Visalia City Council
June 5, 2023

CITY OF VISALIA
REQUEST FOR BID (“RFB”)

RFB NO. 22-23-47

ANNUAL CONTRACT FOR

DIGESTER CLEANING

BIDS DUE NO LATER THAN 2:00 PM ON THURSDAY, APRIL 27, 2023

The City of Visalia expressly reserves the right to modify, or withdraw f rom, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, 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.

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TABLE OF CONTENTS

I. DEFINITIONS ....................................................................................................................................... 1

II. INTRODUCTION .................................................................................................................................. 1

III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS .................................................... 1

IV. INSTRUCTIONS ................................................................................................................................... 4

V. SCOPE OF SERVICES/PROJECT DESCRIPTION ............................................................................ 5

VI. PRE-BID AND CONTRACT MEETINGS ............................................................................................. 5

VII. BID OPENING AND CONFIDENTIALITY ............................................................................................ 5

VIII. AWARD ................................................................................................................................................ 6

IX. PROTESTS/APPEALS......................................................................................................................... 6

X. SPECIAL CONDITIONS ....................................................................................................................... 7

XI. GENERAL CONDITIONS ..................................................................................................................... 9

XII. POST AWARD RESPONSIBILITIES .................................................................................................. 12

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 Equal Employment Opportunity Clause 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

C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS

D. ADDITIONAL ATTACHMENTS
D-1. LISTING OF CITY OBSERVED HOLIDAYS
D-2. STATE OF CALIFORNIA PREVAILING WAGE RATES
D-3. CITY OF VISALIA LABOR COMPLIANCE MANUAL

RFB 22-23-47

ANNUAL CONTRACT FOR DIGESTER CLEANING

I. DEFINITIONS

For the purposes of RFB NO. 22-23-47, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

2. “City Council” means the Council of the City of Visalia

3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Bid.

5. “RFB” means Request for Bid No. 22-23-47.

II. INTRODUCTION

The City of Visalia Purchasing Division is soliciting Bids from qualified fi rms for an annual contract for digester cleaning at the City of Visalia Water Reclamation Facility (WRF). The WRF, located at 7579 Ave. 288 in Visalia, CA. currently has eight (8) digesters . Cleaning will be requested for one to two of the digest ers annually over the five -year contract period. Awarded Contractor will be responsible for providing al l services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.

The initial contract term sh all be for a twelve (12) month peri od and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one -year periods. Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.

Public Works Project: Under the requirements of Labor Code section 1782 passed by SB7 and in compliance with City of Visalia Ordinance 2014-13, this public works project is subject to State prevailing wages as indicated in the specifications. See Section III for additional Dep artment of Industrial Relations Requirements which apply to this project.

Local Vendor Preference: In an effort to encourage loc al businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will appl y to any business that has had a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.

The local preference for b ids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low b id. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

III. DEPARTMENT OF IN DUSTRIAL RELATIONS REQU IREMENTS, Public Works Contr actor Registration Program and Project Labor Agreements

Notice is hereby given that work under this contract is considered a public works project contract and therefore, subject to DIR monitoring. All con tractors and subcontrac tors bidding and performing work on Public Works Projects must be cur rently registered with the California Department of Industrial Relations (DIR). Awarded Contractor is required to furnish electronic payroll records for new projects to the Labor Commissioner.

No contract will be a warded unless that contractor and/or subc ontractors are registered with the California Department of In dustrial Relations (DIR). Bids by unregistered contractors may be rejected as non - responsive.

A contractor or subcontra ctor shall not be qualified to bid on, be listed in a bid proposal, s ubject to the requirements of Section 4104 of the Public Contr act Code or engage in the performance of any contract for public work, as defined in this chapter, unl ess currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered cont ractor t o submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103. 5 of the RFB 22-23-47

ANNUAL CONTRACT FOR DIGESTER CLEANING

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 that estab lishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United S tates Code) is used, th en 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 requirements are to be included in all City of Visalia public work contracts that require the payment of pr evailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.

❑ As set forth in CLC sec tion 1771.1(a), all contractors and subcontractors must be curr ently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified t o bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Pr oof 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 proje ct is a public work, su bject to compliance monitoring and enforcement by the Department of Industrial Relations.

❑ As set forth in CLC section 1771.4(a)(2) , the prime contractor is required by the City of Visalia to post job site notices, as prescribed by r egulation. Information on required workplace post ings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html .

❑ The contractor and each subcontractor shall maintain all proje ct records required und er CLC for public works pro jects a nd preserve them for a minimum 3 -year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project f unding. Some funding s ources require an extended time pe riod for records retention.

❑ In accordance with CLC se ction 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labo r Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.

❑ In accordance with labor code section 1776 and it s enforcement (1771.4(a)(3)), for init ial 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 certified copy of each weekly payroll as specified in section 1776 containing a statemen t of compliance with la bor code sections 1771, 1811 and 1815, signed under penalty of perjury.

o Make available or provide a certified copy of these payro ll recor ds and their supporting documentation within 10 days to all authorized parties upon written req uest 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 re cords ke pt in compliance with labor code section 1776(g) and notify the City of Visalia within 5 workin g days of any change in their location.

❑ The City of Visalia will comply with any prevailin g wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amoun t of any underpayment of p revailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a).

Any amount withheld will be released as directed by the Labor Com missioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).

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ANNUAL CONTRACT FOR DIGESTER CLEANING

❑ As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract e xecuted between the con tractor and a subcontracto r for p erformance of work on this public work project:

o As set forth in CLC section 1775(b)(1), any cont ract exe cuted between a contractor and a subcontractor for the performance of work on a City of Visalia public works project s hall include a copy of the provisions of Labor Code sections 1771, 1 776, 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 subcontract or shall maintain and f urnish directly to the Labor Commissioner, bi-weekly, a certified co py of each weekly payroll as specified in section 1776 contain ing a st atement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.

o As set for th in CLC section 1775(b)( 2), the contractor shall monitor the payme nt of the specified general prevailing rate of per diem wages by the s ubcontractor 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 th e subcontractor to pay his or her workers the specified prevai ling rate of wages, the contractor shall diligently take corrective action to halt or rectify the failu re, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

o As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the con tractor shall obtain an af fidavit signed under penalty of perjury fr om the subcontractor that the subcontractor has paid the speci fied general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuan t to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public wo rk; every contractor shall submit contract award information to an a pplicable apprenticeship program that can supply apprentices to the site of the public work.

❑ Only apprentices, as defined in CLC section 3077, in training under app renticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.

❑ Unless exempted under CLC section 1777.5(j ), a contractor working on a public works contrac t of $30,000 or more shall employ the numb er of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship 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 prime 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 to 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 n ot be liable for any penalties asse ssed for violations of section 1777.5 if they have complied with the following requirements:

o The contract executed between the contractor and the subcontractor for the performance of work on the public works proje ct shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract.

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ANNUAL CONTRACT FOR DIGESTER CLEANING

o The contractor shall conti nually monitor a subcon tractor’s use of apprentice s requi red to be employed on the public wo rks project pursuant to subdivision (d) of section 1777.5, inc luding, but not limited to, periodic review of the certified payroll of the subcontractor.

o Upon becom ing aware of a failure of the subcontractor to emp loy the required number of apprentices, the contractor 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 subcontractor for wor k performed on the public works project, the contractor shall obtain a declaration 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 contrac tor 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 on the contract by the City of Visalia.

Contract inclusion and/or attachments : The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:

❑ As set forth in CLC section 1773, the City of Visalia shall ob tain the general prevailing rate of per diem wages and the gen eral prevailing rate for holiday and overtime work in the locality in which the public work is to be p erformed for each craft , classification, or type o f worker needed to execute the contract from the Director of Industrial Relations. This will include th e apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this informati on is to be included in the contract itself.

10 days before the clos ing date of the bid, the project manager will review the preva iling wage rates included in any requests for bid proposals for updates and issue an addendum to notif y interested bidders of any changes.

General prev ailing wage determinations made by the dir ector 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: Bidder’s Name & Mailing Address

MARKED: WRF Digester Cleaning
RFB NO. 22-23-47

4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City w ill not consider Bids w hich a re not accompanied by the required completed forms.

5. Inquiries: Instructions to Vendor, Spec ifications and Bid Forms may be obtained by visiting our web site at visaliapurchasing.org, by calling (559) 713 -4334, or by FAX (559) 713 -4802.

However, to prevent misinter pretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].

Questions regarding this RFB must be received no later than Thursday, April 20, 2023.

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ANNUAL CONTRACT FOR DIGESTER CLEANING

V. SCOPE OF SERVICES/PROJECT DESCRIPTION

The City of Visalia WRF currently has eight ( 8) digesters. Five (5) of the digesters are 62 foot in diameter w ith a floor that has an 11-foot slope to center, two (2) are 44 foot in diameter with a floor that has a 4 to 5 foot slope to center, and one (1) that is 116 foot in diameter with a floor that has an 11 foot slope to center. The purpose of this RFB is to identify and sel ect qualified firms to remove the contents and clean the designated digester(s) annually. The scope of work shall include, but not necessarily be limited to the work described herein.

The Contractor shall furnish all labor, equipment, and materials requi red to remove the conte nts and clean a designated digester that h as been assigned by the City . The Contractor will be notified in advance as to which digester shall be cleaned and a mutually acceptable schedule will be negotiated to perform the services within a thirty (30) day timeframe. All safety practices shall be followed according to OSHA st andards. Confined space entry will be strictly enforced. Contractor shall pro vide gas monitors, exhaust fans and safety harnesses, and any applicable equipment required for completion of the service.

The City shall lock out and tag out all associated equipment within the selected digester in order to safely empty and clean each digester . City sta ff shall lower the level in each digester to the maximum practi cal extent and open ventilation covers.

Dewatering process such as belt press or centrifuge may be u sed. The filtrate or centrate may be returned to the plant at a point designated by City staff at a rate not to exceed 500 gpm and must be free of trash and grit.

All associated centrate/filtrate piping shall be provided by the Contractor. Dewatered sludge will be sto ckpiled onsite at a location designated by the City. The Contractor will provide a complete washdown of all interior surfaces. The digester is to be left clean, dry, and empty.

The work shall be performed in a manner as to allow the co ntinuous operation of the Facility . The Contractor shall be responsible for maintaining the work area in suc h a manner that City staff may continue to u se the facility as necessary.

The Contractor shall be responsible to maintain a clean work site, to remove debris and dispose of it properly at their own expense. Upon completion and before making appli cation for acceptance of the work, th e Contractor shall clean the area of wo rk and all ground occupied by their staff in connection with the work of all rubbish, temporary structures and equipment.

VI. PRE-BID AND CONTRACT MEETINGS

1. Two Mandatory Pre-Bid Meetings. Two (2) mandatory pre-Bid meetings will be held:

Tuesday, April 11, 2023 at 2:00 p.m.
and
Wednesday, April 12, 2023 at 10:00 a.m.

at the Water Reclamation Facility, 7579 Ave. 288, Visalia, CA. Attendance at one of these meetings is required to submit a Bid in response to th is RFB. Informati on regarding the proje ct will be provided at that time. It shall be the responsibility of the Contractor to have acquired fu ll knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

2. Post Award Meeti ng. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to t he start of work to di scuss any problems or q uestions that may arise.

Contractor shall contact the Project Manager wit hin ten (10) days of the date of t he Notice to Proceed to arrange this meeting.

City Project Manager: Wyndi Ferguson
Department: Public Works

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ANNUAL CONTRACT FOR DIGESTER CLEANING

VII. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if an y, on Thursday, April 27, 2023 at 2:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of e ach Bid sha ll be open to public i nspection at the Bid opening and after an award decision has been made. Other Bid information wi ll not be availab le for public revie w during the evaluation phase.

2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The Ci ty will not expend public funds d efending claims for access to, inspection of, or to be provided copies of any suc h records. By subm itting a Bid, a Bidd er agrees to indemnify and defend the City against all claims or actio ns brought against it to seek acc ess to, or compel di sclosure of, any records or documents in the City’s possession.

After the aw ard, the City int ends that its selec tion process will be open and public.

Respondents are advised that the C alifornia Public Records Act (“PRA”) provides that any person may insp ect or be pro vided a copy of any identifiable public record or document that is not exempted f rom disclosure by t he express provision s of the Act. The Federal Freedom of Information Act (“FOIA”) contain s a similar provision. Each Bidder shall clearly ide ntify any information within its Bid that it intends to ask the City to withh old as exempt und er either the PRA o r F OIA. Any informa tion contained in a Bidder’s submission which the Bidder believe qualifies for ex emption from public di sclosure as “Proprie tary” or “Con fidential” must be identified as such at the time of first submi ssion of Bidder’s Bid to this RFB. Any f ailure to identify information contained in a Bidder’s Bid to this RFB as “Proprietar y” or “Conf idential” shall consti tute a waiver of Bidder’s right t o ob ject to the release of such information upon request under either Act.

VIII. AWARD

1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that a ttached hereto as Exhibit “C ” with Attachments 1 -2) shall be awarded w ith reasonabl e pr omptness by appropriate written notice. Award shall be made to the most respo nsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in t his RFB, price an d other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City. A responsible Bidder is one who ha s the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

2. Reservation of Rights . The C ity reserves the right to reject an y it em 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 essentia l that Bidders have confidence in the procurement procedures for soli citing and awarding contracts, it is the policy of the City to o ffer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

1. Any actual Bidder who is aggrieve d in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggr ieved Bidder knows, should h ave reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and

2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement co ntext, conf lict of interest in th e rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

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ANNUAL CONTRACT FOR DIGESTER CLEANING

3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. Th e resolution will be provide d to Bidder in writing within five (5) wor king days of receipt of the appeal unless the Bidder is notified more time is required.

4. Further levels of appeal ma y be made in accordance with the appeals provision contained in Chapter 5 of the C ity’s “Purchasing and Contract Pro cedures” which is av ailable through City’s Purchasing Division.

X. SPECIAL CONDITIONS

1. Project Administrative Issues

a. Complete Proj ect. The suc cessful Bidder shall be responsible for providing all materials, labor , equipment and services necessar y to fulfill the req uirements of this RFB.

b. Quantities/Change Orders. The City reserves and shall have the ri ght to make such c hanges to the work a s may be necessary and desirable to complete the work originally inten ded in an a cceptable manner. Unl ess otherwise specif ied herein, t he Project Manager shall be and is hereby authorized to make suc h changes, in the work as may increa se or d ecrease the o riginally awarded contract quantities and/or total contract cost. The Contract Pr ice, 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 no t executed by the Co ntractor, the Contractor shall submit a written protest to the Project Manager within 15 days afte r the receipt of the approved contract change order a nd the procedures outlin ed i n Section 4 -1.03 of th e Standard Specifications apply.

If a requested change order is sent back to the Contractor fo r revisions, the C ontractor has 15 (fifteen) calendar days to resubmit.

Changes shall not invalidate the con tract nor release the su rety, and the Contractor agrees to accept paym ent 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 Chang e Orders issued by the C ity. Change orders for altered work shall inc lude extensions of contract time where, in the Project Manager’s opinion, suc h extensions are c ommensurate with t he amou nt and diffic ulty of added work.

Excessive altered work shall be covered by supplemental agreement that is subject to funding agency ap proval as app licable. If the City and the Contractor are unable to agree on a unit adjustment f or any contract it em that requires a s upplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.

c. Omitted Items. Project Manager is authoriz ed to omit minor c ontract items. Ma jor items must be omitted by supplemental agreement.

d. Extra Work. Contractor is prohibited from doing extra work, unless authorized in writing by Projec t Ma nager before the work is done. The Project Manager should ob tain authorization from the Change O rder Co mmittee befor e agreeing to extra work requested by the Contractor. In the instances where it is necessary for the wo rk to be done immedi ately, the Pr oject Manager may authorize the work prior to taking the additions to the Change O rder Committee. Pa yment for approved Extra Work shall be as agreed to in writing by the Pro ject Manager prior to th e Extra Work being complet ed or the Change Ord er Committee shall approve an increase in a Change Order issued RFB 22-23-47

ANNUAL CONTRACT FOR DIGESTER CLEANING

after the Extra Work is completed. No additional payment is due for unauthorized Extra Work.

If the Project Manager authorizes Extra Work b ut the payment for the Ext ra Work has not been agreed to in writing prior to the work being completed, then Contractor shal l submit to the Pr oject Manager the documentation required for a Change Order within forty-five (45) days of completing the Extra Wor k. The Project Manager wi ll submit a Change Order request for review and approval by the Change Order Committee. If the Contractor does not submit any docume ntation within that time period the Project Manager may move forward with issuing a Change Order to adjust the contract price.

e. Removal of Obstructions. Contractor shall remove and dispose of all structures, debri s or other obstruc tions of any chara cter re quired for co mpletion of the project. Any temporarily removed or relocated items shall be replaced.

f. Clean Up. Prior to acceptanc e and final p ayment, Contractor shall clean up the site of work, and any areas occupied by Contractor in connection with the project.

2. City-Contractor Relations

a. Project Manager’s Responsibility and Aut hority. City will designa te a Project Manager .

All work shall be done under the general supervision of such Project Manag er or his or her designee(s). The P roject Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, i nterpretation of drawings and specifications, and all questions related to fulfillment of the con tract for the proj ect.

Project Mana ger sha ll not have c ontrol over acts or omissions of the Contractor, Subcontractors, their agents or employees.

b. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all cont rol over, the cons truction means, me thods, techniques, s equences, procedures and safety precautions or progra ms related to the projec t. Contractor may designate a superintendent.

c. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid , but shall be res ponsible for, all da mage to existing structures, including, but not limit ed to, sewers, water ser vice, drains and culverts, underground utilities and the like.

(2) USA Notification. Contractor shall notify underground service alert (“US A) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for dama ge t o utilities and substructures.
ii. If dama ge occurs to an u nknown utility, Contractor shall repair the utility.
iii. Contractor shall not make connection t o or dr aw water from any hydrant or pipeline without first obtaining permission to do so.

d. Signs, Barricades, and Notice . Contractor must p rovide and ma intain proper barricades, fences, signal lights, watchmen, and n otice in general t o the surrounding public, in accord with local, federal, and state requirements.

e. Labor
(1) Workmanship. Workmanship shall be equal to th e best general pract ice of modern-day loading, hauling and trucking trades.

(2) Qualification. Contractor shall e nsure that each em ployee who works on this project is qualified to perform their assigned duty in a safe manner.

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f. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supp lied by the Contr actor shall be new and o f a quality equ al to that specified. Materials which become unfit f or use shall not be used for the project.

(2) Equivalent Materials. Trade names o r ma nufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compl iance with the sp ecifications is the responsibility of C ontractor. City shall be the sole judge as to the ad equacy of any item for substitution.

(3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned an d conditioned as directed by the manufacturer.

g. Storage of Materials. Materials shall be stor ed t o ensure the preservat ion of their quality and fitness for the project.

h. Materials and Shop Drawing Submittals. If applicable, Contr actor shall submit to Project Manager f or approval, two (2) copies of the materials list and detailed dimensional shop drawings covering all C ontractor-furnished items of equipment. Prior approval by Project Manager is required. Such app roval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contract or has, in writing, called to the attention of the Project Manager such deviations.

3. Legal Responsibilities. It is the responsibility of Con tractor to comply with all local, st ate, and federal law s and regulations which apply to this project. This includes, but is not lim ited to, compliance with U niform Building, Plu mbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environm ent in compliance w ith t he O ccupational Safety and Health Act, and California Health and Saf ety Codes. Additionally , Co ntractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Contractor s hall comply with all applicable labor laws and ensure against discrimination.

XI. GENERAL CONDITIONS

1. It is the policy of the C ity to provide equal oppor tunity to all candid ates when sel ecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.

The C ity hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitti ng 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 disability, med ical condition, genetic information, marital status, gender, gender identi ty or expression, age, se xual orientation, or military and veteran status in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disa bility, be ex cluded from participating in, be denied the benefits of, or othe rwise be subjected to discrimination under any program o r activity that receives or benefits from Federal financial assistance.

Bidder shall provide to the Ci ty a list of all ins tances within the last ten (10) years where a complaint was filed or p ending against Bidder in a legal or adminis trative proceeding a lleging that Bidder discriminated against its employe es, subcontractors, vend ors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.

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ANNUAL CONTRACT FOR DIGESTER CLEANING

2. Post-Closing Date Corrections are prohibited.

3. Bids will not be accepted unless signed in ink (n ot typed) in the appropr iate space(s) by an authorized officer or employee of the Bidder.

4. Bids must be submitted on or before the Closing Date. Any Bids receive d a fter the Closing Date shall be retu rned, unopened, to the Bidder, provided the request n umber, opening date, and Bidder's return address are on the envelope.

5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.

6. Telegraphic, telephonic, electro nic and facsimile Bids and withdrawal requests will n ot be accepted.

7. Prices submitted are considered a ccurate for a period of ninety (9 0) d ays and cannot be withdrawn after the Closing Date.

8. All Bids are the property of the City after submission.

9. City is not responsible for Bid errors and omissions.

10. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.

11. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on wit h respect to changes to th e RFB. Respondent i s 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 P urchasing Division, and the Department requesting Bids.

13. Prior to conducting business in the City, a business ta x certificate (license) must be obtained.

Call (559) 713-4326 for more information.

14. Bidder shall provide insurance as required by law and as indicated in the proposed contract.

15. Bidder shall maintain all personnel files and payroll records for employees used to i mplement the proposed contract.

16. Bidder shall withhold, pay and report all taxes and issue W -2 forms at the end of each calendar year for employees used to implement the proposed contract.

17. Pursuant to the City’s Charter, all other things being e qual, tie Bids shall be a warded 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 of the Bidder and information in the Bid as it determines necessary. This may include the col lection of criminal hist ory information, contractu al and business associations and practices, employment histories and reputation.

19. All California agencies may p urchase off the Proposal submitted at th e same prices, terms, conditions and specifications. The City of Visalia sha ll incur no responsibility in connection with another agency’s purchase.

20. Each Bidder will be required to submit C ertifications, Affidavits , Assurances, State ments and Questionnaires which are attached in Exhibit “B”.

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21. The quan tities given on the Bid Proposal form and any rela ted contract documen ts are approximate only. They are give n as a basis for comparison of Bids. The City of Visal ia does not, expressly or impliedly agr ee that the actual amount of work will correspond the rewith but reserves the right to increase or decrease the amount of a ny class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

22. Bidders shall satisfy themselves by personal examination of the work site, specific ations, plans, and other c ontract documents, a nd by any oth er means as they believe necessary, as to the actual phys ical co nditions, requirem ents, and difficul ties under which the project must be performed. The submission of a Bid shall be conclusive evid ence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quali ty, and quantities of wor k t o be performed, and the materials t o be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”). Contractor may be required to submit Proposals on alternate ite ms. The City reserves t he right to award to the contract based on the lowest combi nation or combinations of Proposal items and alternate proposed items.

24. No mention shall be made in the Proposal of sales tax, use tax or any other tax, as all amount s Bid will be deemed and held to include any such taxes, which may be applicable.

25. Only one Bid may be submitted as a “ Prime Contractor” for t he same work by an y f irm, individual, partnership, corpo ration or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other c ompeting Prime Contractors.

Reasonable grounds for believing that any individual, firm, partne rship, corporation or combination ther eof is interested in more than one Proposal for the w ork contemplated will cause the rejection of all Proposals in which su ch individual , firm, partnership, corporation or combination thereof i s inter ested. A C ontractor who is not subm itting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.

26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.

27. The annual contract resulting from this invitation to bid will be administered by the Public Works Department. However, the cities Purchas ing Division shall be the final judge concerning issues or matters related to contract interpretation or problems re garding the terms, condit ions or scope of the contract.

28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with th e consent of the CON TRACTOR, be extended annually thereafter for four (4) consecutive one -year p eriods. Contract sh all begin no l ater than 15 days fr om the receipt of annual contract.

29. All prices quote d in response to this In vitation to Bid shall be f irm and fixed for tw elve (12) months from the annual anniversary date of the agreement. In o rder to protect the inter ests of the City and to give the v endor a reasonable basis for bidding, a price adjustm ent feature is hereby incorporated into the specif ications. Prices bi d by vendor m ay be adjusted annually at time of contract renewal and upon mutual agreement of the p arties to the contract to allow fo r price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to r equest 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 the following timeframe: At least thirty (30) calendar days prior to the annual annive rsary 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 unit p rices for the ensuing contracts shal l be based on the mo vement of the unadjusted figures of the U.S. Bureau of Labor Statistics Consumer Pri ce I ndex (CPI) for All Urb an RFB 22-23-47

ANNUAL CONTRACT FOR DIGESTER CLEANING

Consumers (CPI-U U.S. City Average, All Items ). 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 inc rease exceed 5%. The co ntract 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.

30. This contrac t may be terminated withou t cause by the City, in whole or in part, by giving the Contractor fifteen (15) days written noti ce of the intent to terminate whenev er the City determines that termination is in the best interest of the City.

If the Contractor s hall fail to provide servi ces or perform satis factorily the work required by the terms and conditions of the contract, or m aterially breaches any of its obliga tions under this agreement the City may terminate the contract, in whole or in part by written no tice.

Termination shall t ake 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 wit h C ity. A written a greement 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 aw arded. The Agreement fo rms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be execu ted and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.

2. Post-Award R esponsibilities. Upon executi on o f the Agreement between the City and the Contractor, the Con tractor shall immediately report all changes in its Arti cles of Incorporation, By-Laws, or Tax-Exempt status to the City.

3. Insurance. Contractor shall obtain and maintain the min imum insuranc e co verage outlined Exhibit “C” , Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.

Upon deter mination by the City tha t a contract has been ente red and Contractor has provided a ll o f the information that it is required to provide pursuant to this RFB, City will issue, in writi ng, a notice to proc eed on the project to Contractor.

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EXHIBIT “A”

BID FORM
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AT VISALIA WATER RECLAMATION FACILITY

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 22-23-47 dated: __________, the undersigned BIDDER her eby proposes to furnis h all materials, equipment, tools, labor appurt enances and incidentals required for the above stated project as set for th in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that th is bid is based upon careful examination of the work site, Instructio ns to BIDDE Rs, and the contract requirements. If this bid is accepted for awa rd, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

BIDDER understands that a bid is required for the en tire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that all prices bid include all appurt enant expenses, taxes, royalties and fees. All bids will be checked for accuracy. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

BIDDER hereby agree s to execute a contrac t within ten (10) workin g days, or su ch further time as may be allowed in writing by the Purchasin g Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually under stood and agreed that in case the BIDDER does not, said Purchasing Division may proceed to award the contract to others.

BIDDER agrees to commence the w ork on the start date agreed between BIDDER and Project Manager, only after the contract is fully executed and Notice to Proceed has been issued.

BIDDER fur ther declares that he/sh e has not eit her directly or indirectly entered i nto any agreement, participated in any collusion, or otherwise taken any action in restraint of free competi tive bidding in connection with said bid.

BIDDER understands that quantities given on the Bid Prop osal form and any related contract documents are estimates only. They are given a s a basis for comparison of Bids. T he City of Visalia does not, expressly or impliedly agree that the actua l amount of work wil l correspond therewith and reserves the right to increase or decrease the amount of any portion of work, or to omit portion of the work, as the City dee ms necessary or advisable, at the prices Bid.

BIDDER has read and hereby agrees to the conditions stated in this proposal by a ffixing his/her signatu re on the Bid Form.

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(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 individual, enter name here in style us ed in business; if a joint venture, exact name of entities joining in the venture; if a partnership , the correct trade st yle of the partnership; if a corpora tion, the exact name of the corporation.

(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture , partnership, corporation, including the state of incorporation. If BIDDER is an indi vidual operating under a trade name, state “an individual dba (trade name in full)”.

(3) State on this line, the address to which all communications and notices regarding the 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 v enturers, and i f one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporati on by an authorized of ficer or employee; if a partnership, by a general partner; if a corporation, by a n authorized officer or employee. The title of the pe rson signing must app ear after his /her signature. Where BIDDER is a partnership or corporation, th e names of all other g eneral partners, or the president or secretary of the corporation and their business addresses must be shown below.

DESCRIPTION: Digester Cleaning at
the Visalia Water Reclamation Facility
as specified in RFB 22-23-47

QUANTITY

UNIT PRICE
(includes all taxes, fees,
royalties, and expenses)

EXTENDED
AMOUNT
44 ft Diameter Digester 2

$ ____________ ea $ ________________
62 ft Diameter Digester 5

$ ____________ ea $ ________________
116 ft Diameter Digester 1

$ ____________ ea $ ________________
TOTAL COST $ ________________
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Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city , state and zip code.

CONTRACTOR’S LICENSE INFORMATION:

STATE CONTRACTOR’S LIC. CLASS:_________________ # __________________________ EXP. DATE:___________ STATE D.I.R. REGISTRATION # ______________________________________________________ FEDERAL TAX I.D. # ______________________________________

CITY OF VISALIA BUSINESS TAX CERTIFICATE # __________________________________ A City Business Tax Certificate (license) is not required to submit a bid; however, vend or is required to obtain a certificate prior to commencement of work. Contact the Business Tax Division with questions at (559) 713-4326.

CONTRACTOR’S REFERENCES:

The following are the names, addresses, and telephone numbers fo r at least three (3) age ncies for whi ch BIDDER has performed work similar in size and scope within the past two (2) years .

1. NAME OF AGENCY:___________________________________________CONTACT PERSON:__________________

AGENCY ADDRESS:__________________________________________PHONE #:_________________________

2. NAME OF AGENCY:_________________________________________CONTACT PERSON:____________________

AGENCY ADDRESS:_________________________________________________PHONE #:_________________________

3. NAME OF AGENCY:_________________________________________CONTACT PERSON:_____________________

AGENCY ADDRESS:________________________________________________PHONE #:___________________________

DESIGNATION OF SURETIES

The following are the names, add resses, and telephone nu mbers for all brokers an d sureties from whom BIDDER intends to procure insurance.

1. COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________

ADDRESS:_______________________________________________________TELEPHONE# _____________________________

2. COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________

ADDRESS:_____________________________________________________TELEPHONE# _______________________________

3. COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________

ADDRESS:_____________________________________________________TELEPHONE# _______________________________

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SUBCONTRACTORS
The undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontracto r who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of t he of the total bid. All work not listed below shall be performed by the undersigned BIDDER. It is understood that the BIDDER, if awarded the contract, sha ll not substitute any subcontractor in place of the subcontractors herein designated without the ap proval 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

Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

If more space is needed to list addition al subcontractor and trade classific ations, please list remaining subcontractors on a separate sheet of paper (providing all of the req uested information for each subcontractor) and submit with Bid.

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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 BI DDER has_____ has not _____ partic ipated in a previous con tract subjec t to the Equal Employment Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, 1965.

The BIDDER has _____ has not _____ submitted all compliance reports in connection with any such contra ct due under the applica ble filing r equirements; and that representations indicating submission of required compliance reports signed by proposed subBIDDERs will be awarded prior to award of subcontracts.

If the BIDDER has participated in previous contrac ts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable fil ing requirements, the BIDDER shall submit a compliance report on Standard Form 100, “Employee Information Report EEO-I” prior to award of the contract.

Note: Failure to complete the blanks may be grounds for rejecting the bid.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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EXHIBIT “B-2”

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)

Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursua nt to Executive Orders 10925, 11114 or Section 204 of Exec utive Order 11246 of Sep tember 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or applicant f or employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants a re employed, and that employees are treate d during employment, without regard t o their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, re cruitment or recruitment a dvertising, layoff or termination, ra tes of pay or other forms of compensation, and selection for training, including a pprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and app licants for empl oyment, notices to be prov ided by the contracting officer setti ng forth th e p rovisions of this nondiscrimination clause.

2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The BIDDER will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice t o be provid ed by the age ncy contracting officer, advising the labor union or the w orkers’ repr esentative of the BIDDER’s commitments under Section 202 of Executive Order 11246 o f September 24, 1965, and shall post copie s of the no tice on conspicuous places available to employees and applicants for employment.

4. The BIDDER will comply with all pr ovisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The BIDDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant ther eto, and will pe rmit 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 event of the BIDDER’s non -compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or o rders, this subcontract may be can celed, terminated or sus pended, in w hole, or in part and the BIDDER may be declared ineligible for further government c ontracts in acco rdance with the procedures authorized in accordance with Execut ive Order 1 1246 of Septe mber 24, 1965, and such other sanc tions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regul ation or order o f the Secretary of Labor, or otherwise provided by law.

7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labo r issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965 , so that s uch provisions will be binding upon each SUBBID DER or vendor. The BIDD ER will take such action with respect to any subcontract or purchase order as the contracting a gency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.

Company Name:_________________________________________
Business Address:____________________________________________________________________________________ Signature: _________________________________________________________________Date:_____________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal:

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EXHIBIT “B-3”

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

1. “Segregated facilities,” as used in this provision, means any waiting rooms, work ar eas, rest rooms and wash rooms, restaurant s and other eating areas, t ime clocks, locker ro oms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, 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 wil l not maintain o r provide for its employees any segre gated facilities at any of its establ ishments, and that it does not and will not per mit its employees to per form their s ervices at any location under its control where segregated facilities are maintaine d.

The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

3. By submissi on of the bid, the BIDDE R further ag rees 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 Nonsegregated Facilities must be submitted before the award of a subcontract under 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 the Nonsegregated Facilities provisions above.

Company: _____________________________________________________________________

Business Address: _____________________________________________________________________

Signature:_______________________________________________ Date:___________________________

Signing Official (Print or Type) :____________________________Title of Signing Official:_________________

Company Seal:

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EXHIBIT “B-4”

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

_________________________, being first duly sworn , deposes an d says that he or she is _________ of __________ the party making the foregoing Bid ; that the Bid i s not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induc ed or solicited any other BIDDER to put in a false or sham Bid, and has not directly or in directly colluded, conspired, connived, or agre ed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain 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 or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other BIDDE R, or to secure any advantage against the public body awarding the c ontract of anyone interested in the proposed contract; that all state ments contained in the B id are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or he r Bid price or a ny b reakdown thereof, or t he contents thereof, or di vulged information or data relative thereto, or paid, and will not pa y, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agen t thereof to effectuate a collusive or sham Bid.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________

Company Seal:

State of California
County of ________________________

On this __________ day of _______________before me, ___________________________________________, a Notary Public,
personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person (s) whose name(s ) is /are subscribed to the within ins trument and ack nowledged to me that he/she/they ex ecuted the same in his/her/their a uthorized 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 PER JURY under th e laws of the State of California that the foregoing parag raph is true and correct
WITNESS my hand and official seal.

Signature __________________________________ (Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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EXHIBIT “B-5”

WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

I am awa re of the provisions of Section 3700 of the Labor Code which requires every employe r to be insured against liability for work ers’ compensation or to un dertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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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 submissi on of a Bid, the BIDDE R certifies t hat neither it nor any of its empl oyees has performed or participated in any prohibited actions, as defined in that provision, relating to the award of t he Contract. By commencing performance of the Contract work, the selected BIDDER certifies to Anti-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

To Accompany Bid

By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throu ghout the life o f this Contract. By comme ncing 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”
To Accompany Bid

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 corpor ations 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 below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY (Authorized Signature)

DATE EXECUTED

PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)

( )
TITLE

CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug -Free Awareness Program as required by Governmen t Code Section 8 355(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 e mployee 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 s tate will r egard this certificate as valid for a ll contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, 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 chec ked below relating to the Contractor’s sta tus 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 Cal ifornia 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 ot her person or entity identif ied 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 exempt ion, 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, f alse certification of this f orm 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 thr ee years.

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EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid)

CONTRACT FOR DIGESTER CLEANING AT THE CITY OF VISALIA WATER

RECLAMATION FACILITY
(City of Visalia Bid No. 22-23-47)

This Agreement, entered into and effective this ________ day of ________________, 20 23 [“Effective Date”], by and between the City of Visalia, 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 type) with a primary business address of ____________________ and SSN or EIN: _______ _____________; and

WHEREAS, CITY is a municipal corporation and Charter Law City; and

WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the Annual Project; and

WHEREAS, CONTRACTOR represents it is licensed , qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall 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 shall, at the City’s option and with the consent of the CONTRACTOR , be extended annua lly thereafter for four (4) consecutive 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 cons ent to renewal by the CITY, then they must provide the CITY Project Manager with written notic e of non -renewal at least th irty (30) days prior to the renewal date.

Additionally, this Agreement may be terminated for convenience by the CITY, in wh ole or in p art, by giving the CONTRACTOR fifteen (15) days’ written notice of the intent to terminate whe never the City determines th at termination is in the best interest of the City. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

The following are attachments for th is Agreement. 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 22-23-47, Annual Contract for Digester Cleaning at the City of Visalia Water Reclamation Facility
Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-47

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3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall p rovide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):

All work described in Scope of Services in Bid No. 22-23-47.

4. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:

TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor

5. COMPENSATION:

CITY shall pay CONTRAC TOR compensation for services as indi cated in Paragraph 4 above; however, CITY shall pay n ot more than the following amount as total compensation under this Agreement, unles s otherwise agreed in w riting. Such sum shall be expended and paid by CITY on a re imbursement basis fo r serv ices actually perfo rmed base d on invoices, rece ipts, time sheets and similar documents presented by CONTRACTOR to CITY.

6. CONTRACT PRICE ADJUSTMENTS:

All prices quot ed 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 adjustm ent feature is hereby incorporated into the specifications. Prices bid by vendor may 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 responsibility of the contractor to request a price adjustment a nd to provi de all docu mentation necessary. The request for price adjustment must be submitted to the project manage r 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.

Requests filed after this time-period will not be considered.

The unit prices for the ensuing contracts shal l be based on the mo vement of the unadjusted figures of the U.S.

Bureau of Labor Statistics Consumer Price Index (CPI) for All Urban Consumers (CPI-U U.S. City Average, All Items). The c ontract unit pri ces 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 form ula shall be binding o n 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 G avin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russia n entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. governme nt 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 an y new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordin gly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transaction s with sanctioned individual s or entities, that shall be grounds for termination of this agreemen t. 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: $
Source of Funds: Local Revenues
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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 certif y under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that suc h 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 Assigns: 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 Assig nment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CO NTRACTOR, or if sen t vi a t he United Sta tes Po stal Servic e, postage prepaid, addressed as follows:

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________

D. Independent Cont ractor: It is un derstood and agre ed by the parties herein that CONTRA CTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdict ion of litigation arising from this A greement shall be in California. Any action b rought to interpret or enforce this A greement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waiv es any right to remove any action to a county other than Tulare C ounty as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agre ement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the en tire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder . This Agreement may not be modified 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 foun d to be in conflict with applicable laws, such part shall be inopera tive, null and void insofar as it is in conflict with said law, b ut the remainder o f the Agreement shall be in full force and effect.

H. Indemnification: The CONTRACTOR waive s any and all c laims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, exce pt claims arising from the concurrent or sole negligence of the CITY or its officer s, agents or employees.

The CONTRACTOR will indemnify, hold harm less, and defend ( at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability ar ising out of the CONTRACTOR’s performance of this Agreement except f or liability arising out of the concu rrent or sole negligence of the CITY or its officers, agents, or employees.

I. Attorney’s Fees: In the event either party commences any action, arb itration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

K. Firearms Prohibited: Guns may not be carried by contractors /vendors/ consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

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EXHIBIT “C”, Attachment 2

INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance . CONTRACTOR, at its sole cost and expen se, for the full term of thi s Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insur ance coverage(s) and requirements. Such insurance coverage shall b e primary coverage as respects CITY an d any insurance or self -insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractor s in the performance of this Agreement , CONTRACTOR shall obtain an d maintain indepe ndent i nsurance as t o each subcontractor or otherwise provide evidence of insurance covera ge for each subc ontractor equivalent to that required of CONTRACTOR.

3. Types of Ins urance and Minimum Limits . The follow ing types of insurance and m inimum limits are required providing at least the following minimum coverage and limits of liability:

a. Worker’s Compensatio n written in accordance with the laws of the State of California pr oviding coverage for any and all emplo yees of CONTRACTOR in the mi nimum statutorily required coverage amounts;

b. Automobile Liability Insu rance for each of CONTRACTOR’s vehic les used in the performance of this Agreement, including owned, non -owned (e.g. own ed by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.

c. Comprehensive or Commercial General Liability Insurance coverage in t he minimum amount of $1,000,000 combined single limit, including coverage for:

(1) bodily injury
(2) personal injury
(3) broad form property damage
(4) contractual liability
(5) cross-liability
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “ Claims Made ” ra ther than “Occurrence” form, CONT RACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “pos t agreement coverage”) and any extensions thereof. CONTRACTOR may maint ain the required post agreement coverage by renewal or purchase o f prior acts or tail coverage. This provision is continge nt upon post agreement coverage being both available and reas onably affordable in relation to the coverag e provided during the term o f this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the la st annual policy premium during the term of this Agreement in order to purchase pri or acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liab ility Insurance shall be endorsed to contain the following clauses:

a. The City of Vi salia, its officers, agents, employees, repr esentatives, and volunteers are added a s additional insured s as r espects ope rations and activ ities of, or on behalf of the named insured, performed under contract with the City of Visalia.

b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.

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c. This insurance shall not be canceled, limite d in scope or coverage , or non -renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to p rovide its insurance broker(s) with a full copy of these i nsurance provisions and provide CITY on or before the effecti ve date of this Agreement with Certificate(s ) of Insurance for all required coverag es. Copies of all t he req uired Endor sements shall be attached to the Certificate(s) of Insurance or other evide nce of insurance acceptable to the City of Visalia, which sha ll be provided by CONTRACTOR’s insurance com pany as evidence of the stipulated cove rages. This Proof o f Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division