RFB NO. 21-22-43
Rebuild and Repair KSB Influent Pump and Motor (WWTP)
Page i
CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 21-22-43
PROJECT: ANNUAL CONTRACT TO REBUILD AND REPAIR KSB
INFLUENT PUMP AND MOTORS (WRF)
BID SUBMITTAL DEADLINE:
THURSDAY, MAY 26, 2022 AT 2:00 P.M.
The City of Visalia ex pressly 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 Ci ty expressly r eserves 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, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to an y respondent under this Request for Bid until and unless the parties sign documents of agreement that become 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: April 26, 2022
May 3, 2022
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP) Page ii
TABLE OF CONTENTS
I. DEFINITIONS .................................................................................................. 1
II. PROJECT INTRODUCTION .............................................................................. 1
III. INSTRUCTIONS ............................................................................................... 5
IV. SCOPE OF SERVICES/PROJECT ..................................................................... 6
V. PRE-BID AND PRECONSTRUCTION MEETINGS ............................................... 6
VI. BID OPENING AND CONFIDENTIALITY ............................................................ 7
VII. AWARD ........................................................................................................... 7
VIII. PROTESTS/APPEALS ...................................................................................... 7
IX. SPECIAL CONDITIONS .................................................................................... 8
X. GENERAL CONDITIONS .................................................................................. 10
XI. POST AWARD RESPONSIBILITIES .................................................................. 13
EXHIBITS
A. BID FORM
B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND
QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Bidder’s Statement on Previous Contracts Subject to EEO Clauses B-2. Equal Employment Opportunity Compliance Certificate B-3. Certificate of Nonsegregated Facilities
B-4. Non-Collusion Affidavit
B-5. Worker’s Compensation Insurance Certificate
B-6. Americans with Disabilities Act Compliance Certificate B-7. Ownership Disclosure
B-8. Drug-Free Workplace
C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS
D. ADDITIONAL ATTACHMENTS
D-1. Parts List
RFB NO. 21-22-43
Rebuild and Repair KSB Influent Pump and Motor (WWTP)
I. DEFINITIONS
For the purposes of this RFB NO. 21-22-43, 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", “Cons ultant”, “ Contractor” and “Subrecipie nt” 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 off er in respo nse to this Request for Bid.
5. “RFB” means Request for Bid No. 21-22-43.
II. PROJECT INTRODUCTION
The City of Visalia Purchasing Division is solicit ing Bids for an annual contract to repair a total of six (6) pumps, inclu ding one (1) 122hp, three (3) 110hp, and two (2) 82hp KSB dry pit submers ible influent pumps for the City’s Water Reclamation Facility located at 7579 Avenue 288 in Visalia, CA.
The initial contract s hall be for a twelve (1 2) 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.
The successful bidder shall be responsible for prov iding all labor, mat erials, parts and services necessary to fulfill the r equirements o f this Invitatio n to Bid upon receipt of the City’s N otice to Proceed.
In an effort to encour age local businesses to provide goods and services to the City, Council ha s enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimu m 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 preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business day s, from date notified, to match or beat the low bid . If there is more than one local vendor t hat is within the 5% range, th e 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: Bidder’s Name
Bidder’s Mailing Address
Marked:
PROJECT: Rebuild and Repair of KSB Influent Pump and Motor (WWTP) RFB NO. 21-22-43
CLOSE DATE: Thursday, May 26, 2022 at 2:00 p.m.
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
4. Submit each of the required Certifications, Affidavits, Bid Guara ntees Assurances, Statements and Questionnaires a s 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.
5. Inquiries: Instructions to Vendors, Specifications and Bid Forms may be obtained by visiting our web site at visaliapurchasing.org, by calling (559) 713 -4334, or by FAX (559) 713 -4802.
However, to p revent misinterpretations, th e Purchasing Div ision w ould prefer that all questions be sent by email to [email protected].
Deadline for submitting questions regarding this project is Thursday, May 19, 2022.
IV. SCOPE OF WORK/PROJECT SPECIFICATIONS
Contractor shall provide all labor, materials, parts (see Attachment D-1 for Parts List) and services to rebuild dry pit submersi ble KSB pumps for the City of Visalia’s Water Reclamation Facili ty.
Currently there are six (6) pumps installed at the plant . Influent pumps #1, #3 , and #5 are 110 horse-power pumps with #2 and #4 being 82 horse-power pumps, and #6 being 122 horse-power.
Number Horse Power
Pump #1 110
Pump #2 82
Pump #3 110
Pump #4 82
Pump #5 110
Pump #6 122
Pumps are to be rebuilt one at a time as needed. The project is imperative to operations at the City’s Facility and therefore the Awarded Contractor sho uld begin work withi n 10 days of receiving the City’s Notice to Proceed. All work shall be commensurate with the highest professional standards and shall be performed by an experienced contractor who has a proven record of experience in rebuilding pumps similar in size and type.
Awarded Contractor will enter into a contract for the off-site rebuild/repair of the pumps .
Contractor shall be responsible for pick-up and delivery of pumps to the Visali a Water Reclamation Facility, located at 7579 Ave. 288 in Visalia. City is responsible for installation of pumps.
Contractor shall provide a one (1) year warranty on all equipment.
V. PRE-BID AND PRECONSTRUCTION MEETINGS
Mandatory Pre-Bid Meetings have been scheduled for this project. Bidders are re quired to attend at least one of the mandat ory meetings in order to be eligible to bid on project. Meet ings will be held at 7579 Ave. 288 in Visalia, CA as follows:
Wednesday, May 11, 2022 at 10:00 a.m. and
Thursday, May 12, 2022 at 10:00 a.m.
Information on the project will be av ailable during the meetings and time is designated for Contractors to a sk questions about the work/co ntract. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope o f work and any problems or difficulties that may affect the work proposed.
1. Post Award/Pre-Construction Meeting. Subsequent to the award of co ntract, the Contractor or Construction Superintendent; as well as all identif ied subcontractors shall meet with the Project Manager prior to the start of work to discuss any problems or question s that may arise.
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
Contractor s hall contact the Project Manage r within ten (10) days of the date of the Notice to Proceed to arrange this m eeting. Additionally, this confere nce will b e the forum to notify employers about labor standards compliance. At that time, Contractor shall furni sh a schedule showing the tenta tive starting and completion dates. Contractor is responsible to arrange thi s meeting.
City Project Manager: Eric Oates
Department: Wastewater Treatment Plant
VI. BID OPENING AND CONFIDENTIALITY
1. Bid Opening. Bids shal l be opened publicly in the pre sence of attendees, if any, on Thursday, May 26, 2022 at 2:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and t he amount of each Bid shal l be open to public inspection at the Bi d opening and after a n award decision has been made. Other Bid information will not be available for public review during the evaluation phase or until the award of the contract.
2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds def ending c laims for access to, inspection of, or to be provided copies of any suc h records. By submitting a Bid, a Bidder a grees to indemnify and defend the City aga inst all claims or actions brought again st it to seek access to, or compel disclosure of, any records or documents in the City’s possession.
After the award, the City int ends th at its selection process w ill be ope n a nd public.
Respondents are advised tha t the California Public Records Act (“PR A”) provides that any person may inspect or be provi ded a copy of any identifiable public record or document that is not exempted f rom disclosure by the express pro visions of the Act. The F ederal Freedom of Information Act (“FOIA”) contains a similar prov ision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt und er either the PRA or F OIA. Any i nformation contained in a Bidder’s submission which the Bidder believe qualifies for exempti on from public disclo sure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information cont ained in a Bidder’s Bid to this RFB as “Proprietary” or “Confident ial” shall constitute a waiver of Bidder’s right to object t o the release of such information upon request under either Act.
VII. AWARD
1. Most Responsive, Respon sible Bidd er. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable pr omptness by appropriate written notice. Award shall be made to the most respo nsive, responsible Bidder whose Proposal meets the requirements and criteria set fort h in this RFB, price and other factors c onsidered, and whose Bid is determined to result in t he optimum economic advantage to the City. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A respon sive Bidder is one who commits to all of the material terms, for example, price, quantity, qu ality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City wit h its Award Notice to City within ten (10) working days of receipt thereof.
2. Reservation of Rights. The City reserves the right to reject any it em or it ems in the Bid; to waive informalities, technical defects, and minor i rregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.
VIII. PROTESTS/APPEALS
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
Because it is essential tha t Bidders have confidence in t he procu rement 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 a ctual Bidder who is aggrieved in conne ction with this RFB or award of a contract hereunder may protest to t he City of Visalia Purchasing Divisi on in writ ing within five (5) working days after suc h aggrieved Bidder knows, should have re asonably known, or co uld reasonably be expected to know of the facts giving rise thereto; and
2. Should identify only the are as regarding bid contradictions, procurement errors, quotation rating discrepancies, leg ality of procurement cont ext, conflict o f interest in the rat ing process and inappropriate or unfai r competitive procurement grievance regarding the Bid process.
3. The City’s Purchasing Division shall have the a uthority to sett le and resolve each protes t.
The resolution will be provided to Bidder in writing within five (5) working days of re ceipt of the appeal unless the Bidder is notified more time is required.
4. Further levels of appeal may be made in accordance with the appeals provision contained in Chapter 5 of the C ity’s “Purchasing and Contract Procedur es” which is available through City’s Purchasing Division.
IX. SPECIAL CONDITIONS
1. Project Administrative Issues
a. Complete Project . The succ essful Bidder shall be responsible for providing all materials, labor, equipmen t and services necessary to fulfill the requirements o f this RFB. It is the intent of this RFB and related agreement to describe a functionally complete project.
b. Quantities/Change Orders. The City reserves and shall have the right to make such changes to the work as may b e necessary and desirable to c omplete the work originally intended in an acceptable manner. Unless otherw ise specified herein, the Project Mana ger shall be and is he reby authorized to make su ch changes, in the work as may increase or decrease the original ly awarded contract quantities and/or total contract cost. The Contract Price, or the amount due the Contr actor will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.
Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not execut ed by the Contractor, the Contractor s hall submit a written protest to the Engineer within 15 days after the receip t of the approved contract change order and the procedures outlined in Section 4 -1.03 of the Standard Specifications apply.
If a requested cha nge order is sent back to the Contractor for rev isions, the Contractor has 15 (fifteen) calendar days to resubmit.
Changes shall not invalida te the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the alt ered work had been a p art of the original contra ct. These changes which are for work wi thin the general scope o f the contract shall be covere d by Cha nge Orders issued by the City. Change orders for altered work shall include extensions of contract time w here, in the Project Manager’s opinion, such ext ensions are commensurate with the amount and difficulty of added work.
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
Excessive altered work shall be covered by supplemental agreement that is subject to funding agency approval as applicable. If the City and the C ontractor are unable to agree on a unit adjustment for any contract item that r equires a supplemental agreement, the City reserves th e right to terminate the contract with respect to the item and to make other arrangements for its completion.
c. Omitted Items. Project Manager is authorized to omit minor contract items. Major items must be omitted by supplemental agreement.
d. Extra Work. Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the w ork is do ne. The Proj ect Manager should obtain authorization from the Change Order Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done im mediately, the Project Manager may auth orize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as agreed to in writing by the P roject Manager prior to the Extra Work being completed or the Change Order Committee shall approve an incre ase in a Change Order issued after the Extra Wo rk is completed. No additional payment is due for unauthorized Extra Work.
If the Proje ct Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documenta tion required for a Chan ge Order within forty -five (45) days o f completing the Extra Work. The Project Manager will submit a Chan ge Orde r request for review and approva l by the Change Order Committee. If the Contra ctor does not submit any documentation w ithin that time period, the Project Manager may move forward with issuing a Change Order to adjust the contract price.
e. Removal of Obstructions. Contractor shall remove an d dispose of all structures, debris or other obstructions of any character requ ired for completion of the project.
Any temporarily removed or relocated items shall be replaced.
f. Clean Up. Prior to acceptance and final payment, Contractor sh all clean up the site of work, and any areas occupied by Contractor in connection with the project.
2. City-Contractor Relations
a. Project Manag er’s Responsibility and Authority . City will designate a Project Manager. All work shall be done under th e general supervision of such Project Manager or his or her designee(s). The Project Ma nager shall decide issues of quality and acceptabilit y of mat erials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to f ulfillment 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. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control o ver, the construction means, methods, te chniques, sequences, procedures and safety precautions or pro grams related to the project. Contractor may designate a superintendent.
c. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, bu t not li mited to, sewers, water service, drains and culverts, underground utilities and the like.
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
(2) USA Notification. Contractor shall notify underground servi ce alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify ow ners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, C ontractor shall repair the utility.
iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so.
d. Signs, Barricades, and Notice . Contractor m ust pro vide and maintain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements.
e. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern-day fabrication shops and good construction practice.
(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner.
f. Control of Materials:
(1) Source of Supply and Quality of Materi als Guarantee. All ma terials, parts and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materia ls which become unfit for use shall not be used for the project.
(2) Equivalent Ma terials. Trade names or manufac turer’s c atalog inform ation, where used, are a m eans of indicating kind, type, design, s tyle, finish, durability or quality desired and are n ot inten ded to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specifi ed. The burden of proof o f compliance with the specifications is the responsibility of C ontractor. 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, inst alled, connected, erected, used, cleaned and conditioned as directed by the manufacturer.
g. Storage of Materials. Materials shall be stored to ensure the preservation of the ir quality and fitness for the project.
h. Materials and Shop Drawing Submittal s. If applicable, Contractor shall subm it to Project Manager f or approval, two (2) copies of the mat erials list and detailed dimensional shop drawings covering all Cont ractor-furnished items of equipment.
Prior appr oval by Proje ct Manager is required. S uch approval shall not relieve the Contractor from the responsi bility of deviation from the C ontract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.
3. a. Legal Responsibilities. It is the responsibilit y of Contractor to comply with all local , state, and federal l aws and regulations which appl y to thi s project. This includes, but is not limited to, compliance with U niform Building, Plumbing, Mechanical, Electric, and Fire Co des. Contractor shall pro vide a safe working environment in compliance with the Occupat ional Safety and Health Act, a nd California Health and Safety Codes. Additionally, Contractor shall secu re all necessary permits, licenses, and similar requirements to carry out the project. Contractor shall comply with all applicable labor laws and ensure against discrimination.
X. GENERAL CONDITIONS
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
1. It is the policy of the City to provide equal o pportunity to all candidates when selec ting Bidders to provide public services. Bidders are expected to be equal opportunity employers.
The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, r eligion, color, national origin, ancestry, physical or mental disability, medica l conditi on, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disabili ty, be excluded from participating in, be denied the benef its of, or otherwise be subjected to dis crimination under any program or activity leading to the award of a contract.
Bidder shall provide to the City a list of all instances within the last t en (10) years where a complaint was fi led or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated agains t its em ployees, subcontractors, vendors or suppliers. A descrip tion of the status or resolution of that c omplaint, in cluding any remedial action taken is required.
The right is reserved by the City of Visalia to reject a ny or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the pr oposals submitted and to award the contract according to the proposal which best serves the interests of said City.
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 submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, t o 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, tel ephonic, electronic and facsimile Bids an d withdrawal requests will not be accepted.
7. Prices submitted ar e considered acc urate for a period of ni nety (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 straightfor ward, concise manner. Information provi ded which was not specifically requested will be considered only in City’s discretion.
11. A written amendment 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 Division prior to submitting a Bid to determine if any amendments were made to the RFB.
12. Any contract res ulting f rom the RFB will be jointly administered by the City’s Purchasin g Division, and the Department requesting Bids.
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
13. Prior to conducting b usiness in 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 m aintain a ll person nel files an d payroll records for empl oyees used to implement the proposed contract.
16. Bidder shall withhold, pay and report all tax es 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 C harter, all other things b eing equal, tie Bids shall be awarded to a local merchant to the extent quality and pr ices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a c oin by the Purchasing Division in the presence of at least one witness.
18. The Cit y may make such investigation of the Bidder and inform ation in the Bid as it determines necess ary. This may include the collection of criminal history informat ion, contractual and business associations and practices, employment histories and reputation.
19. All California agencies may purchase o ff the 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, Bid G uarantees, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.
21. The quantities given on the Bid Proposal form and any related contra ct docume nts are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly ag ree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the am ount 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, speci fications, plans, and other contract doc uments, and by any other means as they believe necessa ry, as to the actual physical conditions , requirements, a nd difficulties under which the project must be performed. The submission of a Bid shall be conclusive e vidence that th e Bidder has investigated , and is satisfied as to the conditions encountered, a s to the character, quality, 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 al lowance shall s ubsequently be made because of lack of such examination or knowledge.
23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”) . Contractor may be required to submit Proposals on alternate items. The Cit y reserve s the right to award the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.
24. No mention sh all be made in the Proposal of sales ta x, 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 submitted as a “ Prime Contractor” for the same wor k by any firm, individual, partnership, corporat ion or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors.
Reasonable 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 rejecti on of all Proposals in which such individual, firm, p artnership, corporation RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
or combination thereof is interested. A C ontractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.
26. The C ity of Visalia is not lia ble for a ny costs incurred b y Bidder in responding to this Request for Bid.
XI. POST AWARD RESPONSIBILITIES
1. Written Contract with City . A written agreement in a form similar to 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 whom 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 date of award notification unless otherwise agreed.
2. Post-Award Responsib ilities. Upon execution of the Agreement between the City and the Contractor, the Contr actor shall immediately report a ll changes in its Art icles of Incorporation, By-Laws, or Tax-Exempt status to the City.
3. Insurance. Contractor shall obtain and maintai n the minimum insurance coverage outlined Exhibit “C” , Attachment 2. Contractor shall p rovide evidence of such insurance to City’ s Purchasing Division prior to commencement of work on the project.
Upon determination by the City that a contract has been entered and Contractor has provided al l of the information th at it is required t o provide p ursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
BIDDING AGENCY: _________________
EXHIBIT “A”
BID FORM
RFB NO. 21-22-43
Project: REBUILD AND REPAIR KSB INFLUENT PUMP AND MOTOR
TO: THE CITY OF VISALIA PURCHASING DIVISION:
In compliance with the City’s Notice Inviting Sealed Bids No. 21-22-43 dated: __________, the undersigned BIDDER hereby prop oses to furnish all mat erials, equipment, tools, labor appurtenances and incidentals required for th e above stated project as s et forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that thi s proposal is based upon careful examination of the work site, Instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contra ct with CIT Y at the unit an d/or lu mp sum prices set forth in the following Bid Schedule.
BIDDER understands th at failure to enter into a contract in the time and manner prescribed will result in forfeiture to the City of the Bid Guarantee accompanying this proposal.
BIDDER underst ands th at a b id is required for t he entire work and that final compensation under th e contract will be based up on the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid incl ude all app urtenant expense s, taxe s, 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 and provide bonds within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptanc e of this Bid, and it is he reby mutually understood and agreed that in case the BIDDER does not, the accompanying Bid Guarantee shall be forfeite d to the Ci ty of Visalia as liquidated d amages, and said Purchasing Division may proceed to award the contract to others.
BIDDER agrees t o commence the work within ten (10) calendar days after the effective date of the Notice to Proceed.
BIDDER further declar es that he/she has not eit her directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restrain t of free competitive biddi ng in connection with said bid.
Bid Award shall be based on the lowest Total Bid Amount. The quantities given on the Bid Proposal form and any related contract documents are estimates only. They are given as a bas is for comparison of Bids.
The City of V isalia does not expressly or imp liedly agree that the act ual amount of w ork will correspond therewith and reserves the right to i ncrease or d ecrease the a mount of an y class or portio n of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.
Project Description: Rebuild and Repair KSB Influent
Pump and Motor as described in RFB 21-22-43
KSB Influent Pump & Cost Per Item Quantity Total Cost (AxB) RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
Motor Horse-Power (A) (B) (includes all labor, taxes,
surcharges, and pickup/delivery
charges)
82 HP $ _____________
2 $ _______________________
122 HP $ _____________
1 $ _______________________
110 HP $ _____________
3 $ _______________________
TOTAL BID AMOUNT $ _______________________
In the case of discrepancy in amounts bid, unit pricing/cost per item shall prevail over extended amounts.
Bid Prices shall include all labor, taxes, surcha rges, and all other costs associated with fulfilling the terms of this contract.
BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on bid form.
(1) _______________________________________________________________________________________________________ Bidding Agency
(2) _______________________________________________________________________________________________________ Corporation, Partner, Joint Venture
(3) _______________________________________________________________________________________________________ Business Address City State Zip Code
_______________________________________________________________________________________________________ Telephone Number Fax Number Email 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 indiv idual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partn ership, the co rrect trad e 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 incorpor ation. If BID DER 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 a nd notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed.
(4) If BIDDER is a joint venture, signature must be b y one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation , each participating partnership must sign by a general partner, and each cor poration by an authorized officer or employee; if a partnership, by a gene ral partner; RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
if a corporation , by an authorized officer or employee. The title of the person signing mus t appear after his/her signature. Where BIDDER is a partnership or corporati on, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.
_________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.
CONTRACTOR’S LICENSE INFORMATION:
STATE CONTRACTOR’S LIC. CLASS: _________________ # _____________________________ EXP. DATE: ______________________ STATE D.I.R. REGISTRATION #______________________________________________________ FEDERAL TAX I.D. #______________________________________
CITY OF VISALIA BUSINESS TAX CERTIFIC ATE #__________________________________ A City Busine ss Tax Certificate (license) is not required to su bmit a bid; however, vendor is required to obtai n a City Tax Certificate prior to commencem ent of work. Please contact the Business Tax Division with any questions at (559) 713-4326.
CONTRACTOR’S REFERENC ES: The following are the names, addresses, and telephon e numbers for a t least three (3) public agencies for which BIDDER has perf ormed work similar in size and scope within the past two (2) years.
REFERENCE 1
NAME OF AGENCY: __________________________________________________ CONTACT PERSON: _____________________
AGENCY ADDRESS: _________________________________________________ PHONE #: _______________________________
REFERENCE 2
NAME OF AGENCY: __________________________________________________ CONTACT PERSON: ____________________
AGENCY ADDRESS: _________________________________________________ PHONE #: _______________________________
REFERENCE 3
NAME OF AGENCY: __________________________________________________ CONTACT PERSON: _____________________
AGENCY ADDRESS: _________________________________________________ PHONE #: _______________________________
DESIGNATION OF SURETIES
The following are the names, addresses, and telephone num bers for all brokers and sur eties from whom BIDDER intends to procure insurance.
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
1) COMPANY NAME: ______________________________________ TYPE OF INSURANCE: _______________________
ADDRESS: _____________________________________________ TELEPHONE# _______________________________
2) COMPANY NAME: ______________________________________ TYPE OF INSURANCE: _______________________
ADDRESS: _____________________________________________ TELEPHONE#_______________________________
3) COMPANY NAME: _____________________________________ TYPE OF INSURANCE: _______________________
ADDRESS: _____________________________________________ TELEPHONE#_______________________________
BIDDING AGENCY: ____________________________
SUBCONTRACTOR LISTING
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
The undersigned hereby designates below f or the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work o r labor in an amount in excess of one -half of one percent (1/2 of 1%) of the of the total bid. All work n ot listed bel ow shall be performed by the undersigned BIDDER. It is underst ood that the BIDDER, if awarded the contract, shall not substitute any sub contractor in place of the subcontractors herein designated without the approval of the Project Manager.
SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)
1. Subcontractor Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other: _________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
2. Subcontractor Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other: _________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
3. Subcontractor Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other: _________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
If more space is needed to list additional subcontractor and trade classifications, please list remaining subcontractors on a separate sheet of paper (providing all of the requested information for each subcontractor) and submit with Bid.
Submit with Proposal
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
EXHIBIT “B-1”
BIDDER’S STATEMENT ON PREVIOUS CONTRACTS
SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11426)
The BIDDER shall complete the following statement by checking the appropriate blanks:
The BIDDE R has _____ has not _____ participated in a previous con tract subject to the Equal Employ ment Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, 1965.
The BIDDER has _____ has not _____ submitted all c ompliance reports in connection with any such contract due under the applica ble filing requirements; and representations indicatin g submission of required compliance reports signed by proposed subBIDDERs will be awarded prior to award of subcontracts.
If the BIDDER has partic ipated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a co mpliance report o n Sta ndard Fo rm 100, “ Employee Information Repor t EEO -I” p rior to award of the contract.
Note: Failure to complete the blanks may be grounds for rejecting the bid.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal:
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
Submit with Proposal
EXHIBIT “B-2”
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulat ions or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executiv e 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 d iscriminate against any employee or applicant f or employment because of race, color, religion, gen der, national origin or political aff iliation. The BIDDER will take affir mative action to ensure that applicants are employed, and that emp loyees are treated during empl oyment, wi thout regard to their rac e, color, religion, gender, national origin or poli tical affiliation. Such action 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 f orms of compensation, and selection for t raining, including apprenticeship. T he BIDDER agrees to p ost in conspicuous places, available to employees and applicants for employment, n otices to be provi ded by the c ontracting officer setting forth the provisions of this nondiscrimination clause.
2. The BIDDER will, in all solicitations or advertisements fo r employees, pla ced by or on behalf of the BIDDER, state that all qualified applic ants will receive consideration for empl oyment without regard to race, colo r, religion, gender, national origin or political affiliation.
3. The BIDDER will send to each lab or union or repr esentative of workers w ith which he has a collective bargaining agreement or other c ontract or u nderstanding, a notice to be provid ed by the agency contracting officer, advising the labor union or the workers’ represent ative of the BIDDER’s commitments under Section 202 of Execu tive 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 provisi ons of Executive Orde r 11246 of Septe mber 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.
5. The BIDDER will furnish all informat ion and re ports required by Executive Order 11246 o f September 24, 1965, and by the rule s, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, r ecords and a ccounts by the contracting agency a nd the Sec retary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the BI DDER’s non-compliance with the non -discrimination clauses of this subcontract or with any of such rules, reg ulations or orders, this subcontract may be cancele d, terminated or suspended, in whole, or in part and the B IDDER may be dec lared ineligible for fu rther government contracts in accordance wi th the procedures authorized i n accordan ce with Executive Order 1 1246 of Se ptember 24, 1965, and such other sanction s may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.
7. The BIDDER wil l include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Sect ion 204 of Executive Order 11246 of Sept ember 24, 1965, so that s uch provisions 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 enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threa tened with litigation with a SUBBIDDE R or vendor as a result of such direction by the contracting agenc y, the BIDDER may request the United States to enter into such li tigation to protect the interest of the United States.
Company Name: ____________________________________________________________________________________________________ Business Address: __________________________________________________________________________________________________ Signature: _________________________________________________________________ Date: __________________________________ Name of Signing Official (Print or Type): _____________________________________________________________________________ Title of Signing Official: ______________________________________________ Company Seal:
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
Submit with Proposal
EXHIBIT “B-3”
CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)
1. “Segregated facilities,” as used in this provis ion, means any waiting rooms, work areas , rest rooms and w ash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or enter tainment areas , transportation, and housing facilities provided for employe es, that are segre gated by explicit directive or are in fact segregat ed on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.
2. By the submissi on of a bid, the BIDD ER certifies that it does not and will n ot maintain or pro vide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their serv ices at any location u nder its control wher e segregated facilities are maintained. The BIDDER agrees that a breach of this cert ification is a violation of the Equal Opportunity clause in the contract.
3. By submission of the bid, the BIDDER further agree s that ( except where i t has obtained identi cal certifications from proposed SUBCONTRACTORs for specific time periods) it will:
(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause; (b) Retain such certifications in its files; and
(c) Forward this certification and the following notice to the proposed SUBCONTRACTORs:
NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT
FOR CERTIFICATION OF NONSEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted be fore the award of a subcontract under which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certi fication may be submitted either for each SUBCONTRAC TOR for all subcontracts during a period (i .e., quarterly, semi-annually, or annually).
4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.
Company: ____________________________________________________________________________
Business Address: ____________________________________________________________________________
Signature: _______________________________________________ Date: ________________________________
Name of Signing Official (Print or Type) :________________________________ Title of Signing Official: __________________________________________ Company Seal:
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
Submit with Proposal
EXHIBIT “B-4”
NON-COLLUSION AFFIDAVIT
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 th e interest of, or on behalf of, any undisclosed person, par tnership, company, association, organization, or corporation; tha t the Bid is genuine an d not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham Bid, and has not direct ly or ind irectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put i n a sham Bi d, or that anyone shall refrain from Bidding; th at the BIDDER has not in any manner, directly or i ndirectly, sought by agreement, communication, or conference with a nyone to fix the Bid price of the BIDDER or any other BID DER, or to fix any over head, profit, or cost elemen t of the Bid price, or of 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, that the BIDDER has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged informa tion or d ata rela tive thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent ther eof 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 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/he r/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 foregoing p aragraph 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.
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
Submit with Proposal
EXHIBIT “B-5”
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)
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 undertake self-insurance in accordance with the provisions of that code, and I will comply with such 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. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
Submit with Proposal
EXHIBIT “B-6”
AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDDER c ertifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and w ill maintain compliance throughout the life of thi s Contract. By commencing performance of the Contract work, the selected BIDDER cert ifies to the Americans with Disabil ities Act compliance.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal:
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
Submit with Proposal
EXHIBIT “B-7”
CITY OF VISALIA, CA
Ownership Disclosure for Contractors and Consultants
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:
Firm Name: _________________________________________________________ Firm Address: _________________________________________________________
List the names of all principals, partners, and/ or trustees. For co rporations provide names o f officers, directors and all stockholders owning more than 10% equity interest in corporation:
Submitted by: Name __________________________________________________________ Date __________________________________________________________
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
Submit with Proposal
EXHIBIT “B-8”
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
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 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 stat ement notifying employees that unlawful manufa cture, distribution, dispensation, possession, or use of a contr olled substance i s prohibited and specifying actio ns to be taken again st 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 pro posed 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 o f the contractor or grantee, from and after the “Date Ex ecuted” 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 ag ency without requiring the contra ctor or grantee to prov ide a new an d individual certificate for each contract or grant. If the contractor or grantee elects to fill in th e blank date, th en the terms and conditions of this certificate shall have the same force, mea ning effect and enforce ability as if a certificate were s eparately, specifically, and individually provided for each contract o r grant between the contractor or grantee and this state agency.
RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
EXHIBIT “C”
SAMPLE PROJECT AGREEMENT
RFB 21-22-43
REBUILD AND REPAIR KSB INFLUENT PUMP AND MOTOR
This Agreement, entered into and effective this ______ __ day of _____________ ___, 2022 [“Effective Date”], by and between the City of Visalia, hereinafter referre d to as th e “CITY”, and _________ ___________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a p rimary business address of ____________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and
WHEREAS, CITY desires completion of the __________ ___ Project, which was let to bid on __________ _ as evidenced by Bid No. __________ (the “Project”); and
WHEREAS, City of Visalia reviewed and evaluated res ponses to the B id and d etermined to award a contract to CONTRACTOR for the Project; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to comp lete 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 commenc e on the Effective Date and expire upon completion of all obligations of the parties, unless ea rlier terminated by the parties. The indemnification and defense provisions sha ll survive expi ration and termi nation. S uspension or termination of this Agreeme nt may occur if CONTRACTOR materially fails to comply with any term of the award. Additionally, this Agreement may be terminated for convenience . In the event of termination or e xpiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and /or accounts recei vable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incor porated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 21-22-43, Rebuild/Repair KSB Influent Pump & Motor Attachment 4 CONTRACTOR’s proposal in response to Bid No. 21-22-43
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shal l provide the f ollowing s ervices for the stated compensation on or before the stated completion dates (“Scope of Services”):
All work described in Scope of Services in Bid No. 21-22-43 RFB NO. 21-22-43
Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor
5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay n ot more th an the fol lowing amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement bas is for services actually performed based 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 twelv e (12 ) months from the annual anniversary date of t he agreement. Prices may be adjusted annually at time of co ntract 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 prov ide all documentation necessary to support this r equest. The request for price adjustment must be submitted to the Project Manager within the thirty (30) calendar day period prior to the annual anniversary date of the agreement as specified in General Conditions of RFB 21-22-43.
The unit prices for the ensuing contracts shall be based on the movement of the unadj usted 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 amount equal to the p ercentage of movement for the most recent twelve-month period.
In no instance shall th e pr ice increase exceed 5%. The contract unit pr ice changes as a result of t his formula shall be binding on the contractor for the subsequent contract year. The adjustm ent of the uni t bid price shall not be retroactive and shall apply only to changes incurred after approval.
Total Compensation: $
Source of Funds:
Payment Schedule: Within 30 days from receipt of Contractor’s itemized invoice.
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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 perjury under the laws of the State of Cali fornia that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I ha ve 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
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Rebuild and Repair of KSB Influent Pump and Motor (WWTP)
Exhibit “C”
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assi gns: This Agreement shall be binding upon and shall inure to the be nefit of any successors to or assigns of the parties.
B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights 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 officer or principal of the CO NTRACTOR, or if sent via the Uni ted States Postal Service, postag e 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 herein that CONTRACTOR, in the perfo rmance of this Agreement, shall act as an independent contractor, and ther efore sh all obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Removal : This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of li tigation arising from this Agreement shall be in Califor nia. Any action brought to int erpret or enforce this Agreement, or any of the terms or conditions 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 394 of the California Code of Civil Procedure.
F. Integration/Modification: This Agreeme nt an d each of the documen ts and exhibits or attachments referenced herein , which are incorporated by reference, rep resents the en tire understanding of the parti es as to t hose matters contained herein. No prior ora l or written understanding shall be of an y force or effect with respect to those matters covered hereunder. This Agreement may not be modi fied or altered ex cept in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law : If any part of this Agreement is found t o be in conflict with appl icable laws, such part shall be inoperative, nul l and vo id insofar as it is in conflict wi th said law, b ut the remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any and all clai ms an d recourse against th e CITY, including the right of contribution of l oss or damage to person or property arising from, growing out of, or in any way connect ed with or incidental to the CONT RACTOR’s performance of this Agreement, except claims arising from the concurrent or sol e negligence of the CITY or its officers, agents or empl oyees. The CONT RACTOR will indemn ify, hold harm less, an d defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arisi ng out of the CONTRACTOR’s performance of this Agreement except for liabil ity aris ing out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.
I. Guarantees and Warranties:
1. IN G ENERAL: All guarantees and warranties sp ecifically called for by t he specifications and/or this Agreement shall expressly run to the benefit of the CITY.
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2. ONE YEAR GUA RANTEE: Besides guarantees re quired elsewhere, CONTRACTOR shal l and hereby does guarantee the project work for a period of o ne year after the date of acceptance by CITY.
3. WARRANTIES: Warranties r equired by the Invitati on to Bid or this A greement shal l commence on the date of accep tance of t he work by CITY, unless otherwise provided in a Certificate of Substantial Completion.
CONTRACTOR warrants tha t the materials and equipment furnished under the Agreement will be new and of recent manuf acturer unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Ag reement. Work that does n ot conform may be considered defective. This war ranty ex cludes remedy f or damage or defect caused by ab use, mod ifications not executed by the CO NTRACTOR, improper or i nsufficient maintenanc e, improper operation, or normal wear an d tear under normal usage.
CONTRACTOR warrants that title to all work covered by an application for payment will pass to the CITY either by incorporation in the construction or upon the receipt of payment by the CONTRACTOR, whichever occurs first, free and clear of all liens.
CONTRACTOR warrants and guarantees that title to all work, m aterials, and e quipment covered by any application for payment, whether incorporated in the project or not, will pass to CITY no later than the time of payment free and clear of all liens.
No materi als or supplies for the project shall be purchase d by the CONTRACTOR or SUBCONTRACTOR subje ct to any mor tgage or under a condition of s ale contract or other agreement by which an interest is retained by the seller. CONTRACTOR warrants that it has good title to all materials and supplies used by it in the project, free from all liens.
CONTRACTOR shall ind emnify and hold CITY harmless f rom all cl aims growing out of the lawful demands of SUB CONTRACTORS, laborers, workers, mechanic s, ma terial persons, and f urnishers of machinery and parts thereof, equipme nt, powe r tools, and al l supplies, incurred in furthera nce of t he performance of this Agreement. CONTRACTOR shall, at CITY’s request, furnis h satisfactory evidence that all obligat ions of the nature here an d above designated have been paid, discharged, or waived. If CONTRACTOR fails to do so, then CITY may, after having served written not ice on the CONTRACTOR, either pay directly unpaid bills , of which the CITY has written notice, or wi thhold from the CONTR ACTOR’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful c laims un til satisfactory eviden ce is furn ished that all liabilit ies have been fully discharged where upon payment to the CONTR ACTOR shall be resumed, in accordance of the terms of this Agreement, but i n no eve nt shall the pr ovisions of this se ntence be construed to impose any obligation s on the C ITY to either the CONTR ACTOR or its surety.
In paying any unpaid bills of the CONTRA CTOR, the CITY shall be de emed the agent of the CONTRACTOR and any payment so made by the CITY shall be considered as payment made under the contract by the CITY to the CONTRACTOR and the CITY s hall not be liable to the CONTRACTOR for any such payments made in good faith.
Any defective work that is either corrected or replaced s hall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.
J. Attorney’s Fees: In the even t either party commences any action, arb itration or legal proceedi ngs for the enforcement of this Agreement, the pr evailing party, as dete rmined by the court or arbitrator, shall be entitled to recover y of its a ttorney’s fees and cour t costs incurred in th e action brought thereon.
K. Headings: Section headings are prov ided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
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L. 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 Visal ia Department Head, or an exemption in the contract. If a contractor/vendor/ consultant is caught carrying a gun, without City permission, their contract will be terminated.
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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 thereof), shall obtain and maintain at a minimum compliance with all o f the following insurance coverage(s) and requirements. Such insurance coverag e shall be prima ry coverage as respects CITY and any insurance or se lf-insurance maintained by CITY s hall be in ex cess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR uti lizes one or more subc ontractors in th e performance of this Agre ement, CONTRACTOR shall ob tain and maintain indepe ndent ins urance as to each subcontractor or otherwise provide evidence of insurance c overage fo r each subco ntractor eq uivalent to that required of CONTRACTOR in this Agreement.
3. Types of Insurance and Minim um Limits . The following types of insurance and m inimum li mits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accord ance with the laws of the State of Cal ifornia providing coverage for any and all employees of CONT RACTOR in the mi nimum sta tutorily requ ired coverage amounts;
b. Automobile Liability Insurance for each of CONTRA CTOR’s vehic les used in the performance of this Agreement, including owned, non -owned (e.g. owned by CONTRACTOR ’s employees or contractors), leas ed or hired vehi cles, in the minimum a mount of $1,000,000 combined single limit per occurrence for bo dily injury and property damage. This insurance coverage shall not be required if vehicle used by CONTRACTOR is not a material part of performance of this Agreement.
c. Comprehensive or Commerc ial 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 A greement is provided on a “Claims Made” rath er than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage f or a period of three (3) years after the expiration of this Agreement (hereinafte r “post agr eement cove rage”) and any extensions thereof. CONTRACTOR may maintain t he required post agreement coverage by renewal or purchase of prior acts or tail coverage . This provision is contingent up on 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 du ring the term of this Agreement in order to pur chase pri or acts or tail coverage for post agreement coverage shall be deemed to be reasonable.
5. Endorsements.
All r equired Automobile and Comprehensive or Commercial G eneral L iability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its offic ers, agents, employee s, representatives, and volunteers are added as additional insureds as re spects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
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b. It is agreed that any insurance maintained by the City of Vi salia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be cancel ed, limi ted in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been g iven to the City Clerk , City of Visalia, 707 W.
Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insurance broke r(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 Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificat e(s) of Insurance or other evidence o f insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insuran ce company as evidence of the stip ulated coverages. This Proof of Coverage shall then be emailed to : [email protected] or mailed to the City of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division