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RFB-22-23-31, Street Sweeping Services

Visalia City Council
November 20, 2023

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RFB-22-23-31, Street Sweeping Services
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November 20, 2023
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Visalia City Council
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45
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Text extracted from the city's file for reading and search. Open the original on visalia.legistar1.com. That file is the official record.

RFB-22-23-31

ANNUAL CONTRACT FOR STREET SWEEPING SERVICES

CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) 22-23-31

ANNUAL CONTRACT FOR STREET SWEEPING SERVICES

BIDS DUE NO LATER THAN
2:00 P.M. ON TUESDAY, SEPTEMBER 26, 2023

The City of Visalia expressly reserves the right to modify, or with draw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue o f its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, fo r 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 th eir terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

PUBLIC WORKS MAINTENANCE CONTRACT: This is a Public Works Maintenance Contract therefore it is subject to registration with the Department of Industrial Relat ions, payment of prevailing wages, submission of certified payroll records to the Labor Commissioner and other requirements list ed in the City of Visalia Labor Compliance Manual (attached). All Bidders, Contractors and Subcontractors must be registered with the Department of Industrial Relations.

Inquiries: Direct questions for clarification of this bid document to the Purchasing Division (559) 713- 4334. To prevent misinterpretations, the Purchasing Division prefers that all questions be sent by e - mail to [email protected] or via fax (559) 713 -4801. All questions m ust be rece ived before:
4:00pm on September 13, 2023.

Legal Ads: 8/15/23 & 8/22/23

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TABLE OF CONTENTS

I. DEFINITIONS ................................................................................................. 4

II. INTRODUCTION .............................................................................................. 4

III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS ........................ 6

IV. INSTRUCTIONS .............................................................................................. 9

V. SCOPE OF SERVICES/PROJECT .................................................................... 9

VI. PRE-BID AND PRECONSTRUCTION MEETINGS .............................................. 14

VII. BID OPENING AND CONFIDENTIALITY .......................................................... 15

VIII. AWARD .......................................................................................................... 15

IX. PROTESTS/APPEALS .................................................................................... 15

X. SPECIAL CONDITIONS ................................................................................... 16

XI. GENERAL CONDITIONS ................................................................................. 17

XII. POST AWARD RESPONSIBILITIES ................................................................. 20

EXHIBITS

A. BID FORM ...................................................................................................... 22-28

B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM

B-1. Equal Employment Opportunity Compliance Certificate ............................... 29 B-2. Certificate of Non-Segregated Facilities ................................ ........................ 30 B-3. Non-Collusion Affidavit ................................ ................................ ............... 31 B-4. Worker’s Compensation Insurance Certificate ................................ .............. 32 B-5. Americans with Disabilities Act Compliance Certificate ................................ 33 B-6. Disclosure Forms ................................ ................................ ........................ 34 B-7. Drug-Free Workplace ................................ ................................ .................. 35 B-8. Iran Contracting Act ................................ ................................ ................... 36

C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS

ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS

D. ADDITIONAL ATTACHMENTS

D-1. STATE OF CALIFORNIA PREVAILING WAGES
D-2. CITY OF VISALIA LABOR COMPLIANCE MANUAL

E. ASSOCIATED VISALIA STREET MAPS AND ROUTES

Exhibit E-1 contains the following:

Map 1 City of Visalia Map with mileage
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Map 1A NE Medians
Map 1B NW Medians
Map 1C SE Medians
Map 1D SW Medians
Map 2 State Routes
Map 3 Downtown Central
Map 4 Downtown East
Map 5 Downtown Alleys
Map 6 Bike Paths and Trails
Map 7 Parking Lots and Downtown Area
Map 7A Plaza Park Rd and Parking Lots
Map 7B Whitendale Park
Map 7C Summers Park
Map 7D Ruiz Park
Map 7E Recreation Park
Map 7F Fairview Park
Map 7G Blain Park
Map 7H St. John’s Park Roadway and Parking Lots
Map 7I Lovers Lane Parking Lot @ St. John’s Parkway
Map 7J Riverway Sports Park
Map 8 Corporation Yard
Map 9 Leaf Route
Map9A-C Leaf Route Magnified
Map 10 Major Intersection
Map 11 Temporary Transfer Sites
Map 12 Parking Structures

Exhibit E-2 Sweeping Schedule with Locations

Attachment A Streets with Medians
Attachment A1 Streets with Roundabouts
Attachment B State Routes
Attachment C Downtown Streets
Attachment D Downtown Alleys
Attachment E Bike Paths
Attachment F1 Parking Lots (weekly)
Attachment F2 Parking Lots (twice monthly)
Attachment F3 Parking Structures (weekly)
Attachment G Transfer Sites
Attachment H Major Intersections

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I. DEFINITIONS

For the purposes of RFB NO. 22-23-31, 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", “C onsultant”, “Contractor” and “ Subrecipient” are used interchangeably throughout this invitatio n to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposa l” are used interchangeably t o mean an individual’s or enti ty’s offer in response to this Request for Bid.

5. “RFB” means Request for Bid No. 22-23-31.

II. INTRODUCTION

The City of Visalia Purchasing Division is soliciting Bids for an annual contract for sweeping of streets, parking lots, bike paths and alleys.

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

An informational Pre-Bid Teleconference has been scheduled for this project beginning at 11:00am on Wednesday, September 6, 2023. Interested Bidders are encouraged to parti cipate as time will b e set aside for questi ons and answers a bout the project work and contract requirements. It shall be the responsibility of the Contractor to have acquired full knowledge of the job sites, scope of work and any problems or difficulties that may affect the work proposed. For the teleconference link and/or phone number, please email your name and contact infor mation to [email protected] or call 559-713- 4334.

This Request for Bids is being i ssued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this regarding this RFB should be directed to the Purchasing Division at (559) 713 -4334. To prevent misinterpretations, the Purchasing Division prefers that all questions be sent by e-mail to [email protected] or via fax: 559-713-4801.

Any revisions to t he Invitation to Bid will be issued and d istributed as addenda . Bidders ar e specifically directed not to contact any othe r City p ersonnel with questions, requests for meetings, conferences, or technical discussions related to this Invitation to Bid. Failure to adhere to this pol icy may be grounds for rejection of Bids.

Local Preference: To encourage local businesses to provide goo ds and services to the City, Council has enacted a local preference. The local prefer ence will apply to any b usiness that has a busin ess 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 bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be give n three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

Public Works Maintenance Contract. Notice is hereby given t hat this is a Publ ic Works Maintenance Contract. Awarded Contractor must comply with S tate Regulations as outlined in these spe cifications and in the C ity of Visalia Labor Compliance Ma nual, including payment of p revailing wages, RFB-22-23-31

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registration with the California Department of Industrial Relations, and electronically uploading certified payroll to the Labor Commissioner.
• Pursuant to Sections 1770, et. seq., of the California Labor C ode, the selected firm will be required to pay not less th an the prevailing wage of per diem wages as determined by the Director of the California Dep artment of Industrial Relations. The current prevailing wages associated with this work are attached as Exhibit D-2.

• In compliance with SB85 4 and Lab or Code Section 1 725.5, all contractors and subcontractors bidding and performing work on Pu blic Works Projects must: 1) Be currently registered with the California Department of Industrial Relations (DIR), 2) Furnish electronic payroll records f or new pr ojects to th e Labor Commissioner. Awarded Cont ractor will be required to furnish the City of Visalia with their DIR registration number.

See Scope of Work, Section D and City of Visalia Labor com pliance Manual (att ached) for additional details. See Section III for additional Department of Industrial Re lations Requirements which apply to this project.

The Bidder awarded a contract pursuant to this RFB will be required to provide to the City of Visalia: a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”. According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety. The P erformance bond shall remain in force fo r the du ration of the contract (updated annually).

The City of Visalia affirmat ively ensures that Minority Business Enterprises and Disad vantaged Business Enterprises (DBE) will be afforded full op portunity to submit proposals i n response to t his notice. Individuals and/ or e ntities submitting bids/prop osals to the City of Visalia will not be discriminated again st on the basis of race, relig ion, creed, age, color, nati onal o rigin, ancestry, physical or mental dis ability, medical c ondition, genet ic information, marit al status, gender, gender identity or e xpression, sexual or ientation, or mili tary and veteran statu s in any consideration leading to the award of contract.

Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Go vernor Gavin Ne wsom issu ed Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Rus sian entities and individuals. “Economic Sanctions” refers to sanctions imposed by th e U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By s ubmitting a bid or p roposal, Contractor represents that it is not a target of Ec onomic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is condu cting prohibited tra nsactions with sanctioned individuals or entities, that shall be grounds fo r rejection of the Contractor’s bid /proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

The City of Visalia reserves the right to reject any or all bids.

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III. DEPARTMENT OF INDUST RIAL REL ATIONS REQUIREMEN TS, Public Works Contractor Registration Program and Project Labor Agreements

No contract will be awarded unless that contrac tor and subcontractors (if any) are registered with the California Department of Industrial Relations (DI R). Bids by unregistered contractors submitted after may be rejected as non-responsive.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Co de, or engage in the perf ormance of any contract for public work , as defined in this chapter, unless currently regi stered and qu alified to perform publ ic work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Bus iness and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

If a project l abor agreement (the term “pro ject labor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire collec tive 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 t he United States Code) is used, then it mus t comply with the taxpa yer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordi nances requiring or prohibiting such agreements.

The following statements and requi rements a re to be included in all City of V isalia public work contracts that require the payment of pr evailing wages in accordance with California Labor Code (CLC). This RFB document becomes a par t of the public works contract for this project and therefor e, 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 currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid propo sal, or per form any publ ic work for the City of Visalia . Pr oof of registration for each contractor and subcontractor listed on the bid is required.

❑ As set f orth is CLC section 1771.4 (a)(1), notice is given that this pro ject i s a public work , subject 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 requi red by the City of Visalia to post job site notices, as pres cribed by regulation. Informa tion on requ ired workplace postings may be found on the Department of La bor website at:
http://www.dir.ca.gov/wpnodb.html .

❑ The contractor and each subcon tractor shall maintai n all project records required under CLC for public works projects and preserve them for a minimum 3 -year period to begin on the date a Notice of Completion is filed for t he project. Please refer to the retention period required for any grant or specialize d pr oject funding. Some fundi ng sources r equire an extended time period for records retention.

❑ In accordance with CLC section 1773.2, the co ntractor is required, by the City of Visalia , to post a copy of the det ermination of the Director of Labor Standards prevailing rate of p er diem wages for each craft, classification, or type of worker needed to execute the contract at each jo b site.

❑ In accordance wi th la bor c ode section 1776 and it’s enf orcement (1771.4(a)(3 )), for i nitial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall;

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o Maintain and furnish directly to the Labor Commissioner, bi -weekly, a certified copy o f each weekly payroll as specified in s ection 1776 containin g a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.

o Make available or provide a certified copy of these payroll rec ords and their supporting documentation within 10 days to all au thorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776.

o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify th e City of Visalia within 5 working days of any change in their location.

❑ The City of V isalia will comply with any prevaili ng wage monitoring and enforcement activities required by the labor c ompliance programs of the Department of Industrial Relations inc luding the withholding of contract payments in the amount of an y underpayment of prevai ling wage and applicable penalties a s directed by the Department of Labor Standards Enforcement in accordance with CLC section 172 7(a). Any amount withheld will be rele ased as directed by t he Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).

❑ As set forth in labor code section 1775(b), th e fol lowing subcontractor provisions sh all be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:

o As set forth in CLC section 1775(b)(1), any contract e xecuted between a contrac tor and a subcontractor for the perform ance of work on a Cit y of Visalia public works proj ect shall include a copy of the prov isions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be incl uded within or as attachm ents to the contract.

o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Co mmissioner, bi -weekly, a certified c opy of each weekly payroll as specified in section 1776 containing a statement of compliance w ith labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.

o As set forth in C LC section 1775(b)(2), t he contractor shall monitor the paym ent of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

o As set forth in CLC section 1775(b)(3), upo n becoming aware of the failure of t he subcontractor to pay his or her workers the specified prevailing r ate of wages, the contractor shall diligently take corrective ac tion to halt or recti fy the failure, including, but not limited to, retaining sufficien t funds due the subcontractor for wo rk performed on the public works project.

o As set forth in CLC sectio n 1775(b)(4), prior to ma king final payment to the subcontractor for work performed o n th e pub lic wo rks project, th e contractor shall obtain an affidav it signed under penalty of perjury f rom the subcontractor that the subcontractor has paid the specified g eneral prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pu rsuant to Se ction 1813. Prior to th e release of retention to the contra ctor, 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 commenci ng work on a contract for publ ic work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

❑ Only apprentices, as defined in CLC se ction 3077, in traini ng under apprenticeship standards approved by the Division of Appr enticeship Standards (DAP) and party to written apprentice RFB-22-23-31

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agreements under CLC section 3070 -3098 may be employed at the apprentic e wag e rate on public works.

❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the num ber 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 o f apprentice work for every five hou rs of journeyman work.

❑ The prime co ntractor is responsible for compliance with the requirements of CLC s ection 1777.5 for all app renticeable occupations employed on the contract. As stated in 1777.5 (o), the apprentice ship require ment does not apply to c ontracts of general contractors or t o contracts of specialty contractors not bidding for work through a g eneral or prime contracto r when the contract is less than thirty thousand dollars ($30,000).

❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalties ass essed 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 project sh all include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor cod e sections must be includ ed within or as attachments to the contract.

o The contractor shall continually monitor a subcontractors use of apprentices required to be employed on the public w orks project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.

o Upon becoming aware of a fail ure of the s ubcontractor to employ t he required number of apprentices, t he contractor shall take corrective action, including , but not limit ed to, retaining funds du e to the subcontractor for work perform ed on the public work s project until the failure is corrected.

o Prior to making a final payment to the subcontractor for wo rk performed on the public works project, the contractor shall obtain a declaration signed und er pe nalty of perjury from the subcontr actor that the subcon tractor h as emp loyed the requi red number o f apprentices on the public works project.

❑ The prime contra ctor is required to provide a signed affidavit declaring their compli ance with California Labo r Cod e sections 1771 (prevailing wage) and 1777.5 (apprentic eship) fo r 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 fo rth in CLC secti on 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general p revailing rate for holida y and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract f rom the Director of Industrial Relations. This will include the apprenticeship prevailing wag e for all apprenticeable trades. In ac cordance with labor c ode section 1773.2, this information is to be included in the contract itself.

10 days before the clo sing date of the bid, the project manager will review the prevailing wage rates included in an y req uests for bid proposals for update s and issue an addend um t o not ify in terested bidders of any cha nges. General prevailin g wage determinations made by the di rector 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 RFB-22-23-31

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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:

From: Bidders Name & Mailing Address

To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291

In lower left-hand corner of envelope, please mark bid: Street Sweeping Services RFB NO. 22-23-31

4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with t he sealed Bid. City will not consider Bids which are not accompanied by the required completed forms.

5. Inquiries: Instructions to Vendor, Specifications an d Bid Forms may b e inspected and obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713 -4334, or by FAX (559) 713 -4801. However, t o prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].

All questions regarding this project are due by 4:00pm on September 13, 2023.

V. SCOPE OF SERVICES/WORK
Awarded Contractor shall be responsible for providing all labor, tools, equipment, fuel and supplies for sweeping of streets, parking lots, bike paths and alleys as indicated in this RFB and attachments.

The City has a population of approximately 1 40,000 and there are approx imately 520 street miles within the City limits, most of which are installed with curb and gutter . Residential streets are swept on a monthly basis and the Downtown District is swept twice per week. State Routes through the City and alleys are swept once per week, and the City-owned parking lots are swept either once per week or twice per month.

Work is t o be p erformed during hours tha t provide for the most thorough sweeping with minimal conflict with garbage collection, parking and traffic flow. Pl ease refer to the attached exhibits showing the lo cation, frequency, service days, times and units of me asurement f or each area to be swept.

Below you will find the scope of work as it relates to each specific area.

Measurements in this document are take n from the City’s Geographical Information System (GIS) and are either in square foot (sq. ft.) or linea r street Miles. Non -Median curb mil es can be calculated by multiplying linear street miles by 2, and median curb miles can be calculated multiplying li near street miles by 4.

1. Methods:

The Contractor will use the following methods of sweeping. For all residential streets and state routes (with and without medians), and all of the downtown district streets the contractor will make no less than one pass along each curb line, which includes: all curb lines, parkways, medians, A/C berms, swales and edges of roadways. All parking lots, alleys and bike paths will be swept in a “curb -to-curb” manner that will cover all accessible surface area. If the Contra ctor has to make multiple passes to pick up any debris not picked up during initial pass, it will be done at no additional cost to the City.

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In addition to the above sweeping, extra street sweeping is required in selected residential areas during the heavy 3-month leaf fall, typically from November to January, referred to as the “leaf season.” This additional “leaf season” sweeping requires c urb-to-curb sweeping in the designated Leaf Route (which includes streets, parking lots and alleys) in an effort to remove all leaves and debris from the entire asphalt surface. This is done in addition to the regular m onthly curb sweeping and shall not b e done within one week of a regular monthly curb to curb sweep unless specified by the Project Manager.

2. Physical Presence and Customer Service:

Within six (6) mont hs of the con tract effective date, t he awarded Contractor shall, at his/her own expense, acquire and maintain a shop/yard that is physically located within a sixty (60) mile radius of the Visalia City limits if Contractor does not already have a location within the mentioned radius. This will ensure that Contractor’s equipment is available for the emergency call outs and occasional unscheduled sweeping that may be required.

The City of Visalia places the utmost importance and val ue on tim ely, courteous and p rofessional customer service, both internally and e xternally. To assist in meeting thi s standard, the Awarded Contractor shall maintain a phone number that customers may call directly . The Cont ractor shall respond to customer calls within one (1) working day.

3. Equipment: All equipment used on this contract will be maintained at 100% compliant with all applicable Federal and State laws. The Contractor is to provide Regenerative Air Sweeping ser vice to all of the City’s streets, medians, parking lots, bike paths and selected alleys. At a minimum, all stree t sweepers will be mounted on a 2012 or newer chassis and utilize Regenerative Air technology, with PM-10 compli ant dust control systems and A QMD Rule 1186 low emission s packages. Each Regenerative Air sweeping unit that is used for residential sweeping r outes must come equipped with dual gutter brooms with a minimum sweeping width of 140” (while both gutter brooms are deployed).

Each Regenerative Air Sweeping unit that is used for parking lots, bike paths and alley sweeping must come equipped with dual g utter broo ms with a minimum sweeping width of 120” (while both gutter brooms are deployed).

Contractor shall provide all labor, tools and supplies needed for the power sweeping of the parking garages l ocated at 300 E. Acequia and 222 W. Acequia. This req uires a gutter broom equipped parking lot regenerative air sweeper that does not exceed the clearance height of 8’2” in the parking structure entrances and interior. See the Parking L ot section in the Specific Scopes of Work section for details.

The Contractor must have a minimum of two (2) back-up sweeper units available in case of breakdown or mechanical difficulty. The two units will consist of one Rege nerative Air unit with a min imum sweeping width of 140” and one Regenerative Air unit with a minimum sweeping width of 120” (while both gutter brooms are deployed ). All equipment used mus t have dust suppressant technology.

Any violations of regulations concerning dust control and t he San Joaquin Valley Air Pollution District will be the responsibility of the contractor.

Note that there is a small area of delineated bike path that may req uire a smaller sweeper to operate.

The smaller sweeper is not req uired, but if the contractor c hooses to not deploy this type of sweeper, the contractor will have to b low out the debris then sweep the street. See the Delineated Bi ke paths section in the Specific Scopes of Work below for details.

4. Specific Scopes of Work:

a. Residential Routes: For street sweeping purposes, the city is divided into 22 routes (See map 1). All residential streets with in each of these ro utes are to be swept once per month and require curb line sweeping of each side of the street. Currently one rou te is swept each day, Monday through Friday, so that over a four-week period all streets are swept. Major streets (collectors and arterials) with and without medians and school zones found within each residential route are to be swept before 6:00am. All remaining residential streets are to be swept after 6:00am.

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b. State Routes (SR) / Highways: There are approxi mately 5 street miles of State Ro utes with medians and turn pockets, and additional 4 street miles without medians t hat require once per week sweeping before 5:00am. They include portions of SR 63 and SR 216. The State Routes with medians require curb l ine sweeping of each side of the st reet and curb line sweep of all sides of each median, including painted lines and tur n pockets. The Stat e Routes without medians require curb l ine sweep ing of e ach side of the street defined on the State Ro ute Map without medians. (see Attachment B and Map 2 - State Routes (Highways)).

c. Downtown - Central District: The Central Downtown D istrict is defined as the area bounded by Mineral King Avenue to the South, Center Avenue to the North, Santa Fe Street to the East and Conyer Street to the West. There a re approximately 6 street miles in this district. Streets within this District require curb line sweepin g of each side of the street , are to be swept twice per week and must be completed by 6:00am. (See Attachment C Map 3 – Downtown Central).

There is a section of the Central Downtown District on Main Street between West Street and Santa Fe Street where sidewalks must be cleaned with air-blowers. This ½ mile section of Main Street requires curb line swee ping of both si des of the stree t twice per week , on Monday and Friday , between 5:45am and 6:30am prior to the stores opening for business.

d. Downtown - East District: This area is east of the Central Downtown District and is defined as the area between Mi neral King Av enue to the South, Center Avenue to the North, Ben Maddox Way to the East and Santa Fe Street to the West and has approximately 2.6 street miles. This area requires curb line sweeping on each side of the streets twice per month and must be completed by 6:00am. (See Attachment C Map 4 – Downtown East).

e. Alleys: There are approximately 3 street miles of alleys within the Central Do wntown business district tha t are to be swept once per week on Mondays, between the hours of 1:00am and 6:00am. These alleys ar e to be swept in a “curb-to-curb” man ner that will cover all accessible surface area of the alleys. (See Attachment D and Map 5 -Downtown Alleys).

f. Bike Paths: There are approximately 26.5 street miles of bike paths within the City that must be swept. The paths are to be swept twice per month, between the hours of 1:00am and 6:00am .

The Bike Paths are to be swept in a “curb -to-curb” manner that will cover all accessible su rface area of the Bike Paths. (See Attachment E and Map 6 - Bike Path Sweeping).

g. Delineated Bike Paths : In addition to t he regular bike paths, there are approximately 1.5 miles of delineated bike lanes that require th e swe eper to s weep bet ween the curb a nd th e delineator. In som e cases, the sweeper broom or brush may make c ontact wit h t he delineated posts. This is acceptable if the delineators are able to bounce back and not go under a tire or part of the sweeper that would cause damage to the delineator.

In on e specifi c a rea o n Walnut Avenue west of Santa Fe Street, a sta ndard sweeper will not fit between the delineator and the curb. This area requires either a manual blow of debris towards the street, followed by a sweeper to op erate ou tside the delin eator on the stree t s ide, or a smaller sweeper. This area is less than a quarter mil e in length. Please keep this manual operation in mind when bidding. (Future constructed delineated bike lanes should not have this hindrance and will be wide enough for a standard-sized sweeper to sweep on the bike lane side.)

These bike la nes are coded in “pink” color o n City of Visalia M ap #6 and specified in Exhibit E as Class IV Bike Routes. Please note that the delineated bike lane shown on City of Visalia Map #6 on Riggin Ave and listed under the Class IV Bike Lanes in Exhibit E is sc heduled to be constructed in summer of 2023.

h. Parking Lots: There are approximately 1,053,815 square feet of City-owned parking lots in or near the Central Downtown Business District that must be swept either once per week on Mondays or twice per month, as indicated, between the h ours of 1:00am and 6:00am (see Attachment F.1 and Map 7 , 7A, and 7J - Parking Lot S weeping). In addition, there are approxim ately 561,896 square feet of other City-owned parking lots in Park areas throughout the City that are swept twice per month (see Attachment F.2 and maps 7B – 7G).

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All parking lots are to be swept in a “curb-to-curb” manner that will cover all accessible asphalt surfaces.

Additionally, th ere a re t wo (2) parking structures (Map #12) in the Central Downtown Bus iness District. The following services shall be provided on a weekly basis:

Parking Structure Data:

• 8’2” clearance

• 300 E. Acequia structure is 158,500 sq. ft.

• 222 W. Acequia structure is 203,000 sq. ft.

• Sweep entire structure @ all levels
• Power sweep front parking lot areas @ all levels of structure • Power sweep back parking lot areas @ all levels of structure • Power sweep side parking Lot areas @ all levels of structure • Remove large trash debris from planter areas
• Remove trash debris from trash enclosure areas
• Remove debris from sidewalk and walkway areas
• Remove debris from curb and gutter areas

• The hours of sweeping shall be performed between 6:00 pm and 12:00 am.

i. Corporation Yard: The Corporation Yard (entrance at 309 N. Cain St.) consists of three main areas to be swept at vario us times according to Map #8 . The Corporation Yard roadways and parking lots consist of 364,896 sq. ft of area and ar e swept twice per month on Tuesdays before 4AM. The slow fill CNG fueling area consists of 122 ,850 sq. ft. and is sw ept twice per month on Mondays after 7AM and before 12PM . Lastly, the fast fill CNG fueling area consists of 20,625 sq. ft. and is swept once per month on the first Monday before 7AM.

j. Leaf Season: From November through January, a significant amount of additional sweeping is required in sele cted routes in orde r to collect leaves. Though concentrated in the older neighborhoods, leaf clean -up is required cit ywide. Th e Contractor wi ll be re quired to provide “curb-to-curb” sweeping of all street s once per month in the Leaf Route on the regular sweep day, from November 1 to January 31. There are approximately 205 linear miles of streets within the leaf route area (Bid Item #29). The Contractor will be responsible for disposing of the leaf debris during this three-month period. The Contractor’s compensation for the Leaf Season will be at a calculated rate per mile. The contractor is to include all costs ( e.g., equipment, labor, removal, transportation, disposal fees, etc.) in their per mile unit p rice for the “Fall Leaf Season ”. Note that these additional sweeps m ay not be conducted within one week of a regularly scheduled monthly sweep unless specified by the Project Manager. Any additions or changes to the area or scope of the leaf route will ma de by multiplying the change i n street miles by th e per mile unit pri ce on the contract. (see Maps 9 and 9A-C - Leaf Route). Any adjustments to additional area or scope shall be approved by the Project Manager.

In addition to th e curb-to-curb monthly sweep of the Fall Leaf Route, t he City of Visalia may also require the contractor to be available during the November through January Fall Leaf season for additional sweeps of the fall leaf ar ea referenced in Maps 9 -9C. These ext ra s weeps wi ll b e RFB-22-23-31

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coordinated with the project manag er for the Ci ty so that timely sweeps of the leaves ca n be scheduled. Because these sweeps are on an as-needed basis, and based on the leaf fall any given year, these may be scheduled up to an extra three times during the season, but not more than one extra sweep per month. . This item is listed as Alternate Bid Item #2 on the bid sheet and for bidding purposes has been estimated at three times per year but may not be used at all.

k. Disposal of Material: All collected material becom es the property of the Contractor an d shall be d isposed of i n a manner consistent with Federal, Stat e and Local laws, regulations and ordinances. Contract or will pay all costs associated wi th the disposal of the collected material, including collection, storage, transportation, and tipping or disposal fees.

During the leaf season, the City will require the Contractor to remove and dispose of all leaf debr is collected. The Contractor will be responsible for the disposal fees of the material. It is estima ted that approximately 1,250 tons of material will be collected during the annual leaf season. Due to the growth of the City and the maturing of trees, it is rec ommended to keep this growt h in m ind during the bid.

l. Temporary Transfer Dump Sites: Currently, the City has made seven temporary transfer sites available, located throughout the City. These si tes can be utilized by the Contractor for temporary storage of collected material. Local land use regulations or other factors may affect the availability of one or more of the sites for tempo rary storage of collected debris and it is anticipated that at some point in time, o ne or more of the temporary areas may become unavailable. The City will try to ensure that an adequate number of sites are available thr oughout the City for efficient temporary transfer of collected debris. The City will ensure that at least four (4) temporary disposal sites are available in the City for the Contractors use. (see Attachment G and Map 11 –Temporary Transfer Sites).

Under no circumstance will the collected d ebris be stored at a temporary transfer site for a period in excess of 14 calendar da ys. Contractor will be responsible for the maintenance of these sites as pertaining to clean up and compliance with any and all local and State regulations. All collected material posing a public health or safety hazard or having the potential to create a public nuisance will be immedi ately and appropriately disposed of. Violations concerning the San Joaquin Valley Air Pollution District and/or any other State regulation will be the responsibility of the Contractor.

At times, the City may use one of the listed transfer sites for City use. In these cases, the City will notify the contractor and limit this use to one site at a time.

m. Major Intersections: 194 intersections have been identified for curb to curb sweeping once per quarter (see maps 10). Each of these intersections cover a pproximately the same ar ea and should be bid as on e average unit price per intersection to facilitate ad ding to or changing th e number of intersections to be swept.

n. Special Sweepings: From time to time, unscheduled sweeping will be necessary. Each BIDDER will furnish an hourly rate that will be used to calculate compensation for non-scheduled, emergency, and non-emergency sweeping.

• Special Sweeping – Emergency: Contractor shall respond to emergency sweeping calls within 2 hours . Emergency sweeping will be paid at th e hourly rate shown on the Sweeping Bid Price sheet and measured by the time spent performing the sweeping. • Special Sweeping – Non-Emergency: Non-emergency sweeping will be performed no later t han the next business day. Non -emergency sweeping will be pai d a t t he hourl y rate shown on the Sweeping Bid Price sheet and measured by the time spent performing the sweeping.
o. Coordination with Solid W aste Co llection: The City’s residential sweeping route schedule has been developed in conjunctio n with the City’s So lid Waste collection to eliminate conflicts with residential trash collection days. (see Map A – Street Sweeping Days).

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Residential solid w aste co llection is performed on Monday, Tuesday, Wednesday and Thursday.

However, the schedule is subject to change on the follow ing Holid ays because the landfill is not open, or possibly due to very limited circumstances:

HOLIDAY Day
New Year’s Day January 1st
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Thanksgiving Day 4th Thursday in November
Christmas Day December 25th

In general, any day of the week that is not worked because of a Holiday or other factor, that day’s service and each week day afterward is moved forward on e d ay. For example, if the 4 th of July Holiday falls on a Wednesday, regular service is done on Monday and Tuesday, Wednesday service is done on Thursday, Thursday service is done on Friday.

The current solid waste resid ential route schedule is outlined in Map 1 - Street Sweeping Days . If there are to be any changes or significant deviat ions to the r outes, t hese ch anges mu st be approved by the Project Manager . Solid waste residential collection routes are subject to chang e mainly due t o population growth and due to other factors. Close coordination between the City’s Solid Waste collection and the Contractor is essential.

p. Change of Route Schedules: Any route ch anges affecting a significant number of re sidents may, at the Director’s, or the Dire ctor’s des ignee’s direction, require public notification to the residents. The method and conte nt for such notification is to be approved by the Director or their designee. The expense and facilitation of the no tification will be t he responsibility of the initiating party. In other words, if the City is responsible for requesting the route change, the City will cover the not ification e xpenses. Conversely, if the Contractor is responsible for requesting the route change, the Contractor will cover the expense, and will provide the City as much advance notice as possible.

q. Subsequently Added Sweepings : Ultimately, all st reets within the City must be swept on a monthly basis. As new streets are developed and as old er streets are annex ed into the City, these streets, too, m ust be swept. The Contractor will be required to m eet with a designated representative from the City on a quarterly basis (at minimum) to recommend additi ons to, and approve, the added sweeping for ne wly added street s, state route s, parkin g lots, al leys or bike paths. Contractor is encouraged to meet with City more frequently if there are any areas that need to be addressed. The “Unit Price” found on the “ Exhibit A-Bid Form” will be used in calculating the compensation for additions made to the sweeping service.

At no point during the contract is the contractor to add new streets to the contract without first being appro ved by the City ’s Project Manager an d o btaining an amended contract amount.

VI. PRE-BID AND POST AWARD MEETINGS

1. A Non - Mandatory Pre-Bid Teleconference. A non-mandatory pre-bid teleconference has been scheduled for 1 1:00am P acific Standard Time on Wednesday, September 6, 2023 .

Please email name of attendee and contact information to [email protected] to receive the phone number and /or link to join the meeting . Interested Bidders are en couraged to participate as there will be time set asid e for Bidders to ask questions and be p rovided with information regarding the scope of services and the cont ract requirements. It shall be the responsibility of the Contractor to have acquired full kno wledge o f the job s ite, scope of work and any problems or difficulties that may affect the work proposed.

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2. Post Award Meeting. Subsequent to the awa rd of contract, the Co ntractor shall meet with the P roject Manager prior to the start of work to discuss any probl ems or ques tions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.

City Project Manager: Jason Serpa
Department: Public Works

VII. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened p ublicly in the presence of attendees, i f any, on Tuesday, September 26, 2023 , at 2:00 P.M. (Pacific Standard Time) in the Visalia City Council Chambers at 707 W Acequia, Visalia CA, Cit y Hall. The name of each Bidder and the amount of each Bid shall be read aloud and recorded on a Bid Summary . The Bid Summary will b e open to public inspection a t the conclusion of t he Bid opening .

Other Bid in formation will not be available for public r eview during the eval uation phase.

2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will no t exp end public fun ds def ending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought agai nst it to seek access to, or compel disclosure of, any records or documents in the City’s possession.

After th e award, the City intends that its s election process will be open and publi c.

Respondents are advised that the California Public Records Act (“P RA”) provides tha t any p erson may inspect or be provided a c opy of any identifiable public record or document t hat is not exempted from disclosure by the express provis ions of t he Act.

The Federal Freedom of Information A ct (“FOIA”) contains a similar pro vision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the P RA or FOIA. Any info rmation contained in a Bidder’s submission which the Bidder believe qualifies for exempt ion from public disclosure as “Pr oprietary” or “Confidential” must be identified as such at the time of first s ubmission of Bidder’s Bid to this RFB. Any failure to id entify in formation contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confiden tial” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VIII. AWARD

1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1 -2) shall be awarded w ith r easonable promptness by appropriate written notice. Award shall be to the lowest bidder whose bid is de emed both responsive and respo nsible and meets the criteria o utlined in the specifications. A responsible Bidder is one who has the c apability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all o f the material te rms, for example, p rice, quantity, quality a nd delive ry, of this RFB.

Contractor must return a signed copy of the contract provided by the City with i ts Award Notice to City within ten (10) working days of receipt thereof.

2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, t echnical defects, and minor irregula rities in Bids received; and to select the Bid(s) deemed most advantageous to the City.

IX. PROTESTS/APPEALS

Because it is essential that Bidders have confidence in the procur ement procedures for soli citing and awarding contr acts, it is the policy of th e City to o ffer Bidders the o pportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

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1. Any actual Bidder who is aggrieved in connec tion 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 agg rieved Bidder knows, should have r easonably known, or could reasonably be expected to know of the facts giving rise thereto; and

2. Should ide ntify only the areas regardi ng bid contradictions, procur ement e rrors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

3. The City’s Purchasing Division shall hav e the a uthority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.

4. Further levels of appeal may be made in accor dance with the appeals provision contained in C hapter 5 of the C ity’s “Purchasing and C ontract Pro cedures” which i s available through City’s Purchasing Division.

X. SPECIAL CONDITIONS

1. Project Administrative Issues

a. Complete Scope of Services. The successful Bidder shall be responsible for pr oviding all materials, labor, equipment, fuel, and services necessary to fulfill the requirements of this RFB.

b. Quantities/Change Orders. The City r eserves and shall h ave the rig ht to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby au thorized to make such change s, in the w ork as may increas e or decrease the originally awarded contract quantiti es a nd/or total contract cost. The Contract Price, or the am ount du e the Contractor shall be re duced/increased after the price change is reviewed and authorized by the City of Visalia Project Manager or proper level City authority according to the dollar amount of increase.

Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such change s as if the altered work had been a par t of the original contract. These changes which are for work within the general scope of the contract sha ll be covered by contract amendments issued by the City.

c. Omitted Items. Project Manager is authorized to omit minor contract items. Major items must be omitted by supplemental agreement.

d. Extra Work. Contractor is prohibited from doing extra wo rk, unless authorized in w riting by Project Man ager before th e work is done. The Project Manager should obtain authorization from the appropriate level authority before agreeing to extra work requested by the Contractor. Payment for approved Extra Work shall be as agreed to in writing by the Project Manager prior to the Extra Work being completed. No additional payment is due for unauthorized Extra Work.

e. Payment. Payment sh all be based on quantities of actual wor k performed. Street miles completed wi ll be rounded to the n earest ten th of a mile. Invoices s howing itemized quantities according to the bid document of completed work sha ll be submitted once per month and w ill be reviewed before being approved by the C ity’s Project Manager.

Emergency Special Sweeps and Non-Emergency Special Sweeps (if any) shall be itemized on the monthly statement according to the hourly rate of contract.

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2. City-Contractor Relations

a. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall b e done under the general supervision of such Pro ject Manager or his or her designee(s). The Project Manager sh all de cide iss ues of quality and acceptability of equipment, work perform ance, rate o f progress of work, interp retation of specifications and all questions related to fulfillment o f the contrac t. Project Manager shall not have control ov er acts or omis sions of the Contr actor, Subcontrac tors, thei r agents or employees.

b. Contractor/Contractor’s Superintendent. Contractor shall bear all responsib ility for, and have all control ove r, the means, methods, techniques, sequences , procedures and safety precautions or programs related to the contracted work. Contracto r may designate a superintendent.

c. Work Sites/Existing Utilities and Structures.
(1) Contractor shall take care to a void, but sha ll be responsible for , all damage to existing structures.
e. Labor
(1) Workmanship. Workmanship sh all be equal to the be st general practice of modern-day street sweeping.

(2) Qualification. Contractor shal l ensure th at each employee who wor ks on this project is qualified to perform their assigned duty in a safe manner.

3. Legal R esponsibilities. It is the responsibility of Contractor to compl y with all local, state, and federal laws and regulations which apply to this project. This in cludes l, but is not limited to, compliance with Uniform Building, Plumbing, Mech anical, Electri c, and Fire Codes . C ontractor shall provide a safe working envir onment in compliance with the Occu pational Safety and Health Act, and California Health and Saf ety Codes.

Additionally, Contractor shall secure all necessary permits, licenses , and similar requirements to ca rry out the work. Contractor shall comply with all applicable labor laws, and ensure against discrimination.

XI. GENERAL CONDITIONS

1. It is the policy of the City to provide equal opportunity to all candidates when sele cting Bidders to provide public services. Bidders are expected to be equal oppo rtunity employers.

The City hereb y affirmatively ensures tha t Disadvantaged Business Enterpris es (DBE) will be afforded full opportunit y to submit a Bid in response to this no tice and will n ot be discriminated against on the basis of race, religion, creed, age, color, national origin, ancestry, physical or mental d isability, medical condition, gene tic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

No qualified dis abled per son s hall, on the basis of dis ability, be excluded f rom participating in, be denied the benefi ts of, or otherwise be subjected to dis crimination under any program or activity that receives or benefits from Federal financial assistance.

Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was fil ed or pending against Bidder in a legal or administrative proceeding RFB-22-23-31

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alleging tha t Bidder discriminated against its emp loyees, subcontractors, vendo rs or suppliers. A description of t he statu s o r resolution of tha t c omplaint, including any remedial action taken is required.

2. Post-Closing Date Corrections are prohibited.

3. Bids will not be accepted unless signed in in k (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

4. Bids must be submitted on or before the Closing Date (Bid Submittal Deadline). Any Bids rece ived after the Closing D ate (Bid Submittal Deadline) shall be ret urned, unopened, to the Bidder, pr ovided th e request number, opening date , a nd Bidder's return address are on the envelope.

5. Bids ma y be withdrawn prior to the Bid Closing Date by writin g to the Purchasing Division.

6. Telegraphic, telephonic, electr onic and facsimile Bids and w ithdrawal requests will not be accepted.

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

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

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

10. Bids should be prepared in a straight-forward, 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 Cit y’s Purchasing Divisio n is the only method which shou ld be relied on with respect to cha nges to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.

12. Any contract resu lting fro m the RFB will be jointly admin istered by th e C ity’s Purchasing Division, and the Department requesting Bids.

13. Prior to conducting business in the City, a busines s tax certificate (license) must be obtained. Call 559-713-4326 for more information.

14. Bidder shall p rovide insurance as req uired by law and as indicated in th e p roposed contract.

15. Bidder shall maintai n all personnel files and payroll recor ds for employee s used to implement the proposed contract.

16. Bidder shall withhol d, pay and report al l taxes and issue W-2 forms at the end o f each calendar year for employees used to implement the proposed contract.

17. Pursuant to the City’s Charter, all oth er things being equal, tie Bids shall be awarded to a local merchant to the exte nt quality and prices are equal. If neither is a local vend or, 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 ma y make such inves tigation o f the Bidder and inform ation in the Bi d as it determines necessary. This may include the collecti on of criminal history information, contractual and business associations and practices, employment histories and reputation.

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19. All California agen cies may p urchase off the Proposal submitted at the sam e prices, terms, conditions and specifications. The City of Visalia shall incur no resp onsibility in connection with another agency’s purchase.

20. Each Bidder will be req uired to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.

21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly ag ree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of th e work, as the City deems necess ary or advisable, at the prices Bid.

22. Bidders shall satisfy them selves by personal exam ination of the wo rk si tes, specifications, maps, and other contract documents, and by any othe r means as they believe necessary, as t o the actual ph ysical conditions , re quirements, and difficulties under which the project must be per formed. The s ubmission of a Bid shall b e conclusive evidence that the Bidder has invest igated, and is satisfied as t o the conditions encountered, as to the character, qua lity, and quantit ies of wor k to be performed, and the materials t o be fu rnished, and as to the requirements of the RFB and th e City. No a llowance shall subsequ ently be made because of lack of such examination or knowledge.

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”) .

Contractor may be required to submit Proposals on alternate items. Th e City reserves the right to award to the contract based on the lowest combin ation or combinations of Proposal items and alternate proposed items.

24. No mention shall be made in the Proposal of sales tax, use ta x or any other tax, as all amounts Bid will b e deemed and held to include a ny such taxes , which may be applicable.

25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corpo ration or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub -Bids to other competing Prime Contractors. Reasonable grounds for b elieving that a ny individual, fi rm, partnership, corporation or combination ther eof is interested in more than one Proposal for the work contemplated wil l c ause the rejection of all Proposals in which such individual, firm, partnership, corporation or comb ination thereof is interested. A Contractor who is not submitting a Bid as a Prime C ontractor may s ubmit any number of sub -Bids to competing Prime Contractors.

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

27. The annual con tract resu lting from this invitation to bid will be adm inistered by the Public Wor ks Department. However , t he City’s Purchasing Division shall be the final judge concerning issues or m atters related to contract interpretati on or problems regarding the terms, conditions, or scope of the contract.

28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the co nsent of the CONTRACTOR, be e xtended annually thereafter for four (4) consecutive one-year periods. CITY will be presumed to request renewal unless the CITY delivers written notice o f non-renewal to the CONT RACTOR, thirty (30) days prior to the renewal date. If the CONTRACTOR decides not to consent to renewal by the CITY, then CONTRACTOR must provide written notice of non -renewal to the CITY at least ninety (90) days prior to the renewal date.

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This Agreement may be terminated for convenience by the CITY, in whole or in part, by giving the CONTRACTOR thirty (30) days written notice of t he intent to term inate whenever the City determines that terminat ion is in the best interest of the City. In the event of t ermination or expiration of this Agr eement, CONTR ACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributa ble to the use of CITY funds.

29. All prices quoted in response to t his Invitation to B id shall be fir m and fixed for twelve (12) months from the annual anniversar y date of the agreement. In order to protect the interests of the City and to g ive the vendor a reasonable basis for bidding, a price adjustment feature is her eby incorporated into the specifications. Prices bid by vendor m ay be ad justed annually at tim e of contract renewal and upon mutual agreement of the parties to the contract to allow for pric e increases or de creases fo r labor and benefit rates, fuel, supplies and materials.

It will be the responsibility of the contractor to request in writing, a price adjustment and to p rovide all documentation nec essary. The written request for price adjustment must be submitted to the Project Manager at least thirty (30) days (but no sooner than ninety (90) days) prior to the annual anniversary date of the agreement.

Requests filed after this time period will not be considered.

The unit p rices for the e nsuing contracts shall be b ased on the movement 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 contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month per iod, c losest to the annual anniversa ry date of the contrac t. In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

30. This contra ct may be terminated without ca use by the City, in whole or in part, by giving the Contractor thirty (30) days written notice of the inten t to terminate whenever the City determines that termination is in the best interest of the City.

If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination s hall take effect ten (10) calen dar days af ter the date o f maili ng said termination notice.

Any assignment, subletting or transfer of the interest of the contractor, either in whole or in part, without the written consen t of the City s hall be cause for the City to immediately terminate the agreement for default.

Notwithstanding any other provisions of this agreement, thi s agreement may be terminated by the City upon a single violation of this agreement.

XII. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreem ent in a form similar to that at tached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into bet ween the City and the Contractor to whom the project is awarded . The A greement forms the basis for th e c ontractual obligation betwee n the pa rties r egarding the proj ect. A contract will be provided with the Notice of Aw ard and must be executed and returne d RFB-22-23-31

ANNUAL CONTRACT FOR STREET SWEEPING SERVICES

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to City w ithin ten ( 10) working days of the date of award not ification unless otherwise agreed.

2. Post-Award Re sponsibilities. Upon execution of t he Agree ment betw een the Ci ty an d the Contractor, the Contractor shall i mmediately report all changes in its Articles o f Incorporation, By-Laws, or Tax-Exempt status to the City.

3. Insurance. Contractor shall o btain and maintain the minimum insurance cover age outlined Exhibit “C”, Attachment 2. Contractor shall provide eviden ce of such insurance to City’s Purchasing Division prior to commencement of work.

4. Required Bonds: The Bid der(s) aw arded contract(s) purs uant to th is RFB will be required to pr ovide to the City of Vis alia: 1) a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working day s of the da te of t he “Notice of Award”. According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A:

VIII rated surety . The Performance bond shall remain in force fo r the duration of the contract (updated annually).

Upon determination by the City that a cont ract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writi ng, a notice to proceed on the contract work to Contractor.

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Name of Bidding Agency:_________________

EXHIBIT “A”
RFB NO. 22-23-31 - BID FORM
Project: ANNUAL CONTRACT FOR STREET SWEEPING SERVICES

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the Cit y’s Notice Inviti ng Sealed Bids No. 22-23-31 dated: __________, the undersi gned BIDDER he reby proposes to furni sh all labor, materials, e quipment, fuel, tools, appurtenances and incidentals required for the above stated projec t as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this propo sal is based upon careful examinatio n of the work site s, Instructions to BIDDERs, and the contract requirements. If thi s proposal is accepte d for award, BIDDER a grees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

BIDDER und erstands that a bid is requir ed for the ent ire work and that final compensation unde r the contract will b e ba sed upon the actu al quantities of wo rk satisfactorily completed. It is agr eed that all prices bid include all appurtenant expenses, taxes, royalties and fees.

BIDDER hereby agrees to execute a co ntract within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is h ereby mutual ly understood and a greed that in ca se the BI DDER does not, the said Pur chasing Division may proceed to award the contract to others.

BIDDER agrees that if awarded the contract, Successful Bidder shall furnish a Performance Bo nd in the amount of one hundred p ercent (100%) of th e agreement, as surety condition fo r the full, complete, and faithful performance of the agreement as outlined in the RFB document.

BIDDER agree s to commence the work on the start date agreed bet ween BIDDER and P roject M anager, only after the contract is fully executed and Notice to Proceed has been issued.

BIDDER further declares that he/she has not either directly or indirectly entered into an y agr eement, participated in any collusion, or othe rwise t aken any a ction in restraint of f ree competitive bid ding in connection with said bid.

BIDDER agrees that if awarded the contract, Successful B idder shall abide by all requirements of the Department of I ndustrial R elations (DIR ) applicable to t his public w orks maintenance contract and specified in the Ci ty of Visalia Labor Compliance Manual, including but not limited to maintaining a valid DIR registration number throughout the life of this contract , payment of state prevailing wages, and uploading certified payrolls electronically to the Labor Commissioner.

The quantit ies given on the Bid Pr oposal form a nd any related contract documents are estimates only.

They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith and reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the C ity d eems necessary or advisable, at the prices Bid.

BIDDER understand s that City will dete rmine Lowest Bi dder based on the lowest BASE BID TOTA L.

Award, if ma de will be to the Lowest Bidder whose bid is deemed both responsive and responsibl e and meets all required spe cifications. After Lowest Bidder has been det ermined, the City reserves the right to award Base Bid Onl y or Base Bid + one or more of the Alternate Bid items depending on funding.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.

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All bids will be checked for accuracy. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

Name of Bidding Agency:_________________
INSTRUCTIONS:

BIDDER is to calculate Base Bid as follows:

1. For Items 1 through 30 Bidder is to multiply Quantity (column A) x Unit Price (column B) x Number of Annual Services (Column C) = Annual Price (column D).

2. BIDDER shall total the Annual Price Column where indicated to calculate the Total Base Bid.

Note: Quantities listed as “miles” are referring to “street miles”.

ANNUAL CONTRACT FOR STREET SWEEPING SERVICES BASE BID
Prices bid include labor, equipment, materials, fuel, supplies, taxes, and all costs to perform street sweeping services as stated in RFB-22-23-31

A B C D
Item
# Description Frequency Quantity Unit Exhibit Map
Unit
Price Unit
# Annual
Services
Annual
Price
STREETS:
1 Streets Monthly 520 miles A 1 $_________per mile 12 $___________ 2 Street
Medians Monthly 64.5 miles A 1A-
1D $_________per mile 12 $___________
STATE ROUTES:
3 State Route Weekly 4.0 miles B 2 $________per mile 52 $___________ 4 State Route
Medians Weekly 5.2 miles B 2 $________per mile 52 $___________ DOWNTOWN:
5 Central
District 2x Week 6.0 miles C 3 $________per mile 104 $___________ 6 East District 2x Month 2.6 miles C 4 $________per mile 24 $___________ 7 Alleys Weekly 2.9 miles D 5 $________per mile 52 $___________ BIKE PATHS:
8 Bike Paths -
Various 2x Month 24.1 miles E 6 $_________per mile 24 $___________ 9 Delineated
Bike Paths 2x Month 1.4 miles E 6 $_________per mile 24 $___________ 10 Packwood Weekly 1.0 miles E 6 $_________per mile 52 $___________ PARKING LOTS/ROADWAYS:
11 Downtown Weekly 667,194 sq. ft. F1 7 $________per sq. ft. 52 $___________ 12 Downtown 2x Month 296,648 sq. ft. F2 7 $________per sq. ft. 24 $___________ 13 Riverway
Sports Park
Parking Lots
Weekly 390,454 sq. ft. F1 7J $________per sq. ft. 52 $___________ 14 Riverway
Sports Park
Roadway
Weekly 157,600 sq. ft. F1 7J $________per sq. ft. 52

$___________

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Name of Bidding Agency:_________________

A B C D
Item
# Description Frequency Quantity Unit Exhibit Map
Unit
Price Unit
# Annual
Services
Annual
Price
15 Plaza Park Rd
and Parking
Lots
2x month 107,490 sq. ft. F2 7A $_______per sq. ft. 52 $___________ 16 Whitendale
Park 2x month 57,114 sq. ft. 7B $_______per sq. ft. 24 $___________ 17 Summers Park 2x month 19,162 sq. ft. 7C $_______per sq. ft. 24 $___________ 18 Ruiz Park 2x Month 16,077 sq. ft. 7D $_______per sq. ft. 24 $___________ 19 Recreation
Park 2x month 19,360 sq. ft. 7E $_______per sq. ft. 24 $___________ 20 Fairview Park 2x month 9,144 sq. ft. 7F $_______per sq. ft. 24 $___________ 21 Blain Park 2x Month 28,213 sq. ft. 7G $_______per sq. ft. 24 $___________ 22 St. Johns Park
@Ben Maddox 2x month 14,022 sq. ft. F2 7H $_______per sq. ft. 24 $___________ 23 Parking lot @
Lovers lane 2x month 8,350 sq. ft. F2 7I $_______per sq. ft. 24 $___________ 24 Parking
Structure @
300 E Acequia
Weekly 158,500 sq. ft. F3 12 $_______per sq. ft. 52 $___________ 25 Parking
Structure @
222 W Acequia
Weekly 203,000 sq. ft. F3 12 $_______per sq. ft. 52 $___________ CORPORATION YARD AREAS:
26 Corporation
Yard
Roads/Lots
Bi-weekly 364,896 sq. ft. 8 $______per sq. ft. 26

$___________

27 CNG slow-fill
fuel line Bi-weekly 122,850 sq. ft. 8 $_______per sq. ft. 26 $___________ 28 CNG fast fill
public station Monthly 20,625 sq. ft. 8 $_______per sq. ft. 12 $___________ SEASONAL/PERIODIC SWEEPS:
29 Leaf Season -
Fall Leaf Route
Nov - Jan,
curb to
curb
205

Miles 9-9C $_______per mile 3 $___________
30 Major
intersections quarterly

194

Ea. 10 $_______Each 4 $___________

BASE BID TOTAL $________________

When additional Residential Zones, State Routes, Parking Lots and Bike Paths, etc. are added throughout the contract term, the price for each addition will be calculated by taking the unit price and multiplying it by the quantity of the unit of measurement and the number of times the a rea will be swept during the remainder of the contract term. Please note that all quantities are rounded to the nearest tenth of a mile.

Additional items on following page.

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Name of Bidding Agency:_________________

Bidder is required to provide pricing for Special Sweeping as listed below. Special Sweeps are required on an as-needed basis and described in the RFB, Section V. Scope of Services, Specific Scopes of Work, Pg 10, item n. Since the special sweeps are req uested as needed , the Awarded Contractor will be expected to list special sweeps as a separate line item on m onthly invoice to the City. Invoice shall detail the date, location and hour(s) of each sweep.

SPECIAL SWEEPS:

Unit Price
Non-Emergency Sweeps
Contractor Response is required
within 24 hours
When requested

$__________per hour
Emergency Sweeps
Contractor Response is required
within 2 hours
When requested

$__________per hour

ALTERNATE BID ITEMS
Bidder is required to provide pricing on the Alternate Item #1 and Alternate Ite m #2. Depending on available funding the City may choose to add one or more of the Alternate Bid Ite ms to the awarded contract.

ALTERNATE ITEM #1 – ADDITIONAL SWEEPING SERVICES FOR STREETS & MEDIANS If the City of Visalia chooses to increase sweeping frequency of streets and medians from once per month to twice per month on th e areas listed b elow it will result in 12 additional sweeps per yea r for th e areas specified.

Bidder’s pricing below shall reflect the cost to the City for the 2nd sweeping of the month for the areas listed.

ALTERNATE ITEM #1 (ADDITIONAL SWEEPING SERVICES FOR STREETS & MEDIANS) Prices bid include labor, equipment, materials, fuel, supplies, taxes, and all costs to perform street sweeping services as stated in RFB-22-23-31

2nd Sweeping

Frequency

A
Exhibit Map
B C D
Quantity Unit Price
Additional
Services
Annually Annual Price
STREETS:

Streets Monthly 520 miles
A 1 $_______per mile 12 $_____________
Street Medians Monthly 63.8 miles A 1A-1D $_______per mile 12 $_____________ ALTERNATE ITEM #1 TOTAL $________________

Additional items on following page.

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Name of Bidding Agency:_________________

ALTERNATE ITEM #2 – ADDITIONAL FALL LEAF SWEEPS
The City of Visalia may desire add itional Fall Leaf Sweeps for the months of November through January.

Please note that the regular fall leaf season sweeps are already included in the base bid price.

Bidder’s p ricing shall reflect the cost to the City for additional Fall Leaf Sweeps , i f requested by City.

ALTERNATE ITEM #2 (ADDITIONAL FALL LEAF SWEEPS)
Prices bid include labor, equipment, materials, fuel, supplies, taxes, and all costs to perform street sweeping services as stated in RFB-22-23-31
Description
A
Map
B D
Quantity Price
Additional Fall Leaf Sweeps
Nov-Dec if requested by City 205 miles
9-9C $_________per mile $_________________
ALTERNATE ITEM #2 TOTAL $__________________

(1)__________________________________________________________________________________________ Bidding Firm

(2)__________________________________________________________________________________________ Corporation, Partner, Joint Venture

(3)__________________________________________________________________________________________ Business Address City State Zip Code

___________________________________________________________________________________________ Telephone Number Fax Number Email Address

(4)_________________________________________________________________________________________ Signature of Authorized Person (Date)

_________________________________________________________________________________________ Type or Print Authorized Person’s Name Type of Print Authorized Person’s Title

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE

(1) If the BI DDER is an individual, enter name here in style used in business; if a joint venture, exact name of en tities joinin g in the venture; if a pa rtnership, the corre ct trade style of the partnership; if a corporation, the exact name of the corporation.

(2) If BIDDER is other t han an individual, ident ify here its character, i.e., joint venture, partnership, cor poration, including the state of incor poration. If BIDDER is an individual operat ing under a trade name, state “an individual dba (trade name in full)”.

(3) State on thi s li ne, the address to w hich all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed.

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(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a par tnership or a corporation, each part icipating partnership must sign by a general p artner, and each corporation by an au thorized officer or empl oyee; if a partnership, by a general partner; if a c orporation, by an au thorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partne rs, or the president or secretary of the corporation and their business addresses must be shown below.

____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ___________________________________________________________________________________________________

Note: All name s must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.

BIDDING CONTRACTOR’S LICENSE INFORMATION:

STATE CONTRACTOR’S LIC. CLASS (if any):_________________ # _______________________EXP. DATE:___________ STATE D.I.R. REGISTRATION NO:_______________________________FEDERAL TAX I.D. #________________________

CITY OF VISALIA BUSINESS TA X CERTIFICATE #__________________________________(A City Business Tax Certificate (license) is not required t o submit a bid; however, vendor is re quired to obtain a C ity License prior to commencement of work or if vendor is presently transacting business w ithin th e City o f Visalia, regardless of whether the bus iness address is actua lly located within the City. Co ntact th e bu siness License Division f or clarification of questions at 559-713-4326.

CONTRACTOR’S REFERENCES: The following are the nam es, addresses, and telephone numbers for at least three (3) agencies for which BIDDER has performed work similar in size and scope within the past three (3) years.

REFERENCE 1

NAME OF AGENCY:__________________________________________________CONTACT PERSON:_____________________

AGENCY ADDRESS:_________________________________________________

_____________________________________________________________________ PHONE #:_______________________________

REFERENCE 2

NAME OF AGENCY:__________________________________________________CONTACT PERSON:____________________

AGENCY ADDRESS:_________________________________________________

______________________________________________________________________ PHONE #:_______________________________

REFERENCE 3

NAME OF AGENCY:__________________________________________________CONTACT PERSON:_____________________

AGENCY ADDRESS:_________________________________________________

______________________________________________________________________ PHONE #:_______________________________

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DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.

COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________

ADDRESS:_______________________________________________________TELEPHONE#_______________________________

COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________

ADDRESS:_______________________________________________________TELEPHONE#_______________________________

COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________

ADDRESS:_______________________________________________________TELEPHONE#_______________________________

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Submit with Proposal

EXHIBIT “B-1”

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of e ach contract with the City of Visalia, the BIDDER agrees as follows:

1. The BID DER will not dis criminate against any employee o r ap plicant for employment becau se of race, color, religion, gender, national origin or p olitical affiliation. The BIDDER will take affirmative action to e nsure that applicants are employed, and tha t employees are treated d uring employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limite d to, the following: employm ent upgrading, demotion or transfer, recrui tment or recruitment adve rtising, layoff or termination, rates of pay or other forms of c ompensation, and sele ction for train ing, including appren ticeship.

The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The BIDDER will, in all s olicitations or advertisements for empl oyees, placed by or on behal f o f 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 uni on or representative of work ers with which he has a collective bargaining agreem ent or other con tract or understanding, a notice to be p rovided by the agency co ntracting officer, advising the labor union or the worker s’ representative of the BIDDER’s commi tments under Section 202 of Executive Order 11246 of September 24, 1965 , and sha ll post copies o f t he not ice on conspicuous plac es available to employees and applicants for employment.

4. The BIDDER will comply with all provisions of Executive Order 1124 6 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The BIDDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access t o his books, rec ords and accounts by the contrac ting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of t he BIDDER’s non-compliance with the non -discrimination clauses of this subcontract or with any of su ch r ules, regula tions or orders, this subcontract may be canceled, t erminated or suspende d, in whole, or in part and the BIDDER may be declared ineligible f or further government contracts in accordance with the procedures au thorized in accordance with Exec utive Order 1124 6 of September 2 4, 1965, and such oth er sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The BIDDER will i nclude the provi sions of Paragraphs ( 1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER wi ll take such action with respect to any subcontract or purchase ord er as the contracting agency may direct as a means o f 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 r esult of s uch direction by the contracting agency, t he BIDDER may re quest 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 (if any):

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EXHIBIT “B-2”

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash r ooms, restaurants and o ther eating area s, time clocks, locker rooms and othe r storage or dressing areas, parking lots, drin king fountains, recreation o r entertainment areas, transpor tation, 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 bi d, the BIDDER certifies that it does not and will not maintain or provide for its employees any s egregated facilities at any of i ts establishments, an d that it does not and will not permit its employees to perform their servi ces at any location under its c ontrol where segregated facilities are m aintained. The BIDDER ag rees that a breach of this certi fication is a vi olation of the E qual Opportunity clause in the contract.

3. By submission of the bi d, the BIDDER further agrees that (except where it has obta ined 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:________________________________

Name of Signing Official (Print or Type) :________________________________ Title of Signing Official: _________________________________________Company Seal (if any):

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EXHIBIT “B-3”

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

_________________________, b eing first duly sworn, depose s and says that he or sh e is _________ of __________ the party making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person , partnership, company, association, organi zation, or corporation; that the Bid is genuine and not collusiv e or sham; that the BIDDER has not d irectly or i ndirectly induced or solicited any o ther BIDDER to put in a false or sham Bid, and has not directly o r indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone els e to put in a sham Bid, or that anyone shall refrain from Bi dding; that the BIDDER has not in any manner, di rectly or indirectly, sought by agreement, communication, or conf erence with anyone to fix the Bid price of the BIDDER or any other BIDDER, or to fi x any overhead, profit, or cost element of the Bid price, or of t hat of any oth er BIDDER, or to secure any a dvantage against the public body awarding the contract of anyone interested in the pro posed contract; that a ll statements contained in the Bid are t rue; and, further, that the BIDDER has not, directly or indi rectly, subm itted h is or her B id price or any br eakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and wil l not pay, any fee to any corporation, p artnership, company asso ciation, organization, bid depositor y, or to any member or agent thereof to effectuate a collusive or sham Bid.

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

Company Seal (if any):

State of California
County of ________________________

On this __________ day of _______________before me, ___________________________________________, a Notary Public, personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature __________________________________ (Seal)

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EXHIBIT “B-4”

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

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

I am aware of the provisions of Secti on 3700 of th e Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accord ance 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 (if any):

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EXHIBIT “B-5”

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

By submission of a b id, the BIDD ER certifies it will comply w ith the Americans with Disabilities A ct, 42 U.S.C., 12101 et. seq., and will maintain com pliance througho ut the life of this Co ntract. By commencing performance of the Contract work, t he selected BIDDER certifies t o the Americans with Disabilities Act compliance.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal (if any):

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EXHIBIT “B-6”

The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

OWNERSHIP DISCLOSURE

____________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company

_________________________________________________________________________________________________________ Address

NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES: List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ ______________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, commonly referred to as the “Lev ine Act,” can prohibit members of the City Council of the City of Vis alia from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelv e (12) months following the date a final decision concerning the cont ract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are r esponsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Coun cil Member in the twelve (12) months preceding the date of the submi ssion of your proposals or the antic ipated date of any City Council action related to this contract? YES:_____ NO:_____. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Answering YES to the question above does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contribu tions changes during this time after the award, then the awardee is required to update this disclosure form.
____________________________________________________ _____________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company

__________________________________________ _____________________________ Signature of Authorized Individual Print or Type Name of Authorized Individual

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Submit with Proposal
EXHIBIT “B-7”

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)

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

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY(Authorized Signature)

DATE EXECUTED

PRINTED NAME 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 Aw areness Program as required by Govern ment Co de Sect ion 8355(b), to inform employees about all of the following:

(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 835 5©, that every employee who works on the proposed contract or grant:

(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statemen t as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until _____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all con tracts 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, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, sp ecifically, an d individually provided fo r each contr act or grant between the contractor or grantee and this state agency.

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Submit with Bid
EXHIBIT “B-8”

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)

As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

⃝ The Contractor is not:
(1) Identified on the current list of persons and entiti es engaged in investment activities in Iran prepared by the California Departm ent of General Services in accordance w ith subdivision (b) of Public Contract Code Section 2203; or

(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the curr ent list of persons and entities engaging in investment activities in Iran prepared by the Cal ifornia Department of G eneral Services in accordance with subdivision (b) of Public Contract Code Sec tion 2203, if that person or entity uses or will use the cred it to provide goods or services in the energy sector in Iran.

⃝ The City has exempted the Con tractor from the requirements of the Iran Contracting Act of 2010 after making a pub lic finding that, absent the exemption, the Ci ty 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 Proj ect 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 wit h Public Contract Code Section 2205, false cer tification of this form shall be reported to the California Attorney Ge neral and m ay result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or e ligibility to bid on contracts for three years.

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EXHIBIT “C”
SAMPLE AGREEMENT (do not submit with Bid) STREET SWEEPING SERVICES (City of Visalia Bid No. 22-23-31)

This Agreement, entered into and effective this ________ day of ________________, 2023 [“Effective Date”], by and between the City of Vis alia, he reinafter referred to as the “C ITY”, 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 d esires to enter i nto co ntract for Street Sweep ing Services as evidenced by a dvertising Request for Bids No. 22-23-31, Annual Contract for Street Sweeping Services; and

WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the services described in RFB No. 22-23-31; and

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

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

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 annually thereafter for four (4) consecutive one-year periods. CITY will be presumed to request renewal unless the CITY delivers written notice of non-renewal to the CONTRACTOR, thirty (30) days prior to the renewal date.

If the CONT RACTOR decides not to consent to renewal by the CITY, then CONTRACTOR must provide written notice of non-renewal to the CITY at least ninety (90) days prior to the renewal date.

This Agreement may be terminated for convenience by the CITY, in whole or in part, by giving the CONTRACTOR thirty (30) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of term ination or expiration of this Agreement, CONTRACTOR shall tr ansfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

ATTACHMENTS INCORPORATED:

The following are attachme nts for this Agreemen t. Sai d attachments are incorporated into this Agree ment 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 22-23-31, Annual Contract for Street Sweeping Services Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-31

1. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Servic es in Bid No. 22-23-31, including abiding by the requirements of the City of Visalia Labor Compliance Manu al and regulatio ns of the State of Calif ornia Department of Industrial Relations (DIR).

2. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor monthly as work is completed and invoiced Upon receipt of Contractor’s approved invoice.

3. COMPENSATION:

CITY shall pay CONTRACTOR comp ensation for services as indicated in Paragra ph 4 above; however, CITY shall pay not more than the following amou nt as total compensation u nder this Agreeme nt, un less o therwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursem ent basis for services actually performed, based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

4. CONTRACT PRICE ADJUSTMENTS:

All prices shal l be firm and fixed for twelve ( 12) months from the annual anniversary date of the agreement.

Prices may be adjust ed annually at time of contract renewal and upon mutual agreement of the parties. It will b e the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustm ent must be submitted to the Project Manager at least thirty (30) days (but no sooner than ninet y (90) days) prior to t he annual ann iversary dat e of the agreemen t as spec ified in the G eneral Conditions of RFB 22-23-31.

The unit p rices for the ensuing co ntracts shall be base d on the movement 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 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 shal l the price increase exc eed 5%. The cont ract unit pri ce changes as a result of t his formula shall be binding on the contractor for the subsequent contract ye ar. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR
Dated: ___________________ By:______________________________________________________ Authorized Officer: I certify under penalty of perjury un der the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capaci ty I h ave stated, and that such execution is sufficient to bind t he CONTRACTOR.

CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager

Dated: ____________________ By:______________________________________________________ City Attorney

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Total Compensation: $
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for completed work RFB-22-23-31

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Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager

EXHIBIT “C, Attachment 1”

GENERAL CONTRACT PROVISIONS

A. Successors and Assi gns: This Agreement shall be binding u pon and shal l inure to th e benefit of any successors to or assigns of the parties.

B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in thi s Agreement without the written consent of the other party.

C. Notices: Notice shall be suf ficient hereunder if personally se rved upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

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

D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, s hall act as an independent contractor, and t herefore shall obtai n no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Remov al: This Agr eement shall be a dministered and i nterpreted under the laws of th e State of California. Jurisdict ion of litigation arising from t his Agreement shal l be in California. Any action brought to i nterpret or enforce this Agreement, or any of the t erms or condi tions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waiv es any right to remove any action to a county othe r than Tulare Coun ty as permitted pursuant t o Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreemen t and each of the document s and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or 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 Agreement is found to be in conflict with appli cable laws, such part shall be inopera tive, null and void insofa r as i t is in conflict w ith said law, but the remainder of the Agreement shall be in full force and effect.

H. Indemnification: The C ONTRACTOR w aives any and all claim s and recourse against the CITY, including the right of contribu tion of loss or damage to person or property arising from, growing o ut of, or in any way conne cted with or incidental to the CONTRACT OR’s performance of this Agreement, except claims arising f rom the concurrent or sole negligence of the CITY or its officer s, agents or e mployees.

The CONTRACTOR will indem nify, hold harmles s, and defend (at CITY’s o ption) the CITY against any and all cla ims, demands , damages, co sts, expenses, or liability arisin g out of the CONTRACTOR’s performance of this Agreement except f or liability arising out o f the concurrent or sole negligence of the CITY or its officers, agents, or employees.

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

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

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K. Firearms Prohibited: Guns may not be carried by con tractors/vendors/consultants while working on City of Visalia premises without the ex pressed written approval of a City of Visalia Depart ment Head, o r an exemption in the co ntract. If a contr actor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

L. EXECUTIVE ORDER N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Ec onomic Sanction s” refers t o sanctions i mposed by the U.S. government in re sponse to Russia’s actions in Ukraine , as well as any sanc tions imposed under s tate law. By submittin g a bi d or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a targe t of Economic San ctions or i s con ducting prohibited tr ansactions with sanct ioned individuals or entities, that shall b e grounds for rejection of the Contractor’s bid/proposal any time pri or to contract execution, o r, if deter mined after c ontract execution, shall be grounds for termin ation by the State.

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EXHIBIT “C, Attachment 2”

INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and ex pense, for the full term of this Agreement (and an y extensions t hereof), s hall ob tain and maintai n at a minimum compliance with all of the following insurance coverage (s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insu rance or self -insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insura nce. If CONTRACTOR u tilizes one or more subcontract ors in the performance of this Agreement, CONTRACTOR shall obtain and mainta in independent insurance as to each subcontractor or other wise provide evidence of insura nce coverage for each subcontractor equivalent to that required of CONTRACTOR.

3. Types of I nsurance an d Minimum Limits . The fol lowing types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:

a. Worker’s Compensation written in accordance wit h the l aws of the State of California providing c overage for any and all em ployees of CO NTRACTOR in the minimum st atutorily required coverage amounts;

b. Automobile Liability Insurance for each of CONTRACT OR’s vehicles used in the performance of this Ag reement, including owned, non-owned (e.g. o wned by CONTRACTOR’s employees or con tractors), 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 o r Commerc ial G eneral Liability Insurance coverage in the minimu m 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 in surance coverage required in this Agree ment is provided on a “Cla ims Made” r ather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years aft er the ex piration of this A greement (hereinafter “po st agreemen t coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purcha se of prior acts or tail covera ge. This provision is contingent upon post agre ement coverage being both available and reasonably affordable in relation to the coverage provided during the term of t his Agreement. For purpo ses of interpreting this requirem ent, a cost not exceeding 100% of the last annual policy premium durin g the ter m of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and C omprehensive or Commercial Gene ral Liability Insurance shall be endorsed to contain the following clauses:

a. The City of Vi salia, its officers, agents, employee s, representatives, and volunteers are added as ad ditional insur eds as res pects o perations and ac tivities of, or on behalf of th e named insured, performed under contract with the City of Visalia.

b. It is agreed that any insurance maintained by the City of V isalia 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 , limited in scope or coverage, or non -renewed until after thirty (30) days prior written n otice has b een given to the City Cler k, City of Vi salia, 707 W.

Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees t o provide its insurance broker( s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate( s) of Insurance or other evidence of in surance acceptable to the City of Visalia, which sha ll be provi ded by CONTRACTOR’s insura nce company a s evidence of the stipulat ed coverages. This Proof of Coverage shal l then be mailed to the City of Visalia at the following address:

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

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EXHIBIT “D-1”

STATE PREVAILING WAGES APPLICABLE TO THIS CONTRACT
(Separate Attachment)

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EXHIBIT “D-2”

CITY OF VISALIA LABOR COMPLIANCE MANUAL
(Separate Attachment)

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EXHIBIT “E”

ASSOCIATED VISALIA STREET MAPS AND ROUTES
(Separate Attachments)

Exhibit E-1

Map 1 City of Visalia Map with mileage
Map 1A NE Medians
Map 1B NW Medians
Map 1C SE Medians
Map 1D SW Medians
Map 2 State Routes
Map 3 Downtown Central
Map 4 Downtown East
Map 5 Downtown Alleys
Map 6 Bike Paths and Trails
Map 7 Parking Lots and Downtown Area
Map 7A Plaza Park Rd and Parking Lots
Map 7B Whitendale Park
Map 7C Summers Park
Map 7D Ruiz Park
Map 7E Recreation Park
Map 7F Fairview Park
Map 7G Blain Park
Map 7H St. John’s Park Roadway and Parking Lots
Map 7I Lovers Lane Parking Lot @ St. John’s Parkway
Map 7J Riverway Sports Park
Map 8 Corporation Yard
Map 9 Leaf Route
Map9A-C Leaf Route Magnified
Map 10 Major Intersection
Map 11 Temporary Transfer Sites
Map 12 Parking Structures

Exhibit E-2

Sweeping Schedule with Locations
Attachment A Streets with Medians
Attachment A1 Streets with Roundabouts
Attachment B State Routes
Attachment C Downtown Streets
Attachment D Downtown Alleys
Attachment E Bike Paths
Attachment F1 Parking Lots (weekly)
Attachment F2 Parking Lots (twice monthly)
Attachment F3 Parking Structures (weekly)
Attachment G Transfer Sites
Attachment H Major Intersections

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