership, corporation or combination thereof. A Contractor RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
9 submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors. R easonable grounds for believing that any individual, firm, partnership, cor poration or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection o f all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A Contractor who is not submitting a Bid as a Prime C ontractor may submit any number of sub-Bids to competing Prime Contractors.
26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.
27. The annual contract resulting from this invitation to bid will be administered by the Public Works Depar tment. However , the City’s Purchasing Division shall be the final judge concerning issues or matters related t o contract i nterpretation or pro blems regarding the terms, conditions or scope of the contract.
28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR , be extended annually thereafter for four (4) consecutive one-year periods. Contract shall be beg in no later than 15 days from the receipt of annual contract.
29. All prices quoted in response to this Invitation to Bid shal l be firm and fixed for twelve (12) months from the annua l anniversary date of t he agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a pri ce adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted ann ually at tim e of contract renew al and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the re sponsibility of the contractor to request a price adjustment a nd t o provide all d ocumentation necessary. The request for pri ce adjustment must be submitted to the Project Manager within the thir ty (30) calendar day period prior to the annual annive rsary d ate of the agreement. Requests filed after this t ime period will not be considered.
The unit prices for the ensuing contrac ts shall be based on the movement of the unadjusted figures of the U.S . Department of Labor Consumer Price Index (CPI) for a ll Urban Consumers (CPI -U All Cities Average). The contr act unit pri ces may be changed in an amount equal to the percentage of move ment for the most recent twelve-month period. In no instance shall the price increase exceed 5%. The contract unit price ch anges as a result of this formula shall be binding on the contractor for the sub sequent contract year. The adjustment of the unit b id price shall not be retroactive and shall apply only to changes incurred after approval.
30. This contract may be terminated without cause by the City, in whole or in part, by giving the Contrac tor fifteen (15) da ys written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.
If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination s hall take effect ten (10) calendar days after the date of mailing said termination notice.
Any assignment, subletting or transfer o f the interest of the contractor, either in whole or in part, without the written consent of the City shall be cause for the City t o immediately terminate the agreement for default.
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Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
10 Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.
XI. POST AWARD RESPONSIBILITIES
1. Written Contract with City. A written agreement in a form similar to tha t attached to this Request fo r Bid as Exhibit “C” with Attachments 1 -2 must be entered into between the City and the Contractor to who m the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the dat e of award notification unless otherwise agreed.
2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately repo rt all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.
3. Insurance. Contractor shall ob tain an d maintain the minimum insurance coverage outlined Exhibit “C” , Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.
Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
11 EXHIBIT “A”
BID FORM
RFB NO. 21-22-36
Project: SUPPLY & DELIVERY OF CITRIC ACID & SODIUM HYPOCHLORITE
TO: THE CITY OF VISALIA PURCHASING DIVISION:
In com pliance with the City’s Notice Inviting Sealed Bids No. 21-22-36 dated: ____ _______________, the undersigned BIDDER hereby proposes to furnish all materials, equipm ent, tools, and labor required fo r the a bove sta ted project as set forth in the RFB, includi ng all Exhibits and related contract documents therefore.
BIDDER declares that this proposal is based upon careful examination of the Instructions to BIDDERs and the contract requirements. If this bid is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.
BIDDER understands that failure to ent er into a contract in the time and manner said , the Purchasing Division may proceed to award the contract to other Bidders.
BIDDER un derstands that a bid is required for the product and that compensati on under the contract will be based upon the product c ondition received as stated in the bid spe cifications. It is agreed that all prices bid include all appurtenant expenses, taxes, roya lties and fees. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.
BIDDER hereby agrees to execute a contract within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, an d it is hereby mutually understood and agreed that in case the BIDDER does not, said Purchasing Division may proceed to award the contract to others.
BIDDER agrees to commence the work on the start date agreed between BIDDER and Project Manager, only after the contract is fully executed and Notice to Proceed has been issued.
BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of fre e competitive bidding in connection with said bid.
Bid Award shall be based on the lowest Total Annual Cost. The quantities given on the Bid Proposal form and any related contract documen ts are estimates only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impl iedly agree that the actual amount of work will correspond therewith, and reserves the right to increase or d ecrease the amount of any class or portion of work, or to omit portion of the work, as the Ci ty deems necessary or advisable, at the prices Bid.
BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.
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Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
12 Description: Supply and
Delivery of Citric Acid &
Sodium Hypochlorite
RFB 21-22-36
Unit Cost
(A)
Tote Size
(B)
Number
of Totes
(C)
Annual Cost
(includes tax, freight &
surcharge)
(A x B x C)
12% Sodium
Hypochlorite $_______/gallon 600
gallons 52 $__________________________
50% Citric Acid $_______/gallon 275
gallons 5 $__________________________
TOTAL ANNUAL COST
$______________________
(1) ________________________________________________________________________________________________ Bidding Firm
(2) ________________________________________________________________________________________________ Corporation, Partner, Joint Venture
(3) ________________________________________________________________________________________________ Business Address City State Zip Code
________________________________________________________________________________________________ Telephone Number
________________________________________________________________________________________________ E-mail Address
(4) ________________________________________________________________________________________________ Signature of Authorized Person (Date)
________________________________________________________________________________________________ Type or Print Authorized Person’s Name
PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE
(1) If the BIDDER is an individual, enter name here in style u sed in business; if a join t venture, exact name of entities joining in the vent ure; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.
(2) If BIDDER i s other than an individ ual, identify here its character, i.e., join t venture, partnership, corporation, including the st ate of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”.
(3) State on thi s line, the ad dress to which all communications and notices regarding t he Bid Proposal, and any contract awarded thereunder, are to be addressed.
(4) If BIDDER is a joint venture, signature must be by one of the joint ventur ers, and if o ne or both of the joint venturer s is a partnership or a corporation, each par ticipating p artnership must sign by a general partne r, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corpora tion, by an authorized officer or employee. The title of the p erson signing must appear a fter his/ her signature. Where BIDDER is a partnersh ip or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.
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Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
13 Note: All names must be typewritten unde r written signature. All Addresses must be complet e with street number, city, state and zip code.
CONTRACTOR’S PERMIT INFORMATION
License Number: _________________________________________ License Classification:_____________________________________ Expiration Date: __________________________________________
CITY OF VISALIA BUSINESS TAX CERTIFICATE NO.: _________________________________ A City Business Tax Certificate (License) is not required to submit a bi d; however, vendor is required to obta in a certificate prior to commencement of work . Contact th e Busin ess Tax Division with questions at (559) 713-4326.
Federal Tax I.D. No.: ____________________________________________________
REFERENCES
The following are the names, addresses, and telephone numbers for a t least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past two (2) years.
Company Name Address Tel. No. Contact
1._____________________________________________________________________________________________
2._____________________________________________________________________________________________
3._____________________________________________________________________________________________
DESIGNATION OF SURETIES
The following are the names, ad dresses, and telep hone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.
Company Name Address Tel. No. Type
__________________________________________________________________________________________________
____________________________________________________________________________ ______________________
__________________________________________________________________________________________________
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
14 EXHIBIT “B-1”
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
To Accompany Bid
Equal Opportunity Clause
Unless exempted by rules, regulation s or o rders of the Secretary of Labor issue d pursuant to Executive Orde rs 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:
1. The BIDDER will not discriminate against any empl oyee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BI DDER will take affirmative action t o ensure that applicants are employed, and that employ ees ar e treated during employment, without regard to their race , color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the fol lowing:
employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, avai lable to employees and applicants for employment, noti ces to be provided by the contracting offic er setting forth the provisions of this nondiscrimination clause.
2. The BIDDER will, in all solicitations or advertisement s for employees, placed by or on be half of the BIDDER, state that all qualified applicant s will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.
3. The BIDDER will send to each labor union or represe ntative of w orkers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and sh all po st copies of the notice on conspicuou s places a vailable t o employ ees and applicants for employment.
4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.
5. The BIDDER will f urnish all information and r eports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations an d relevant orders of th e Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency an d the Se cretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
6. In the event o f the BIDDER’s non -compliance with the non -discrimination cl auses of this subcontract or with any of such r ules, regu lations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and t he BIDDER may be declar ed ineligible for further government contracts in accordance with the procedures authorized in accordance wit h Executive Order 11 246 of S eptember 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in E xecutive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secret ary of Labor, or otherwise provided by law.
7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exem pted by rules, regulati ons or order s of the Secretary of Labor issued pursuant to Section 204 o f Executive Order 11246 of September 24, 1965, so that such provi sions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enf orcing such provisions including sanc tions for non-compliance.
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
15 Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER o r vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal:
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
16 EXHIBIT “B-2”
NON-COLLUSION AFFIDAVIT
To Accompany Bid
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
_________________________, being first duly sworn, deposes an d says that he or she is _________ of __________ the party making the fo regoing Bid; that the Bid is not made in the in terest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporatio n; that the Bid is genu ine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a f alse or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any B IDDER or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; tha t the BIDDER has not in any manner, directl y or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any oth er BIDDER, or to fix an y overhead, profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advant age against the public body awarding the contract of anyone interested in the proposed contract; that all statements contain ed in the Bid are true; and, further, that the BIDDER has not, directly or indirectly, su bmitted his or her Bid price or any breakdown thereof, or the c ontents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partn ership, comp any 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 appeared ____________ ________________________________,who proved to me on the basis of satisfactory evidence t o be t he pe rson(s) whose name(s) is/are sub scribed to the withi n instru ment and acknowledged to me that he/she/they executed the same in his/her/their authorized capac ity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf 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 forego ing 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 identit y of the ind ividual who signed the document to which this certific ate is attached, and not the truthfulness, accuracy, or validity of that document.
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
17 EXHIBIT “B-3”
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)
To Accompany Bid
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
I am aware of the provisions of Section 3700 of the L abor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of t hat code, and I will co mply with su ch provisions before commencing the performance of the work under this contract.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal:
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
18 EXHIBIT “B-4”
CITY OF VISALIA
Ownership Disclosure for Contractors and Consultants
To Accompany Bid
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:
Firm Name:_______________________________
Firm Address:____________________________
List the names of al l principals, partners, and/or trustees. For corporati ons provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
Submitted by: Name __________________________________________________________ Date __________________________________________________________
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
19 EXHIBIT “B-5”
To Accompany Bid
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under 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 matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees 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 con tractor or g rantee, from and after the “Date Executed” 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 without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the co ntractor or grantee elects to fill in the blank date, th en the terms and conditions of this certificate shall have th e same force, meanin g 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.
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
20 EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid)
ANNUAL CONTRACT FOR SUPPLY & DELIVERY OF CITRIC ACID & SODIUM HYPOCLORITE (City of Visalia Bid No. 21-22-36)
This Ag reement, e ntered i nto and effective this ________ day of ________________, 2022 [“Effective Date”], by and be tween the City of Visalia, he reinafter re ferred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRAC TOR”, “BI DDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is Citric Acid & Sodium Hypoclorite supplier with a primary business address of ______________________________________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and
WHEREAS, City of Visalia reviewed and evaluated responses to the Request for Bid and determined to award contract to CONTRACTOR for the Annual Project; and
WHEREAS, CONTRACTOR rep resents it is licen sed, qualified and willing to compl ete the Pr oject pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expi re upon completion of all obligations of the p arties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at t he City’s option and with the consent of the CONTRACTOR , be extended annually thereafter for fou r (4) consecutive one -year periods.
Additionally, th is Agreement may be terminated for convenience. In the event of termination or expiration of t his Agreemen t, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into th is Agreement as if included in full in the body:
ATTACHMENT# DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 21-22-36, Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite
Attachment 4 CONTRACTOR’s bid in response to Bid No. 21-22-36
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR sha ll prov ide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):
All work described in Scope of Services in Bid No. 21-22-36.
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor as items are delivered and invoiced As requested by Contractor RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
21 5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay no t more than the following amount as total compensation under this Agreement, unless otherwis e agr eed in writi ng. Such sum shall be expended and paid by CITY on a reimbursement basis fo r servic es actually p erformed based on invoice s, recei pts, time sheets and similar documents presented by CONTRACTOR to CITY.
6. CONTRACT PRICE ADJUSTMENTS:
All prices shall be firm and fixed for twelve (12 ) months from the annual anniversary date of t he agreement. Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties. It will be th e responsibility of the con tractor to request a price adjustment and to provide all documentation necessary to support this r equest. The request for price ad justment must be submitted to the Project Manager wi thin the thirty (30) calendar day period prior to the annual anniversary date of the agreement as specified in General Conditions of RFB-21-22-36.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U .S. D epartment of Labor C onsumer Price Ind ex (CPI ) for all Urban Consum ers (CPI-U All Cities Average). The contract u nit prices may be ch anged in an amount equal to the p ercentage of movement for the most recent twelve-month period.
In no instance shall the annual price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustm ent of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: ___________________ By:______________________________________________________ Authorized Officer: I certify under penalty of pe rjury under the laws of the State of California that I am fully au thorized to execute this Agreement for CONTRACTOR 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
Total Compensation: $
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for delivered product RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
22 Exhibit “C”
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and A ssigns: This Agre ement s hall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
B. Prohibition of Assignm ent: Neither party shall assign, delegate or transfer their right s and duties in this Agreement without the written consent of the other party.
C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an offi cer or princ ipal of the CONTRACTOR, or if sent via the United Stat es Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________
D. Independent Contra ctor: It is understood and a greed by the parties herein th at CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Remova l: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agr eement shall be in California. Any action brought to interpret or enforce this Agreement, or a ny of the te rms or c onditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 3 94 of the California Code of Civil Procedure.
F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by re ference, rep resents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.
This Agreement may not be modified o r altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With L aw: If any part o f this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
H. Indemnification: T he CONTRAC TOR wai ves any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or pro perty arising from, growing out of, or in any way connected with o r incidental to the CONT RACTOR’s performance of t his Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemn ify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, e xpenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurr ent or sole negligence of the CITY or its officers, agents, or employees.
I. Attorney’s Fees: In the e vent eit her party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its att orney’s fees and court c osts incurred in the action brought thereon.
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
23 J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
K. Firearms Prohibited : Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exempt ion in the c ontract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
24 Exhibit “C”
Attachment 2
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions t hereof), shall obtain an d maintain at a minimum compliance with a ll of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CI TY and any i nsurance 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 utilizes one or more subcontractors in the performance of this Agre ement, CONTR ACTOR shall obtain and maintain independent insurance as to each subcontractor or o therwise pr ovide ev idence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum Limits . The f ollowing typ es of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insura nce for each of CO NTRACTOR’s vehicles used in the performance of this Agreement, including owned, non -owned (e.g. owned by CONTRACTOR’s employees or c ontractors), leased or hired vehicles, in the minimum amount of $1 ,000,000 combined single limit per occur rence for bodily i njury and property damage.
c. Comprehensive or Commercial General Liability 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 required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (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 this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement 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 Liability Insurance shall be endorsed to contain the following clauses:
RFB NO. 21-22-36
Annual Contract for Supply & Delivery of Citric Acid & Sodium Hypochlorite (Water Conservation Plant)
25 a. The City of Visalia, its officers, agents, empl oyees, repre sentatives, and volunteers are added as additional ins ureds as respects operat ions and activit ies of, or on beha lf of t he named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insur ance sha ll 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 Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR ag rees to pro vide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Ce rtificate(s) of Insurance for all required coverages. Copies of a ll the required Endorsem ents shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s in surance company as evidence of the stipulated coverages. This Pro of of Coverage shall the n be mailed to t he City of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division