CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 21-22-37
ANNUAL CONTRACT
SUPPLY & DELIVERY OF POLYMER
(WATER CONSERVATION PLANT)
BIDS DUE NO LATER THAN 1:00 PM 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 party, 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 the selection of winning respondent(s), if any, i n t he ex ercise 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 become effective in accordance with their terms. R esponses 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. 21-22-37
Annual Contract for Supply & Delivery of Polymer
(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 .................................................................................... 5
X. GENERAL CONDITIONS .................................................................................. 6
XI. POST AWARD RESPONSIBILITIES .................................................................. 9
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. 21-22-37
Annual Contract for Supply & Delivery of Polymer
(Water Conservation Plant)
3 I. DEFINITIONS
For the purposes of RFB NO. 21-22-37, 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 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. 21-22-37.
II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids for an annual contract for the supply and delivery of Polymer to the Water Conservation Plant.
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 necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.
In an effor t t o encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office B ox will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.
The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder wi ll 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 within 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 Polymer RFB NO. 21-22-37
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 consider Bids which are not accompanied by the required completed forms.
RFB NO. 21-22-37
Annual Contract for Supply & Delivery of Polymer
(Water Conservation Plant)
4 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 to [email protected].
Questions regarding this RFB are due no later than Friday, April 8, 2022.
IV. SCOPE OF SERVICES/PROJECT
Contractor shall be responsible for provi ding polymer in tot e and b ulk to the City of Visalia Water Conservation Plant (WCP) located at 7579 Avenue 288 in Visalia, CA . The WCP currently uses Clarifloc WE1709 at the gravity thickener process and Clarifloc C6262 at the dewatering process.
The polymer product must b e high charged and high molecular weight cationic emulsion with at least 45.0% total solids. The WCP uses appro ximately twelve (12) totes per year at the gravity thickener process and anticipates using approximately twelve (12) bulk loads per year at the dewatering process. The WCP does not guarantee a minimum order of polymer totes or bulk loads.
• A tote of plymer is approximately 275 gallons.
• A bulk load of polymer is approximately 5,000 gallons. • Delivery days and hours are Monday-Friday, 7:00 a.m.-2:00 p.m. • Delivery trucks need to include pallet jacks (City will not provide) • City will provide fork lift for unloading
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 11:00 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 Manager 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 attendees, if any, on Thursday, April 14, 2022 at 1:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and t he amount of each Bid shall be open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.
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, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all c laims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.
RFB NO. 21-22-37
Annual Contract for Supply & Delivery of Polymer
(Water Conservation Plant)
5 After the award, the City intends that it s selection pr ocess will be open and public.
Respondents are advised that the Cali fornia 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 disclosu re by the expr ess provisions of the A ct.
The Federal Freedom of Information Act (“ FOIA”) 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 th e PRA or F OIA. Any information conta ined 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 time of first submission of Bidder’s Bid to this RFB. Any fai lure to identify inform ation contained in a Bidder’s Bid to this RFB as “Prop rietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.
VII. AWARD
1. Most Responsive, R esponsible Bidder . 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. Award shall be made to the most responsive, respo nsible Bidder wh ose 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 capabi lity, financial capacity and integrity to perform the contract. A responsive Bidder i s one w ho commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the Cit y with its A ward Notice to City within ten (10) working days of receipt thereof.
2. Reservation of Rights . The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularitie s 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 Ci ty to offer Bidders the opportunity to a ppeal 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 Vis alia 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 b id contradictions, procurement errors, quotation rating discrepancies, legality of pro curement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.
3. The City’s Purchasing Division shall have the 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 o f appeal may b e made in accord ance with the appeals provision contained in Chapter 5 of t he City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.
RFB NO. 21-22-37
Annual Contract for Supply & Delivery of Polymer
(Water Conservation Plant)
6 IX. SPECIAL CONDITIONS
1. Product Issues
a. Complete Project. The successful Bidder shall be res ponsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB.
b. Product Inspection. The City will have ten (10) working days to inspect product for appearance and conforman ce to all other require ments of this specification. If deficienci es are d etected, the product will be rejected and the vendor will be required to make necessary adjustments or replacements.
Payment and/or commencement of a discount pe riod, if applicable, will not be made until the defects are corrected and the product re-inspected and accepted.
2. City-Contractor Relations
a. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be d one under the general 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 Manage r shall not have con trol over acts or omissions of the Contractor, Subcontractors, their agents or employees.
b. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contracto r shall be new and/or of a quality equal to that specified.
(2) Equivalent Material s. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability 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 responsibility of Contractor. City shall be the sol e judge as to the ad equacy of any item for substitution.
(3) Manufacturer’s Directio ns. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.
3. Legal Responsibilities. It is the responsibili ty 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 Uniform Building, Plumbing, Mechanical, Electr ic, and Fire Codes. Contractor shall provi de a safe working environment in compliance with th e Occupational Safety and Health Act, and California Health and Safety Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Con tractor shall comply with all applicable la bor laws , and ensure against discrimination.
RFB NO. 21-22-37
Annual Contract for Supply & Delivery of Polymer
(Water Conservation Plant)
7 X. GENERAL CONDITIONS
1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public 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 discrim ination under any program or activity that receives or benefits from Federal financial assistance.
Bidder shall provide to the City a list of all instances within the last te n ( 10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that co mplaint, including any remedial action taken is required.
2. Post-Closing Date Corrections are prohibited.
3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.
4. Bids must be submitte d on or before the Closing Date. Any Bids received after the Closing D ate 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 withdra wn prior to the Bid Closing D ate 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 am endment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Di vision prior to submitt ing a Bid to determine if any amendments were made to the RFB.
12. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.
RFB NO. 21-22-37
Annual Contract for Supply & Delivery of Polymer
(Water Conservation Plant)
8 13. Prior to c onducting business i n the City, a business 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 maintain all personn el files and payroll records for employees used to implement the proposed contract.
16. Bidder shall withhold, pay and report all taxes 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 Charter, all other things being e qual, tie Bids shall be awarded to a l ocal merchant to the extent quality and prices are 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 investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, e mployment histories and reputation.
19. All California agencies may purchase off t he Proposal submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.
20. Each Bidder, will be required 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 for comparison o f Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount 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 themselves by personal examination of the work site, specifications, plans, and other contract documents and by any other means as t hey believe necessary, as to the actual phy sical conditions, requirements, and di fficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, qual ity, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.
23. All Bidders are required t o make a Bid on the complete Bid Form (Exhibit “A”) .
Contractor may be required to submit Proposals on alternate items. The City reserves the right to award to the contract based on the lowest combination or com binations of Proposal items and alternate proposed items.
24. No mention shall be made in the Proposal of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.
25. Only one Bid may be submitte d as a “ Prime Contractor” for the same work by any firm, indi vidual, partnership, corporation or combination thereof. A Contractor RFB NO. 21-22-37
Annual Contract for Supply & Delivery of Polymer
(Water Conservation Plant)
9 submitting a Bid as a Prime Contractor may not also submit sub -Bids to other competing Prime Contractors. Reasonable grounds for believing that an y individual, firm, partnership, corpo ration or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A Contractor who is no t s ubmitting 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 t o this Request for Bid.
27. The annual contract resulting from t his invitation to bid will be administered by the Public Works Department. However , the cities Purchasing Division shall be the final judge concerning issues or matters relat ed to contract inter pretation or problems 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 annu ally thereafter for four (4) consecutive one-year periods. Contract shall be begin no later than 15 days from the receipt of annual contract.
29. All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary d ate of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjuste d a nnually at time o f contract renewal and upon mutual agreement of the parties t o the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a p rice adjustment and to provide all document ation necessary. The request for pric e a djustment must be submitted to the Project Manager within the thirty (30) calendar day period prior to the annual anniversary date of the agreement. Requests filed after t his time period will not be considered.
The unit prices for the ensuing contract s s hall be based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI -U All Cities Average). The contract unit prices may be changed in an a mount equal to the percentage of movem ent for the most recent twelve-month period. In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding o n the contractor for the subsequent contrac t year. The adjustment of the unit bi d p rice 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 Contractor fifteen (15) days writ ten 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 c onditions of the contra ct, 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 shall take effect ten (10) calendar days after the date of mailing said termination notice.
RFB NO. 21-22-37
Annual Contract for Supply & Delivery of Polymer
(Water Conservation Plant)
10 Any assignment, subletting or transfer of the interest of the contractor, 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.
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 t o that attached to this Request for 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 provide d with the Notice of Award and must be e xecuted and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.
2. Post-Award Responsibilities. Upon execution of the Agree ment between the C ity and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.
3. Insurance. Contractor shall obtain and 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. 21-22-37
Annual Contract for Supply & Delivery of Polymer
(Water Conservation Plant)
11 EXHIBIT “A”
BID FORM
RFB NO. 21-22-37
Project: SUPPLY & DELIVERY OF POLYMER
TO: THE CITY OF VISALIA PURCHASING DIVISION:
In compliance with the City’s Notice In viting Sealed B ids No. 21-22-37 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, and labor required for the above stated project a s set forth in the RFB, including 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 bi d is accepted for award, BIDDER agrees to ente r into a contract with CITY at the unit and/or lum p sum prices set forth in the following Bid Schedule.
BIDDER understands that failure to enter into a contract in the time and manner said Purchasing Division may proceed to award the contract to other Bidders.
BIDDER understands that a bid is required for t he product and that compensation under the contract will be based upon the product condition received as stated in the bid specifications. It is agreed that all prices bid include all a ppurtenant expenses, ta xes, royalties 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 free co mpetitive 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.
RFB NO. 21-22-37
Annual Contract for Supply & Delivery of Polymer
(Water Conservation Plant)
12 Description: Supply and Delivery of Polymer
RFB 21-22-37
Item Unit Cost
(A)
Quantity
(gallons)
(B)
Number of
Annual Services
(C)
Total Cost
(includes tax, freight & surcharge)
(A x B x C)
Tote $_______/gallon 275 12 $________________
Bulk $_______/gallon 5,000 12 $________________
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 used in business ; if a joint venture , exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.
(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture , partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full).”
(3) State on this line, the address to which all communications and notices regardi ng 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 venturers, an d if o ne or both of the joint venturers is a partnership or a corporatio n, each participati ng p artnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, b y an authorized officer or employee. The title of the person signing mu st appear after his /her signature. Where BIDDER is a partnership 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.
RFB NO. 21-22-37
Annual Contract for Supply & Delivery of Polymer
(Water Conservation Plant)
13 Note: All names must be typew ritten under writte n signature. All Addresses must be complete 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 (Lic ense) is not required to submit a bid; however, vendor is required to obtain a City Tax Certificate prior to commencement of work . Contact the Business Tax Division with questions at (559) 713-4326.
Federal Tax I.D. No.: ____________________________________________________
REFERENCES
The following are the names, addresses, and telephone numbe rs for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past two years.
Company Name Address Tel. No. Contact
1.______________________________________________________________________________________________
2.______________________________________________________________________________________________
3.______________________________________________________________________________________________
DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.
Company Name Address Tel. No. Type
_____________________________________________________________________________ _____________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
RFB NO. 21-22-37
Annual Contract for Supply & Delivery of Polymer
(Water Conservation Plant)
14 EXHIBIT “B-1”
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
To Accompany Bid Form
Equal Opportunity Clause
Unless exempted by rules, re gulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executi ve Orde r 11246 of September 2 4, 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 employee or applicant for employment because of race, color, religion, ge nder, national origin or poli tical affiliation. The BIDDER will take affirmative action to ensu re that applicants are employed, and tha t employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such act ion shall include, but not be limited to, the following:
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, available to employees and applicants for employme nt, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
2. The BIDDER will, in all soli citations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified a pplicants 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 representative of workers 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 Exe cutive Order 11246 of September 24, 1965 , and shall post copies of the notice on conspicuous places available to employees 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 furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investig ation t o ascertain compliance with such rules, regulations and orders.
6. In the event of the BIDDER’s non -compliance with the non -discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, ter minated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordan ce with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctio ns may be imposed and remedie s invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of th e Secretary 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 exempted by rules, regulations or orders of t he Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or ven dor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may RFB NO. 21-22-37
Annual Contract for Supply & Delivery of Polymer
(Water Conservation Plant)
15 direct as a means of enforcing such provisions including sanctions for non -compliance.
Provided, however, that in the event the B IDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a resu lt 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:
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Annual Contract for Supply & Delivery of Polymer
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16 EXHIBIT “B-2”
NON-COLLUSION AFFIDAVIT
To Accompany Bid Form
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
_________________________, being first duly sworn, deposes and says that he or she is _________ of __________ the party making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partner ship, company, association, o rganization, or corporation; that the Bid is genuine and not collus ive or sham; that the BIDDER has not dir ectly or indirectly induced or solicited any other BIDDER to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from Bidd ing; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference wi th anyone to fix the Bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit , or cost element of the Bid price, or o f that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid are true; and, further, tha t the BIDDER has not, directly or indire ctly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company as sociation, 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 pro ved to me on the basis of satisfactory e vidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/ her/their authorized capacity(ies), and that by his/her/their sign ature(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 u nder 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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17 EXHIBIT “B-3”
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)
To Accompany Bid Form
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to underta ke self-insurance in accordance with the provisions of that code, and I will comply with such pr ovisions 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:
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Annual Contract for Supply & Delivery of Polymer
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18 EXHIBIT “B-4”
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 prin cipals, partners, and/or trustees. For c orporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
Submitted by: Name __________________________________________________________ Date __________________________________________________________
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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 contractor or grantee, 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 contractor or grantee elects to fill in the blank date, th en the terms and conditions of thi s certi ficate shall have the same force, meaning effect and enforceability a s 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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20 EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)
ANNUAL CONTRACT FOR SUPPLY & DELIVERY OF POLYMER
(City of Visalia Bid No. 21-22-37)
This Agreement, entered into and effective this ________ day of ________________, 2022 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter ref erred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is an Polymer supplier with a primary busin ess add ress of _________________________________________________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and
WHEREAS, City of Visalia reviewed and eval uated responses to the Request for Bid and determin ed to award contract to CONTRACTOR for the Annual Project; and
WHEREAS, CONTRACTOR represent s it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall comme nce on the Effective Date and expire upo n completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the Ci ty’s op tion and with the consent of the CONTRACTOR , be extended annually there after for four (4) consecutive one -year periods. "Additionally, this Agreement may be terminated for convenien ce. In the event of termination or expiration of t his Agreement, C ONTRACTOR shall transfer to CITY any fu nds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreem ent. Said attachments are incorporated into this 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 21-22-37, Annual Contract for Supply & Delivery of Polymer Attachment 4 CONTRACTOR’s bid in response to Bid No. 21-22-37
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide 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. 21-22-37.
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. 21-22-37
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21 5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragrap h 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreeme nt, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement ba sis for services actually performed base d on invoices, receipts, 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-21-22-37.
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 O fficer: I certify under penalt y of perjury under the laws of the State of California that I am fully authorized 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. 21-22-37
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22 Exhibit “C”
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns : Th is 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, delegate or transfer thei r rights and duties in this Agreement without the written consent of the other party.
C. Notices: Notice shall be sufficient hereunder if personally se rved upon the City Clerk of the CITY or an off icer or principal of the CONTRACTOR, or if sent via the Unit ed States Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties her ein that CONTRACTOR, in the performance of this Agreement, shall act as an independent con tractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Removal : This Agr eement shall be administered and interpreted under the laws of the State of California. J urisdiction of litigation arising from this A greement shall be in C alifornia. Any action brought to inter pret or enforce this Agreement, or any of the terms or condi tions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expres sly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Se ction 394 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 reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or wri tten understanding shall be of any force or effect with respect to those matters covered h ereunder.
This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law : If any part of 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: The C ONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or p roperty arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACT OR will indemnify, hol d harmless, and defend (at CITY’s optio n) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concu rrent or sole negligen ce of the CITY or its officers, agents, or employees.
I. Attorney’s Fees : In the event either p arty commences any action, arbitration or legal proceedings for the enforcement of this Ag reement, the prevailing party, 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.
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23 J. Headings: Section headings are provided for organizational purposes o nly and do not in any manner affect the scope or intent of the provisions thereunder.
K. Firearms Prohibi ted: 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 ex emption in the contra ct. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
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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 exte nsions thereof), shall obtain and maintain at a minimum comp liance with all of the following insurance coverage(s) and requirements. Such insurance c overage shall be primary coverage as respects CITY and any insura nce 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 mor e subcontractors in the performance of this A greement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide eviden ce of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum Limits . The following types 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 o f California providing coverage for any and a ll employees of CONT RACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non -owned (e.g. owned by CONTRACTOR’s employees o r contractors), leas ed or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bo dily injury and property damage.
c. Comprehensive or Commercial General Liability Insuranc e 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 req uired in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the requir ed coverage for a period of three (3) years after the expiration of this Agreement (herein after “post agreement coverage”) and any extensions thereof. C ONTRACTOR may maintain the required post ag reement coverage by renewal or purchase of prior acts or tai l coverage. This provision is contingent upon post agreement coverage being both availabl e and reasonably affordable in relation to the coverage provide d during the term of this Agreement. For p urposes of interpreting this requirement, a cost not exceedi ng 100% of the last annual policy premium during the term of this Agreement in order to pu rchase prior acts or tail coverage for p ost agreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commer cial General Liability Insurance shall be endorsed to contain the following clauses:
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25 a. The City of Visalia, its officers, agents, e mployees, representativ es, and volunteers are added as additional insureds as respects operations and activities of, or on beh alf of the 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 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 Ci ty Clerk, City of Visal ia, 707 W. Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insuranc e broker(s) with a full copy of these insurance provisions and provide CITY on or before t he effective date of this Agreement with Certificate(s) of Insu rance for all required coverages. Copies o f all the required Endorsements shall be attached to the Cer tificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as e vidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visali a at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division