RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide) Page i
CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 22-23-37
ANNUAL CONTRACT
ON-CALL CONCRETE REPAIR/REPLACEMENT
(CITYWIDE)
BIDS DUE NO LATER THAN 2:00 PM ON TUESDAY, APRIL 25, 2023
The City of Visalia expressly reserves the right to modi fy, or withdraw from, the p rocess 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, th e 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 any 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: March 28, 2023
April 4, 2023
RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide) Page ii
TABLE OF CONTENTS
I. DEFINITIONS .................................................................................................. 1
II. INTRODUCTION .............................................................................................. 1
III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS ......................... 2
IV. INSTRUCTIONS ............................................................................................... 5
V. SCOPE OF SERVICES/PROJECT ..................................................................... 5
VI. PRE-BID MEETINGS ........................................................................................ 6
VII. BID OPENING AND CONFIDENTIALITY ............................................................ 6
VIII. AWARD ........................................................................................................... 7
IX. PROTESTS/APPEALS ...................................................................................... 7
X. SPECIAL CONDITIONS .................................................................................... 8
XI. GENERAL CONDITIONS .................................................................................. 10
XII. 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 Non-segregated Facilities
B-4. Non-Collusion Affidavit
B-5. Worker’s Compensation Insurance Certificate
B-6. Anti-Kickback Compliance Certificate
B-7. Americans with Disabilities Act Compliance Certificate B-8. Ownership Disclosure
B-9. Drug-Free Workplace Certificate
B-10. Iran Contracting Act Certification
B-11. Clean Air and Water Pollution Control Certification
C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS
D. ADDITIONAL ATTACHMENTS
D-1. State of California Prevailing Wage Determinations D-2. Engineering Improvement Standards Pertaining to this Project D-3. Concrete Grinding Specs
D-4. COV Labor Compliance Manual
RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
I. DEFINITIONS
For the purposes of RFB NO. 22-23-37, 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 perso n, 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. 22-23-37.
II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids for an annual contract for on-call services as needed to provide concrete repair and replacement work on City -owned or right-of-way properties.
The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid u pon receipt of the City’s Notice to Proceed. No bid will be accepted from a Contractor who has not been licensed in accordance with provisions of Chapter 9 of Division of 3 of the State of California Business Professions Code. This project requires the Contractor to have a Class A, Class B or Class C-8 license to perform all aspects of the work.
The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) co nsecutive 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.
Under the requirements of Labor Code section 1782 passed by SB7 and in compliance wi th City of Visalia Ordinance 2014 -13, this public works project is subject to (Federal or State) prevailing wages as sp ecified in the specifications. See Section III for additional Department of Industrial Relations Requirements which apply to this project.
The City hereby affirmativ ely 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, religious creed, color, national origi n, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
Executive Order N -6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Rus sian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U. S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a targ et of Economic Sanctions.
Should the State determine Contractor is a tar get of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid /proposal any tim e prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State
Bid documents, forms and Specifications may be obtained free of charge at the Purchasing Division, 707 W. Acequia Street, Visalia, California, or by calling (559) 713 -4334, or emailing your request to [email protected].
RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements
Notice is hereby given that this contract is considered a public works contract and therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR). Awarded Contr actor is required to furnish ele ctronic payroll records for new projects to the Labor Commissioner.
No contract will be awarded unless that contractor and/or subcontractors are registe red with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors may be rejected as non-responsive.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid pro posal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 17 25.5. It is not a violation of this section for an unregistered contractor to submit a bid that is a uthorized by S ection 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a pre -hire collective bargaining agreement tha t establis hes terms and conditions of employment for a specific construction project or pro jects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.
The following statements and requiremen ts are to be included in all City of Visalia public work contracts that require the paymen t of preva iling wages in accordance with California Labor Code (CLC). This RFB document bec omes a par t of the publi c works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.
❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform pu blic work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia.
Proof of registration for each contractor and subcontractor listed on the bid is required.
❑ As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Depart ment of In dustrial Relations.
❑ As set forth in CLC section 1771.4(a)(2), the prime c ontractor is requi red by the Ci ty of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Departme nt of Labo r website at:
http://www.dir.ca.gov/wpnodb.html .
❑ The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a min imum 3-year period to begin on the date a Notice of Completion is filed for the project. Ple ase refer to the retent ion period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.
❑ In accordance with CLC section 1773.2, the co ntractor is required, by the City of Visalia , to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft , classification, or type of worker needed to execute the contract at each job site.
RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
❑ In acc ordance wi th labor code section 1776 and it s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall:
o Maintain and furnish directly to the Labor Commissioner, bi -weekly, a certifi ed copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non -compliance as detailed in labor code section 1776.
o Inform the City of Visalia of the location of the payroll records kept in complian ce with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.
❑ The City of Visalia will comply with any p revailing wage monitoring and enforcement activities required by the labor compliance program s of the D epartment of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable pena lties as directed by the Department of Labor Standards Enforcement in accordance with CLC sec tion 1727( a). Any amo unt withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to ju dicial rev iew in accordance with CLC section 1742(f).
❑ As set forth in labor code section 177 5(b), the following su bcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sec tions 1771 , 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi -weekly, a certified copy of each weekly payroll as specified in section 1776 containing a stateme nt of comp liance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.
o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcon tractor to the employees, by periodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the sub contractor for work performed on the public works project.
o As set forth in CLC section 1775( b)(4), pri or to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under pen alty of pe rjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retent ion to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award i nformation to an applicable apprenticeship program that can supply apprentices to the site of the public work.
❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standard s (DAP) and party to written apprentice agreements under CLC section 3070 -3098 may be employe d at the a pprentice wage rate on public works.
❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more sha ll employ the number of apprentices or the ratio of apprentices to journeymen stipulated in t he applica ble apprenti ceship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
❑ The p rime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or t o contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).
❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalt ies assessed f or violations of section 1777.5 if they have complied with the follow ing requirements:
o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the pro visions of sec tion 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code secti ons must b e included within or as attachments to the contract.
o The contractor shall continually monitor a subcontractor ’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.
o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the cont ractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.
o Prior to making a final payment to the sub contractor for work performed on the public works project, the contractor shall obtain a decl aration, signed under penalty of perjury, from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.
❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made o n the contract by the City of Visalia.
Contract inclusion and/or attachments : The followi ng item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:
❑ As set fo rth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevai ling rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to exe cute the c ontract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.
RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
Ten (10) days before the closing date of the bid, the project manager will review the prevailing wage rates included i n any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage dete rminations made by the director of industrial relations for journeyman and apprentices may be found at:
http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp
IV. 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 On-Call Concrete Repair/Replacement (Citywide) RFB NO. 22-23-37
4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the seal ed Bid. City will not consider Bids which are not accompanied by the required completed forms.
5. Inquiries: Instructions to V endor, Spe cifications and Bid Forms may be inspected and obtained by visiting our web site at visaliapurchasing.org, by calling (559) 713 - 4334, or by FAX (559) 713 -4802. However, to prevent misinterpretati ons, the Purchasing Division would pre fer that all questions be sent by email to [email protected].
Questions regarding this RFB must be received no later than April 19, 2023.
V. SCOPE OF SERVICES/PROJECT
Background: The City of Vi salia would like to establish a contract with a Contractor for on -call services as neede d to provide concrete work on City -owned or Right -of-Way properties, including, but not limited to curb and gutter repairs, sidewalks, sidewalk grinding, ramps, drive app roaches and bus pads. Additionally, the City of Visalia is periodically contacted by pro perty owners seeking concrete work in the Right -of-Way adjacent to their property frontage, including, but not limited to curb returns, sidewalks, ramps and drive approaches.
Contractor’s Responsibilities: Contractor shall provide all labor, t ools, materials and supervision to complete work as estimated and in a timely fashion. Once the City has provided the awarded contractor with a work ord er, contractor shall provide scope of work quantities to the Project Manager within fourteen (14) calendar days using the appropriate contracted Unit Bid Price . Upon approval of the scope of work, contractor shall complete the work within thirty (30) calendar days from Authorization to Proceed fro m Project Manager. All work to be done shall have prior approval of the City of Visalia. Contractor will also be responsible for obtaining and paying for any necessary permits, including t raffic control, that may be required by project and scheduling for inspections prior to beginning any work.
RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
On-Call Work consists of:
a. Demolition and removal of all concrete and debris which should be properly disposed of at the contractor’s expense.
b. Correct any condi tion contr ibuting to damaging the concrete (settled, raised, etc.). If damage is caused by a tree or other obstruction that the contractor cannot correct , contractor shall work with City staff to correct the condition before replacing the concrete.
c. Forming, pouring and finishing the concrete, with prior inspection in accordance with all applicable City of Visalia construction and building codes, Improvemen t Standards and Standard Specifications. (Exhibit D-2)
d. Removal of forms and property cleanup to the City’s satisfaction.
After work is satisfactorily completed, the contractor shall invoice the City , or in some cases the property owner within thirty (30) days of job completion.
All safety practices shall be followed according to OSHA standards. Contractor shall be responsible for clea nup and disposal of all material around site area on a daily basis. All work shall be commensurate with the highest professional standards and shall be performed with t he publ ic’s safety in mind by a licensed contractor.
VI. PRE-BID AND BID MEETINGS
1. Mandatory Pre-Bid Meeting. Two mandatory pre-Bid meetings will be held at 707 W.
Acequia Ave., Visalia, CA. and have been scheduled as follows:
Tuesday, April 11, 2023 @ 10:00 a.m.
Thursday, April 13, 2023 @ 10:00 a.m.
Attendance at one of these meeting is required to submit a Bid in response to this RFB.
Information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope 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 sta rt of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.
City Project Manager: Wyndi Ferguson
Department: Public Works
VII. BID OPENING AND CONFIDENTIALITY
1. Bid Opening. Bids shall be opened publ icly in the presence of attendees, if any, on Tuesday, April 25, 2023 at 2:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid sh all be o pen to public inspection at the Bid opening and after an award decision has b een 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 a ll Bid records. The City will not expend public fun ds 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 claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.
RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
After the award, the City intends that its selection process will be open and public.
Respondents are advised that the California Public Records Ac t (“PRA”) provides that any person may inspect or be provided a copy of any identifia ble public record or document that is not exempted from disclosure by the express provisions of the Act.
The Federal Freedom of Information Act (“FOIA”) contains a simila r provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or F OIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Con fidential” shall constitute a waiver of Bidder’s right to object to the release of su ch information upon request under either Act.
VIII. AWARD
1. Most Responsive, Responsible Bidder . A Contract (substantially similar to that attached hereto as Exhibit “C ” with A ttachments 1 -2) shall be awarded with reasonable promp tness by appropriate wr itten notice. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other fac tors considered, and whose Bid is determined to result in the optimum economic advant age to the C ity. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of t he material terms, for example, price, quantity, quality and delivery, of thi s RFB. Contractor must return a signed copy of the contract provided by the City with its A ward Notice to City within ten (10) working days of receipt thereof.
2. Reservation of Ri ghts. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.
IX. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the pr ocurement procedures fo r soli citing and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:
1. Any actual Bidder who is aggri eved in co nnection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should h ave reasonably known, or could reasonably be expecte d to know of the facts giv ing rise thereto; and
2. Should ident ify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement cont ext, conflict of interest in the rating process and inappropr iate or un fair competitive procur ement grievance regarding the Bid process.
3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provide d to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.
4. Further levels of appeal may be made in accord ance with the appeals provision contained in Chapter 5 of the C ity’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.
RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
X. SPECIAL CONDITIONS
1. Project Administrative Issues
a. Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and se rvices necessary to fulfill the requirements of this RFB. It i s 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 t he work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes, in the work as may increase or decre ase the originally awarded contract quantities and/or total con tract cost. The Contract Price, or the amount due the Contractor 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 executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-1.03 of the Standard Specifications apply.
If a requested change order is sent back to the Contractor for revisions, the Contractor has 15 (fifteen) calendar days to resubmit.
Changes shall not invalidate t he contrac t nor release the sur ety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract. These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time where, in the Project Manager’s opinion, such extensions are commensurate with the amount and difficulty of added work.
Excessive altered work sha ll be cove red by supplemental a greement that is subject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requir es a sup plemental agreement, the City reserves the ri ght to terminate the contract w ith 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 fro m doing extra work, unless authorized by the Project Manager Payment for approved Extra Work shall be as agreed to in writing.
e. Removal of Obstructions . Contractor shall r emove an d dispose of all structures, debris or other obstructions of any character r equired for completion of the project. Any temporarily removed or relocated items shall be replaced.
f. Clean Up. Prior to acceptance and final payment, Contractor shall c lean up the site of work, and any areas occupied by Contractor in connection with the project. The site shall be left in a condition equal to or better than it was prior to beginning the project.
RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
g. Control of Worksite . Contractor is responsible for work site saf ety and for preventing damage to improvement s. Worksites must be barricaded or fenced to prevent hazards to the traveling public. Contractor is responsible for vandalism or damage at the worksite that occurs while the worksite is under their contro l. The c ontractor shall secure the worksite until al l concrete improvements have cur ed to a state that prevents the improvements from easily being damaged by vandalism, vehicles or pedestrians.
2. City-Contractor Relations
a. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be done 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 materials, work p erformance, rate of progress of work, interpretation of drawin gs and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.
b. Contractor/Contractor’s Superi ntendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs 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, but not limited to, sewe rs, water service, drains and culverts, underground utilities and the like.
(2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be respons ible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor 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. Water hose outlets at 300 E. Acequia and 222 W.
Acequia may be accessed for these services.
d. Signs, Barricades, and Notice . Contractor must provide 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 practice.
(2) Qualification. Contractor shall ensure that each employee who works on this p roject is qualified to perform their assigned duty in a safe manner.
f. Control of Materials:
Manufacturer’s Directions : Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and condi tioned as directed by the manufacturer.
RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
g. Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project.
3. Legal Responsibilities.
a. It is the responsibility of Contractor to comply with all lo cal, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compl iance with the Occupational Safety and Health Act, and C alifornia Health and Safety Codes.
Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Contractor shall comply with all applicab le labor laws and ensure against discrimination.
b. Firearms Prohib ited: 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 exemption in the contract. If a contractor/vendor/consul tant is ca ught carrying a gun, without City permission, their contract will be terminated.
XI. 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 expect ed 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. Individ uals and/o r entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disa bility, medical condition, genetic information, marital status, ge nder, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
No qualified disabled person shall, on th e basi s of disability, b e excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.
Bidder shall provide to the City a list of all instances wi thin the last ten (10) years where a compl aint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A descriptio n of t he status or resol ution of that complaint, 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 subm itted on o r 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 withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.
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6. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.
7. Prices submitted are considered accura te 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 manne r. Information provided which was not specifically requested will be considered only in City’s discretion.
11. A written amendment or addenda issued by City’s Purchasing 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 resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.
13. Prior to conducting busine ss 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 main tain all personnel files and pay roll recor ds 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 equal, tie Bids shall be awarded to a local 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 o f the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual an d busi ness associations and practices, employment histories and reputation.
19. All California agencies may p urchase off 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 req uired to submit Certifications, Affidavit s, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.
21. The quantities given on the Bid Proposal form and any related co ntract documents are estimates only. They are give n as a basis fo r comparison of 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 porti on of the work, as the City deems necessary or advisable, at Unit Bid prices.
22. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, require ments, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investiga ted, a nd is satisfied a s to the RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
conditions encountered, as to the character, quality, and quantities of wo rk 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 be cause of lack of such examination or knowledge.
23. All Bidders are required to make a Bid on the compl ete Bid Form (Exhibit “A”) .
Contractor may be required to submit Bids on alternate items. The City reserves the right to award the contract based on the lowest combination or combinations of Bid items and alternate Bid items. In case of a discrepancy between unit price and total, the unit price shall prevail.
24. No mention shall be made in the Bid of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxe s, which m ay be applicable.
25. Only one Bid may be submitted as a “ Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub -Bids to o ther competing Prime Contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation 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 C ontractor who is not submitting a Bid as a Prime C ontractor may submit any number of sub-Bids to competing Prime Contractors.
26. The City of Visalia is not liable for any costs in curred by Bidder in responding to this Request for Bid.
27. The annual contract resulting from this invitation to bid will be administered by the Public Works Department. H owever, the City’s Purchasing Division shall be the fina l judge co ncerning issues or m atters related to contract interpretation or problems regarding the terms, conditions or scope of the contract.
28. The initial contract term shall be for a twelve (12) mont h p eriod and shall, at the City’s option and with the consent of the CONTRACTOR , be e xtended annually thereafter for four (4) consecutive one-year periods. Contract shall begin no later than 15 days from the receipt of annual contract.
29. All prices quoted in re sponse to this Invitation to Bid shall be firm and fixed for twelve (12) mont hs from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustme nt feature is hereby incorporated into the specification s. Prices bid by vendor ma y be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsi bility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted in writing to the Project Manager according to th e following timeframe: At least thirty (30) calendar da ys prior to the annual an niversary date of the agreement but not more than ninety (90) days prior to the annual anniversary date. Requests filed outside of this time-period will not be considered.
The uni t prices for the ensuing contracts shall be based on the mov ement of the unadjusted figures of the U.S. Departmen t of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI -U All Cities Ave rage). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period. In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the contractor for RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
the subsequent contra ct yea r. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
30. This contract may be terminated without cause by the City, in whole or i n part, by giving the Contractor fifteen (15) days wri tten n otice of the intent to terminate whenever the City determines that termination is in the best interest of the City.
If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contr act, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole o r in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.
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.
XII. 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 who m the project is awarded. The Agreement forms the basis for the contractual obligation between the par ties regarding the project. A contract will be provid ed with the Notice of Award and must be executed and returned to C ity within ten (10) working days of the date of award notification unless otherwise agreed.
2. Post-Award Responsibilities. Upon executio n of the Agreement between the City 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. State Requirements. Contractor must comply with California Labor Code and California Public Contract Code.
4. Insurance. Con tractor 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.
5. Required Bonds: NONE
Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required t o provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
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Bidding Agency:_________________
EXHIBIT “A”
BID FORM
RFB NO. 22-23-37
Project: ANNUAL CONTRACT FOR ON-CALL CONCRETE
REPAIR/REPLACEMENT (CITYWIDE)
TO: THE CITY OF VISALIA PURCHASING DIVISION:
In compliance with the City’s Notice Inviting Sealed Bid s No. 22-23-37 dated: __________, the undersigned BIDDER hereby proposes to f urnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contr act documents t herefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this Bid is based upon careful examination of the work site, Instructions to BIDDERs, and the contract requirements. If this Bid is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/o r lump sum prices set forth in the following Bi d Schedule.
BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agr eed that all prices bid include all appurtenant expenses, taxes, royalties and fees. All bids will be checked for accuracy.
BIDDER hereby agrees to execute a contract with in ten (10) working days, or such further time as may be allowed in writing by th e Purchasing Division, after receiving no tification of t he acceptance of this Bid, and 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 com mence the work on the start date agreed b etween BIDDER a nd Pro ject Manager, only after the contract is fully executed and Notice to Proceed has been issued.
BIDDER further d eclares that he/she has not either directly or indirectly entered into any agreement, parti cipated in any collusion, or ot herwise taken a ny act ion in restraint of free competitive bidding in connection with said bid.
Bid Award shall be awarded based on the Lowest Total Annual Cost, to the bidder whose bid is deemed both responsi ve and responsible and meets all requirements and qualifications specified in the request for bid. The quantities given on the Bid Proposal form and any related contract documents are estimates only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith and 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.
BIDDER has read and hereby agrees to the co nditions stated in this proposal by affixing his/her signature on the Bid Form.
In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.
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Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
Item Description (as listed in Scope of
Work for RFP 22-23-37)
COV
Standard Unit Price
Est
Annual
Quantity
Extended
Amount
CURB TYPES
(projects vary from 3 lf to 200 lf)
1 Barrier Curb and Gutter Type A2-6 C-4 $ ________ lf 50 lf $ ________ 2 Barrier Type Curb and Gutter (Inf ill &
Replacement Only)
C-5 $ ________ lf 500 lf $ ________
3 Roll Type Curb and Gutter (Infill &
Replacement Only)
C-6 $ ________ lf 125 lf $ ________
4 Vee Gutter C-7 $ ________ lf 50 lf $ ________
5 Median Curb Type B1 -6, Retaining
Curb and Landscape Curb
C-8 $ ________ lf 25 lf $ ________
SIDEWALK TYPES
6 Sidewalk-Residential with Parkway
(projects vary from 12 sf to 200 sf)
C-9 $ _______ sf 720 sf $ ________
7 Sidewalk-Residential Adjacent to Curb
(projects vary from 12 sf to 200 sf)
C-10 $ _______ sf 780 sf $ ________
8 Sidewalk-Office/Commercial
(projects vary from 20 sf to 200 sf)
C-11 $ _______ sf 300 sf $ ________
CURB RETURNS WITH SIDEWALK CONNECTIONS
9 20’ Radius Curb Return with Sidewalk
Connection-Detail 1
C-13 ________ Ea 1 $ ________
10 20’ Radius Curb Return with Sidewalk
Connection-Detail 2
C-14 ________ Ea 1 $ ________
11 20’ Radius Curb Return with Sidewalk
Connection-Detail 3
C-15 ________ Ea 1 $ ________
12 30’ Radius Curb Return with Sidewalk
Connection
C-16 ________ Ea 1 $ ________
13 35’ Radius Curb Return with Sidewalk
Connection-Detail 1
C-17 ________ Ea 1 $ ________
14 35’ Radius Curb Return with Sidewalk
Connection-Detail 2
C-18 ________ Ea 1 $ ________
SIDEWALK GRINDING
15 Grind Concrete Sidewalk on Curb
(projects vary from 3 lf to 50 lf)
Exhibit
D-3
$ ________ lf 100 lf $ ________
DRIVE APPROACHES
16 Residential Drive Approach
(projects vary from 80 sf to 325 sf)
C-22 $ _______ sf 325 sf $ ________
17 Multi-Family Residential/Office/
Commercial Drive Approach
(projects vary from 125 sf to 550 sf)
C-23 $ _______ sf 550 sf $ ________
18 Office/Commercial Drive Approach
(Alternative-with Curb Returns)
(projects vary from 80 sf to 400 sf)
C-24 $ _______ sf 400 sf $ ________
19 Major Co mmercial Drive Approach 35 ’
Radius Curb Return
(projects vary from 120 sf to 1800 sf)
C-26 $ _______ sf 1800 sf $ ________
20 Major Commercial Drive Approach 3 5’
Radius Curb Return Alternative
(projects vary from 120 sf to 1800 sf)
C-27 $ _______ sf 1800 sf $ ________
21 Major Commercial Drive Approach 20 ’
Radius Curb Return
(projects vary from 100 sf to 1500 sf)
C-28 $ _______ sf 1500 sf $ ________
RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
Item
(cont’d)
Description (as listed in Scope of
Services for RFP 22-23-37)
COV
Standard Unit Price
Est
Annual
Quantity
Extended
Amount
22 Major Commercial Drive Approach 20 ’
Radius Curb Return Alternative
(projects vary from 100 sf to 1500 sf)
C-29 $ _______ sf 1500 sf $ ________
23 Detectable Warning Surface Detail C-33 ________ Ea 1 $ ________
MEDIANS
24 Stamped Concrete Median
(projects vary from 10 sf to 1000 sf)
C-35 $ _______ sf 50 sf $ ________
25 Median Nose Detail C-36 $ ________ lf 24 lf $ ________
DRAINAGE INLETS
26 Drainage Inlet D-12 ________ Ea 1 $ ________
27 Vee Gutter Drainage Inlet D-15 ________ Ea 1 $ ________
BUS PADS
28 Bus pad
(projects vary from 120 sf to 1680 sf)
TR-3 $ _______ sf 1680 sf $ ________
29 Bus Stops C & D
(projects vary from 560 sf to 1260 sf)
TR-5 $ _______ sf 1260 sf $ ________
MISCELLANEOUS
30 Provide Job Estimate N/A ________ Ea 30 $ ________
TOTAL ANNUAL COST
(Items 1-30)
$ _______________
(1) ________________________________________________________________________________________________ Bidding Firm
(2) ________________________________________________________________________________________________ Corporation, Partner, Joint Venture
(3) ________________________________________________________________________________________________ Business Address City State Zip Code
_________________________________________________________________________________________________ Telephone Number Fax 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 in dividual, enter name here in style used in business; if a joint venture, exact name of en tities joining in the venture; if a partne rship, the correct trade sty le of the partnership; if a corporation, the exact name of the corporation.
(2) If BIDDER is oth er 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)”.
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(3) State on this line, the address to which all communications and notices regarding t he Bid Proposal, and any contract awarded thereunder, are to be addressed.
(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating p artnership must sign by a general partner, and each corp oration by an a uthorized off icer or employee; if a partnership, by a general partner; if a corporation, by an authorized offi cer or employee. The title of the person signing must appear after his/her signature. W here 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.
Note: All names must be typewritten under written si gnature. All Addresses must be complete with street number, city, state and zip code.
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Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
BIDDING AGENCY:_________________
SUBCONTRACTORS
The undersigned hereby designates b elow for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one -half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned BIDD ER. I t is understood that the BIDDER, if awarded the contr act, shall not substitute any subcontractor in place of the subcontractors here in designated without the approval of the Project Manager.
SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)
1. Subcontractor Name:
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
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
2. Subcontractor Name:
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
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
3. Subcontractor Name:
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
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
RFB NO. 22-23-37
Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
If more space is needed to list addition al subcontractor and trade classifications, please list remaining subcontractors on a separate sheet of paper (providing all of th e requested information for each subcontractor) and submit with Bid.
CITY OF VISALIA BUSINESS TAX CERTIFICATE #__________________________________ A City Business Tax Certificate (licen se) is not required to submit a bid; however, vendor is required to obtain a certificate prior to commencement of work regardless of whether the business address is actually locate d within the City. Contact the Business Tax Division with questions at (559) 713- 4326.
CONTRACTOR’S PERMIT INFORMATION
License Number: ___________________________________
License Classification: _____________________________
Expiration Date: ____________________________________
DIR REGISTRATION#: ____________________________
CONTRACTOR’S REFERENCES
The following are the nam es, addresses, a nd telephone numb ers for at least three (3) public agencies for w hich BIDDER has performed work similar in size and scope within the past two (2) years.
Company Name Address Tel. No. Contact
1.________________________________________________________________________________________________
2.________________________________________________________________________________________________
3.________________________________________________________________________________________________
DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers an d sureties f rom whom BIDDER intends to procure insurance.
Company Name Address Tel. No. Type
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
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EXHIBIT “B-1”
BIDDER’S STATEMENT ON PREVIOUS CONTRACTS
SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:
The BIDDER has_____ has no t _____ participat ed in a previous contract subject to the Equal Employment Opportunity Clause prescribed by Executive Order 11246, as amended, of Septe mber 24, 1965.
The BIDDER has _____ has not _____ submi tted all compli ance reports in connection with a ny such contract due under the applicable filing requirements; and that represe ntations indicating submission of requ ired complia nce reports signed by p roposed subBIDDERs will be awarded prior to award of subcontracts.
If the BIDDER has participated in pr evious contracts s ubject to the Equal Employment Opportunity Clause and has not submitted compliance reports due unde r applicable filing requirements, t he BIDDER shall submit a compliance report on Standard F orm 100, “Employee Information Report EEO- I” prior to award of the contract.
Note: Failure to complete the blanks may be grounds for rejecting the bid.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal:
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Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
EXHIBIT “B-2”
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
To Accompany Bid Form
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Se cretary of Labo r issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:
1. The BIDDER will not discrim inate against a ny employee or applicant for empl oyment because of race, color, religion, gender, national origin or political af filiation. The BIDDER will take affi rmative action to ensure that appli cants are employed, and that employees are treated durin g employment, w ithout regard to their race, colo r, religion, gende r, national origin or political affiliation. Such action shal l include, but not be limited to, the following:
employment upgrading, d emotion or transfer, recruitment or recruitment advertis ing, layoff or termination, rates of pay or othe r forms of compens ation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicu ous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
2. The BIDDER will, in all solicitation s or advertisements for employees, pl aced by or on behalf of the BIDDER, state that all qualified applicants will receive consid eration for emp loyment without regard to race, color, religion, gender, national origin or political affiliation.
3. The BIDDER will send to each labor union or rep resentative of workers with which h e has a collective bargaining agreement or other contrac t or understand ing, a notice to be provided by the agency contract ing officer, advising the labor union or the workers’ represen tative of the BIDDER’s commitments un der Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of th e notice on con spicuous places available to empl oyees and applicants for employment.
4. The BIDDER will comply with all provis ions of Executive Order 11246 of Sept ember 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 rul es, regulations and relevant orders o f the Secret ary 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 investigation to ascertain compliance with such rules, regulations and orders.
6. In the eve nt of the BIDDER’s non -compliance with the non -discrimination clauses of this subcontract or w ith any of such rules, regulation s or orders, this subcontract may be canceled, terminated or suspended, in whole , or in part and t he BIDDER may be de clared ineligible for further gover nment contracts in accordance with the procedures author ized in accordance with Executive Order 11246 of September 24, 196 5, and such other sanctions may be imposed and remedies invoke d as provided in E xecutive Order 1124 6 of Septemb er 24, 1965, or by rule , regulation or order of the Secretary of Labor, or othe rwise provided by law.
7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exem pted by rules, regu lations or o rders of the Secretary of Labor issued pursuant to Section 204 of Executive Ord er 11246 of Sep tember 24, 1965, so that such provisions will be bi nding upon each SUBBIDDER or vendor. The BIDDER will take such action wi th resp ect to any subcontr act or purch ase order as the contra cting agency may direct as a means of enforcing such pro visions including sanctions for non -compliance.
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Provided, however, that in the event the BIDDER becomes involved in, or is thre atened with litigation with a SUBBIDD ER or vendor as a result of such di rection by the contracting agency, the BIDDER may reques t the United St ates to enter into such litigatio n 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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EXHIBIT “B-3”
CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)
1. “Segregated facilities,” as used in this provisio n, means an y waiti ng rooms, work area s, rest rooms and wash rooms, resta urants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lo ts, drinking fount ains, recreation or entertainment areas, transportation, and h ousing facilities provided for employ ees, that ar e segregated by explici t directive or are in fact segregated on the basis of ra ce, color, religion, or national origin, because of habit, local custom, or otherwise.
2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establish ments, and that it does not and will not permit its employees to p erform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach o f this certification is a violation of the Equal Opportunity clause in the contract.
3. By submission o f the bid, the BID DER further agrees that (except where it has obtained identical 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 Nonsegre gated Facilities must be submitted b efore the aw ard of a subcontract un der which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR 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 t he Nonsegregated Facilities provisions above.
Company: ____________________________________________________________________________
Business Address: ____________________________________________________________________________
Signature:_______________________________________________ Date:________________________________
Name of Signing Official (Print or Type) :________________________________ Title of Signing Official:__________________________________________ Company Seal:
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Annual Contract for On-Call Concrete Repair/Replacement (Citywide)
EXHIBIT “B-4”
NON-COLLUSION AFFIDAVIT
To Accompany Bid Form
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
_________________________, be ing first duly sworn, deposes and s ays 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 per son, partnership, company, association, organization, or c orporation; that the Bid is genuine and not col lusive or sham; that the BIDD ER has not directly or indirectly induced or solic ited any other BIDDER to put in a false or sham Bid, a nd has not directl y or indirectly colluded, conspired, connived, or agreed w ith any BIDDER o r anyone else to pu t in a sham Bid, or that anyone shall ref rain from Bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER o r any other BIDDER, or to fix any o verhead, profit, or cost element of the B id price, or of that of any other BIDDER, or to se cure any advantage against the public body awarding the contract of anyo ne interested in the proposed contract; that all statement s contained in the Bid are true; an d, further, that the BIDDER has not, dire ctly or indirectly, submitted his or her Bid price or any breakdown the reof, or the contents thereof, or divulged informat ion or data relative thereto, or paid, and will not pay, a ny fee to any co rporation, partners hip, company association, organization, b id depository, or to any member or agent thereof t o effectuate a collus ive 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 ackno wledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
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EXHIBIT “B-5”
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 Sect ion 3700 of the Labor Code which requires every e mployer to be insured against liability for workers’ co mpensation or to u ndertake self -insurance in accordance with the provision s of th at code, a nd I will comply wi th such prov isions 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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EXHIBIT “B-6”
CERTIFICATION OF ANTI-KICKBACK COMPLIANCE CERTIFICATE
(48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. § 8741; and 40 U.S.C. (c))
By submiss ion of a Bid, the BIDDER certifies that it has read the “Anti-Kickback Pr ocedures,” contained in the RFB and that neither it nor any o f its employees has performed or participated in any prohibited actions , as defined in that provision, r elating to the awa rd of the Contract. By commencing performance of the Co ntract work, the selected BIDDER cer tifies to An ti-Kickback Compliance.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal:
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EXHIBIT “B-7”
AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will m aintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal:
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EXHIBIT “B-8”
CITY OF VISALIA
Ownership Disclosure for Contractors and
Consultants
To Accompany Proposal
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:
Firm Name:_______________________________
Firm Address:____________________________
List the names of all principals, partners, and/or trustees. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
Submitted by: Name __________________________________________________________ Date __________________________________________________________
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EXHIBIT “B-9”
To Accompany Bid
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
CERTIFICATION
I, the official named bel ow, hereby swear that I am duly authorized legally to bin d the contract or 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 hereb y certifies com pliance with Government Code Sect ion 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 gra ntee and this state agency without r equiring 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, then the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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EXHIBIT “B-10”
To Accompany Bid
IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activi ties in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).
Signature:_________________________________ Printed Name:_______________________
Title:_____________________________________ Agency Name:___________________________
Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and ma y result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
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EXHIBIT “B-11”
To Accompany Bid
CLEAN AIR AND WATER POLLUTION CONTROL CERTIFICATION
(AIR 42 U.S.C. § 7401 et seq., 40 CFR Part 15.61, 49 CFR Part 18; WATER: 33 U.S.C. § 1251)
BIDDER agrees that any facility to be used in the performance of the contract, or to benefit from the contract, is not listed on the Environmental Protection Agency List of Violating Facilities.
BIDDER also agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended 33 U.S.C. 1251 et seq. relating t o the inspection, monitoring, entry, reports and information, as well as all other requirements specified in Section 114 and Sectio n 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder.
BIDDER agrees that as a conditi on for award of the contract, the BIDDER will notify the awarding official of the receipt of any communication from the EPA indicat ing that a facility to be used for the performance of, or benefit from, the contract is under consideration to be listed on t he EPA List of Violating Facilities.
Company:
Business Address:
Signature:
Name:
Title:
Date:
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EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid)
ANNUAL CONTRACT FOR ON-CALL CONCRETE REPAIR/REPLACEMENT (CITYWIDE) (City of Visalia Bid No. 22-23-37)
This Agreement, entered in to and effective this ________ da y of _____________ ___, 20 23 [“Effective Date”], by and between the Ci ty of V isalia, hereinafter referred to as the “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 t ype) wi th a primary business address of ____________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and
WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the Annual Project; and
WHEREAS, CONTRACTOR represents it is licensed, quali fied and willing to complete the Proj ect pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon 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 s hall, a t the City’s option and with th e consent of the CONTRACTOR , be extended ann ually thereafter for four (4) cons ecutive one-year periods. CITY will be presumed to request renewal unless the CITY delivers a written notice of non -renewal to the CONTRACTOR a minimum of thirty (30) days prior to the renewal date. If the CONTRACTOR elects not to consent to renewal b y the CITY, then they must provide the CITY Project Manager with written notice of non -renewal at least thirty (30) days prior to the renewal date. Additionally, this Agreement may be terminated for convenience by the CITY, in w hole or in part, by giving t he CONTRACTOR fifteen (15) days’ written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, CONTRACTO R shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachment s for this Agreeme nt. Said attachments are incorporated 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 22-23-37, Annual Contract for On-Call Concrete Repair Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-37
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide the following services for the stated compensation on or bef ore the stated completion dates (“Scope of Services”):
All work described in Scope of Services in Bid No. 22-23-37.
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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 sha ll p ay CONTRACTO R compensation for services as indicated in Paragra ph 4 above; however, CITY s hall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed bas ed on invoices, receipts, t ime sheets and similar documents presented by CONTRACTOR to CITY.
6. CONTRACT PRICE ADJUSTMENTS:
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date 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 b id by vendor may be adjusted annually at ti me of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment a nd to provide all documentation necess ary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the a nnual anniversary date of the agreement. R equests filed after th is t ime-period w ill not be considered.
The unit prices for the ensuing contracts shall 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 c ontract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period.
In no instance shall the 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 adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
7. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukrai ne, as well as any san ctions imposed u nder state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advan ce written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response.
Termination shall be at the sole discretion of the State.
Total Compensation: $ Not to exceed contracted bid amount Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for completed work RFB NO. 22-23-37
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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 perju ry under the laws of the State of California that I am fully authorize d 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
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Exhibit “C”
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and As signs: This Agreement sha ll 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 their rig hts 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 off icer or principal of the CONTRACTOR, or if sent via the United St ates Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________
D. Independent Con tractor: It is understood and agreed by the p arties herein that CONTRACTOR, in the perfo rmance of this Agreement, shall act as an i ndependent contractor, 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 Agreement shall be administered and interpreted under the laws of t he State of California. Jurisdiction of litigation arising from this Ag reement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the term s or conditions hereof, s hall be brought in Tulare County, California. Th e CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Sectio n 394 of the California Code of Civil Procedure.
F. Integration/Modification: This Agreeme nt an d each of the documents an d exhibits o r attachments referenced herein, which are incorporated by r eference, represents the entire understanding of the parties as to those matters contained herein. No prior o ral or written understanding shall be of an y for ce or effect with respect to those mat ters covered hereunder. 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 Ag reement is found t o be in conflict with applicabl e laws, such part shall be inoperative, null and void insofar as it is i n conflict with said law, but the remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waive s any and all clai ms and recourse against the CITY, including the right of contribution of loss or damage to person or pr operty arising from, growing out of, or in any way connected wit h or incidental to the CONTRACTOR’s performance of this Agreement, exce pt claims arising from the concurrent or sole neg ligence of t he CITY or its officers, agents or employees. The CONTRACTO R will indemnify, hold harmless, and defend (at CITY’s option) t he CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s perf ormance of this Agreement except for liability arising out of the concur rent or sole negligence of the CITY or its officers, agents, or employees.
I. Guarantees and Warranties:
1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.
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2. ONE YEAR GUARANTEE : Besides guarantees required elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of o ne year after the date of acceptance by CITY.
3. WARRANTIES: Warranties required by the Invitation to Bid, or this Agreement shall commence on the date of acceptance of the work by CITY, unless otherwise provi ded in a Certificate of Substantial Completion.
CONTRACTOR warrants tha t the materials and equipment furnished under the Agreement will be new a nd of recent manufacturer unless otherwise specified, and that all w ork will be of good quality, free from fau lts and defects, and in confo rmance with the Agreement. Work that does n ot conf orm ma y be considered defective. This warranty excludes remedy fo r damage or defect caused by abuse, modifications not executed by th e CONTRACTOR, improper or insufficient mai ntenance, improper operation, or normal wear an d tear under normal usage.
CONTRACTOR warrants that title to all work covered by an application fo r 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, materials, and eq uipment 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 purchased by the CONTRACTOR or SUBCONTRACTOR subject to any mortgage or under a condition of sale co ntract 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 indemnify and hold CITY harmless from al l claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workers, mechanic s, material persons, and f urnishers of machinery and parts thereof, equipment, power tools, and all supplies, incurred in furtherance of the performance of this Agreem ent. CONTRACTOR shall, at CITY’s request, furnish satisfactory evidenc e 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 notice on the CONTRACTOR, either pay directly unpaid bills, of which the CITY ha s written notice, or withhold from the CONTR ACTOR’s unpaid compensation a sum of money deemed reasonably sufficient t o pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been f ully discharged where upon pa yment to the CONTR ACTOR shall be resumed, in accordance of the terms of this Agreement, but in no event shall the pro visions of this sentence be construed to impose any obligations on t he CITY to either the CONTRACTOR or its su rety.
In paying any unpaid b ills of the CONTRA CTOR, the CITY shall be de emed the agent of the CONTRACTOR and any payment so made by the CITY shal l be considered as payment made under the contract by the CITY to th e CONTRACTOR and the CITY shall not be lia ble to the CONTRACTOR for any such payments made in good faith.
Any defective work that is either corrected or replaced shall be warrantied and g uaranteed for a period of one year from the date of such correction or replacement.
J. Attorney’s Fees : In t he event either party commen ces any action, ar bitration or legal proceedings fo r the e nforcement of this Agreement, the prevailing party, as deter mined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
K. Headings: Section headings are provided 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 V isalia premises without t he e xpressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/ vendor/consultant is caught carrying a gun, without City permissi on, their contract will be terminated.
M. Executive Order N -6-22 – Russia Sanctions On March 4, 2022, G overnor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in respons e to Russia’s actions in Ukraine , as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited tr ansactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.
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Exhibit “C”
Attachment 2
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance. CONTRACTOR, at its sole co st and expense, for the full term of this Agreement (and any exten sions thereof), shall obtain and maintain at a minimum compliance with all of the followi ng insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as resp ects CITY and any insurance or self -insurance maintained by CITY s hall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance . If CONTRACTOR utilizes one or more subcontractors in the performance of th is Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evi dence of insura nce 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 Com pensation written in accordan ce w ith the laws of the State of California providing coverage for any a nd all employees of CONTRACTOR in the minimum statutorily required coverage amounts.
b. Automobile Liability Ins urance for e ach of CONTRACT OR’s vehicles used in the performance of this A greement, in cluding owned, non -owned (e.g. owned by CONTRACTOR’s employe es or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per oc currence for bodily injury and property damage.
c. Comprehensive or Commer cial 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 requ ired in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the req uired coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required pos t agreement coverage by renewal or purchase of prior acts or tail coverage. This provisi on is co ntingent upon post agreem ent coverage being both available and reasonably affordable in relation t o the coverage provided during the term of this Agreement. F or purposes of interpreting this requirement, a cost not exce eding 100% of the last annua l policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for po st agreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Com prehensive or Com mercial General Liability In surance shall be endorsed to contain the following clauses:
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a. The City of Visalia, its officers, agents, em ployees, representatives, and volunteers are added as additio nal insureds as respects operations and acti vities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the Cit y 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 sco pe or co verage, or non -renewed until after thirty (30) days prior written notice has been given to the Cit y Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insur ance broke r(s) with a full c opy of t hese insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copi es of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. T his Proof of Coverage shall then be mailed t o the City of Visalia at th e following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division