PLAYGROUND REPLACEMENTS PROJECT AT VISALIA RIVERWAY SPORTS PARK RFP No. 22-23-33
CCIITTYY OOFF VVIISSAALLIIAA,, CCAA
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PLAYGROUND STRUCTURES REPLACEMENT PROJECT
VISALIA RIVERWAY SPORTS PARK
DDEESSCCRRIIPPTTIIOONN:: The City of V isalia is r equesting proposals from qualified firms to provide the design and installation of n ew playground equip ment and safety ins pection for two playground stru ctures in Riverway Sports Park (a structure for 2-5 year olds, and a structure for 5 -12 year olds) . Interested Proposers must propose on all items in the project for which a proposal is being submitted.
MMAANNDDAATTOORRYY PPRROOPPOOSSEERR CCOONNFFEERREENNCCEE::
Mandatory Conferences: Two mandatory conferences have been scheduled for this project as follows:
Wednesday, June 14, 2023, beginning at 11:00 A.M. and Thursday, June 15, 2023, at 10:00 A.M.
Interested Proposers are required to attend at least one of the mandatory conferences to be considered eli gible to submit a proposal . Each meeting will begin at City of Visalia Council Chambers , 707 W. Acequia Avenue, Visalia, CA. At the conclusion of the meeting, Interested Proposers will have an opportunity to visit project jobsite: Riverway Sports Park P layground, 3611 N. Dinuba Blvd ., Visalia, CA. Transportation wil l be the responsibility of the Contractor.
SSUUBBMMIITTTTAALL DDEEAADDLLIINNEE::
One (1) unbound original and four (4) copies are due no later than: 2:00 p.m. on Friday, June 30, 2023
Address to: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
Addressed from: Proposer’s Name & Mailing Address
Mark envelope: RFP No. 22-23-33
Playground Structures Replacement Project at Visalia Riverway Sports Park
IINNQQUUIIRRIIEESS:: Direct all questions to the Visalia Purchasing D ivision (559) 713-4334. To prevent misinterpr etation, the Purchasing Division prefers that all questions be submitted in writing via email to: [email protected]
PUBLIC WORKS PROJECT:
Notice is hereby given that this is a Public Works Project. In compliance wit h SB854 and Labor Code Section 1725.5, all contractors, and subcon tractors (including Consu ltants and Sub -Consultants) bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
CITY OF VISALIA, CALIFORNIA
REQUEST FOR PROPOSAL (RFP) 22-23-33
PLAYGROUND STRUCTURE REPLACEMENTS PROJECT
VISALIA RIVERWAY SPORTS PARK
SEALED PROPOSALS will be received by the Purchasing Division located at 707 West Acequia, Visalia, CA 93291, until 2:00 P.M., on Friday, June 30, 2023 for Playground Replacement Projects:
This solicitation is being offered as the: Riverway Sports Park Jim Byrd Playground Structures. Interested Proposers must propose on all items for which a proposal is being submitted. Requests for Proposal specifications and contract documents may be obtained by calling the Purchasing Division at (559) 713-4334 or emailing [email protected]
Mandatory Conferences: Mandatory Conferences: Two mandatory conferences have been scheduled for this project as follows:
Wednesday, June 14, 2023, beginning at 11:00 A.M. and Thursday, June 15, 2023, at 10:00 A.M.
Interested Proposers are required to attend at least one of the m andatory conferences to be considered eligible to submit a proposal . Each meeting will begin at City of Visalia Council Chambers , 707 W. Acequia Avenue, Visalia, CA. At the conclusion of the meeting, Interested Proposers will have an opportunity to visit the project jobsite: Riverway Sports Park Playground, 3611 N. Dinuba Blvd., Visalia, CA. Transportation will be the responsibility of the Contractor.
Public Works Contract: Notice is hereby given that this is a Publi c Works Project. In compliance wit h SB854 and Lab or C ode Section 1725.5, all contractors and s ubcontractors (including Consultants and Sub - Consultants) bidding and perform ing work on Pu blic Works Projects must be currently registered with the California Department of Industrial Relations (DIR) and furnish electronic payroll records for new projects to the Labor C ommissioner. Selected Consultant will b e requir ed to furnish the City of Vi salia with their DIR registration number. No contract will be awarded unless that c ontractor and/or subco ntractors are re gistered with the California Department of Industrial Relations (DIR). Proposals submitted by unre gistered contractors or list unregis tered subcontractors will be rejected as non -responsive. Consultant must hold (at minimum) a valid D-34 Contractor’s License.
State Prevailing Wages : Consultant must comply w ith all State Regulations that apply to this co ntract, including payment of Prevailing Wage s as applicable. Pursuant to Sections 1770, e t. seq., of the Californ ia Labor Code, the selected fir m will be required to pay not less than the prevailing wage o f per diem wa ges as determined by the Director of the California Department of Industrial Rela tions. The General Prevailing Wage Rates are available from the California Department of Industrial Relations’ Internet web site:
http://www.dir.ca.gov/dlsr/PWD/index.htm.
The City hereby affirmatively e nsures that Minority Business Enterprises and Disadvantaged Busi ness Enterprises (DBE) will b e afforded full opportunity to submit proposals in r esponse to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not b e discriminated against on the basis of age, race, religion , creed , color , n ational origin, a ncestry, p hysical or mental d isability, medical condition,
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
genetic infor mation, marital status, gender, gender identity or expr ession, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Ne wsom issu ed Executive Order N -6-22 (the EO) regarding Econom ic Sanctions against Russia and Russian entities and individ uals. “Econo mic Sa nctions” refers to s anctions imposed by the 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 Contrac tor is a target of Economic Sa nctions or is cond ucting prohibited transactions 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 dete rmined after contr act execution, shall be grounds for termination by the State.
The right is reserved by the City of Visali a to rej ect any or all prop osals, t o waive any irregularities or informalities not affected by law, to ev aluate the proposals submitted and to awa rd the contract according to the proposal which best serves the interests of said City. Publish Dates: 6/1/23 & 6/6/23
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
TABLE OF CONTENTS
Title Page
I. Definitions .................................................................................................................................. 6 II. Introduction ............................................................................................................................... 6 A. Information ......................................................................................................................... 6 B. Purpose and Objective ........................................................................................................ 6 C. RFP/Agreement Schedule ................................................................................................... 7 III. Scope of Services ........................................................................................................................ 7 A. Required Product ................................................................................................................ 7 B. Services of the Consultant .................................................................................................. 7 C. Consultant Responsibilities ................................................................................................. 8 D. City Responsibilities ............................................................................................................ 9 IV. Proposal Content and Format Requirements .............................................................................. 9 A. General Information ........................................................................................................... 9 B. Proposal Project Approach ............................................................................................... 10 C. Staff Qualifications and Related Experience ..................................................................... 10 D. Proposed Fee Structure and Schedules ............................................................................ 11 E. Conflict of Interest ............................................................................................................ 11 V. Consultant Selection Procedure ................................................................................................ 11 A. Criteria .............................................................................................................................. 12 B. Background Check ............................................................................................................. 12 C. Award of Contract ............................................................................................................. 12 VI. General Conditions ................................................................................................................... 13 A. Important Notice ............................................................................................................... 13 B. Contracting Agency ........................................................................................................... 13 C. Legal Responsibilities (Business Tax, Licenses, Permits) ................................................... 13 D. Insurance ........................................................................................................................... 13 VII. Examination of Contract Requirements and Acceptance of Proposal Content .......................... 15 A. Withdrawal of Proposals ................................................................................................... 15 B. Rejection of Proposals ...................................................................................................... 15 C. Evaluation/Award of Contract .......................................................................................... 16 D. Proposal Pricing Guidelines............................................................................................... 17 E. Assignment of Contract .................................................................................................... 17 F. Right To Require Performance .......................................................................................... 17 G. Ethics in Public Contracting ............................................................................................... 17 H. Equal Employment Opportunity ....................................................................................... 17 I. Venue ................................................................................................................................ 18 J. Proprietary Information .................................................................................................... 18 K. Incurring Costs .................................................................................................................. 18 L. Firearms Prohibited .......................................................................................................... 18 M. Russian Sanctions .............................................................................................................. 18 VIII. Measurement and Payment ..................................................................................................... 19 A. Billing and Payments ......................................................................................................... 19 IX. Special Conditions Applicable to this Public Works Contract .................................................... 19 A. Department of Industrial Relations Requirements ........................................................... 19 B. City of Visalia Labor Compliance Manual .......................................................................... 19 C. Bonds ................................................................................................................................ 20 D. Project Administrative Issues ............................................................................................ 20 Complete Project ....................................................................................................... 20 Quantities/Change Orders ......................................................................................... 20 Omitted Items ............................................................................................................ 20
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
Extra Work ................................................................................................................. 20 Removal of Obstructions ........................................................................................... 21 Clean Up ..................................................................................................................... 21 E. City-Contractor Relations .................................................................................................. 21 Project Manager’s Responsibility and Authority ....................................................... 21 Contractor/Contractor’s Superintendent .................................................................. 21 Project Site/Existing Utilities and Structures ............................................................. 21 Signs, Barricades and Notice ...................................................................................... 21 Labor (workmanship, qualification) ........................................................................... 21 Control of Materials ................................................................................................... 22 Storage of Materials .................................................................................................. 22 Materials and Shop Drawing Submittals .................................................................... 22 Legal Responsibilities ................................................................................................. 22 X. Forms (Must be completed and submitted with Proposal) .................................................. 23-33 Contractor’s Information ...................................................................................................................... 23 Subcontractor Information .............................................................................................................. 23,24 Proposer’s Statement on Previous Contracts Subject to Equal Employment Compliance................... 25 Equal Employment Opportunity Compliance Certificate ..................................................................... 26 Certificate of Non-Segregated Facilities ............................................................................................... 27 Non-Collusion Affidavit ......................................................................................................................... 28 Workers Compensation Insurance Certificate ...................................................................................... 29 Certification of Anti-Kickback Compliance ........................................................................................... 30 Americans with Disabilities Act Compliance ......................................................................................... 31 Ownership Disclosure ........................................................................................................................... 32 Drug-Free Workplace Certificate .......................................................................................................... 33 Iran Contracting Act .............................................................................................................................. 34 Levine Act Statement ........................................................................................................................... 35
Additional Attachments
Sample Contract (Informational only - do not submit with Proposal) Labor Compliance Manual
Sample Contractor’s Affidavit (informational only)
Riverway Sports Park Jim Byrd Playground Site
City of Visalia Labor Compliance Manual
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
II.. DDEEFFIINNIITTIIOONNSS
For the purposes of this RFP NO. 22-23-33, the following terms shall have the meanings indicated:
1. “City” means the City of Visalia
2. “City Council” means the Council of the City of Visalia
3. "Bidder", "Vendor", "Supplier", “Consultant”, “Co ntractor” and “Subrecipient” are used interchangeably throughout this invitati on t o mean the p erson, firm, or corporation or oth er entity submitting a Bid in response to the Request for Bid.
4. “Bid” and “Proposal” are used in terchangeably to mea n an indiv idual’s or entity’s offer in response to this Request for Proposal.
5. “RFP” means Request for Proposal No. 22-23-33.
IIII.. IINNTTRROODDUUCCTTIIOONN
A. Information
The City of V isalia is r equesting proposals from qualified firms to provide the design, i nstallation of ne w playground equipment and safety inspection for one (1) playground structure in Visalia, California. Interested Proposers must propose on all items in the project for which a proposal is being submitted.
Mandatory Conferences: Mandatory Conferences: Two mandatory conferences have been scheduled for this project as follows:
Wednesday, June 14, 2023, beginning at 11:00 A.M. and Thursday, June 15, 2023, at 10:00 A.M.
Interested Proposers are required to attend at least one of the manda tory conferences to be considered eligible to submit a proposal . Each meeting will begin at City of Visalia Council Chambers , 707 W. Ace quia Avenue, Visalia, CA. At the conclusion of the meeting, Interested Proposers will have an opportunity to visit the project jobsite: Riverway Sports Park Playground, 3611 N. Dinuba Blvd., Visalia, CA. Transportation will be the responsibility of the Contractor.
This Request for Proposals is being issued by t he City of Visalia Purchasing Department on behalf of the Parks Maintenance Division. Unless otherwise d irected, all communic ations regarding this R equest for Proposals should be directed to the Purchasing Division at (559) 713 -4334. However, to prevent misinterpretations, the P urchasing Division would pref er that al l questions be sent by email to [email protected].
Any revisions to the Request for Proposals will be issued and distributed as addenda. Proposers a re specifically directed not to contact any other City personnel for meetings, conferences or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for rejection of proposals.
B. Purpose, Objective and Services to be Provided
Visalia is located east of S tate Highway 99 and along State Highway 198. Th e Ci ty’s population is approximately 1 40,000. Its inco rporated area covers approx imately 36 square miles. The purpose of this project contract is t o provide t he City of V isalia with the highest quality playground structure expected by the City’s residents, City Council, City staff, and visitors of the community. The selected firm will work closely with
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
the Project Manager and other City staff to ins ure the mos t durable, playable, and unique playground design for the City of Visalia, its residents and visitors.
C. RFP/Agreement Schedule
Event Date of Event
RFP Available to the public .................................................................................................. 05/30/23 Proposer Conference #1 at 707 W. Acequia Ave. @ 11:00 a.m., ....................................... 06/14/23 Proposer Conference #2 at 707 W. Acequia Ave. @ 10:00 a.m., ...................................... 06/15/23 Deadline for Questions ......................................................................................................... 06/21/23 RFP due at 2:00 pm at 707 W Acequia................................................................................ 06/30/23 Short list established and vendors notified ................................................................................... tbd Interviews/Presentations with short-listed vendors (if required) ................................................... tbd Award of Contract @ City Council Meeting ................................................................................... tbd Contract Begins ........................................................................... upon contract being fully executed
Italicized items and dates are at the City’s o ption. The City reserves the right to award contract solely on t he basis of proposal content.
IIIIII.. SSCCOOPPEE OOFF SSEERRVVIICCEESS
A. Required Products
Riverway Sports Park Jim Byrd Playgrounds Structure Replacement Work is to include the design and installation of two playgrounds:
• Design of a playground for ages 2 to 5 years and a playground for ages 5 to 12 years (age- appropriate play systems) within the constructed play area boundaries, with minimal to no alterations to existing concrete curbs, equipment footings, landing mats. • A minimum of twelve (12) inches of wood fiber fall zone material. • Installation of all playground equipment.
• Certified safety inspection of completed playground structure. This project will be the final turnkey step in completing the overall Riverway Sports Park Jim Byrd Playground Replacement Project.
Playground Suppliers shall submit a maximum of (2) two designs per age-appropriate playground.
The City of Visalia requires Suppliers to desig n a play system that meets or exceeds all current federal CPSC, ASTM, IPEMA standards and ADA requiremen ts. The p roposals shall include the cost of deliver ed play systems as d esigned, inclusive o f the equipment structures, com ponents, hardware, details te chnical installation instructions and maintenance & operations manuals from manufacturer.
The City of Visalia shall be exempt from any liability for costs incurred by unsuccessful Proposers/Suppliers in preparation of the proposal.
B. Services of the Consultant
The City o f Vi salia will req uire the consultant to perform the ta sks detailed below and in the Introductory Section so that the contract will be completed by the end of the sixty (60) day contract period for the Project.
Awarded Consultant will be required to obtai n from the City ’s Building Services Division (315 E. Ac equia Avenue, Visalia), a Visalia Building Permit for the awarded proje cts. The City of Visalia will pay for the cost of the building permit, however it is the Awarded Consultant’s responsibility to obtain it.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
Awarded Consultant is required to obtain a City of Visalia Business Tax permit from our Business Tax Division, located at 707 W. Acequia Avenue. The cost of business tax permit is the Awarded Consultant’s responsibility.
For more information, call 559-713-4326.
This is a public works contract and therefore, the Awarded Consultant will be responsible for paying State of California prevailing wages for any trade performed that has a designated wage rate. The wages are set forth in the General Prevailing Wage Rates available from the California Department of Industr ial Relations’ Internet web site: http://www.dir.ca.gov/dlsr/PWD/index.htm.
Further, the Awarded Consultant will be responsible for uploading certified payroll to the L abor Commissioner and provide the City of Visalia project manager with Contractor’s affidavit that labor codes were followed, and prevailing wage ra tes were paid. The affidavit must be submitted to the City Proj ect M anager prio r to f inal payment. A sample Contractor’s Affidavit is at tached to the Sample Contract included with this RFP (see pg. 43).
Consultant shall follow the requirements of the City of Visalia Labor Compliance Manual (which is made a part of this RFP and subsequent contract/s).
C. Consultant Responsibilities
DESIGN ELEMENT GUIDELINES & PLAY SYSTEM SPECIFICATIONS
Suppliers should base their playground equipment designs on meeting all accessibility and safety standards as well as the guidelines & specifications listed in this RFP. Quality of equipment components, quality of design, play value, cost and appropriateness to location and target demographic must be taken into consideration and stay within budget in the design, demo, and construction and inspection of the play system. The budget for the playground replacement project (which includes both play structures) is $300,000.
Riverway Sports Park Jim Byrd 2 to 5 Playground Dimensions for Fall Surface: 152’ x 111’ Approximate Perimeter
Required Items:
1. All play system elements must meet and/or exceed all federal, CPSC, ASTM & IPEMA guidelines.
2. Play system must include engineered wood fiber surfacing at a minimum depth of (12) twelve inches over the entire play area.
3. Play system must include wear mats for all equipment as appropriate.
4. Playground Safety Inspection performed by a Certified Playground Inspector to ensure playground is in compliance with all safety requirements.
Play System Features in Priority Order:
5. Provide a minimum of one structure designed for age 2 to 5.
Preferred Play System Qualities:
6. All play system elements must demonstrate the highest level of durability in materials and finishes selected in consideration of child health and safety.
7. Structures should provide a variety of built-in activity panels and climbers.
8. Play system shall use forest green, tan and chocolate brown as primary colors.
9. Maximum shade coverage designed into structure, or a free-standing shade structure.
Riverway Sports Park Jim Byrd 5 to 12 Playground Dimensions for Fall Surface: 152’ x 111’ Approximate Perimeter.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
Required Items:
1. All play system elements must meet and/or exceed all federal, CPSC, ASTM & IPEMA guidelines.
2. Play system must include engineered wood fiber surfacing at a minimum depth of (12) twelve inches over the entire play area.
3. Play system must include wear mats for all equipment as appropriate.
4. Playground Safety Inspection performed by a Certified Playground Inspector to ensure playground is in compliance with all safety requirements.
Play System Features in Priority Order:
5. Provide a minimum of one structure designed for age 5 to 12.
Preferred Play System Qualities:
6. All play system elements must demonstrate the highest level of durability in materials and finishes selected in consideration of child health and safety.
7. Structures should provide a variety of built-in activity panels and climbers.
8. Play system shall use forest green, tan and chocolate brown as primary colors.
9. Maximum shade coverage designed into structure, or a free-standing shade structure.
In the proposal, provide a list of the components proposed for the Riverway Sports Park Jim Byrd play system.
Include structure and co mponent model numbers, materials, color choices and recom mendations, protective area requirements, target age ranges and development levels, target play type or activity, estimated lifetime of equipment including manufactures warranty and any other relevant descriptive information.
Play system design shall safely fit in the playground area as shown on the site plans (Attached). Suppliers are encouraged to be creative in the ir designs and to ma ximize the role of unstructured play in their proposals.
Suppliers may submit propos als f rom n on-traditional type play ground structu res, if desir ed, in whole or as components of the overall playground.
D. City Responsibilities
• Compensate the consultant as provided in the contract agreement. • Provide a "City Representative" who will represent t he City and who will work with the consultant in carrying out the provisions of the RFP.
• Examine documents submi tted to the C ity by the Cons ultant and timel y render decisions pertainin g thereto.
• Give reasonably prompt consideration to all matters submitte d by the Consultant for ap proval to the end that there will be no substantial delays in the Consultant's program of work. • City will pay for t he co st of the City Building Permit, but the Awarded Consultant is r esponsible for obtaining the permit from the City’s Buildings Division.
IIVV.. PPRROOPPOOSSAALL CCOONNTTEENNTT AANNDD FFOORRMMAATT RREEQQUUIIRREEMMEENNTTSS
The following are proposal requirements. Respondents are requested to organize their proposal i nto sections with tabs corresponding to the listed selection criteria as follows. You must answer the following questions in the same s equence as below. A screening committee will e valuate the completeness of th e response to the RFP.
A. General Information
• Cover letter referencing Firm name, address, telephone number and email address.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
• Account Representative or other person to contact for clarification of any item contained in the proposal.
Include telephone number, fax number and email address if different from above. • Personnel of the Proposer’s Firm must be identified in the proposal with their background and the firm must give assurances of continuity of its personnel. A contact person needs to be identified. • Specify type of or ganization (in dividual, partnership, or co rporation) and if applicable indicate wh ether you are:
a. Small Business.
b. Disadvantaged Business.
c. Minority and/or Women-Owned Business.
• Complete and submit the required forms on pages 23-35.
• Provide surety information for all sureties – General and Aut omobile Liability, Professional Liability E/O and Worker’s Compensation.
• References and Referrals
B. Proposed Program Approach
Summarize your approach and understanding of the project and any special considerations of which the City of Visalia should be aware. Indicate clearly, the levels of participation you will expect f rom City of Visalia staff in the fulfillment of the contract.
Exceptions to the requirements of the RFP should be clearly delineated in this section.
In addition, you are invited to include a maximum of two (2) pages of information not included, nor requested in this RFP, if you feel it may be useful and applicable to this project.
The info rmation in this sectio n will a id t he City in the refine ment of the sc ope of work dur ing contract negotiations.
C. Staff Qualifications and Related Experience
1. Staff Qualifications and Experience
This section shoul d demonstrate the qualifications o f all profe ssional personnel to b e assign ed to t his project by pr oviding resume s/experience su mmaries describing their education, credentials, r elated experience and their proposed roles for this contract. Note: Consultant may not substitute any member of the project team without prior written approval of the City.
If your firm intends to subcontract any of the services required under this RFP it should be dis cussed in this section. Detailed information for each subcontractor must be provided on the Subcontractor List (see pg. 23-24). Note: No work may be subcontracted, nor assigned, without prior written approval of the City of Visalia.
2. Related Experience
Include descriptive information concerning the experience of th e firm. Include information about previous projects that might be com parable, including the size an d type of projects and t he s cope of services provided. These projects must de monstrate that the consultant has experience in designing systems with multi use functions effectively blended into neigh borhood design. In addition, provide references for the three (3) most comparable projects for which your f irm has provided, or current ly is providing, s imilar services in the past three years.
List the projects in reverse chronological order and provide the following information for each project:
Indicate for each of these projects:
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
• Name of project or playground
• Project location (address)
• Brief description (type of construction, functional components, special design considerations) • Name of owner/entity
• Name of owner's contact person and telephone number (co ntact person, who, at the time of RFP submittal, will be employed by the owner)
• Your firm's specific involvement (i.e., engineer, construction contractor, etc.) • The Total contract amount awarded vs the Final Contract amount at end of project. • Status of completion
D. Proposed Fee Structure and Schedules
A Proposed Fee Structure and Schedule shall be provided as a part of the RFP submittal. One (1) original Fee Structure and Schedule are required, no additional copies are needed.
Provide proposed f ees, cost information, and recommend a b udget plan for al l services to be pr ovided in the following format:
1. Proposers should review the requirements of this RFP and address all services in this fee schedule that might reasonably be e xpected to support each project. I ndicate how the City wil l be invoiced for services, i.e., un it or hourly costs. This information s hould be detailed and broken down for Project A and Project B, type of service and units of work or other applicable measure (for example, staff hours at a certain rate). Proposers s hould endeavor to provide a comp rehensive, fee schedule for each Project being proposed, as the City will not include compensation in the contract for items not addressed.
• Include a total cost to provide services , based on the c onsultant’s fee schedule an d the scope of wor k as outlined in t his RFP for each playground struc ture proposed. This cost will be used as a basis for negotiations.
• Clearly identify all costs for Tasks related t o the project for wh ich a proposal is be ing submitted.
• Clearly ident ify all trades to be performed and the corresponding State of Cal ifornia prevailing wage det erminations for same. The Awarded Contractor will be responsible for uploading certifi ed payroll to the Labor Commissioner and provide the City of Visalia project manager with an affidavi t that labor codes and prevailing wage rat es were paid. The affidavit must be submitted to the City Project Manager prior to final payment.
2. The fee proposal, along with th e proposed project approach, will be used as a basis for any contract negotiations. The actual scope of serv ices and fees included in the cont ract may be negotiated and may vary to satisfy the City’s actual needs.
E. Conflict of Interest
• Disclose any finan cial, business, or other relationship with the City or any member of the City staff that may have an impact on the outcome of the project.
• List current clients who may have a financial interest in the outcome of the project.
VV.. CCOONNSSUULLTTAANNTT SSEELLEECCTTIIOONN PPRROOCCEEDDUURREE
Selection of the successful proposal shall be generally based on the information provided by the Vendors in response to the Request for Proposals and any subsequent interviews that may be conducted. Consultant
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
interviews will be held solely at the option and discretion of the City of Visalia. The process for selection shall occur in the following sequence:
a. Review Proposals
b. Establish a “short list” of three or more firms
c. Interview “short-listed” firms (at the option and discretion of the City) d. Identify best qualified firm
e. Award contract
A project Selection Committee, as deemed necess ary, will be formed to eval uate the proposals and to make recommendations to the Visalia C ity Council . This committe e may consist of representative s of the user department, members of the community, members of the Council and the Administrative Services Department, and may include a representative knowledgeable in playground systems from outs ide of the co mmunity.
Composition and creation of this comm ittee, should one be formed, is at the sole discretion of the City. Names of the Committee members, should one be formed, will not be released prior to the time for interviews.
The Committee will review the pr oposals for for mat to ensure conformance with the requirements of the RFP and may select finalists to interview with the Committee as a part of the Commit tee's evaluation process. The City does not guarantee that an i nterview will take place, thus reserving the right to select a contractor based solely on the information provided in the proposals received in response to the RFP. Should an interview take place, the key personnel responsible for fulfilling the requirements of the project shall be required to be present for the interview.
A. Criteria and Evaluation Points
The Committee will address t he following c riteria in evaluation of proposals in order to g auge the ability of a contractor to perform the contract as specified. Th e same genera l criteria will be used to judge both t he proposal and the presentation, should the City choose to conduct interviews with short-listed firms.
Criteria Points
1. ADA, ASTM, IPEMA & CPAC compliance Yes/No
2. Proposal addresses design guidelines and specifications, including a list of proposed subcontractors and trades to be performed 0 - 25
3. Quality of design, play value and target demographic 0 - 20
4. Quality and durability of equipment 0 - 20
5. Uniqueness of Equipment 0 - 15
6. Reputation and reliability of manufacturer 0 - 10
7. Overall quality of Proposal 0 - 10
Maximum Points: 100
Prior to t he award of contract, the City must be assured that the proposer selected has all of the resou rces required to successfully perform under the contract. This includes, but is not limited to, personnel with the skills required, equipment/mater ials and financ ial resource s sufficient to pr ovide services c alled for under t his contract. If, during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contract, if awarded, the City has the option of requesting from the proposer, any information that the City deems necessary to determine the proposer’s capabilities. If such information is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.
B. Background Check
The City reserves the right to co nduct a background inquiry of each proposer whic h may include the collectio n of appropriate criminal history i nformation, contractual and business associati ons and practices, employment histories and reputation in the busi ness community. B y submitting a pr oposal to the Cit y, the proposer consents to suc h an inquiry and agrees to make av ailable to the City such boo ks and re cords as the Ci ty deems necessary to conduct the inquiry.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
C. Award of Contract
The successful firm will be required to execute a contract with the City of Visalia. A Draft Agreement has been included in this RFP to alert proposers to the provisions generally found in City contracts. The Draft Agreement may be altered from the enc losed form at t he discretion of the City and without notice to consultant prior to award of contract. The City does not guarantee that th e Final Agreement will duplicate the enclosed Draft Agreement.
VVII.. GGEENNEERRAALL CCOONNDDIITTIIOONNSS
A. Important Notice
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that a ny statements mad e that materially change an y portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whe reby interpretation, clarification, or additional information can be given. If an y addenda are issued to this Request for Proposals, the City w ill attempt to notify all prospective vendors who have secured same. However, it will be the responsibility of ea ch vendor, prior to submitting th eir proposa l, to con tact the Purchasing Division , located at 707 W. Ace quia, Visalia, CA 93291, (559) 713-4334 to determine if addenda were issued and to make all such addendum a part of the proposal (Proposer must sign all addenda and submit with proposal).
B. Contracting Agency
The contract resulting from this Request for Propo sals will be administered by the City of Vis alia Community Services Department and the Visalia Purchasing Division.
C. Legal Responsibilities
It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this projec t. This includes, but is n ot limited to, compli ance with Uniform Building, Plumbing, Mechanical, Electric, a nd Fire Codes. Contractor s hall pro vide a safe working env ironment in compliance with the Occupational Safety and Health Act, and California Health and Safety Code.
Contractor shall secure all necessar y per mits, lice nses, and similar re quirements to carry out the project.
Contractor shall comply with all applicable labor laws and ensure against discrimination.
1. Business Tax Certificate
Possession of a City of Visalia Business Tax Certificate is not required to submit a proposal in response to this invitation or if your business is located outside of cit y limits. However, Contractor shall be required to posses s, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work if located inside ci ty limits. Fee is based o n gross receipts for all business transa ctions in the City of Visalia.
For additional information, contact the City of Visalia at (559) 713-4326.
2. Professional License
Consultant is to be licens ed in accordan ce with t he Cali fornia Bu siness and P rofessions Code and is to possess current professional registration and be licensed to perform work in the State of California.
3. Permits
Consultant shall be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issue d by any federal, state or local governmental agency, pertai ning to, and necessary for providing the ser vices required in this Req uest for Propo sals. However, the City of Visalia will pay the cost of the Buil ding Permit, but the Awarded Contractor must obtain the permit from the City of Vi salia Building s Division.
D. Insurance
Indemnification and Insurance
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
As respects acts, errors, or omissions in t he performance of services, VENDOR agrees to indemnify and hold harmless CITY, its ele cted and appoi nted off icers, employees, and CITY designate d volunteers from a nd against any and all claims, demands, losses, d efense costs, liability or consequential da mages arising directly out of Vendor’s negligent acts, errors or omissions in t he performance of his/ her services under the terms of this Agreement; except to the extent those arise out of the negligence of CITY.
CITY agrees to indemn ify and hold harmless VENDOR, its officers, employees, a nd d esignated volunteers from and against any and all losses, defense costs, liability or consequential damages to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.
As respects all acts or omissions which do not arise directly out of the performance of services, i ncluding but not limited to those acts or om issions normally co vered by general and a utomobile liability insuran ce, VENDOR agrees to i ndemnify, defend (at CITY’s option), and hold harmless C ITY, its elected and appointed officers, agents, employees, repres entatives, and volunteers from and against a ny and all claims, demands, defense costs , liability, or consequenti al damages of any kind or nature arising ou t of or in connection with Vendor’s (or Vendor’s subcontractors, i f any) performance or failure to pe rform, u nder th e terms of this Agreement; except to the extent those which arise out of the negligence of CITY.
Without limiting CITY ’s right to indemnifi cation, it is agreed that VENDOR shall secure prior to commencing any activities under this Agreement, and ma intain during the term of this Agree ment, insurance cov erage as follows:
• Workers’ Compensation insurance as required by California statutes.
• Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) p er occurrence. Such insuranc e shall include cov erage fo r P remises and Operations, Contractual Li ability, Personal Inju ry Liability, Product s and C ompleted Operations Liabilit y, B road Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).
• Professional Liability insura nce cove rage, in an am ount not less than One Million Dollars ($1,000,000).
• Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage fo r owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in sco pe or coverage, or non-renewed until after thirty (30) days prior writt en no tice has been given to the City of Visa lia, Purchasing Division , 707 W . Ac equia, Vis alia, CA 93291, with the exception of cancellation for non-payment of premium, in which case ten (10) days’ notice shall be given”
In ad dition, the Commercia l general liability polic y required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visa lia shall apply in excess of and not contribute with insurance provided by this policy.”
“The City o f Visalia, its officers, age nts, employees, representa tives and volunteers are added as additional insured as respects operation s and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.”
The s uccessful bidd er shall m aintain the insura nce for the life of the co ntract. Endorsements are to be received and approved by the City before w ork commences. Should Consultant cease to have insurance as required during any time , all wo rk by Consultant pursuant to this a greement s hall cease until i nsurance acceptable to the City is provided.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
In addition to any other remedies CITY may have if CON SULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
1. Obtain such insur ance and deduct and retain the amount of the premiums for such insurance f rom any sums due under the Agreement; or
2. Order CONSULTANT to stop work under this Ag reement and/or withhold any payment(s) which become due to CONSULTANT he reunder until CONSULTANT demonstrates compliance with th e r equirements hereof; or
3. Terminate this Agreement.
VVIIII.. EEXXAAMMIINNAATTIIOONN OOFF CCOONNTTRRAACCTT RREEQQUUIIRREEMMEENNTTSS AANNDD AACCCCEEPPTTAANNCCEE
OOFF PPRROOPPOOSSAALL CCOONNTTEENNTT
Before su bmitting a proposal, proposer s mus t satisfy themselves by personal examination of the pr oposal requirements and other contract documents, and by any other means as they may believe necessary, as to the actual conditions, requirem ents, and difficul ties unde r which the work must be performed and to v erify an y representations made by the City of Visalia, upon which the offeror will rely.
The submiss ion of a propos al shall be considered conclusi ve evidence that the proposer has caref ully investigated all conditions that affect, or may at some future date affect, the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the proposal. Submission of a proposal shall also be evidence that the proposer is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work.
No proposer shall at any time after submission of a propo sal make any claim or assertion that there was any misunderstanding or lack of information regarding the natu re or amount of work necess ary for satisfactory performance under the contrac t. If the proposer receives an award as a result of this Request for P roposals, failure to have m ade such investigations and examin ations wi ll in no way relieve the proposer from its obligations to comply i n every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such cond itions and require ments be accepted as a basis for claim what soever by the proposer for additional compensati on. Any errors, omissions, or discrepancies found in the speci fications or other contract documents shall be called to the attention of the City an d clarified prior to the su bmission of proposals.
Should the proposer feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the proposal.
The contents of the proposal of the su ccessful proposer shall become contractual obligations if procurement action ensues. Failur e to a ccept these obligatio ns in a contractual a greement shall result in canc ellation of award.
A. Withdrawal of Proposals
Any proposal may be withdr awn a t any time pri or to th e time fixed in the public notice f or the re ceipt o f proposals, only by written req uest for the withdrawal of the proposal filed with the Purchas ing Division. T he request shall be executed b y the proposer or his duly authorized r epresentative. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposa l. No proposal may be withd rawn after the time fixed in the public notice for the receipt of proposals.
B. Rejection of Proposals
The City of Visali a reserves the right to reject any or all proposals; to waive a ny requirements, both the City's and those propo sed by the vendor; to waive any ir regularities o r informalitie s in any propos al or the RFP process when it is in the best interest of the City to do so; to negotiate for the modification of any proposal with
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
mutual c onsent of the proposer; to re -advertise for proposals, if desired; to sit and act as sol e judge of the merit and qual ifications of the service off ered and; to evaluate in its absolute d iscretion, the propo sal of each vendor, so as to select the ven dor which best serves the requirements of the Ci ty, thus insuring that the best interest of the City will be s erved. Proposer’s past p erformance and the C ity's assurance that each proposer will provide service as proposal, will be taken into consideration when proposals are being evaluated.
The City may make such investigation a s it deems necessary to determine t he ability of a proposer to furnish the required services, and the proposer will fu rnish to the City all such information and data for this purpos e as the City m ay request. The City reserves the right to reject any propos al if t he evidence su bmitted by, or investigation of, such proposer fails to sa tisfy the City that such proposer is pr operly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the proposal of any propos er who has previously failed to per form properly, or comple te on time, contract s of a similar nature. Any material misrepresentation or ma terial falsification of information provide d to the City i n the proposer’s proposal submission, or at any point in the proposal evaluation process, including any interv iew conducted, is grounds for rejection of the proposal. In the even t that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agree ment may be terminated at t hat time. A determination as to whe ther a misrepresentation or falsification of the proposal submission is material sh all be made solely in the exercise of the City’s sound discreti on. The City expressly reserves the right to rej ect the proposal of any pro poser who is in default on the payment of taxes, licenses or other moneys due to the City of Visalia.
C. Evaluation/Award of Contract
Evaluation an d s election of proposals will be base d on th e information called for in this RFP. Bro chures or other promotional presentations beyon d that suffici ent to submit a complete and effective propo sal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.
Proposals will be evaluated by a Selectio n Committee. The City reser ves the right to mak e the selection of a proposer based on any or all factors of value, whether quantitatively identi fiable or not, includ ing, b ut not limited to, the anticipated initiative and ability of the proposer to perform the services set forth herein.
The award, if made, will be m ade within ninety (90) days from proposal closing date. Proposer agrees and so stipulates in submitting this proposal, as though stated therein, and in any subsequent award of contract that:
1. Proposer is an independent contractor, not an employee, agent or officer of the City.
2. Contract, should it be awarded , shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.
3. Should proposer be awarde d c ontract, proposer shall not assign contract, or any par t thereof, or an y moneys due or to become due thereunder, without prior consent of the City.
4. Proposer shall indemnify and hold harm less the City, its off icers, officials, employ ees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the proposer, its consultants, subcontractor, anyone directly or indirectly employed by any of them, or anyone for who se acts any of them may be liable, except where cau sed b y the ac tive negligence, sole negligence, or willful misconduct by the City.
5. Proposer shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrig hted composition, secret proces s, patented or unpatented invention, article or appliance furnished or used in connection with the contract.
6. Proposer warrants tha t no g ratuities, in the form of gifts, entertainme nt, or otherwise, were offered or given by the proposer, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with resp ect to any determination con cerning the performance of the contract. For breac h or violation of this warranty, the City sh all have the right to terminate the contract either in who le or in part. T he rights and remedies of the City provided in this clause shall no t be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
D. Proposal Pricing Guidelines
Proposer shall provide proposed fees and cost information as a part of this Request for Proposals. Proposed fees shall be submitted under separate, sealed cover.
E. Assignment of Contract
No assignment by the vendor of the contract or a ny part hereof, or of funds to be received there under, will be binding upon the City unless such assign ment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet or transferred.
The failure of the City at any time to require perfo rmance by the proposer of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such p rovision or as a waive r of any provision itself.
F. Right to Require Performance
The failure of the City at any time to require performance by the proposer of any provisions hereof shall in n o way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be t aken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.
G. Ethics in Public Contracting
Each proposer, by submitting a proposal, certif ies that it is not a pa rty to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, t he proposer certifies that i ts proposal was made without fraud; that it has not offered or received any kickba cks or inducements from any other proposer in connection with the request for proposal ; and that it has not conferr ed on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than n ominal value. The proposer further certifies that no relationship exists be tween itself and the City or another person or organization that interferes with fair competition or constitut es a conflict of intere st with respect to a contract with the City of Visalia.
Prior to the award of any contract, the potential Consultant may b e r equired to certify in wri ting to the Purchasing Division that no relationship exists between the proposer and any City employee, o fficer, official or agent that interferes with f air competition or is a conflict of interest with respect to a contract wit h the City of Visalia.
More than one propo sal from an individual, firm, par tnership, corporation or associati on under the same or different names may be rejected. Reasonable ground s for believing that a proposer has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the proposer is believed to have an interest.
H. Equal Employment Opportunity
During the performance of the contract, proposer agrees to the following:
1. Proposer shall comply with all the r equirements, when applicable , of the Califo rnia Fair Employment Practice Com mission and provisions of, when ap plicable, all Federal, S tate of California, County of Tulare and City of Visalia laws and ordinances related to employment practices.
2. Proposer shall not discriminate against any employee o r applicant for employment on the basis of race, religion, color, gender, age, handicap, national origin or ancestry, except when such a condition is a bona fide occupational qualifi cation reasonably necessary for the n ormal o perations of th e proposer. The proposer agrees to post in consp icuous places, visible to the empl oyees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP No. 22-23-33
3. Proposer, in all solicitations or adv ertisements for employees, p laced by, or on behalf of the proposer, shall state that proposer is an Equal Opportunity Employer.
I. Venue
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the St ate of California. Venue for any litigation arising out of the contract will be vested in Tulare County, California.
J. Proprietary Information
The proposals received shall become th e property of the City of Visalia and are su bject to public disclosure.
Proposal prices and information submitted by proposers will be made available to proposers after City Council has approved award of contract. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the pr oposer as business or trade secrets, as that term is defined in California Governm ent Code, Section 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall only be disclosed to the public if s uch disclosure is required o r permitted und er the California Public Records Ac t or otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of th eir proposal as exempt from disclosure may be deemed non - responsive.
K. Incurring Costs
The City of Visalia is not liable for any cost incurred by proposers in responding to this Request for Proposals.
L. Firearms Prohibited
Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises wit hout the expr essed written a pproval of a Ci ty of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
M. Executive Order N-6-22 – Russia Sanctions
Russia Sancti ons On Marc h 4, 2022, Governor Gavin New som issued Executi ve Order N -6-22 (the EO) regarding Economic Sancti ons agai nst Russia and Russian entitie s and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state l aw. The EO directs state agencies to terminate contracts with, and to refra in from entering any new contracts with, individuals or entiti es that are determined to be a targ et of Economi c Sanctions. Accordingly, should the Sta te d etermine Contr actor is a ta rget of Economic Sanctions or is conducting prohibited transactions with sa nctioned individuals or entities, that shall be grounds for te rmination of this agree ment. The St ate shall pro vide Contra ctor advance written notice o f su ch termination , a llowing Contractor at least 30 calendar days to provide a written response. Terminati on shall be at the sole discretion of the State.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
VVIIIIII.. MMEEAASSUURREEMMEENNTT AANNDD PPAAYYMMEENNTT AA.. Billing and Payments
Awarded Vendor is fully re sponsible for assuring that all services arising from the agreement are billed at the correct and applicable contract prices. The vendor is required to establish and m aintain a process to monitor its billing practices and will refund all over-charges that may occur.
In connection with an y cash discount offered , time w ill be computed from the d ate of co mplete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check.
The City of Visalia shall withhold retention in the amount of 5% of invoiced amount for completed work. Retention shall be held until 35 days after the filing of a Notice of Completion.
IIXX.. SSPPEECCIIAALL CCOONNDDIITTIIOONNSS AAPPPPLLIICCAABBLLEE TTOO TTHHIISS PPUUBBLLIICC WWOORRKKSS
CCOONNTTRRAACCTT
A. Department of Industrial Relations Requirements and
Public Works Contractor Registration Program and Project Labor Agreements
Notice is hereby given that this is a Public Works Project. All contractors and subcontractors (including Consultants and Sub-Consultants) bidding and performing work on Public Works Projects must: (1) Be currently registered with the California Department of Industrial Relations (DIR), and (2) Furnish electronic payroll rec ords for new projects to the Labor Commissioner.
No contract will be awa rded unless that contractor and/or subc ontractors a re regi stered with the Californ ia Department of I ndustrial Relations ( DIR). Bids submitted by unregiste red contractors or list unregi stered subcontractors will be rejected as non-responsive.
A contractor or subcontractor shall not be qual ified to bid on, be listed in a bid proposal, subject to the requirements of Section 41 04 o f the Public Contract Code or engage in the performance of any contract for public wor k, as defined in this chapter, unless currently registered and qualified to per form public 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 Bu siness and Professions Code or by Section 10164 or 20103.5 of the Public Contra ct Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
If a project labor agreement (the term “pr oject labor agreement” is defined in Public Contract Code 2500(b)(1) as a pre-hire collective barg aining agreement that es tablishes terms an d cond itions of employment for a specific construction project or pro jects and is an agreement described in Section 158(f) of Title 29 of the Un ited States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.
B. City of Visalia Labor Compliance Manual
Consultant shall fulfill requirements of Department of Industrial Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into his RFP and subsequent contract as an attachment and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
C. Required Bonds
Awarded Consultant shall be required to submit a Performance Bond in the amount of one hundred pe rcent (100%) of the agreeme nt, as surety condition for the full, complete and faithful performance of the agreement . In addition, Awarded Consultant shall be required to furnish a Labor and Materials Bond in the amount of one hundr ed percent (100%) of the agreement if subcontractors are proposed to be used to complete this project.
According to City standards the surety company must be eithe r a Cal ifornia A dmitted Surety O R current Trea sury Listed Surety (Federal Register) to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.
D. Project Administrative Issues
1. Complete Project
The successful consu ltant shall be respons ible for providing all ma terials, labor, equipment, and services necessary to fulfill the requirements of this RFP. It is the intent of this RFP and related agreement to describe a functionally complete project.
2. Quantities/Change Orders
The City rese rves an d sha ll have the right to make such changes to the work as may be nec essary a nd desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes, in the work as may incr ease or decrease the originally aw arded co ntract quan tities and/or t otal c ontract cost. Th e Con tract Price, or the amount due the Contractor will only be reduced/increased aft er the price change is reviewed and authorized by the City of Visalia Change Order Committee.
Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor sha ll submit a writt en protest to the Engineer wi thin 15 days after the receipt of the appr oved contra ct change order and t he procedures ou tlined i n Section 4 -1.03 of the Standard Specifications apply.
If a requested change order is sent back to the Contractor for revisions, the Contractor has 15 (fifteen) calendar days to resubmit.
Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the alter ed work had been a part of the original contract. These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by th e City. Change orders for altered work shall include extensions of contract time whe re, in the Project Manager’s opinion, s uch extensions are commensurate with the amount and difficulty of added work.
Excessive altered work shall be covered by supplemental agreement that is subject to funding agency approval as applicable. If the City an d the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.
3. Omitted Items
Project Manager is authorize d to omit mi nor contract items. Major ite ms m ust be omitted by supplemental agreement.
4. Extra Work
Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done. Th e Project Manager should obtain authorization from the Change Order Commi ttee before agreeing to extra work requested by the C ontractor. In t he instances where it is necessary for the work to be done immediately, the Project Manager may authorize the w ork prior to taking the additions t o the C hange Order Commi ttee. Payment for the approved Extra Work shall be as ag reed to in writing by the Project Manager prior to the E xtra Work being completed or the Change Order Committee shall approve an increase in a Change Order issued after the Extra W ork is completed. No ad ditional payment i s due for unauthorized Extra Work.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
If the Proje ct Manager auth orizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work b eing completed, th en Contractor shall su bmit to the Project Mana ger the documentation required for a Change Order wi thin for ty-five (45 ) days of compl eting the Extra Work. The Project Manager will submit a Change Order request for review and approval by t he Ch ange Order Committee. If the Contractor does not submit any documentation within that time period, the Project Manager may move forward with issuing a Change Order to adjust the contract price.
5. Removal of Obstructions
Contractor shall remove and dispose of all structures, debris or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced.
6. Clean Up
Prior to acceptance and final payment, Contractor shall cle an up the site of work, and any areas occ upied by Contractor in connection with the project.
E. City-Contractor Relations
1. Project Manager’s Responsibility and Authority
City will designate a Project Manager. All work shall be done under the genera l supervision of such Project Manager or his or her designee(s). Th e Project Manager shall decide issues of quality and acceptability of materials, work p erformance, rate of pr ogress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.
2. Contractor/Contractor’s Superintendent.
Contractor shall bear all re sponsibility for, and have all control o ver, the c onstruction means , methods, techniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent.
3. Project Site/Existing Utilities and Structures
(a) Contractor shall take care to avoid, but shall be res ponsible for , all damage to existing structures, including, but not li mited to: temporary or permanent fencing, sewers, water service, drains and culverts, underground utilities and the like.
(b) USA Notification. Contractor shall notify underground ser vice alert (“USA) of t imes and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures. ii. If damage occurs to an unknown utility, Contractor shall repair the utility. iii. Contractor shall not m ake connection to or draw water from any hydrant or pipeline withou t first obtaining permission to do so.
4. Signs, Barricades, and Notice
Contractor must provide and maintain proper bar ricades, fences, signa l li ghts, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements.
5. Labor
(a) Workmanship. Workmanship shall be equal to the best general practice of modern-day fabrication shops and good construction practice.
(b) Qualification. Contractor shal l ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
6. Control of Materials
(a) Source of Supply and Quality of Materi als Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Mater ials which become unfit for use shall not be used for the project.
(b) Equivalent Materials. Trade names or manufac turer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every re spect to those specified. The burden of proof of compliance with the sp ecifications is the responsibility of Contractor.
City shall be the sole judge as to the adequacy of any item for substitution.
(c) Manufacturer’s Directions. Manufactured articles, materials and equipme nt shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.
7. Storage of Materials
Materials shal l be stored to e nsure the preservation of their quality and fitness for the p roject. Contractor assumes full responsibility for ensuring that the project and materials are protected until pr oject is completed.
Any cost for storage of materials is the responsibility of the Contractor.
8. Materials and Shop Drawing Submittals
If applicable, Contractor shall submit to Project Manager for approval, two (2) co pies of the materials list and detailed dimensional shop drawing s covering all Contractor -furnished items of equipment. Prio r approval by Project Manage r is required. S uch approval s hall not relieve the Contractor from the r esponsibility of deviation from the Contract u nless Contractor has, in writing, called to the attention of the Project Manag er such deviations.
9. Legal Responsibilities
It is the responsibility of Contractor to comply with all local, state and federal laws and regulations whi ch apply to this project. This includes, but is not limited to , complia nce with Uniform Building, Plumbin g, Mechanical, Electric, and Fire Codes. The Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act , and California Health and Safety Codes. Additionall y, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project.
Contractor shall comply with all applicable labor laws and ensure against discrimination.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
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REQUIRED INFORMATION
PROPOSING AGENCY NAME:__________________________
STATE CONTRACTOR’S LIC. CLASS:___________________ # _____________________________ EXP. DATE:___________
STATE D.I.R. REGISTRATION #_______________________________ FEDERAL TAX I.D. #______________________________________
CITY OF VISALIA BUSINESS TAX CERTIFICATE #__________________________________ (A City Business Tax Certific ate (license) is not require d to submit a bid; however, vendor is required to obtain a City Licen se prior to commencement of work or if vendor is presently transacting business within the City of Visalia, regardless of whether the business address is actua lly located within the City. Contact the business License Division for clarif ication of questions at 559- 713-4326.
SUBCONTRACTOR LISTING
The Proposer hereby designates below for the project, opposite v arious portions of the work, t he names, and locations of the pl aces of business of each subcontractor who will perform work or labor in an amount in ex cess of one-half of one percent (1/2 of 1 %) of the of the total bid. A ll w ork not listed below shall be p erformed by the undersigned BI DDER. It is understood that the BIDDER, if awarde d the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the approval of the Project Manager.
SUBCONTRACTOR INFORAMTION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)
1. Subcontractor Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
2. Subcontractor Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
DIR Registration # Drywall Finisher Millwrights
3. Subcontractor Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
4. Subcontractor
Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
5. Subcontractor
Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
If this page is not needed, please line through and submit with proposal.
If more space is needed to list additional subcontractor s and trade classifications, please l ist r emaining subcontractors on a separate sheet of paper (pr oviding all of the requested information fo r each subcontractor) and submit with Proposal.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
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PROPOSER’S STATEMENT ON PREVIOUS CONTRACTS
SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11426)
The BIDDER shall complete the following statement by checking the appropriate blanks:
The BIDDER has_____ has not _____ participated in a previous contract subject to the Equal Employment Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, 1965.
The BIDDER has _____ has not _____ subm itted all compliance reports in conne ction w ith any such contract d ue under the appli cable filing requirements ; and those representations indicating su bmission of required compliance reports signed by proposed subBIDDERs will be awarded prior to award of subcontracts.
If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable fi ling requirements, the BIDDER shall submit a compliance report on Standard Form 100, “Employee Information Report EEO-I” prior to award of the contract.
Note: Failure to complete the blanks may be grounds for rejecting the bid.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal (if any) :
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
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EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by ru les, regulations or orders of the Secretary of Labor issued pursuant t o Executive Orders 10925, 11114 or Sectio n 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:
1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gend er, na tional origin or politic al a ffiliation. The BIDDER will tak e affirmative action to ensure that applicants are employed, and that employees are treated during employ ment, without regard to th eir race, color, religion, gender, nation al or igin or polit ical a ffiliation. Such action shall include, b ut not be limited t o, the following: employment up grading, demotion or transfer, recruitment or recruitment advertising, lay off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
2. The BID DER wil l, in all solicit ations or adverti sements for employe es, placed by or on behalf of t he BIDDER, state that all qual ified applicants will receive consideration for employment without reg ard to race, color, religion, gender, national origin or political affiliation.
3. The B IDDER will send t o each labor union or representative of workers wi th which he has a collective bargaining agreement or other contract or und erstanding, a notice to be provided by the agency contracting officer, advising the l abor u nion or the workers’ rep resentative of th e BIDDER’s commitme nts under Section 202 of Executive Order 11246 of September 2 4, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.
4. The BIDDER will comply with all p rovisions of Exec utive Order 11246 o f September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.
5. The BIDDER will furnish all i nformation and reports required by Executive Order 11246 of September 24, 1965, and by th e rules, regulati ons and relevant or ders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the BID DER’s non-compliance with the non-discrimination clauses of this subcontra ct or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for fur ther government contracts in a ccordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies i nvoked as provide d in Executive Orde r 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.
7. The BID DER will include t he provi sions of Paragr aphs (1) through ( 7) in every subcontract or pur chase order unless exempted by rules , regulations or orders of the Secretary of Labor issued purs uant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. Th e BIDDER will tak e such action wit h respect to any su bcontract or purchase order as the contracting agency may dir ect a s a means of enforcing such provisions including sanctions for no n-compliance. Pro vided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the Un ited States to enter into such litigation to protect the interest of the United States.
Company Name:____________________________ Business Address:_________________________________________ Signature: _______________________________________Date:____________
Name & Title of Signing Official (Print or Type):_____________________________ _____________________ Name Title
Company Seal (if any):
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
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CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/PROPOSERS and SUBCONTRACTORS)
1. “Segregated facilities,” as used in thi s provision, means any waiting rooms, work areas, rest rooms and wash r ooms, restaurants and other eating a reas, time c locks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or enter tainment area s, transportat ion, and housing facilities provided for employees, that are segregated by explicit directive or are in fac t segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.
2. By the submiss ion of a bid, the BIDDER certifies th at it does not and will not maintain or provide for its employees any segregated facilities at a ny of its establish ments, and that it does not an d will not permit its employees to perform their services at any location under its cont rol where segregated fa cilities are maint ained. The BIDDE R agrees that a b reach of this cer tification is a violation o f the Equal Opportunity clause in the contract.
3. By submission of the bid, the BIDDER further agrees that ( except where it has obtaine d 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 TO 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):
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
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NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
_________________________, being first duly sworn, deposes and say s tha t h e or she i s ____ _____ of __________ the party making the foregoing Bid; that the Bid is not made in th e interest of, or on behalf of, any undisclosed person, partnership, company, association, organiz ation, or corporation; th at the Bid is genuine a nd no t collusive o r sham; that the BIDDER has no t di rectly or indirectly induced or solicited any other BIDDER to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the BIDDER has not in any manner, directly or i ndirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of t he BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advantage ag ainst the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid are true; and, further, that the BIDDER has not, directly or i ndirectly, submitted his or her Bid price or any breakdown the reof, or the contents thereof, or d ivulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: __________________________________ Company Seal (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)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
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WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
I am aware of the prov isions of Section 3700 of the Labor Code which requires every employer to be insured against liab ility for workers’ compensatio n or to undertake self -insurance in acco rdance with the provisions of that code, and I w ill comply with such pr ovisions before commencing the performance of the work under this contract.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal (if any):
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
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CERTIFICATION OF ANTI-KICKBACK COMPLIANCE
(48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. § 8741; and 40 U.S.C. (c))
By submission of a Bid, the BIDDER certifies that n either it nor any of its employee s has performed or participated in any pr ohibited actions, as defined i n th at provision, relating to the aw ard of the Contract. By commen cing performance of the Contra ct work, the selected BIDDE R certifies to Anti - Kickback Compliance.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal (if any):
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
Submit with Proposal
AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the B IDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and w ill maintain compliance throughout the life of this Contract. By commencing pe rformance of the Contract work, the selec ted BIDDER certifies to the Ame ricans wit h Disabilities Act compliance.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal (if any):
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
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CITY OF VISALIA, CA
Ownership Disclosure for Contractors and Consultants
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:
Firm Name: _________________________________________________________ Firm Address: _________________________________________________________
List the name s of all principals, p artners, and/or trustees. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
Submitted by: Name __________________________________________________________ Date __________________________________________________________
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
Submit with Proposal
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.
CONTRACTOR/BIDDER FIRM NAME
FEDERAL ID NUMBER
BY(Authorized Signature)
DATE EXECUTED
PRINTED NAME OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)
( )
TITLE OF PERSON SIGNING
PROPOSING 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 contr olled substance is prohibited and specifying acti ons to be taken agains t employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug -Free Aware ness Program as required by Gover nment Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required b y Government Code Section 8355©, that every employee who works on th e proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.
4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency wit hout 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, mea ning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
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IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by C alifornia Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checke d b elow r elating to the Contractor’s statu s in regard to the I ran Contracting A ct of 2 010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current lis t of persons and en tities engaging in investmen t activities in Iran prepar ed by the California Department of Gen eral Serv ices in ac cordance wit h subdivision (b) of Public Contract Code Section 2 203, if that person o r entity uses or will use the credit to provide goods or services in the energy sector in Iran.
⃝ The City has exempted the Contractor from the requirements of t he Iran Contracting Act of 2010 afte r making a public finding that, absen t the exemption, the City will be unable to obtain the goods a nd/or services to be provided pursuant to the Contract.
⃝ The amount of the Contract payable to the Co ntractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).
Signature:____________________________________ Printed Name:_________________________
Title:______________________________________ Agency Name:_____________________________
Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be rep orted to the California Attorney General and ma y result in civil penalties equal to the greater of $250,000 or tw ice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
Submit with Proposal
CALIFORNIA LEVINE ACT STATEMENT
California Gov ernment Code Section 84308, commonly referred to as the “Levine Act,” can prohibit members of the City Council of the City of Visalia from participating in any action related to a contract if he or she receives any political contributions totaling more tha n $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract 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 responsible 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, mad e any political contributions of more than $25 0 to a Visalia Cit y Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated 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 contributions changes during th is time after the award, then the awardee is required to update this disclosure form.
________________________________________________ __________ Signature of Authorized Individual Date
_________________________________________________
Printed or Typed Name of Authorized Individual
_________________________________________________
Print or Type Name of Company
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
PLAYGROUND STRUCTURES REPLACEMENT PROJECT
(VISALIA RIVERWAY SPORTS PARK - JIM BYRD PLAYGROUND)
(City of Visalia RFP No 22-23-33)
This Agreement, entered in to and effective this ______ day of _______, 2023, by and between the City of Visalia, hereinafter referred to as the “C ITY”, and _____________ _______________ hereinaf ter r eferred to as the “VENDOR”, “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, VENDOR is an ____ ________________ (insert individual or entity typ e) with a primary business address of ____________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and
WHEREAS, CITY desires Playground Repl acement Services at Riverway Sports Park (Jim Byrd Playground) as evidenced by RFP No. 22-23-33, Playground Replacements Project; and
WHEREAS, City of Visalia reviewed and evaluated responses to t he Proposal and determined to award a contract to VENDOR for the Playground Replacements Project at Riverway Sports Park Jim Byrd Playground and
WHEREAS, VENDOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement,
NOW, THEREFORE, CITY and VENDOR agree as follows:
1. TERM:
The term of this Agreement shall c ommence on the Effective Date and expire upon completion of all obligations of the parties, unless e arlier terminated by the parties. The indemnification and defense prov isions shall su rvive expiration and termination. S uspension or termination of this A greement may occur if CONTRACTOR materially fails to comply with any term of the award. Ad ditionally, this Agreement may be terminated for convenience. In the event of t ermination or e xpiration of this Agreemen t, CONTRACTOR shall transfer to CITY any fun ds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attac hments for this Agreement. Said attachments are incorporated in to this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFP 22-23-33, Playground Replacement Project (name/location of playground identified here)
Attachment 4 Vendor’s proposal in response to RFP No. 22-23-33 Attachment 5 Project Cost and Schedule of Fees for Professional Services Attachment 6 City of Visalia Labor Compliance Manual
3. VENDOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide the following services for the stated compensation (“Scope of Services”):
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
A. The CONTRACTOR agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described as Scope of Services in RFP-22-23-33, for the cost identified in Attachment 5 of this Agreement.
B. Additional Services: Incidental work relate d to the PROJECT and not described in RFP-22-23-33, may be needed d uring the performanc e of t his Agreem ent. The CONTRACTOR agrees to provide any a nd al l additional s ervices a t the rates identified in Attachment 2 - Schedule of Fees for Professional Service s.
Such additional services shall not be performed by CONTRACTOR without the written c onsent of CITY’s CHANGE ORDER COMMITTEE.
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor
5. COMPENSATION:
CITY shall pa y CONTRACTOR compensation for services requested; however, CITY shall pay not more th an the following amount under this Agreement, unless oth erwise agreed in writing. Such sum shall be expended and paid by CITY on a rei mbursement basis for services actual ly performed based o n the monthly report and simi lar documents presented by CONTRACTOR to CITY.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
VENDOR
Dated: ________________ By:______________________________________________________ Authorized Officer: I c ertify under p enalty of perju ry under the laws of the State of C alifornia th at I am ful ly authorize d to execute this Agreement for VENDOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
Dated: _________________ By:______________________________________________________ City Manager
Dated: _________________ By:______________________________________________________ City Attorney
Dated: _________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: _________________ By:______________________________________________________ City of Visalia Project Manager
Cost $ (insert Council Awarded Amount)
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from receipt of approved invoice for completed w ork, less 5% retention until 35 days after work is completed and accepted by CITY as evidenced by the recordation of a Notice of Completion*
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agree ment shall be b inding upon and shall inure to the benefi t of any successors to or assigns of the parties.
B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their righ ts and duties in t his Agreement without the written consent of the other party.
C. Notices: Notice shall be sufficient hereunder if personally served upon the C ity Clerk of the CITY or an officer or principal of the CONTRACTOR, or if s ent via the United Sta tes Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA ______________________________
707 W. Acequia Ave. ______________________________
Visalia, CA 93291 ______________________________
Attention: City Clerk Attention: ____________________
D. Independent Contractor: It is underst ood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent c ontractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of t he State of California. Jurisdiction of litigation arising from this Agree ment shall be in Calif ornia.
Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare Count y, California. Th e CONTRACTOR hereby expr essly wa ives any right to remove any action to a co unty o ther than Tulare County as permitt ed pursua nt to Section 3 94 of the California Code of Civil Procedure.
F. Integration/Modification: Th is Ag reement and each o f t he documents an d exhibits or attachment s referenced herein, which are incorporated by refe rence, represents the entire understanding of the parties as to those matters contained herein. No prior oral or writte n understanding shall be of any force or ef fect 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 par t of this Agreement is found to be in confl ict with applicable laws, such part shall be inope rative, null and void insofar as it is in c onflict with said law, but th e remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or prope rty arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agr eement, except claims arising from the conc urrent or sole neg ligence of the CITY or i ts offic ers, agents or employees. The CONTRACTOR will indemnify, hold ha rmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurren t or sole negligence of the CITY or its officers, agents, or employees.
I. Guarantees and Warranties:
1. IN GENERAL: Al l guarantees and war ranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.
2. ONE YEAR GUARANTEE: Besides guarant ees required elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.
3. WARRANTIES: Warranties required by this Agreement shall commence on the date of acceptance of the work by CITY, unless otherwise provided in a Certificate of Substantial Completion.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
CONTRACTOR warrants that the materials and equipment furnished under the Agre ement will be new and of recent manufacturer unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with t he Agreement. Wo rk that does n ot conform may be co nsidered defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal we ar and tear under normal usage.
CONTRACTOR warrants that title to all work covered b y an application for payment will pass to the CITY either by incorporati on i n the construct ion or up on the receipt of payment by the CO NTRACTOR, whichever occurs first, free and clear of all liens.
CONTRACTOR warrants and guarantees that title to all work , materials, and equipment covered by any application for payment, wheth er incorporated in the project or not, will pass to CITY no lat er than the time of payment free and clear of all liens.
No materials or supplies for the project shall be purchased by the CONTRACTOR or SUBCONTRACTOR subject to any mortgage or under a condi tion of sale contra ct or oth er agreement by which an interest i s retained by the seller. CONTRACTOR warrants that it has good title to all materials and supplies used by it in the project, free from all liens.
CONTRACTOR shall indemnify and hold CITY h armless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workers, mec hanics, material persons, and furnishers of machinery and parts thereof, equipment, p ower tools, and all supplies, incurred in furtherance of the performance of this Agreement. CONTRACTOR shall, at CITY’s request, furni sh satisfactory evidence that all ob ligations of the nature here an d above designated h ave been paid, discharged, or waiv ed. If CONTRACTOR fails to do so, then CITY may, after having served wr itten notice on the CONTRACTOR, either pay directly unpaid bills, of which the CITY has written not ice, or withhold from the CONTR ACTOR’s unpaid compe nsation a sum of money deemed reas onably sufficient to pay any and all such lawful claims until satisfacto ry evidence is furn ished tha t a ll liabilities have been fully d ischarged where upon payment to the CONTRACTOR shall be resumed, in accordance of the t erms of this Agreement, but in no event shall the provisions of this sentence be construed to impose any o bligations on the C ITY to ei ther the CONTRACTOR or its surety. In paying any unpaid bills of the C ONTRACTOR, the CITY shall be deemed the agent of th e CONTRACTOR and any payment so ma de by the CITY shall be considered as payment made under the contract by the CITY to the CO NTRACTOR and the CITY shall not be liable to the CONTRACTOR for any such payments made in good faith.
Any defective work that is e ither corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.
J. Attorney’s Fees: In the eve nt either party commence s any action, arbitration or legal proceedings for the enforcement of thi s Agreement, the prevail ing party, as deter mined by the court or arbitra tor, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
K. Headings: Section headings are p rovided for organizatio nal purpos es only and do not in an y manner affect the scope or intent of the provisions thereunder.
L. Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
M. Executive Order N-6-22 – Russia S anctions On Mar ch 4, 2022, Governor Gavin News om i ssued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russia n entities and individuals. “E conomic Sanctions” r efers to sanctions i mposed by the U .S. government in r esponse to Russia’s actio ns in Ukrai ne, as well as any s anctions im posed under sta te law. The EO dire cts state agencies to terminate contracts with, and to refra in fro m enter ing any new cont racts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions o r is conducting prohibited transaction s with sa nctioned
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
individuals or entit ies, that sh all be grounds for t ermination of t his agreement. The State shal l provide Contractor advan ce written notice of such termination, allowin g Contracto r at lea st 30 calenda r day s t o provide a written response. Termination shall be at the sole discretion of the State.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
Attachment 2
INSURANCE REQUIREMENTS
1. Contractor Insurance. CONTRACTOR, at its so le cost and expen se, for the full term of this Agreement (and any extens ions thereof), shall obtain and maintain at a minimum compliance with all of the foll owing insurance coverage(s) and requirements. Such insurance cov erage shall be primary coverage as respects CITY an d any insurance or self -insurance maintai ned by CITY sh all be in excess of CONTRACTOR’ s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement , CONT RACTOR shall obtain and maintain in dependent insu rance as to each subcontractor or other wise provide ev idence of insurance coverage fo r each subcontractor equiva lent to that required of CONTRACTOR.
3. Types o f Insurance and Minimum Li mits. The follow ing ty pes of insurance and mi nimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in acc ordance with th e laws of the State of California providing coverage for any and all emplo yees o f CONTRACTOR in the min imum statuto rily required coverage amounts;
b. Automobile Liability Insurance for each of C ONTRACTOR’s vehicles u sed in the performance of t his Agreement, including owned, non -owned (e.g . owned by CONTRACTOR’s em ployees or contra ctors), leased or hired vehic les, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Professional Liabi lity Insurance coverage, in an am ount not less than One Million Dollars ($1,000,000).
d. Comprehensive or Com mercial General Liabili ty Insurance coverage in the minimum amount o f $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance co verage r equired i n this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to m aintain the required coverage for a period of three (3) years after the expiration of this A greement (herei nafter “post agreement coverage ”) and a ny extensions thereof.
CONTRACTOR may maintain the required post agreem ent coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage bei ng both availab le a nd reasonably affordable in relation to the coverage provided during the te rm of this Agreement. For purpo ses of interpreting this requirement, a cost not exceeding 100% of the la st annual policy premium during the term of this Agreemen t in order to p urchase prior acts or tail cove rage for post agr eement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liab ility Insurance shall be endorsed t o contain the following clauses:
a. The City o f Visalia, its officers, agents, employees, representatives, and volunte ers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
b. It is agree d th at any insurance maintained by the City of V isalia shall ap ply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limite d in s cope or coverage, or non -renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Aceq uia, Visalia, CA, 93291.
6. Proof of Coverage.
CONTRACTOR agrees to pr ovide its insurance broker(s) with a full copy of these insurance prov isions and provide CITY on or before the effective date of this Agr eement with Certificate(s) of Insurance for all required coverages. Copies of al l the required Endorsements shall be a ttached to the Certificate(s) of I nsurance or other evidence of insura nce acceptable to the City of Visali a, which shall be provided by C ONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proo f of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia Purchasing Division
707 W. Acequia
Visalia, CA 93291
PLAYGROUND REPLACEMENTS PROJECT AT RIVERWAY SPORTS PARK RFP NO. 22-23-33
SAMPLE CONTRACTOR AFFIDAVIT
I, declare under penalty of perjury
(Affidavit’s Name)
under the laws of the State of California and the provisions of the California Labor Code §1771,
§1773.1, §1775, §1776, §1777.5, §1813 and §1815 that:
1. I am the of and I
(Officer, Owner, Partner) (Company)
am responsible for the payment of persons employed by
(Company)
who performed work on the City of Visalia Project entitled:
2. During all payroll periods from through ,
(first work date) (last work date)
All persons employed by on this project
(Company)
have at all times been paid, at a minimum, the specified general prevailing rate of
per diem wages and any amounts due.
3. During all payroll periods on this project, all apprenticeship requirements have been
complied with.
Executed and sworn to this day of ,
(Day) (Month) (Year)
___________________________________ __________________ (Signature) (Date)