Agenda packet — Visalia City Council, December 4, 2023 (part 2 of 2)

TABLE OF CONTENTS

I. DEFINITIONS ................................................................................................. 3

II. INTRODUCTION ............................................................................................. 3

III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS ........................ 3

IV. INSTRUCTIONS .............................................................................................. 7

V. SCOPE OF SERVICES/PROJECT .................................................................... 7

VI. PRE-BID AND PRECONSTRUCTION MEETINGS .............................................. 12

VII. BID OPENING AND CONFIDENTIALITY .......................................................... 12

VIII. AWARD ......................................................................................................... 12

IX. PROTESTS/APPEALS .................................................................................... 13

X. SPECIAL CONDITIONS .................................................................................. 13

XI. GENERAL CONDITIONS ................................................................................. 16

XII. POST AWARD RESPONSIBILITIES ................................................................. 19

EXHIBITS

A. BID FORM

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

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Bidder’s Statement on Previous Contracts Subject to EEO Clauses B-2. Equal Employment Opportunity Compliance Certificate B-3. Certificate of Non-segregated Facilities
B-4. Non-Collusion Affidavit
B-5. Worker’s Compensation Insurance Certificate
B-6. Americans with Disabilities Act Compliance Certificate B-7. Disclosure Statement
B-8. Drug-Free Workplace
B-9. Iran Contracting Act Certification

C. SAMPLE ANNUAL CONTRACT WITH ATTACHMENTS
ATTACHMENT 1 – General Contract Provisions
ATTACHMENT 2 – Insurance Requirements

D. SEPARATE ATTACHMENTS
D-1. CITY OF VISALIA LIST OF HOLIDAYS
D-2. STATE OF CALIFORNIA PREVAILING WAGES
D-3. CITY OF VISALIA LABOR COMPLIANCE MANUAL

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I. DEFINITIONS

For the purposes of RFB No. 22-23-71, 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", "Ven dor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” ar e used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

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

5. “RFB” means Request for Bid No. 22-23-71.

II. INTRODUCTION

The City of Visalia Purchasing Division is soliciting Bids for an annual contract for on-call emergency electrical repairs for Visalia’s street lights. The successful bidder shall be responsible for providing all services necessary to fulfill the requirements o f this Invitation to Bid upon execution of a contract and receipt of the City’s Notice to Proceed.

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

License Requirements: A Class A, General Engineering or a combination of Class C Licenses will be required for this project.

Use of Subcontractors: Bid may include subcontractors and should clearly delineate the responsibilities of each of those participants w ithin your bid. However, the City will recognize the party legally signing the Bid Proposal as prime contractor and contacting party, who, as such, will assume ultimate responsibility for ensuring compliance with the specifications , terms and conditions o f the Invitatio n to Bid. The Contractor shall perform work equaling at least fifty -one percent (51 %) of the value of the origin al total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators.

Public Works Repair Contract: Under the requirements of Labor Code section 1782 passed by SB7 and in compliance with City of Visalia Ordinance 201 4-13, this public works repair contract is subject to State prevailing wages as specified in the specifi cations. See Section II I for additiona l Department of Industrial Relations Requirements applicable to this project.

Encroachment Permit/Traffic Contro l: The Awarded Contractor will be provided with the necessary encroachment permit to perform services for this agreement. Permitting process will be discussed with Awarded Contractor.

III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works C ontractor Registration Program and Project Labor Agreements

Notice is hereby given that work performed under this contract is subject to DIR m onitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR) and must register on an ann ual basis with the Calif ornia Department of Industrial Relations (DIR) and Furnish electronic payroll records to the Labor Commissioner.

No contract wil l be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors shall be rejected.
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A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contra ct Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform pub lic work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid tha t is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time t he contract is awarded.

If a project l abor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire colle ctive bargaining agreement that establishes terms and conditions of employment for a specific construc tion project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxp ayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requiremen ts are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). Th is RFB document becomes a part of the p ublic works contract for this project and therefore, the CLC contract language requirements are incorporated into t he contract.

❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be curren tly registered and quali fied to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or per form any pub lic work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.

❑ As set forth in CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

❑ The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3 -year period to begin on the date a Notice of Completion is filed fo r the project. Please re fer to the rete ntion period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.

❑ In accordance with CLC section 1773.2, the co ntractor is required, by the City of Visalia , to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classificat ion, or type of worker needed to execute the contract at each job site.

❑ In accordance with labor code section 1776 and it s e nforcement (177 1.4(a)(3)), for initial contracts awarded on or after April 1, 2015, each project contractor and subcontractor shall;

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

o Make available or provide a certified copy of these payroll records and their supporting documentatio n within 10 days to all authorized part ies upon written request and be subject to penalties for non -compliance as detailed in labor code section 1776.
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o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.

❑ The City of Visalia will comply with any prevailing wa ge m onitoring and enforcement activities required by the labor compliance programs of the Department o f Industrial Relations i ncluding the wi thholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as dir ected by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any am ount withheld will be re leased as direc ted by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial revie w in accordance with CLC section 1742(f).

❑ As set forth in labor code section 1775(b), the following s ubcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:

o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a sub contractor for the perfo rmance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.

o As set forth i n CLC section 1 776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi -weekly, a certified copy o f each weekly payroll as specified in section 1776 containing a statement of compliance with labor cod e sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.

o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment o f the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall dil igently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

o As set forth in CLC section 1775(b)(4), prior to making final pa yment to the subcontractor for work per formed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from t he subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wag es to his or her employe es on the publi c works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

❑ In accordanc e with CLC section 1777. 5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an appli cable apprenticeship program that can supply apprentices to the site of the public work.

❑ Only apprent ices, as defined in CLC section 3077, i n training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to w ritten apprentice agreements under CLC section 3070 -3098 may be employed at the apprentice wage rate on public works.

❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number o f apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship st andards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
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❑ The prime contrac tor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).

❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:

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

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

o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the c ontractor shall take corrective action, including , but not limited to, retaining funds due to the subc ontractor for work perfo rmed on the public works project until the failure is corrected.

o Prior to making a final payment to the subcontractor for work p erformed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcon tractor that th e subcontractor has employed the required number of apprentices on the public works project.

❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sectio ns 1771 (prevailing wage ) and 1777.5 (a pprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

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

❑ As set fo rth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtim e work in the locality in which the pub lic work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all app renticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.

10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests fo r bid proposals for upda tes and issue a n addendum to notify interested bidders of any changes. General prevailing wage determinations made by the Director of Industrial Relations for journeyman and apprentices may be found at:

http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp (State Wages)

For RFB 22-23-71 the subsequent contract is an annua l renewable con tract with a potential of 5 years maximum and will involve multiple projects annuall y. T he awarded Contractor will be responsible for paying the current prevailing wage rates as of the date that work is performed.

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IV. INSTRUCTIONS

1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.

2. Cross out and initial mistakes in ink and place the correct response next to same.

3. Timely submit Bid in a sealed envelope addressed and marked as follows:

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

From: Bidders Name & Mailing Address

Marked: Annual Contract fo r On-Call Electrical Services for Street Light Repairs
RFB No. 22-23-71

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

5. Inquiries: Instructions to Ve ndor, Specifications and Bid Forms may be inspected and obtained by visiting our web site at www.visaliapurchasing.org or by calling (559) 713-4334. However, to prevent misinterpretati ons, the Purchasing Division would prefer that all questions be sent by email to [email protected].

Questions regarding this RFB must be received by 4:00 p.m. on Wednesday, November 1, 2023.

V. SCOPE OF SERVICES/PROJECT

LOCATION OF THE WORK
All work is to be performed on existing City owned street lights located within the City of Visalia, California at the request of the City of Visalia.

PROPOSED WORK
The contract work consists of all necessary labor, material, transportation services and equipment, to perform street light repair on an emergency basis per these contract specifications on City owned street lights within the city limits. The traffic control system shall be in accordance with City Standard at all times. All the work performed shall be in compliance with the City of Visalia’s Engineering Standard Speci fications, Construction Specifications, Engineering De sign & Improvement Standards, Landscape Standard Specifications, and Landscape Standards Plans, and Caltrans Standard Plans & Specifications , which may be found by visiting the City we bsite https://www.visalia.city/depts/community_development/engineering/engineering_documents.asp .

GUARANTEE
The Contractor sh all guarantee all work and the materials for a period of one (1) year after completion of repairs.

CERTIFIED TECHNICIAN
License Requirements: No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions C ode and has a current Class A, General Engineering or a combination of Cla ss C licenses to perform all aspects for project work. See Section III for additional Department of Industrial Relations Requirements applicable to this project.

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ON CALL SERVICE
• The Contracto r shall provide 24 -hour on call service, including Saturdays , Sundays, and holidays, to provide emergency electrical services for the City’s street lights. • Emergency callouts shall be responded to within one hour of being noti fied. Failure to respond within the minimum response time will result in a $100 penalty for each 30 -minute period or portion of a 30 -minute period after the initial one-hour time has elapsed from initial notification. Emergency callouts will be determin ed by t he d esignated City representative at such time. Emergency callouts shall include but are not limited to the installation and/or r epair of electrical service pedestals , damaged or knocked down str eet lights, safely securing electrical wires, or oth er services required to create safe conditions.

The City will provide and maintain temporary traffic control for the site after the emerg ency electrical services have been provided. The contractor is re sponsible to supply their own traffic control for th e contra ctors’ work. The cont ractor shall coordinate with a City representative prior to the removal or continuation of any traffic contr ol measures necessary, as related to the emergency electrical services provided by the contractor. • The designated City representatives are:

Traffic Safety Engineer
Public Works Manager, Streets/Traffic Maintenance
Streets and Traffic Safety Supervisor
Senior Traffic Signal Technician / Traffic Signal Technician Director of Public Works
City Manager or Assistant City Manager
• The Contractor shall respond to the site of the work for all minor repairs withi n 2 working days when said minor repairs are due to an emergency situation. • Minor repairs shall include but n ot be limited to the installation and/or replacement o f; trenching, installing conduit, pulling electrical wire, installing pull boxes, and ot her repairs as directed by the City of Visalia.
• The Contractor shall provide th e City with the name, address, tel ephone number, cellular number, and other contact info rmation of at least two (2) p ersons who will be available for emergency repair of the st reet lights and notify the City of any changes to the contact information within two (2) business days. If the co ntractor uses an answering service/dispatch service, that contact information shall be provided.

PROSECUTION OF WORK
• When equipment failures and/or dam age to existing equipment occur due to unforeseen events such as knock -downs, accidents, power irregula rities, etc.; TIME IS OF THE ESSENCE in arriving at the scene and taking corrective measures. • This City estimates an average of 12 incidents per year under this contract. • The Contractor shall prosecute the work in the following manner:
o The Contractor sha ll at all times maintain a force of qualified personne l sufficient to perform the work required and described herein. The force of qualified workmen shall be sufficient to respond to emergen cy calls which may be received at any time and to promptly make temporary and/or permanent repairs.
o The Contractor sh all furnish transportation for its employees and equipment used in the performance of th is Contract . All vehicles shall be licensed in t he State of California and equipped with warning light(s) which can be clearly seen from a distance of no less than 500’. All vehicles shall be cle arly marked with the name of the company. All permanent letter ing shall be a minimum of 2”. All vehicles u sed by the Contractor shall conform to all applicable federal, state, and local laws. o Patrol and superviso ry vehicles opera ted by the C ontractor in connection with the Contract shall be equipped with two -way rad io or cellu lar telephone as a means of expediting and maintaining 24 -hour communications with the Contractor’s headquarters and field crews.
o The Contractor shall designate in writing representatives in his organization to whom instructions may be given b y the City. One of these representatives sha ll be available at all times to the City for consultation at no added expense. The Contractor shall furnish the names, add resses, telephone, pager and cellular numbers of its representatives to the City.
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o Any re pair operat ions found unsatisfactory, any equ ipment found not properly repaired, or any extra work found necessary by the City shall be reported to the Contractor. Upon receipt of such a report, the Contractor shall immediately make the necessary corrections and per form any work necessary to bring t he system up to the prescribed standard. The Contractor shall submit a report within five days to the City indicating that the work covered by the City’s request has been completed giving the date of completion and a brief statement of the work accomplished. o The Contractor shall meet City Standards in the selection of mate rial and equipment which has been authorized for purchase by the City.
o The Contractor shall erect temporary traffic control such as, barricade s, signs, cones, flags, and lights as may be required by the California Manual on Uniform Traffic Control Devices, California Supplement, latest editio n to protect its workers and the motoring public until all repairs are complete. The City will provide initial temporary traffic control for the emergency occurrence.
o The Contractor shall promptly (in writing within 4 8 hours) notify the City during the performance of thi s c ontract i f any unexpec ted damage or additional repairs are required to maintain City Standards.
o The Contractor shall promptly noti fy the City of the disablement of any piece of equipment on any syste m due to an accident or other cause s uch as damaged ca ble, broken parts, or oth er difficulties when such pieces of equipment cannot be readily repaired making it necessary to discontinue operation of all or part of the installation.

MATERIAL, LABOR, AND EQUIPMENT TO BE FURNISHED BY THE CONTRACTOR • All workman ship, e quipment, material s, miscellaneous items, and component parts incorporated in the work covered by this contract shall meet cur rent City Standards for the specific purpose. Where equipment, materials, miscellaneous items, or component parts are referred to in the Specifications as “equal to” any particular standard, the City will decide the question of equality. The Contractor s hall furnish to the City for its approval, the name of the manufacturer of ma chinery, mechanical or other equipmen t which the Contractor contemplates incorporating in the work, and when requested by the City, the capaci ties and other pertinent information, including samples. Machinery, equipment, materials, miscellaneous items, an d components installed or used withou t such approv al shall be at the risk of subsequent rejection. The Contractor shall furnish all transport ation, equipment, and materials at his own expense, except as specified in Extra Work. The Contractor shall furnish all necessary testing instruments for making te sts and d iagnosing the systems or equipment at his own expense. All locks shall be kept in proper working order at all times.

Whenever it is necessary to change, replace, or add new locks to any part of t he system, the Contractor shall assume cost of such new locks and keys. Whenever a lock or the tumblers are changed, the Contractor shall fur nish the Ci ty with keys at his own exp ense. The Contractor shall furnish at his own expense, except as specified in Extra Work, a sufficient number of qualified employees who are experienced in the various technical and mechanical fields associated with t he specialized equipment at all times to repair the respective systems adequately.
• The Contractor shall maintain a dequate storage and shop repair facil ities to perf orm this Contract, including a reasonable stock of spare parts and equipment for the street lighting. o The Contractor shall have in stock a minimum of four (4) City of Visalia standard marbelite street light poles and associated anchor bolts , as well as two (2) Type 15 galvanized poles. The City of Visalia standard street light poles are specified in the City of Visalia Engineering & Improvement Stan dards and t he City of Visalia Standard Specifications on City’s website: www.visalia.city. o The Contractor shall have in stock a minimum of one (1) electrical service pedestal. • This project will be su bject to all applicable State Wage Determinations. The Contractor will be responsible for paying wages from the State Wage Det erminations for all tr ades. The wages are set forth in the General Prevailing Wage Rates for this project, available at City of Visalia address and available from the California Department of Industrial Relations web site: http://www.dir.ca.gov/oprl/2012-2/PWD/index.htm.

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MATERIAL AND EQUIPMENT FURNISHED BY THE CITY OF VISALIA • The Cit y may supply the Contractor during any time of the contract period with its own usable parts, mater ials and equipment from its own stock or the salvage material procured from the removal of existing systems.
• All parts, materials and equipm ent furnished to the Contractor shall be transported by the contractor at the contractor’s sole expense, to the cont ractor’s war ehouse, shops or sit es, where such materials and equipment are to be stored, repaired or used. Upon re ceipt of such parts, mate rials, and equipm ent, the Contractor shall acknowledge receipt thereof on forms furnished by the City.
• The parts, ma terials, and equipment furnished by the City and stored by the Contrac tor shall constitute the City of Visalia Inventory or Parts and Material as used herein. • The City shall have the right to visit storage facilities and shops at any time for the purpose of ex amining the Cit y of Visalia Inventory or Parts and Material. The Contractor shall comply with any instructions given by the City relati ng to the care, s torage and marking of City of Visalia Inventory or Parts and Material for identification purposes. • At the termination of the Contract, the complete stock shall be delivered by the Contractor to the City at location s designated by the City with all items re placed or accounted for. The Contractor shall also be solely responsible for any replacements requ ired due to loss, theft, burglary, damage or destruction from any caus e whatsoever, of any and all such City of Visalia Inventory or Parts and Material.
• Nothing herein shall be construed as obligating the City to furnish any parts, materials or equipment.

REPAIR REQUIREMENTS
The follow ing services , materials, sup plies, equipment and labor for performing the work as specified herein are to be provided by this contract .
• Repair and/or replacement of damaged street light foundations, anch or bol ts, street light poles, luminaire arms, street light fixtu res, conduits, wiring, pull boxes, electrical service pedestal foundations electric service pede stals, and other street lighting equipment necessary to make the street lighting operational.
• The Contractor sh all ma ke the electrica l power safe and secure b efore performing any repairs or replacement of equipment related to the street lighting. • The Contractor shall obtain the required building permits as required by the City of Visalia Building Department. The cost of the building permits will be provided to the Contractor and the fees associated with the building permits will be paid separately by the City. • All repairs and replacements of damaged equipment shall be constructed in compliance wi th the latest local, state and industry standards.
• Secure the site of the damage d equipment and make the s ituation safe until the necessary repair and/or replacement of the damaged equipment can be completed. • Return all damaged, worn out, and obsolete City owned equipment to the City, if r equested; otherwise, it shall be disposed of by the Contractor at his expense.

REPORTING
• The Contractor shall provide an itemized list of all the materials provided and/or installed, the names of the persons respondi ng to each Emergen cy Electrical Callout, the equipment used for each response, the time the contractor ar rived at t he site for each Emergency Electrical Callout incident, and the amount of time each person was at each incident. • The Contractor shall note the site condition when initially arriv ing at a spec ific location to provide Emergency Electrical Service s. The de scription of the vehicles, orientation of the vehicles, number persons present, and any other pertinent information that may be helpful to de termine the extent of the damage to equ ipment owned by the C ity of Visalia. If photographs are taken of the incide nt, those pictures shall be submitted to the City of Visalia.
• The Contractor shall perform a visual inspection of the street lighting and note that all the equipment repaired and/or replaced is properly functioning or that the damage d equipment has been secured.
• The itemized list of materials an d personnel for each incident shall be included as backup information for each invoice submitted to the City of Visalia for payment. 223
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• Each invoice submitted to the City of Visalia for payment shall be received within 60 days of completion of work.

EXTRA WORK SPECIFICATIONS
• Any extra work shall be done under the direction of the City and shall confor m to the City’s requirements.
• When extra work is authorized by the City, the City will provide the Con tractor with written authorization for the extra work.
• The Contractor shall prepare and submit a quote for the work using the labor, equipment and mater ial rates contained within the contra ct. Claims f or extra work which have not been authorized by the City shall be rejected.
• The Contractor shall furnish to the City itemized statement of the cost of all extra work, which shall include a true copy of the payroll (with a ppropriate redaction o f personal information i.e. social security numbers and addresses of individual payees) and the original receipted bills for the materials used and any freight charges paid on same. Where materials used are not specifi cally purchased for use on extra work but are take n from the Contractor’s stock, the Contractor may su bmit an af fidavit of the quality, price and any freight on such materials in lieu of certified copies of original bills and invoices. This affidavit must be approved by the City.
• The City o f Visalia res erves t he right to furnish any materials or parts of extra work, in which case no charge for items so furnis hed shall be made by the Contractor. The Contractor shall provide the means to transport, load, a nd unload any material provided by the City of Visalia.
• When the Contractor is authorized to furnish both materials and labor, at the direction of the City, as expediency, parts may be taken from the City of Visalia Inventory. The Contractor shall then either replace the items used or shall give credit for all materials used for extra work from the inventory showing the entire cost of each item. • For portions of extra work performed by a subcontractor, the Contractor shall submit to the City in writin g the nam e of t he subcontractor he intend s to utilize and the subcontractor’s cost prior to performanc e of said work. The City reserves the right to reject or ap prove said subcontractor before the work is performed. All Subcontractors must maintain curren t registration with the Department of Ind ustrial Relat ions (DIR) and must be listed on Contractor’s Bid Form.
• Additional Subcontractors may be added with prior approval from City’s Project Manager.

SCOPE OF EXTRA WORK
• Repair and/or replacement of equipm ent compr ising street lighting which inclu des street light poles, luminaire arms, light fixtures, anch or bolts, foundations, pull boxes, conduits, wiring, and other components that comprise street lighting. • Repair and/or replacement of damaged conduit an d damaged or grounded wiring extending beyond the post.
• Diagnosing issues could be considered extra work.
• Relocation of posts or other fixed equipment. The Contra ctor shall prepare an “as built” drawing showing such new locations and furnish same to the City.

CITY RESPONSIBILITIES
• Compensate the electrical firm as provided in the contract agreement. • Provide a "Ci ty Representative" who will represent the City and w ho will work with the electrical firm in carrying out the work required in the RFB. • Clearly state, ei ther v erbally or in writing, the w ork required before the electrical firm responds.
• At times, assist, inspect, and approve the work of the electrical firm. • Assist the Contractor in obtaining any required City of Visalia building permits as it rela tes to work performed in association with this contract.

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VI. PRE-BID AND CONTRACT MEETINGS

1. Informational Pre-Bid Meeting. A non-mandatory pre-Bid meeting will be held at 10:00 a.m. on Tuesday, October 24, 2023, in the Visalia Coun cil Chambers, 707 W. Ace quia Avenue, Visalia, CA 93291. Attendance at this meeting is not required to submit a Bid in response to this RFB. Information regarding the contract work will be provided at th is time and there will be time allowed for Contractor s to ask questions. It shall be th e responsibility of the Con tractor to ha ve acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

2. Post Award Meeting. Subsequent to the award of contr act, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.

City Project Manager: Street/Traffic Public Works Manager (559) 713-4186
Department: Public Works

VII. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, at 2:00 p.m. on Thursday, November 9, 2023, at 707 W. Acequia, Visalia CA, Council Chambers. The name of each Bidder and the amount of each Bid shall be o pen to public inspection at the Bid openi ng an d after an award decision has been made.

Other Bid information will not be available for public review during the e valuation phase.

2. Bid Confidentiality. The City favors full and open disclosure of all Bid r ecords. The City will not expend public funds defending claims for access to, inspection of, or to be provided with copies of any such records. By submitting a Bid, Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosu re of, any recor ds or documents in the City’s possession.

After the award, the City intends that its selection process w ill be open and public.

Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or F OIA. A ny i nformation contained in a Bidder’s submission which the Bidder believes qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failu re to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidentia l” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VIII. AWARD

1. Most Responsive, Re sponsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with At tachments 1 -2) shall be awarded with reasonable promptnes s by appropriate written notice. Award shall be made to the most responsive, responsible Bidder whose Bid meets the r equirements and criteria set forth in this RFB, price and other factors cons idered, and whose Bid is determined to result in the opti mum economic advantage to the C ity. A responsible Bidder is one who has the capability, financial c apacity and integrity to perform the 225
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contract. A responsive Bidder is one who commits to all of th e material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

2. Reservation of Rig hts. The City reserves the right to reje ct any item or i tems in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.

IX. PROTESTS/APPEALS

Because it is essential that Bidders have confidence in the procur ement procedures for soli citing and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

1. Any actual Bidder who is aggr ieved in connec tion with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expect ed to know of t he facts giv ing rise thereto; and

2. Should ident ify only the areas regarding bid contradictions, procurement e rrors, quotation rating discrepancies, legality of procurement cont ext, conflict of i nterest in the rating process and inapprop riate or unfair competitive procurement grievance regarding the Bid process.

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

4. Further levels of appeal may be made in accordance with the appe als provi sion contained in Chapter 5 of the C ity’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.

X. SPECIAL CONDITIONS

1. Project Administrative Issues

a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and serv ices necessary to fulfill the requirements of this RFB.

b. Quantities/Change Orders. The City reserves and shall have the right to make such changes to t he wo rk a s may be neces sary and d esirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herei n, the Project Manager shall be and is hereby authorized to make such changes in the work as may increase or decrease the o riginally award ed contract quantities and/or total contract cost. The Contract Price, or the amount due the Contractor will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.

Should the Contractor disagree with any terms or conditions set forth in an approved contract c hange order not executed by the Contractor, the Contractor shall submit a written protest to the City Project Manager/Engineer within 15 days aft er the receipt of the approved contract change order and the procedures out lined in Section 4 -1.03 of the Standard Specifications apply.
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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 accep t payment for s uch changes as if the altered work had been a part of the original contract. These changes which ar e for work within the g eneral scope of the contract shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time where, in the Project Manager’s opinion, such extensions are commensurate with the amount and difficulty of added work.

Excessive altered work shall be covered by supplementa l agreement that is subject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contrac t ite m that r equires a supplemental agreement, the City reserves the right to terminate the contrac t with respect to the item and to make oth er arrangements for its completion.

c. Omitted Items. Project Manager is authorized to omit minor contract items.

Major items must be omitted by supplemental agreement.

d. Extra Work . Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done. The Project Manager should obtain authorization from the Chan ge Or der Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done immediately, th e Project Manager may authorize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as agreed to in writing by the Project Manager prior to the Extra Work being completed or the Change Order Committee shall approve an increase in a Change Order issued after the Extra Work is completed. No additi onal payment is due for unauthorized Extra Work.

If the Project Manager authorizes Extra Work but the payment for the Extra Work has no t been agreed t o in writing prior to the work being completed, then Contractor shall submit to the Project Manager the d ocumentation required for a Change O rder within forty -five (45) days of completing the Extra W ork. The Project Manager will submit a Ch ange Order requ est for review and approval by the Change Order Committee. If the Contractor does not submit any do cumentation w ithin that time peri od the Project Manager may move forward with issuing a Change Order to adjust the contract price.

e. Removal of Obstruc tions. Contractor shall remove and dispose of all structures, debris or other obstructions of any c haracter required for completion of the project. Any temporarily removed or relocated items shall be replaced.

f. Clean Up. Prior to acc eptance and fin al payment, Contractor shall clean up the site of work, and any areas occupied by Contractor in conn ection with the project.

2. City-Contractor Relations

a. Project Manager’s Responsibility and A uthority. City will designate a Project Manager. All wo rk shall be done under the general supervision of such Project Manager or his or her designee(s). T he Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project. Project 227
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Manager s hall not have control ov er acts or omissions of the Contractor, Subcontractors, their agents or employees.

b. Contractor/Contractor’s Superintende nt. Contractor shall bear all responsibility for, and have all control over, the construction means , methods, te chniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent.

c. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for, all damage to e xisting structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities and the like.

(2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility.
iii. Contractor shall not make connecti on to or draw water fro m any hydr ant or p ipeline without first obtaining permission to do so.

d. Signs, Barricades, and Notice. Contractor must provide and maintain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements.

e. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern-day fabrication shops and good construction practice.

(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a s afe manner.

f. Control of Materials:
(1) Source of Sup ply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contract or shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project.

(2) Equivalent Materials . Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, ty pe, design, style, fini sh, durabi lity or quality desired and are not intended to exclude or omit th e products of any responsible manufacturer , if such products are equal in every respect to those specified. The burden of proof of compliance with the speci fications is the respon sibility o f Contractor. City shall be the sole judge as to the adequacy of any item for substitution.

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

g. Storage of Materials. Materials shall be stored to ensure the preservatio n of their quality and fitness for the project.

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h. Materials and Shop Drawing Submittals. If applicable, Contract or sh all submit to Proj ect Manage r for ap proval, two (2) copies of the materials list and detailed dimensional shop drawings covering all Con tractor-furnished items of equipment. Prior approval by Project Manager is required. Such approval shall not reli eve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.

3. Legal Responsibilities.

It is the responsibility of Contractor to comply with all local, state, and federal laws and r egulations which apply to this project. This includes, bu t is not limited to, compliance with Unifo rm Building, Pl umbing, Mechanical, Electric, and Fire Codes.

Contractor shall provide a safe working environment i n com pliance with the Occupational Safety and Health Act, and California Health and Safety Codes.

Additionally, Contractor shall secure all necessary permi ts, licenses, and similar requirements to carry out the project. Contractor shall comply with all a pplicable labor laws and ensure against discrimination.

XI. GENERAL CONDITIONS

1. It is the poli cy of the City to provide equal opportuni ty to all candi dates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.

The City hereby aff irmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be a fforded full o pportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religiou s creed, color, national origin, ancestry, physical or m ental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

No qualified disa bled person sh all, on t he basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.

Bidder shall provide to t he City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a le gal or adm inistrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.

2. Post-Closing Date Corrections are prohibited.

3. Bids will not be accepted unless signe d in ink (not typed) in the appropriate sp ace(s) by an authorized officer or employee of the Bidder.

4. Bids must be submitted on or before the Closing Date. An y Bids received af ter the Closing D ate shall be returned, unopened, to the Bidder, provided th e request number, opening date, and Bidder's return address are on the envelope.

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

6. Telegraphic, te lephonic, electronic and facsimile Bids and withdrawal requ ests will not be accepted.
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7. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.

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

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

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

11. A wri tten amend ment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respe ct to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.

12. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.

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

14. Bidder shall provid e insurance as required by law and as indi cated in the p roposed contract.

15. Bidder shall maintain all personnel files and payroll records for employees used t o implement the proposed contract.

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

17. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a lo cal merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awa rded by the fl ip of a coi n by the Purchasing Division in the presence of at least one witness.

18. The City may make s uch investigation of the Bidder and information in the Bid as it determines necessary. This may in clude the collection of criminal history information, co ntractual a nd business associations and practices, employment histories and reputation.

19. All California agencies may purch ase off th e Proposal submitted at the same prices, terms, conditions and specifications. The City of Visalia shall in cur no responsibility in connection with another agency’s purchase.

20. Each Bidder will be required to submit Certifi cations, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.

21. The quantities given on the Bid Proposal form and an y related contract documents are approximate only. They are give n as a basis for comparison of Bids. The City of Visalia d oes not, e xpressly or impliedly agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City dee ms necessary or advisable, at the prices Bid.

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conclusive evidence th at the Bidder has inves tigated, and is satisfied as to the conditions encountered, as to the character, quality, an d qua ntities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance sh all subsequent ly be mad e because of lack of such examination or knowledge.

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

Contractor may be required to submit Bids on alternate items. The City reserves the right to award the contract based on the lowest combination or combinations of bid items and alternate bid items.

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

25. Only one Bid may be submitted as a “ Prime Contractor” for the s ame work by a ny firm, individua l, p artnership, corp oration or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also s ubmit sub -Bids to other competing Prime Contractors. Reasonable grounds for believing that any individual , firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is intereste d.

A C ontractor who is not sub mitting a Bid as a Prime C ontractor may submit any number of sub-Bids to competing Prime Contractors.

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

27. The annual contract resulting from this i nvitation to bid will be administered by the Public Works Department. However, the City’s Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions or scope of the contract.

28. The i nitial contract term shall be for a twelve (12) month period and shall, at the City’s option and wi th the co nsent of the CONTRACTOR , be extended annually thereafter for four (4) consecutive one -year period s. Contract s hall begin no later than 15 days from the receipt of annual contract.

29. All price s quoted in response to this Invitation to Bid shall be fi rm and fixed for twelve (12) months from the annual anniversary date of the agreement . In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price a djustment feature is hereby incorporated into the sp ecifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the p arties to the contract to al low for pr ice increases or decreases for labor and benefit rates, supplies and materials.

It will be t he res ponsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adju stment mu st be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement.

Requests filed after this time will not be considered.

The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent co ntract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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30. This contract may be terminated without cau se by the City, in whole or in part, by giving the C ontractor fif teen (15) days written notic e of the i ntent to terminate whenever the City determ ines that termination is in the best interest of the City. If the Contractor shall fail to provide services o r perform satisfactorily the work required by the te rms and conditions of the c ontract, or ma terially breaches any of its obligations under this agreement the City may terminate the contract, in who le or in part by written notice. Termination shall take e ffect ten (10) calendar days after the date of mailing said termination notice.

Any assignme nt, sublet ting or transfer of the interest of the con tractor, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default. Notwithstanding a ny other provisions of this a greement, this agreement may be terminated by the Ci ty upon a single violation of this agreement.

31. Executive Order N -6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individu als. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Eco nomic Sanctions. Should the State determine Contractor is a target of Economi c Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

XII. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form simi lar to that attached to this Request for B id as Exhibit “C” with Attachments 1 -2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractua l obligation between the parties rega rding the project. A contract will be pro vided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of aw ard notification unless otherwise agreed.

2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Art icles of Incorporation, By-Laws, or Tax-Exempt status to the City.

3. Insurance. Contractor shall obtain and ma intain the minimum insurance coverage outlined Exhibit “ C”, Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.

4. Required Bonds: The Bidder(s) awarded contract(s) pursuant to this RFB will be required to provide to t he City of Visalia: 1) a “Pe rformance Bond ” and 2) a “Labor and Materials Bond”, each in the amount of 100% o f the contract amount within ten (10) working days o f the date of the “Notice of Award”. According to City st andard the surety company must be eit her a Cali fornia Ad mitted Su rety to its sp ecified dollar limitation AND a current A.M. Best A: VIII rated surety. The Performance bond shall remain in force for one year after the date of completion.

Upon determination by the City that a contract has bee n entered into and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor. 232
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BIDDING AGENCY:__________________

EXHIBIT “A” BID FORM
RFB NO. 22-23-71

ANNUAL CONTRACT FOR ON-CALL ELECTRICAL SERVICES

FOR STREET LIGHT REPAIRS

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the Cit y’s Notice Inviting Sealed Bids No. 22-23-71 dated: ________________, the undersigned BID DER hereby proposes to f urnish all materials, equipment, tools, labor appurtenances and incidentals required for t he a bove stated project as set forth in the RFB, including all Exhibits and related contra ct documents therefor e, and to perform all work in t he manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of th e wo rk site, instructions to BIDDERs, and the contrac t requirements. If this proposal is accepted for award, BIDDER agrees to enter into a co ntract with CITY at the unit and/or lump sum p rices set forth in the following Bid Schedule.

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work sa tisfactorily completed. It is agreed that all prices bid include all appurtenant expenses, taxes, royalties and f ees. All bids will be checked for accuracy. In the case of discrepancies in amounts bid, unit prices sha ll govern over extended amounts.

BIDDER hereby agrees to execute a contract withi n ten (10) working days, or such further time as may be allowed in w riting by the Purchasing Division, after receiving no tification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in c ase the BI DDER does not, said Purchasing Division may proceed to award the contract to others.

BIDDER a grees to commence the work on the start date agreed b etween BIDDER and Project Manager, only after the contract is fully executed and Notice to Proceed has been issued.

BIDDER further de clares that he/she has not either directly or indirectly entered int o an y agreement, participated in any collusion, or ot herwise taken any action in restraint of free competitive bidding in connection with said bid.

Bid shall be awarded to the bidder w ith the Lowest Total Bid Amount listed in Exhibit “A”- Bid Form, whose bid complies with all the requirements described herein . The quantities given on the Bid Proposal form and any related contract documents ar e estimates only. They a re given as a basis for comparison of Bids. The City of Visalia does not, expressly or implied ly agree that t he actual amount of work will correspond therewith and reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

In addition to completing Bid Form Exhibit “A”, each BIDDER shall complete Exhibit A.1 (Schedule of Fees) for Electrical Services not included in Exhibit A.

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

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BIDDING AGENCY:__________________

EXHIBIT “A” BID FORM
Annual Contract for On-Call Electrical Services for Street Light Repairs as specified in RFB 22-23-71 Item
No. Description Units
Unit
Cost(Includes
all labor &
taxes)
Estimated
Quantity
Total Amount
(includes all labor &
taxes)
1 Furnish and Install Single Luminaire Mast Arm Marblelite Pole, 8’ Luminaire Arm, and Light Fixture (per City Std. SL-5)

$________

6 $____________
2 Furnish and Install Single Luminaire Mast Arm Marblelite Pole, 8’ Luminaire Arm, Light Fixture, foundation, and anchor bolts (per City Std. SL-5)

$________ 6

$____________
3 Furnish and Install Double Luminaire Mast Arm Marblelite Pole, 8’ Luminaire Arm, and Light Fixture (per City Std. SL-5)

$________

6 $____________
4 Furnish and Install Double Luminaire Mast Arm Marblelite Pole, 8’ Luminaire Arm, Light Fixture, foundation, and anchor bolts (per City Std. SL-5)

$________

6 $____________
5 Furnish and Install single mast arm Caltrans Type -15 street light pole (per Caltrans Standard Plan ES-6A)

$________

6 $____________
6 Furnish and Install single mast arm Caltrans Type -15 street light pole, foundation, and anchor bolts (per Caltrans
Standard Plan ES-6A)

$________

6 $____________
7 Furnish and Install double mast arm Caltrans Type -15D street light pole (per Caltrans Standard Plan ES-6D)

$________

6 $____________
8 Furnish and Install double mast arm Caltrans Type -15D street light pole, foundation, and anchor bolts (per Caltrans Standard Plan ES-6D)

$________

6 $_________
9 Furnish and install single mast arm decorative Steel/Alloy street light pole, luminaire arm, light fixture (per City Std. SL- 11)

$________

6 $_________
10 Furnish and install single mast arm decorative Steel/Alloy street light pole, luminaire arm, light fixture, foundation, and anchor bolts (per City Std. SL-11)

$________

6 $_________
11 Furnish and install double mast arm decorative Steel/Alloy street light pole, luminaire arm, light fixture (per City Std. SL- 11)

$________

6 $_________
12 Furnish and install double mast arm decorative Steel/Alloy street light pole, luminaire arm, light fixture, foundation, and anchor bolts (per City Std. SL-11)

$________

6 $_________
TOTAL BID AMOUNT:

$____________

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BIDDING AGENCY:__________________

(1)
Bidding Firm

(2)
Corporation, Partner, Joint Venture

(3)
Business Address City State Zip Code

Telephone Number

E-mail Address

(4)
Signature of Authorized Person (Date)

Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE

(1) If the BIDDER is an individual, enter name here in style used in business; if a joi nt venture, exact name of entities joini ng in the ventu re; if a par tnership, the correct trade sty le of the partnership; if a corporation, the exact name of the corporation.

(2) If BIDDER is other than an individual, identify here its character, i.e., joi nt venture, partnership, corporation, in cluding the sta te of incorporation. If BIDDER is an indiv idual operating under a trade name, state “an individual dba (trade name in full)”.

(3) State on this line, the address to which all communications and notic es regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed.

(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each p articipating partnership must sign by a general partner , and each c orporation by an authorized off icer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of t he corporation and their bus iness addresses must be shown below.

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BIDDING AGENCY:__________________

EXHIBIT “A.1”

SCHEDULE OF FEES FOR ELECTRICAL SERVICES

NOT INCLUDED IN EXHIBIT A
(Schedule of Fees to be provided by each Bidder)

Street Lights
Description Hourly Rate
Hourly Rate – Regular Time
Hourly Rate - Overtime
Material Markup
Discount from List Price
Subcontractor Markup Percentage
Service Truck
Aerial Truck
Compressor
Trencher
Backhoe
Dump Truck
Trailer
Auger
EXTRA WORK:

Hourly Rate – Regular Time

Hourly Rate - Overtime

(1)
Bidding Firm

(2)
Signature of Authorized Person (Date)

(3)
Type or Print Authorized Person’s Name

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CONTRACTOR/BIDDER INFORMATION

CSLB STATE CONTRACTOR’S LICENSE NUMBER: ________________________________________________

License Classification(s): ___________________________ Expiration Date: _____________________________

CA DEPT. OF INDUSTRIAL RELATIONS (DIR) NUMBER: ___________________________________________

FEDERAL TAX I.D. NUMBER.: ____________________________________________________________________

CITY OF VISALIA BUSINESS TAX CERTIFICATE NUMBER: _______________________________________ A City Business Tax Cert ificate (License) is not re quired to submit a bid; however, vendor is required to obtain a certificate prior to project commencement. Please contact the Business Tax Division with questions or to obtain an application at (559) 713-4326 or [email protected].

REFERENCES:

The following are t he names, addresses, and telephone numbers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past two (2) years.

Company Name Address Tel. No. Contact Person

1. ___________________________________________________________________________________________________

2. ___________________________________________________________________________________________________

3. ___________________________________________________________________________________________________

DESIGNATION OF SURETIES:

The foll owing ar e the names, addresses, and tele phone numbers for all broker s a nd s ureties from whom BIDDER intends to procure insurance.

Company Name Address Tel. No. Type

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BIDDING AGENCY:____________________________

SUBCONTRACTOR LISTING

The undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the p laces of business of each subcon tractor who will perform work or labor in an amount in excess of one -half of one percent (1/2 of 1%) of the of the total bid. All work not lis ted bel ow shall be performed by the unde rsigned BIDDER. It is understood th at the BIDDER, if awar ded the contract, shall not substitute any subcontractor in place of the subcontracto rs herein d esignated without the approval of the Project Manager.

SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)

1. Subcontractor Name:

Performing

_____% of
project work

Asbestos

Boilermaker

Bricklayers

Carpenters

Carpet/Linoleum

Cement Mason

Drywall Finisher

Drywall/Lathers

Electricians

Elevator Mechanic

Glaziers

Iron Worker

Laborers

Millwrights

Operating
Engineers

Painters

Pile Drivers

Pipe Trades

Plasterers

Roofers

Sheet Metal

Sound/Comm

Surveyors

Teamster

Tile Worker

Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

2. Subcontractor Name:

Performing

_____% of
project work

Asbestos

Boilermaker

Bricklayers

Carpenters

Carpet/Linoleum

Cement Mason

Drywall Finisher

Drywall/Lathers

Electricians

Elevator Mechanic

Glaziers

Iron Worker

Laborers

Millwrights

Operating
Engineers

Painters

Pile Drivers

Pipe Trades

Plasterers

Roofers

Sheet Metal

Sound/Comm

Surveyors

Teamster

Tile Worker

Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

3. Subcontractor Name:

Performing

_____% of
project work

Asbestos

Boilermaker

Bricklayers

Carpenters

Carpet/Linoleum

Cement Mason

Drywall Finisher

Drywall/Lathers

Electricians

Elevator Mechanic

Glaziers

Iron Worker

Laborers

Millwrights

Operating
Engineers

Painters

Pile Drivers

Pipe Trades

Plasterers

Roofers

Sheet Metal

Sound/Comm

Surveyors

Teamster

Tile Worker

Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

If additional space is needed, please list on a separate sheet of paper and submit with bid. 238
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EXHIBIT “B-1”

BIDDER’S STATEMENT ON PREVIOUS CONTRACTS

SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11246)

The BIDDER shall complete the following statement by checking the appropriate blanks:

The BIDDER has_____ has not _____ participated in a previous contract su bject to the Equ al Employment Opportunity Clause prescribed b y Executive Order 11246, as amended, of September 24, 1965.

The BIDDER has _____ has not _____ submitted all compliance reports in connection with any such contract due under the applicable fili ng requirements; and that representations indicating submission of required compliance reports si gned by proposed subBI DDERs will be awa rded prior to award of subcontracts.

If the BIDDER has participated in previous contracts subject to the Equal Employme nt Opportunity Clause and has not su bmitted compliance report s due under app licable filing requir ements, 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)

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EXHIBIT “B-2”

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)

Equal Opportunity Clause
Unless exempted by r ules, regulations or orders of the Secretary of Labor issued pursuan t to Executiv e Orders 10925, 11114 or Section 204 of Executive Order 11246 of S eptember 24, 1965, during the perf ormance of each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or a pplicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origi n or polit ical affiliation. Such ac tion shall include, but n ot be limited t o, the following: em ployment upgrading, dem otion or transfer , recruitment or recruitment advertising, layoff 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 BIDDER will, i n all solicitations or advertiseme nts for employe es, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The BIDDER will send to ea ch labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the l abor union or the workers’ representative of the BI DDER’s commitme nts under Section 20 2 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.

4. The BIDDER will comp ly with a ll provisions of Executiv e Order 11246 o f September 24, 1965 , and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The BIDDER will furnish al l information and reports required by Executive Orde r 11246 of September 24, 1965, and by the rules, regulations and relevant or ders of the Secretar y of Labor, or pursuant thereto, and wil l permit access to his books, records and accounts by the contractin g agency and the Sec retary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the BIDDER’s non -compliance with the non-discrimination clauses of this subcontract or with any of such rules, regula tions o r orders, this subcontract may b e canceled, terminated or s uspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executi ve Order 1124 6 of Se ptember 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The BIDDER will i nclude the provisions of Paragraphs (1) through ( 7) in every subco ntract or purchase order unless ex empted by rules , regulations or ord ers of the Secretary of Labor issued pur suant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each S UBBIDDER or vendor. The BI DDER will take such action with re spect to any su bcontract or purchas e order as the contract ing agency may di rect as a means of enforcing such provisions including sanctions for non-compliance. Pr ovided, however, that in the eve nt the BIDDER becomes involved in, or is threatened with liti gation with a S UBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.

Company Name:_________________________________________
Business Address: __________________________________________________________________________________________ Signature: ________________________________________________________________ Date:____________________________ Name of Signing Official (Print or Type): ____________________________________________________________________ Title of Signing Official: ______________________________________________ Company Seal:

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EXHIBIT “B-3”

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

1. “Segregated facilities,” as used in this pro vision, me ans any wait ing rooms, work areas, rest rooms and wash rooms, restaurants and oth er eati ng areas, time clocks, locker ro oms and other storage or dre ssing ar eas, parking lots, drinking fountains, r ecreation or e ntertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or n ational origin, because of habit, local custom, or otherwise.

2. By the submission of a bid, the B IDDER certifies that i t does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control w here segregated facili ties are maintained. The BIDDER agrees that a breach of this certifi cation is a violation of the Equal Opportunity clause in the contract.

3. By submission of the bid, the BIDDER fur ther agrees th at (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:

(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause;
(b) Retain such certifications in its files; and

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES

A certificate of N onsegregated 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 perio d (i.e., quarterly, semi- annually, or annually).

4. By commencing performance of the Contra ct work , the sele cted 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:
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EXHIBIT “B-4”

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

_________________________, being first duly sworn, dep oses and says that he or she is _________ of __________ the party making the foregoing Bid; that the Bid is not ma de in th e interest of, or on behalf of, any undi sclosed person, partnership, company, ass ociation, organization, or corporation; that the Bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any othe r BI DDER to put in a false or sham Bid, and has not directly or indirectly colluded, cons pired, 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 indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of t he Bid price, or of that of any other B IDDER, or to secure any adva ntage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his o r her Bid price or any break down thereof, or the conte nts thereof, or divulg ed information or data relative thereto, or paid, and will n ot 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 Seal:

State of California
County of ________________________

On this __________ d ay o f __ _____________before me, ________________ ___________________________, a Notary Public,
personally app eared ______ ______________________________________,who proved to me on the basis of satisfactory evidence to be the pers on(s) whose name (s) is/are subscribed to the within i nstrument 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 instrum ent the person(s), or the entity upon b ehalf of which the person (s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of th e 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 s igned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 242
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EXHIBIT “B-5”

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

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against li ability for workers’ compen sation or to undertake self -insurance in accordance with the provisions of th at code, and I wi ll comply with such provisions before commencin g the performance of the work under this contract.

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EXHIBIT “B-6”

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. s eq., and will maintain compliance t hroughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

Company Seal:
(if any)

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EXHIBIT “B-7”

DISCLOSURE STATEMENT
(Submit With Bid)

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

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

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

OWNERSHIP DISCLOSURE

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

_________________________________________________________________ Address

List the n ames of all princ ipals, partners, and/or trustees. For corporat ions, provide names of officers, direct ors and all stockholders owning more than 10% equity interest in corporation:
__________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Sectio n 84 308, also known as the “Levine Act,” can proh ibit members of the Visalia City Council from participating in any action related to a contrac t if he or she receives any political contribu tions totaling more than $250 within th e previous twelve (12) month s, a nd f or twelve (12) months following the date a final decision concerning the contract has been made, fro m 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 rev iewing the names of Visalia City Council Members prior to making the following disclosure.

1. Have you or your company, or any agent on behalf of you or your company, made any political contr ibutions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the subm ission 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:

Council Member(s) Name Date of Contribution(s)

______________________________ ________________________

Answering YES, 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 afte r the award. If the above information regarding c ontributions changes during this time aft er the award, then the awardee is re quired to update this disclosure form.
_________________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company

__________________________________________ _________________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual Submit with Bid
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EXHIBIT “B-8”

STATE OF CALIFORNIA

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

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

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY (Authorized Signature)

DATE EXECUTED

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

( )
TITLE

CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS

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

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

2. Establish a Drug-Free Awareness Program as required by Government Code Secti on 8355(b), to inform employees about all of the following:

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

3. Provide as required by Government Code Section 8355(c) that every employee who works on the proposed contract or grant:

(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state wi ll regard this certificate a s valid for all c ontracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, then the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.

Submit with Bid
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EXHIBIT “B-9”

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

Submit With Bid

As required by Cali fornia Public Contract Code Sect ion 2204 , the Contractor cer tifies s ubject to penalty for perjury that the option checked below relating to the Contracto r’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

Please check one:

⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the Cal ifornia Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or

(2) A financial institution that ex tends, for 45 days or more, credit in the amount of $20,000,000 or more t o any other person or entity id entified on the curren t list of persons and entities engaging in investm ent activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

⃝ The City has exempted the C ontractor from the requirements of the I ran Contracting Act of 2010 after making a public finding that, absent th e exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

⃝ The amount of the Contract payable to the Contractor for the Proj ect does not exceed $1,000,000 over the life of the contract (up to 5 years).

Signature:_________________________________ Printed Name:_______________________

Title:_____________________________________ Agency Name:___________________________

Date:____________________

Note: In accordance with Public Contract Code Sectio n 2205, false certification of this form shall be reported to the California Attorney General and may r esult in ci vil penalties equal to the gr eater of $250,000 or twice the contract amount, termination of the contract and/or eligibility to bid on contracts for three years.

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EXHIBIT “C”

S A M P L E (does not need to be submitted with Bid)
ANNUAL CONTRACT – ON CALL ELECTRICAL SERVICES FOR

STREET LIGHT REPAIRS
(City of Visalia Bid No. 22-23-71)

This Agreement, ente red into and effective this ________ da y of ________________, 20 23 [“Effective Date”], by an d between the City of Visalia, hereinafter referre d to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, CONTRACTOR is an ____________ ________ (insert indiv idual or entity type) with a primary business address of ___________________________ and SSN or EIN: ____________________; and

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

WHEREAS, City of Visalia reviewed and eva luated responses to the Bid and determined to award a contract to CONTRACTOR for on-call Electrical Services for Street Light Repairs; and

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

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month per iod and sha ll, at the City ’s option and with the consent of the CONTRACTOR , be extended annually therea fter for four (4) consecutive one -year periods. "Additionally, thi s Agreement may be ter minated for convenience. In the event of termination or expiration of this Agreement, CON TRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

The following are attach ments for this Agreement. Said attachments are incorporated int o this Agreement as if included in full in the body:

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 22-23-71, Annual Contract for On-Call Electrical Services for Street Light Repairs
Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-71

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Bid No. 22-23-71.

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4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Assist the Contractor in obtaining any required City of Visa lia building permits as it relates to work performed in association wi th this contract.

As requested by Contractor
Inspect and approve the work of the electrical firm. As requested by Contractor Pay Contractor within 30 days of receipt of an approved inv oice for completed work.

As requested by Contractor

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY sh all p ay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended a nd paid by CITY on a reimbursement basis for service s actually performed based on invoices, receipts, ti me sheets and similar documents presented by CONTRACTOR to CITY.

6. CONTRACT PRICE ADJUSTMENTS:

All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted ann ually at ti me of contr act renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsi bility of the contractor to request a price a djustment a nd to provi de all documentation ne cessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the ag reement. R equests fil ed after this time peri od will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Burea u of Labor Statistics, Consumer Price Index (CPI) for All Urban C onsumers (CPI-U U.S. City Average, All Items) . The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve -month period. In no instanc e shall the price increase exceed 5%. The contract’s unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

Total Compensation: $
Source of Funds: Local Funds
Payment Schedule: Within 30 days of approved invoice for completed work 249
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IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR

Dated: ___________________ By:______________________________________________________ Authorized Officer : I certify under p enalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA

Dated: ____________________ By:______________________________________________________ City Manager

Dated: ____________________ By:______________________________________________________ City Attorney

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager

Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
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Exhibit “C” - Attachment 1

GENERAL CONTRACT PROVISIONS

A. Successors and Assigns: This Agreement shall b e binding upon and shall inure to the benefit of any successors to or assigns of the parties.

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

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

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

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

E. Jurisdiction/Venue/Waiver Of Removal: Thi s Agreement shall be adm inistered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreem ent shall be in California. A ny action broug ht to inte rpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a cou nty other than Tulare Cou nty as permitted pur suant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or a ltered except in writing signed by the parties, unless otherwise explicitly authorized.

G. Conflict With Law: If any part of this Agreem ent is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in co nflict with said law, but the remainder of th e Agreement shall be in full force and effect.

The CONTRACTOR wi ll indemnify, hold harmle ss, and defend (at C ITY’s option) the CITY against any and all claims, de mands, damage s, costs, expenses, or l iability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of th e CITY or its officers, agents, or employees.

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

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

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

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L. Executive Order N -6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic S anctions against Russia and Russian entities and individuals. “Economic S anctions” ref ers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanc tions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of su ch termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

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Exhibit “C” - Attachment 2

INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expens e, for the full term of this Agreement (and any ex tensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self -insurance maintained by CIT Y shall be in exce ss 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, CONTRACTOR shall obtain and maintain independent insurance as to ea ch subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.

3. Types of Insurance and Minimum Limits . The followi ng types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:

a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all emplo yees of CONTRACTOR in the minimum statutorily requ ired coverage amounts.
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles u sed in the performance of this Agreement, including owned, non -owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum a mount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury
(2) personal injury
(3) broad form property damage
(4) contractual liability
(5) cross-liability
(6) products and completed operations liability

4. Other Insurance Provisions.

CONTRACTOR may maintain the require d post agreement coverage by renewal or purchase of prior acts or tail coverage. This pro vision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreemen t. For pu rposes of interpreting this requirement, a cost not exceeding 100% of the last a nnual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agr eement coverage shall be deemed to be reasonable.

5. Endorsements.

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

a. The City of Visalia, its officers, agents, employee s, representatives, and volunteers are added as additional i nsureds as re spects operations and activities of, or on behalf of the named insu red, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City of Vi salia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited 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. Acequia, Visalia, CA, 93291.

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6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a f ull copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certi ficate(s) of Insurance for all required coverages. Copies of all the re quired Endorsements shall be attached to the Certificate(s) of Insur ance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverag es. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

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

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0471 Agenda Date: 12/4/2023 Agenda #: 13.

Agenda Item Wording:

Traffic Signal On Call Contract - Authorize the City Manager to award an annual contract for On- Call Electrical Services for Traffic Signal Repairs to A-C Electric Company of Visalia for an amount not to exceed $160,000 per year, with an option to renew annually for up to four (4) additional one- year terms.

Deadline for Action: 12/4/2023
Submitting Department: Public Works
Contact Name and Phone Number:

Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation:

Staff recommends that Council authorize the City Manager to award an annual contract for RFB 22- 23-72 - On-Call Electrical Services for Traffic Signal Repairs to A-C Electric Company of Visalia, CA for an amount not to exceed $160,000 per year, with an option to renew annually for up to four (4) additional one-year terms.

Background Discussion:

The City has two (2) employees in the Traffic Maintenance Division that provide routine maintenance and supporting operation of 140 traffic signals throughout the City. However, in the event of knock downs or damage, the City does not own the necessary and appropriate equipment to lift traffic signal poles in to place or construct new pole foundations when required.

In October 2023, Staff solicited RFB 22-23-72 for On-Call Electrical Services for Traffic Signal Repairs. This contract augments the Traffic Safety operation by providing effective, appropriate repair services for traffic signals and electrical disturbances in the public right of way in emergency traffic-safety situations. This work generally takes place after the initial response of the City’spublic emergency response services, and after the accident site has been cleared by staff. The City maintains a limited supply of traffic signal poles and equipment, and this contract also requires the contractor to maintain a certain supply of standard replacement equipment to facilitate prompt repair or replacement of damaged property. Traditionally, the City has bid this work in conjunction with repairs to streetlights, but with the historically limited number of bidders interested, or capable, of working on the complexities of traffic signals, staff separated these contracts in hopes of attracting more bidders that may be interested/capable of repairing streetlights alone.

On November 14, 2023, bids were received and publicly opened, with only one bid being received.

The bid received was submitted from A-C Electric Company of Visalia, CA. A-C Electric’sbid was submitted on time and met all the RFB’s requirements. A-C Electric has performed numerous projects for the City of Visalia and was the holder of the prior contract before its expiration earlier this Visalia City Council Printed on 12/1/2023Page 1 of 2
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year.

Fiscal Impact:

Funding for these services is budgeted within the Traffic Safety Maintenance Division (3126) in the approximate amount of $130,000, annually. The bid amount was based on various items of work and estimated quantities to establish unit pricing that can be used as issues arise. While the total bid amount of $430,000 is much higher than the amount budgeted under this account, not all items of work will be performed every year, or necessarily in the quantities estimated. The nature of this contract is unpredictable and is traditionally utilized in response to traffic accidents. When applicable, restitution will be sought to cover the cost of the repairs. Ultimately, the unit prices for individual items of work will be utilized and billed accordingly for work that is performed. Based on historical expenditures, a contract not to exceed $160,000 per year is being requested. Any expenditures exceeding the budgeted $130,000 are anticipated to come from separately budgeted and related capital improvement projects (CIP). Staff will address any budget shortfall within the fiscal year if such occurs.

Prior Council Action:
09/04/2018
Authorize the City Manager to award an annual contract for RFB 17-18-64, On Call Emergency Electrical Services for Traffic Signals and Street Light Repair.

Alternatives:

Reject all bids. City Staff would then be responsible for repair/replacement, rental of equipment, and purchasing additional materials needed for repairs on an emergency basis, taking away from daily routine maintenance duties.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award an annual contract for RFB 22-23-72 - On-Call Electrical Services for Traffic Signal Repairs to A-C Electric Company of Visalia, CA for an amount not to exceed $160,000 per year, with an option to renew annually for up to four (4) additional one- year terms.

Attachments:

RFB 22-23-72
Bid Summary
Contract
Visalia City Council Printed on 12/1/2023Page 2 of 2
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CITY OF VISALIA, CALIFORNIA
REQUEST FOR BID (RFB) NO. 22-23-72

ANNUAL CONTRACT

ON-CALL ELECTRICAL SERVICES FOR TRAFFIC SIGNAL REPAIRS

BID SUBMITTAL DEADLINE:

TUESDAY, NOVEMBER 14, 2023 @ 2:00 P.M.

The City of Visalia expr essly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

PUBLIC WORKS CONTRACT: This is a Public Works Maintenance Contract and therefore is subject to registration with the Department of Industrial Relations, payment of prevailing wages, submission of certified payroll records to the Lab or Commissioner and other requirements listed in the City of Visalia Labor Compliance Manual (attached ). All Bidders and all listed subcontractors must be currently registered with the California Department of Industrial Relations (DIR) and must maintain c urrent registration for the life of the contract.

Advertised: October 17, 2023
October 24, 2023
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TABLE OF CONTENTS

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

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

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

IV. INSTRUCTIONS ............................................................................................... 5

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

VI. PRE-BID AND CONTRACT MEETINGS ............................................................. 11

VII. BID OPENING AND CONFIDENTIALITY ........................................................... 11

VIII. AWARD .......................................................................................................... 11

IX. PROTESTS/APPEALS ..................................................................................... 12

X. SPECIAL CONDITIONS ................................................................................... 12

XI. GENERAL CONDITIONS .................................................................................. 15

XII. POST AWARD RESPONSIBILITIES .................................................................. 18

EXHIBITS

A. BID FORM

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

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Bidder’s Statement on Previous Contracts Subject to EEO Clauses B-2. Equal Employment Opportunity Compliance Certificate B-3. Certificate of Non-Segregated Facilities
B-4. Non-Collusion Affidavit
B-5. Worker’s Compensation Insurance Certificate
B-6. Americans with Disabilities Act Compliance Certificate B-7. Disclosure Statement
B-8. Drug-Free Workplace
B-9. Iran Contracting Act Certification

C. SAMPLE ANNUAL CONTRACT WITH ATTACHMENTS
ATTACHMENT 1 – General Contract Provisions
ATTACHMENT 2 – Insurance Requirements

D. SEPARATE ATTACHMENTS
D-1. CITY OF VISALIA, CA – LIST OF HOLIDAYS
D-2. STATE OF CALIFORNIA PREVAILING WAGES
D-3. CITY OF VISALIA LABOR COMPLIANCE MANUAL
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I. DEFINITIONS
For the purposes of RFB No. 22-23-72, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. “RFB” means Request for Bid No. 22-23-72.

II. INTRODUCTION

The City of Visalia Purchasing Division is soliciting Bids for an annual contract fo r on c all emergency electrical repairs for Visalia’s traffic signals. The successful bidder shall be responsible for providing all services necessary to fulfill the requirements o f this Invitation to Bid upon execution of a contract and receipt of the City’s Notice to Proceed.

Term: The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one -year periods." Bids are being sought from contractors who have a proven record of experience in providing t he services required by this Invitation to Bid.

License Requirements: No bid will be accepted from a Contrac tor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of Cali fornia Business and Professions Code and has a current Class A, General Engineering or a combination of Class C licenses to perform all aspects for project work. See Section III for additional Department of Industrial Relations Requirements applicable to this project.

Additional Certification(s) required: IMSA Certified Technician Certificate

Use of Subcontractors : Your bid may include subcontractors and you should clearly delineate the responsibilities of each of those participants in the bid. However, the City will recognize the party legally signing the Bid Proposal as prime contractor and contacting party, who, as such, will assume ultimate responsibility for ensuring compliance with th e specifications, term s and conditions of the Invitatio n to Bid. The Co ntractor shall per form work equaling at least fifty -one percent (51 %) of the value of the original total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators.

Public Works Repair Contract: Under the requirements of Labor Code s ection 1782 passed by SB7 and in compliance with City of Visalia Ordinance 2014 -13, this public works repair contract is subject to State prevailing wages as specifie d in the specifications. See Section III for additiona l Department of I ndustrial Relations Requirements applicable to this project.

Encroachment Permit/Traffic Control: The Awarded Contractor will be provided with the necessary encroachment permit to p erform services for this agreement. Permitting process will be discusse d with Awarded Contractor.

III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements

Notice is hereby given that work performed under this contract is subject to DIR m onitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR) and must register on an ann ual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner.
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A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as de fined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unre gistered contractor to submit a bid that is authorized by Section 7029. 1 of the Business a nd Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

If a project l abor agreement (t he term “project la bor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agre ement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

The following statem ents and requiremen ts are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the p ublic works contr act for this projec t and therefore, the CLC contract language requirements are incorporated into the contract.

 As set forth in CLC section 1771.1(a), all contractors and subcontractors must be curren tly registered and qualified to perform public work purs uant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or per form any public work for the City of Visalia . Proof of registration for each contractor and subcontractor listed on the bid is required.

 As set forth is CLC section 17 71.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

 The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the rete ntion period requ ired for any grant or specialized project funding. Some funding sources require an extended time period for records retention.

 In accordance with CLC section 1773.2, the co ntractor is required, by the City of Visalia, to post a copy of the determination of the Director o f Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.

 In accordance with labor code section 1776 and it s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015, each project contractor and subcontractor shall;

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

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o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Vis alia within 5 wor king days of any ch ange in their location.

 The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of t he Department of Industrial Relations including the withholding of cont ract payments in th e amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1 727(a). Any am ount wi thheld will be released as direc ted by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).

 As set forth in labor code section 1775(b), the following subcontractor provisions shall be includ ed in any contrac t executed between the contractor and a subcontractor for performance of work on this public work project:

o As set forth in CLC section 1775(b)(1), any contract executed between a contr actor and a subcontractor for the performance of work on a City of Visa lia public works pr oject shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attac hments to the contract.

o As set forth in CLC section 1 776, the subcontr actor shall maintai n and furnish directly to the Labor Commissioner, bi -weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor cod e sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.

o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the e mployees, by periodic review of the certified payroll records of the subcontractor.

o As se t forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the fa ilure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

o As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work per formed on the pub lic works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wag es to h is or her employees on the publi c works project a nd any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

 In a ccordance with CLC section 1777.5(e), prior to commencing work o n a contract for pu blic work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

 Only apprentices, a s defined in CLC section 3077, i n training under apprenticeship stan dards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070 -3098 may be employed at the apprent ice wage rate on public works.

 Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable ap prenticeship standards (CLC 1777.5(n)). In no event s hall the ratio be less than one hour of apprentice work for every five hours of journeyman work. 279

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 The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all a pprenticeable o ccupations employed on the contract. A s stated in 1777. 5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contrac tor when the contract is less than thirty thousand dollars ($30,000).

 As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:

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

o The contractor shall co ntinually monitor a subcontractor’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.

o Upon bec oming aware of a fa ilure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.

o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed u nder pe nalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.

 The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (a pprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

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

 As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holi day and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code secti on 1773.2, this information is to be included in the contract itself.

10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:

http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp (State Wages)

For RFB 22-23-72 the subsequent contract is an a nnual renewable con tract with a pote ntial of 5 years maximum and will involve multiple projects annually . The Awarded Contractor will be responsible for paying the current prevailing wage rates as of the date that work is performed.

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IV. INSTRUCTIONS

1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.

2. Cross out and initial mistakes in ink and place the correct response next to same.

3. Timely submit Bid in a sealed envelope addressed and marked as follows:

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

From: Bidders Name & Mailing Address

Marked: Annual Contract for On-Call Electrical Services for Traffic Signal Repairs RFB No. 22-23-72

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

5. Inquiries: Instructions to Vendor, Specifications and Bid Forms may be inspected and obtained by visiting our web sit e at visaliapurchasing.org or by calling (559) 713 -4334.

However, to prevent misinterpre tations, the Purchasing Div ision would prefer that all questions be sent by email to [email protected].

Questions regarding this RFB must be received by 4:00 p.m. on Tuesday, November 7, 2023.

V. SCOPE OF SERVICES/PROJECT

LOCATION OF THE WORK: All work is to be performed on existing City owned traffic signals located within the City of Visalia, California at the request of the City of Visalia.

PROPOSED WO RK: The contract work consists of all necessary labor, mater ial, tr ansportation services and equipment, to perform traffic signal repair s on an emergency basis per these contract specifications on City owned traffic signals within the city limits. The traffic control system shall be in accordance with City Standar d at all times. All the work performed shall be in compliance with the City of Visalia’s Engineering Standard Specifications, Construction Specifications, Engineering Design & Improvement Standa rds, Landscape Standard Specifications, and Landscape Standar ds Plans, and Caltrans Standard Plans & Specifications , which may be found by visiting the City website https://www.visalia.city/depts/community_development/engineering/engineering_documents.asp.

GUARANTEE: The Contractor shall guarantee all work and the materials for a period of one year after completion of repairs.

CERTIFIED TECHNICIAN:

License Requirements: No bid will b e accepte d from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and has a current Class A, General Engineering or a combination of Class C licenses to perform all aspects for project work . See Section III for additional Department of Industrial Relations Requirements applicable to this project.

Provide IMSA Certified Technician Certificate(s): Awarded Contractor shall have an IMSA Certified Technician Level 1 or above , employed to provi de the City traffic signal repairs. The Contractor shall submit a copy of the ISMA certified technician’s certificate to t he City of Visalia within ten (10) days of receiving a Notice of Award from the City an d upon each annua l renewal of this contract. It is the responsibility of the Contractor to keep the IMSA certifi ed technician’s certificate current and valid at all times through the life of this contract. If, during the life of this contract a new Level 1 Technician is 281

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employed to perform work under t his contract, the Contractor shall immediately provide a copy of that Technician’s IMSA certificate to the City and again at subsequent contract renewals.

ON CALL SERVICE
 The Contractor shall provide 24 -hour on call service, including Saturdays, Sundays, and holidays, to provide emergency electrical services on the City’s signalized intersections.  Emergency callouts shall be responded to within one hour of being notified . Failure to respond within the mini mum response time will result in a $100 penalty for each 30 -minute period or portion of a 30 -minute period after the initial one-hour time has elapsed from initial notification .

Emergency callouts will be determined by the designated City representative at such time.

Emergency callouts shall include b ut are not limited to the installation and/o r repair of electrical service p edestals, damaged or knoc ked down traffic signals , safely secur ing electrical wires, or other services required to create safe con ditions. The City w ill provide and maintain tempo rary traffic control for the site after the emergency electrical services have been provided. The contractor is responsible for supplying their own traffic control for the contractor’s work. The contractor shall coordinate w ith a City representative prior to the removal or continuation of any traffic control measures necessary, as related to the emergency electrical services provided by the contractor.  The designated City representatives are:

Traffic Safety Engineer
Public Works Manager, Streets/Traffic Maintenance
Streets and Traffic Safety Supervisor
Senior Maintenance Electrician /Traffic Signal Technician Director of Public Works
City Manager or Assistant City Manager
 The Contractor shall respond to the site of the work for all minor repair s within 2 working days when said minor repairs are due to an emergency situation.  Minor repairs shall include but not be limited to the ins tallation and/or replacement of; traffic signal indicators, pedestr ian heads, ped estrian push buttons, turned tr affic signal heads, trenching, installing conduit, pulling electrical wire, installing pull boxes, and other repairs as directed by the City of Visalia.
 The Contractor shall provide the City with the name, address, telephone number, cellular number, and other contact information of at least two (2) persons who will be available for emergency repair of the traffic signals and notify the City of an y changes to the contact information within two (2) business days. If the contractor uses an answering service/ dispatch service , that contact information shall be provided.

PROSECUTION OF WORK
 When equipment failures and/or damage to existing equipment occur due to unforeseen e vents such as knock-downs, accidents, power irregularities, etc.; TIME IS OF THE ESSENC E in arriving at the scene and taking corrective measures.
 This City estimates an average of 12 incidents per year under this contract.  The Contractor shall prosecute the work in the following manner:
o The Contractor shall at all times m aintain a force of qualified personnel sufficient to perform the work required and described herein. The force of qualified workmen shall be sufficient to respond to emergency calls whi ch may be received at any time and to promp tly make temporary and/or permanent repairs. Immediate action shall be taken to safeguard the public at any time a signal installation becomes partly or fully inoperative from any cause w hatsoever.

Two signal heads facing each approach shall be considere d the minimum acceptable operation pending permanent repairs unless otherwise authorized by the City. o The Contractor sha ll furnish transportation for its employees and equipment used in th e performance of this Con tract. All vehicles shall be licensed in t he State of Ca lifornia and equipped with a wa rning light(s) which is clearly seen from a distance no less than 500’. Al l 282

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vehicles shall be clearly marked with the name of the company. A ll permanent lettering sh all be a minimum of 2”. All vehicles used by the Contractor shall conform to all applicable federal, state, and local laws.

Patrol and supervisory vehicles operate d by t he Contractor in connection with the Contract shall be equipp ed with two -way radio or cellular telephone as a means of expediting and maintaining 24-hour communications with the Contractor’s headquarters and field crews. o The Contractor shall design ate in writing representatives in his organization to whom instructions may be given by the City. One of these representatives shall b e available at all times to the City for consu ltation at no added expense. The Contractor shall furnish the names, addresses, telephone, pager and cellular numbers of its representatives to the City. o Any repair operations found unsatisfactory, any equipme nt found not properly repaired, or any extra work found necessary by the City shall be reported to the Contractor. Upon receipt of such a report, the Contractor shall immediately make the necessary corrections an d perform any work necessary to bring the s ystem up to th e prescribed standard. The Cont ractor shall submit a report within five days to the City indicating that t he work covered by the City’s request has been completed giving the date of completion and a brief statement of the work accomplished.
o The contractor shall meet City Standards in the selection of material and equipment which has been authorized for purchase by the City.
o The Contractor shall erect temporary traffic control such as, barricades, sig ns, cones, flags, and lights as may be requ ired b y the California Manu al on Uniform Traff ic Control Devices, California Supplement, latest edition to protect its wo rkers and the motoring public until all repairs are complete. The City will provide initial temporary traffic control for the emergenc y occurrence.
o The Contract or shall promptly ( in writing within 48 hours) notify the City during the performance of this contract if any unexpected damage or additional repairs are require d to maintain City Standards.
o The Contractor shall promptly notify t he City of the disablement of any piece of equ ipment on any system due to an accident or other cause such as damaged cabl e, broken parts, or other difficulties when such pieces of equipmen t cannot be readily repai red making it necessary to discontinue operation of all or part of the installation.

MATERIAL, LABOR, AND EQUIPMENT TO BE FURNISHED BY THE CONTRACTOR  All workmanship, equipment, materials, miscellaneous items, and component parts incorporated in the work covered by this contract shall meet current City Standards for its intended purpose.

Where equipment, materials, miscellaneous items, or component parts are referr ed to in the Specifications as “equal to” any particular standard, the City will decide the question of equality.

The Contractor shall furnish to the City, for its approv al, the na me of the manufacturer of machinery, mechanical or other equipment which th e Contractor contemplates incorporating in the work, and when requested by t he City, the capacities a nd other pertinent information, including sam ples. Machinery, equipme nt, materi als, miscellaneous items, and components installed or used without such app roval shall be at the risk of subsequent rejection. The Contractor shall fu rnish all transportation, equipment, and materials at his o wn expense, except as specified in E xtra Work. The Contractor shall furnish all necessary testing instruments for making tests and diagnosing the systems or equipment at his own expense. All lock s shall be kept in proper working order at all times. Whenever it is necessary to change, replace, or add new locks to any part of the system, the Contractor shall assume cost of such new locks and keys. Whenever a lock or the tumblers are changed, the C ontractor shall furnish t he City with keys at his own expense. The Contractor shall furnish at his own e xpense, except as specified in Extra Work, a sufficient number of qualified employees who are experienced in the various technical and 283

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mechanical field s associated with the spe cialized equipment at all times to repair the respective systems adequately.
 The Contractor shall maintain adequate storage and shop repair facilities to p erform this Contract, including a reasonable stock of spare parts and equipment for the traffic signals. o The Contractor shall have in stock a minimum of one (1) electrical service pedestal, and one (1) Type 332L signal cabinet.
o The Contractor shall have in stock a minimum of four (4) Type 1 -A (10’) poles with anchor bolts, traffic signal indictors, two (2) 3 section heads, and two (2) double 3 section heads.  This project will be subj ect to all applicable State Wage Determinations. The Contractor will be responsible for paying wages from the State Wage Determinations for all trades. The wages are set forth in the Genera l Prevailing Wage Ra tes for this project, available at City of Vis alia address and available from the California Department of Industrial Rel ations’ Inter net web site:
http://www.dir.ca.gov/oprl/2012-2/PWD/index.htm.

MATERIAL AND EQUIPMENT FURNISHED BY THE CITY OF VISALIA  The City m ay supply the Contractor during any time of the Contract period with its own usable parts, materials and equip ment f rom its own stock or the salvage material procured from the removal of existing systems.
 All parts, materials and equipment furni shed to the Contractor shall be transported by the contractor at the contractor’s sole expense, to the contractor’s wareh ouse, shops or sites, where such materials and equipment are to be stored, re paired or used. Upon receipt of such p arts, materials, and equipment, the Contractor shall acknowledge receipt thereof on forms furnished by the City.
 The parts, materials, and e quipment furni shed by the City and stored by the Contractor shall constitute the City of Visalia Inventory or Parts and Material as used herein.  The City shall have the right to vis it storage facilities and shops at any time for the purpose of examining the City of Visalia Inventory or Parts and Material. The Contractor shall comp ly with any instructions given by the C ity relating to the care, stor age and marking of City of Visalia Inventory or Parts and Material for identification purposes.  At the termina tion of the Co ntract, the complete stock shall be delivered by the Contractor to the City at locations designated by the City with all items replaced or accounted for. The Contract or shall also be solely responsible for any replacements required due to lo ss, theft, burglary, damage or destruction from any cause whatsoever, of any and all such City of Visalia Inventory or Parts and Material.
 Nothing h erein shall be construed as obligating the City to furnish any parts, materials or equipment.

REPAIR REQUIREMENTS

The following services are to be provided by this contract and for furnishing all the materials, supplies, equipment and labor for performing the work specified herein:
 The Contractor shall repair and/or replace damaged signal pole foundations, si gnal p ole anchor bol ts, signal poles, traffic signal heads, traffic signal indicators, electr ical service pedestal, conduits, pull boxes, wiring, pedestrian push button posts, pedes trian push buttons, pedestrian signal heads, emergency vehicle preemption d etectors, vide o detection equipment, vehicle detector loops, the component s within the traffi c signal cabinet, and other traffic signal related equipment necessary to make the traffic signal operational.  The contractor shall adjust misaligned traffic sig nal he ads, ped estrian heads, light fixtures, emergency vehicle preemption detectors, video de tection cameras , or other traffic signal equipment.
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 The Contractor shall obtain the re quired building permits as required by the City of Visalia Building Department. The cost of the building permits will be provided to the Contractor and the fees associated with the building permits will be paid separately by the City.  All repairs and repl acements of damaged equipment shall be constructed in compliance with the latest local, state and industry standards.
 The Contractor shall make a visual inspection o f all the traff ic signal indicators, pedes trian indicators, safety lighting and pedestri an push buttons to ensure the traffic signal is operational after completin g all the nece ssary repairs and before leaving a signalized intersection.
 Secure the site o f the damage d equipment a nd make the situa tion safe u ntil the necessary repair and/or replacement of the damaged equipment can be completed.  Return all damaged, worn out, and obsolete City owned equipment to the City, if requested; otherwise, it shall be disposed of by the Contractor at his expense.

Reporting
 The Contractor shall provide a n itemized list of all the materials provided and/or installed, the names o f the persons responding to each Emergency Electrical Callout, the equipme nt used for each resp onse, the time the contractor arrived at the site f or each Emergency Electrical Callou t incident, and the amount of time each person was at each incident.  The Contractor shall note the site condition when initially arriving at a spec ific location to prov ide Emergency Electrical Services. The description of the vehicles, orientation of th e vehicles, number persons present, and any other pertinent information tha t may be helpful to determine the extent of the damage to equipment owned by the City of Visalia. If photographs are taken of the incident, those pictures shall be submitted to the City of Visalia.  The contractor shall perform a visual inspection of the traffic signa l and note that all the equipment repaired and/or replaced i s properly functioning or that the d amaged equipment has been secured.
 The itemized list of materials an d personnel for each incident shall be included as backup information for each invoice submitted to the City of Visalia for payment.  Each invoice s ubmitted to the City of Visali a for payment shall be received within 60 days of completion of work.

TIMING AND SETTINGS FOR TRAFFIC CONTROL SIGNALS AND TIME CLOCKS

 The Contractor s hall m ake no c hanges in the timing and setting s for the traffic control si gnal systems unless authorized to do so by the City.
o Any authorized field changes to the traffic signal tim ing shall be noted in the traffic signal log and the changes shall be noted in re d on the timing sheet located within the traffic signal cabinet. Al l changes shall be approved by the City prio r to implementation of the changes. A brief explanation of the authorized traffic signal timing changes along with the actual changes and who authorized the changes shall be submitted to the City of Visalia in writing within 72 hours after the changes have been made.

EXTRA WORK SPECIFICATIONS

 Any extra work shall be done unde r the direction of the City and shall conform to the City’s requirements.
 When extra work is authorized by the City, the City will provi de the Contractor with written authorization for the extra work.
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 The C ontractor shall prepare and submit a quote for t he work using the labor, equipment and material rates containe d within the co ntract. Claims for extra work which have not been authorized by the City shall be rejected.
 The Contrac tor s hall furnis h t o the Ci ty itemized statement of the cost of all extra work, which shall include a true copy of the payroll (with appr opriate redaction of personal information i.e. social security numbers and addresses of individual payees) and the original receipted bills for the materials used and any freight cha rges paid on same. Where materials used are not specifically purchased for use on extra work but are taken from the Contractor’s stock, the Contrac tor may submit an affidavit of the quality, p rice and any freight on such materials in lieu of certified cop ies of original bills and invoices. This affidavit must be approved by the City.  The City of Visalia reserves the right to furnish any materials o r parts of extra work, in which case no charge for items so f urnished shall be made by the Contractor. The Contractor shall provide the means to transport, load, and unload any material provided by the City of Visalia.  When the Contractor is authorized to furnish both materials and labor, at the d irection of the City, as expediency, parts may be taken from th e City of Vi salia Inventory. The Contractor shall then either replace the items used or shall provide credit for all materials used for extra work from the inventory showing the entire cost of each item.
 For portions of extra work performed by a subcontractor, the Contractor shall submit to the City in writing the name of the s ubcontractor he intends to utilize and the subcontractor’s cost prior to performance of said work. The City reserves t he r ight to reje ct or appr ove said subcontractor before the wor k is perfor med. All Subcontractors must maintain current registration with the Department of Industrial Relations (DIR) and must be listed on Contractor’s Bid Form.  Additional Subcontractors may be added with prior approval from City’s Project Manager.

SCOPE OF EXTRA WORK

 Repair and/or replacement of major equipment comprisin g a traffic signal which includes traffic signal controllers, detector s, posts, and mast and poles and assembly signal heads, overhead lights, pedestrian heads, foundations, hand holes and cabinets.  Repair an d/or replacement of damaged conduit and damaged or grounded w iring extending beyond the post.
 Diagnosing issues could be considered extra work.
 Relocation of posts or other fixed equi pment. Th e Contractor shall prepare an “as bui lt” drawing showing such new locations and furnish same to the City.

CITY RESPONSIBILITIES

 Compensate the electrical firm as provided in the contract agreement.  Provide a "City Representative " who will repre sent the C ity and who will work with the electr ical firm in carrying out the work required in the RFB.
 Clearly state, either verbally or in writing, the work required before the electrical firm responds.  At times, assist, inspect, and approve the work of the electrical firm.  Assist the Contractor in obtaining any required City of Visalia building permits as it relates to work performed in association with this contract.

VI. PRE-BID AND CONTRACT MEETINGS

1. Informational Pre-Bid Meeting. A non-mandatory pre-Bid meeting will be held on Tuesday, October 31, 2023, at 10:00 a.m. in the Visalia Council Chambers, 707 W. Acequia Avenue, Visalia, CA 93291 . Attendance at this meeting is not required to submit a Bid in response to 286

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this RFB. Information regarding the contract work will be pro vided at that time a nd there will be time allowed for Contractors to ask questions. It sh all be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise.

Contractor shall contact the Project Manager within ten (10) days of the da te of the Notice to Proceed to arrange this meeting.

City Project Manager: Street/Traffic Public Works Manager Department: Public Works

VII. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids s hall be opened pu blicly in the presen ce of attendees, if any, on Tuesday, November 14 , 2023, at 2:00 p.m. at 707 W. Acequia, Visalia CA, City Hall Council Chambers. The name of each Bidder and the amount of each Bid shall be open to public inspection at t he Bid opening and after an award dec ision has been made. Other Bid information will not be available for public review during the evaluation phase.

2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The Ci ty will not expend public funds defending claims for access to, inspection of, or to be provided with copies of any such records. B y submitting a Bid, Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.

After the award, the City intends that its s election process will be open and public.

Respondents are advised that the California Public Records Act (“PRA”) provides t hat any person may in spect or be pr ovided with a co py of any id entifiable public record or document that is not exempted from disclosure by the express provisions of the Act. The Federal Freedom of Information Act (“FOIA”) contains a similar provision. E ach Bidder shall clea rly identify any in formation w ithin its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believes qualifies for exemption from public disclos ure as “Proprietary” or “Confidential” must be ide ntified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” sha ll constitute a waive r of Bidder’s right to object to the release of such information upon request under either Act.

VIII. AWARD

1. Most Responsive, Responsible Bidder . A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reas onable promptness by appropri ate written notice. Award shall be made to the most resp onsive, res ponsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered , and whose Bid is determined to result in the optimum economic advantage to the C ity. A responsible Bidder is one who h as the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the mate rial terms, fo r examp le, price, qua ntity, quality a nd delivery, of this RFB.

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

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

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IX. PROTESTS/APPEALS

Because it is es sential that Bidders have confidenc e in t he procurement procedur es for soli citing and awarding contracts, it is the policy of t he Ci ty to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

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

2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement cont ext, conflict of interest in the rating process and inapprop riate or unfair competitive procurement grievance regarding the Bid process.

3. The City’s Purchasing Division shall have the authority to settle and resolve each protest.

The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.

4. Further levels of appeal may be made in accordance with the appeals provision contained in Chapter 5 of the C ity’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.

X. SPECIAL CONDITIONS

1. Project Administrative Issues

a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and services ne cessary to fulfill the requirements of this RFB.

b. Quantities/Change Orders. The City reserves and shall have the ri ght to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner . Unless otherwise specified herein, the Project M anager shall be and is hereby authorized to make such changes in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract Price, or the amou nt due the Contractor will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.

Should the Contractor disagree with any terms or conditions set forth in an approved contract change or der not execut ed by t he Contractor, the Contractor shall submit a written protest to the City Project Manager/Engineer within 15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-1.03 of the Standard Specifications apply.

If a r equested change order is sent back to the Contractor for r evisions, t he 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 altered work had been a part of the original contract. These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by the City. Change orders for al tered work sha ll in clude exten sions of con tract time where, in the Project 288

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Manager’s opinion, such e xtensions a re commensurate with the amount and difficulty of added work.

Excessive altered work shall be covered by supplemental agree ment that is s ubject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a un it 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.

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

d. Extra Work. Contractor is prohibited from do ing extra work, unless authorized in writing by Pro ject Manager before the work is done. The Project Manager should obtain authorization from the Change Order Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done immediately, the Project Manager may authorize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as agreed to in writing by the Project Manager prior to the Ext ra Work being completed or the Chan ge Or der Committee shall app rove an increase in a Change Order issued after the Extra Work is completed. No additional payment is due for unauthorized Extra Work.

If the Project Manager authorizes Extra Work but th e payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documentation required for a Change Order within forty-five (45) days of completing the Extra Work. T he Project Manager will submit a Ch ange Order reque st for revie w and approval by the Change Order Committee. If the Cont ractor 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.

e. 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.

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

2. City-Contractor Relations

a. Project Manager’s Responsibility and Authorit y. City will designate a Project Manager. All wor k shall be d one under the general supervision of such Project Manager or his or h er designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate o f progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contra ct for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.

b. Contractor/Contractor’s Su perintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project.

Contractor may designate a superintendent.

c. Project Site/Existing Utilities and Structures.
(1) Contractor shall tak e care to avoid, but shall be responsible for , all damage to existing structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities and the like.

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(2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknow n utility, Contractor shall repair the utility.
iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so.

d. Signs, B arricades, and Notice. Contractor must provide and maintain pr oper barricades, fences, signal lights, watchmen, and noti ce in general to the surrounding public, in accord with local, federal, and state requirements.

e. Labor
(1) Workmanship. Workmanship shall be equa l to th e best general practice of modern-day fabrication shops and good construction practice.

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

f. Control of Materials:
(1) Source of Supply and Quali ty of Materials Guarantee. All materials, parts and equip ment s upplied by the Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project.

(2) Equivalent Materials. Trade name s or manufacturer’s catalog information, where used, are a means of i ndicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any res ponsible manufacturer , if such produc ts are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor. City shall be the sole judge as to the adequacy of any item for substitution.

(3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, in stalled, co nnected, erected, used, cleaned and conditioned as directed by the manufacturer.

g. Storage of Materials. Materials shall be stored to e nsure the preservation of their quality and fitness for the project.

Prior approval by Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.

3. Legal Responsibilities.

It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is no t l imited to, compliance with Unifo rm Building, Plumbing, Mechanical, Electric, and Fire Codes.

Contractor shall provide a safe wor king environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes.

Additionally, Contrac tor sha ll secure all necessary permit s, licenses, and similar requirements to carry out the project. Contr actor shall comply with all applicable labor laws and ensure against discrimination.

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XI. GENERAL CONDITIONS

1. It is the policy of t he City to pro vide eq ual opportuni ty to all candida tes when se lecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterp rises ( DBE) will be afforded full opp ortunity to submit proposals in response to this notice. Individuals a nd/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religious cree d, color, natio nal ori gin, ancestry, physical or men tal disability, medical condition, genetic information, marital status , gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be d enied the b enefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.

Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint wa s filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its emp loyees, subcon tractors, vendors or suppliers. A de scription of the status or resoluti on of that complaint, including any remedial action taken, is required.

2. Post-Closing Date Corrections are prohibited.

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

4. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the requ est number, op ening date, and Bidder's return address are on the envelope.

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

6. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests w ill not be accepted.

7. Prices submitted are consider ed accur ate f or a period of ninety ( 90) days and cannot be withdrawn after the Closing Date.

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

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

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

11. A written amendment or addenda issued by City’s Purchasing Division is the only method which should b e relied on with respect to changes t o the RFB. R espondent is responsibl e to contact City’s Purchasing Div ision prior to submitting a Bid to determine if any amendments were made to the RFB.

12. Any contract resulting from the RFB will be joi ntly administered by t he City’s Purchasing Division, and the Department requesting Bids.

13. Prior to conducting business in the C ity, a business tax certificate (license) must be obtained. Call (559) 713-4326 or email [email protected] for more information. 291

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14. Bidder shall provide insura nce as required by law and as indicate d in t he pr oposed contract.

15. Bidder shall maintai n all personnel files and payroll records for employees used to implement the proposed contract.

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

17. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded t o a local merchant to the extent quality and pri ces are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coi n by the Purchasing Division in the presence of at least one witness.

18. The City may make such investigation of the Bidder and in formation in the Bid as it determines necessary. This may include th e c ollection of crimin al history infor mation, contractual and business associations and practices, employment histories and reputation.

19. All California agencies may purchase off the Bid submitted at the same prices, terms, conditions and specificati ons. The City of Visa lia shall incur no re sponsibility in connection with another agency’s purchase.

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

21. The quantities given on th e Bid Proposal form a nd any related contract documents are approximate only. They are give n as a basis for comparison of Bids. The City of Visalia does not, expressly o r impliedly agree that the actual amo unt of work will correspond therewith but reserves the right to increa se or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at th e prices Bid.

22. Bidders shall satisfy themsel ves by personal examination of the work site, spe cifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, requirements, and dif ficulties u nder which the project must be perfor med. The submission of a Bid shall be conclusive evidence that the Bidder has in vestigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be perfo rmed, and t he materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subse quently be made because of lack of such examination or knowledge.

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”). Contractor may be required to sub mit Proposals on alternate items. The City reser ves the right to award the contract b ased on the lowest comb ination or combinations of Bid items and alternate Bid items.

24. No mention shall be made in t he Bid of sales tax, use tax or any other tax, a s all amounts Bid will be deemed and held to include any such taxes, which may be applicable.

Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated wil l cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A C ontractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors. 292

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26. The City of Visalia is no t l iable f or an y costs incurred by Bidder in responding to this Request for Bid.

27. The annual contract resulting from this invitation to bid wi ll be administered by the Public Works Departmen t. However , the City’s Purchasing Division shall be the fina l judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions or scope of the contract.

28. The initial con tract term shall be for a twelve (12) month period and shall, at the City’s option and with the co nsent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one -year periods. Contract shall begin no later than 15 days from the receipt of annual contract.

29. All prices quoted in response to this In vitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement . In order to protect the interests of the City and to give the vend or a reason able basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for p rice increases or decreases for labor and benefi t rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitte d to the project manager in writing a minimum of thirty (30) bu t no sooner than ninety ( 90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time will not be considered.

The unit prices for the ensuing contra cts shall b e based on the movement of the unadjusted figures of the U.S. Bu reau of Labor Statistics, Consumer Price In dex (CPI) for All Urban Consumers (CPI-U) U.S. City Average, All Items. The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twel ve- month period. In no inst ance shall th e price increase exceed 5%. T he contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjus tment of the unit bid price shall not be retroac tive and shall apply only to changes incurred after approval.

If the Contractor shall fail to provide services o r perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by writt en notice.

Termination shall take e ffect ten (10) calendar days after the date of mailing said termination notice.

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

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imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of th e Contracto r’s bid/proposal any time prior to contract execution, or, if deter mined after contract execution, shall b e grounds for termination by the State.

XII. POST AWARD RESPONSIBILITIES

1. Written Contract with City . A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the par ties regarding the project. A contract will be provided with the Notice of Award an d must be exe cuted and returned to Cit y within ten (10) working days of the date of award notification unless otherwise agreed.

2. Post-Award Resp onsibilities. Upon executio n of the Agreement between the City and the Contractor, the Contractor shall immedia tely report a ll changes in its Article s of Incorporation, By-Laws, or Tax-Exempt status to the City.

3. Insurance. Contractor shall obtain and ma intain t he minimum insurance coverage outlined Exhibit “C”, Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.

4. Required Bonds: The Bidder(s) awarded contract(s) pursuant to this RFB will be required to provide to the Cit y of Visalia: 1) a “Performance Bond” and 2) a “Labor and Materials Bond”, each in the amount of 100% of th e contract amount within ten (10) working days of the date of the “Notice of Award”. According to City st andard the surety company mu st be either a California Admitted Surety to its spe cified dollar limitation AND a c urrent A.M.

Best A: VIII rated surety. The Performance bond shall remain in force for one year after the date of completion.

Upon determinatio n by the City that a contrac t ha s been ente red into and Contractor has provided all information required to prov ide pursuant to this RFB, City will is sue, in writing, a notice to proceed on the project to Contractor.

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BIDDING AGENCY:__________________

EXHIBIT “A” BID FORM
RFB NO. 22-23-72

ANNUAL CONTRACT - ON CALL ELECTRICAL SERVICES FOR TRAFFIC SIGNAL REPAIRS

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 22-23-72 dated: ____ ____________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated p roject as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon care ful examination of the work site, instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

BIDDER und erstands that a bid is re quired for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that all prices bid inc lude all appurtenant expenses, t axes, royalti es and fees. All bids wi ll be checked for accuracy. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

BIDDER hereby agrees to execute a contract within ten (10) work ing days, or such further time a s may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, said Purchasing Division may proceed to award the contract to others.

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

BIDDER further declares that he/ she has not either directly or i ndirectly ent ered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitiv e bidd ing in connection with said bid.

A contract shall be awarded to the bidder with the Lowest Total Bid Amount listed in Exhibit “A” - Bid Form, whose bid complies with all the requirements described herein . The quantities given on the Bid Proposal form and any related contract documents are estimates only . They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agr ee that the actual amount of work will correspond therewith and reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

In additio n to c ompleting Bid Form Exhibit “A”, each BIDDER shall complete Exhi bit A.1 (Schedule of Fees) for Electrical Services not included in Exhibit A.

BIDDER has read an d hereby agrees to t he co nditions stated in t his bid request by affixing his/her signature on the Bid Form.

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BIDDING AGENCY:__________________

EXHIBIT “A”

BID FORM/SCHEDULE OF FEES

On-call Electrical Services for Traffic Signal Repairs as specified in RFB-22-23-72 Item
No. Description Units
Unit Cost
(Includes all
labor & taxes)
Estimated
Quantity

Total Amount
(includes all labor &
taxes)
1 Furnish and Install Single Meter Electrical Pedestal
Complete (Type III-BF per City Std. SL-9) 100 amp,
120/240v, single phase

$________

4 $___________
2 Furnish and Install Dual Meter Pedestal Complete
(Type III-CF per Caltrans Std. ES-2F) 100 amps,
120/240 V, single phase

$________

2 $___________
3 Furnish and Install Single Meter Electrical Pedestal
Complete with foundation (Type III-BF per City Std.

SL-9) 100 amp, 120/240v, single phase

$________

4 $___________
4 Furnish and Install Dual Meter Pedestal Complete
with foundation (Type III-CF per Caltrans Std. ES-
2F) 100 amps, 120/240 V, single phase

$________

2 $___________
5 Furnish and Install a Type 332L traffic signal cabinet (per the City of Visalia Standards and Caltrans
Standard Plans & Specifications)

$________

4 $___________
6 Furnish and Install a Type 332L traffic signal cabinet and foundation (per the City of Visalia Standards
and Caltrans Standard Plans & Specifications)

$________

2 $___________
7 Furnish and Install 1-A (10’) signal pole (per
Caltrans Std. Plan ES 7B)

$________

12 $___________
8 Furnish and Install 1-A (10’) signal pole, foundation and anchor bolts (per Caltrans Std. Plan ES 7B)

$________

12 $___________

TOTAL BID AMOUNT

$____________

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(1)
Bidding Firm

(2)
Corporation, Partner, Joint Venture

(3)
Business Address City State Zip Code

Telephone Number Fax Number

E-mail Address

(4)
Signature of Authorized Person (Date)

Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE

(1) If the BIDDER is an individual, enter name here in style u sed in business; if a joint venture, exact name of entities joining in t he venture ; if a partnership, the correct trade sty le of the partn ership; if a corporation, the exact name of the corporation.

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

(3) State on this line , the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed.

(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized off icer or employee; if a par tnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where B IDDER is a pa rtnership or corporation, the names of all other ge neral partners, or the pre sident or secretary of the corporatio n and their business addresses must be shown below.

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

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BIDDING AGENCY:__________________

EXHIBIT “A.1”

SCHEDULE OF FEES FOR ELECTRICAL SERVICES

NOT INCLUDED IN EXHIBIT A
(Schedule of Fees to be provided by each Bidder)

RFB 22-23-72 Traffic Signal Repair
Description Hourly Rate
Hourly Rate – Regular Time
(Tech 1 or higher)

Hourly Rate – Overtime
(Tech 1 or higher)

Material Markup
Discount from List Price
Subcontractor Markup Percentage
Service Truck
Aerial Truck
Compressor
Trencher
Backhoe
Dump Truck
Trailer
Auger
EXTRA WORK: Hourly Rate – Regular
Time
(IMSATech 1 or higher)

Hourly Rate – Overtime
(IMSA Tech 1 or higher)

(1)
Bidding Firm

(2)
Signature of Authorized Person (Date)

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CONTRACTOR/BIDDER INFORMATION

STATE CONTRACTOR’S LICENSE CSLB: ______________________________________________________________

License Classification(s): ___________________________ Expiration Date: __________________________________

CA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) NUMBER: ______________________________________

FEDERAL TAX I.D. NUMBER.: ________________________________________________________________________

CITY OF VISALIA BUSINESS TAX CERTIFICATE NUMBER: ___________________________________________ A City Business Tax Certificate (License) is not required to submit a bid; howe ver, vendor is required to obtain a certificate prior to commencement of work. Contact the Business Tax Division with questions at (559) 713-4326 or email [email protected].

REFERENCES:

The following are the names, addresses, and telephone numbers for at least three (3 ) public agencies for which BIDDER has performed work similar in size and scope within the past two (2) years.

Company Name Address Tel. No. Contact Person

1. 2.

3. DESIGNATION OF SURETIES:

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

Company Name Address Tel. No. Type

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BIDDING AGENCY:____________________________

SUBCONTRACTOR LISTING

The undersigned hereby designates below for the project, opposi te various portions of the work, the n ames an d locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1 /2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned BIDDER. It i s understood that the BIDDER, if awarded the contract, shall not subs titute any subcontractor in place of the subcontractors herein designated without the approval of the Project Manager.

SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)

1. Subcontractor Name:

Performing
_____% of
project work

Asbestos

Boilermaker

Bricklayers

Carpenters

Carpet/Linoleum

Cement Mason

Drywall Finisher

Drywall/Lathers

Electricians

Elevator Mechanic

Glaziers

Iron Worker

Laborers

Millwrights

Operating
Engineers

Painters

Pile Drivers

Pipe Trades

Plasterers

Roofers

Sheet Metal

Sound/Comm

Surveyors

Teamster

Tile Worker

Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

2. Subcontractor Name:

Performing
_____% of
project work

Asbestos

Boilermaker

Bricklayers

Carpenters

Carpet/Linoleum

Cement Mason

Drywall Finisher

Drywall/Lathers

Electricians

Elevator Mechanic

Glaziers

Iron Worker

Laborers

Millwrights

Operating
Engineers

Painters

Pile Drivers

Pipe Trades

Plasterers

Roofers

Sheet Metal

Sound/Comm

Surveyors

Teamster

Tile Worker

Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

3. Subcontractor Name:

Performing
_____% of
project work

Asbestos

Boilermaker

Bricklayers

Carpenters

Carpet/Linoleum

Cement Mason

Drywall Finisher

Drywall/Lathers

Electricians

Elevator Mechanic

Glaziers

Iron Worker

Laborers

Millwrights

Operating
Engineers

Painters

Pile Drivers

Pipe Trades

Plasterers

Roofers

Sheet Metal

Sound/Comm

Surveyors

Teamster

Tile Worker

Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #
If additional space is needed, please list on a separate sheet of paper and submit with bid.

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Submit with Bid
EXHIBIT “B-1”
BIDDER’S STATEMENT ON PREVIOUS CONTRACTS

SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11246)

The BIDDER shall complete the following statement by checking the appropriate blanks:

The BIDDER has____ _ has 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 ____ _ submitted all compliance reports in connectio n with any such contract due under the applicable filing requireme nts; and t hat r epresentations indicating submission of required compliance reports signed by proposed subBIDDERs will be awarded prior to award of subcontracts.

If the BIDDER has participat ed in previous contracts subject to the Equal Employment Opportuni ty Clause and h as no t su bmitted compliance reports due under applica ble filing requirements, the BIDDER shall submit a compliance report on Sta ndard Form 100, “Employee Information Report EE O-I” prior to award of the contract.

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

Company Seal:
(if any)

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Submit with Bid
EXHIBIT “B-2”

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)

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

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national or igin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employe es are tre ated during employment, without regar d to their race, color, religion, gender, national origin or p olitical affiliation. Such action shall include, but not be limited to, the following:
employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection fo r training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notic es to be p rovided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The BIDDER will, in all solicitations or advertisem ents for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will rece ive consideration for employment with out regard to race, color, religion, gender, national origin or political affiliation.

3. The BIDDER will send to e ach labor uni on or representative of workers with which he has a collective bargaining agreement or oth er contract or understanding, a notic e to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.

4. The BIDDER will comply with all provisions of Executi ve Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The BIDDER will furnis h all information and reports required by Executive Order 1124 6 of September 24, 1965, and by the rules, regulations , and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contr acting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of the BIDDER’s non -compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canc eled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with E xecutive Order 11246 of September 24, 1965, and such other sanct ions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

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

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

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Submit with Bid
EXHIBIT “B-3”

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest roo ms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recrea tion or entertainment areas, transportation, and housing facilities provided for employees, that a re segregated by explicit directive or are in fa ct segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.

2. By the submission of a bid, the BIDDER certifies that it does not and will not maintai n or provide for its employees any segregated fa cilities at any of its establishments, and that it does n ot and will n ot permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDE R agrees th at a breach of this certification is a violation of the Equal Opportunity clause in the contract.

3. By submission of the bid, the BIDDER further agrees that ( except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:

(a) Obtain id entical certifications from proposed SUBCONTRACTORs befor e th e award o f subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause; (b) Retain such certifications in its files; and

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES

A certificate of Nonsegregated Facilities must be submitted before the a ward of a subcontract under which the SUBCONTRAC TOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCO NTRACTOR for all subcontracts during a period (i.e., quarterly, semi - annually, or annually).

4. By commencing performance of the Contract work, th e 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:
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Submit with Bid
EXHIBIT “B-4”

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

_________________________, being first duly sworn, deposes and says that he or she is ___ ______ of __________ the party making the forego ing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a f alse or sham Bid, and h as no t directly or indirectly c olluded, cons pired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the BIDD ER has not in any manner, directly or indirectly, sou ght by agreement, communication, or conference with an yone to fix the Bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid price, or of that of any othe r BIDDER, or to secure any advantage against the publ ic body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid are true; and, further, that the BIDD ER has not, directly or indirectly, submitted hi s or her Bid price or any breakdown thereof, or the c ontents thereof, or divulged information or data relat ive 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 Seal:

State of California
County of ________________________

On this __________ day of _______________before me, ________________________________________________, a Notary Public, personally appeared ____________________________________________,who proved t o me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the with in 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 u nder 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. 304

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Submit with Bid
EXHIBIT “B-5”

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

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

I am aware o f the provi sions of Section 3700 of the Labor Co de which requires every employer to be insured against liability for workers’ compensation or to under take self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

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Submit with Bid
EXHIBIT “B-6”

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

By submission of a bid, the B IDDER certifies it w ill comply with the A mericans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Con tract. By commencing performance of the Contrac t work, the selected BIDDER certifies to the Ame ricans with Disabili ties Act compliance.

Company Seal:
(if any)

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Submit with Bid
EXHIBIT “B-7”

DISCLOSURE STATEMENT
(Submit With Bid)

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

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

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

OWNERSHIP DISCLOSURE

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

_________________________________________________________________ Address

List the n ames of all princ ipals, partners, and/or trustee s. For corp orations, p rovide names of officers, directors a nd all stockholders owning more than 10% equity interest in corporation:
_______________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ __________________________________________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Sectio n 84308, also known as the “Lev ine Act,” can prohibit members of t he Visalia City Council from participating in any action related to a contract if he or she receives any pol itical contributions totaling more than $250 wit hin the previous twelve (12) month s, and for twelve (12) months f ollowing 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 rev iewing the names of Visalia Cit y Council Members prior to making the following disclosure.

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a V isalia City Council Member in the twelve ( 12) months preceding th e dat e of t he su bmission o f your pr oposals 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:

Council Member(s) Name Date of Contribution(s)

______________________________ ________________________

Answering YES, does not preclu de 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 Memb er(s) from pa rticipating in any act ions 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 this time after the award, then the awardee is required to update this disclosure form. _________________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company

__________________________________________ _________________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual 307

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Submit with Bid
EXHIBIT “B-8”

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
________________________________________________________________________________________________ I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY (Authorized Signature)

DATE EXECUTED

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

( )
TITLE

CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS

The contractor or grant recipient named above hereby certifie s compliance with Gover nment 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 con trolled substance is prohibited and specifying action s to be tak en against employees for v iolations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:

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

3. Provide as required by Government Co de Section 8355©, that ev ery employe e who works on the proposed contract or grant:

(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statem ent as a co ndition of employment on the contract or grant.

4. At the election of the contractor or grant ee, 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 gr antee and t his state agency without requiring th e contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, then the terms and con ditions of this certifica te shall ha ve the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.

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EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid)
ANNUAL CONTRACT – ON CALL ELECTRICAL SERVICES FOR

TRAFFIC SIGNAL REPAIRS
(City of Visalia Bid No. 22-23-72)

This Agreement, entered into and effective this ________ day of ________________, 2023 [“Effective Date”], by and betw een the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, CONTRACTOR is an ____ ________________ (insert individual or entity type) with a primary business address of ______________________________________ and SSN or EIN: ____________________; and

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

WHEREAS, City of Vi salia reviewe d and evaluated respons es to th e Bid and determined to award a contract to CONTRACTOR for on-call Electrical Services for Traffic Signal Repairs; and

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

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective D ate and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the con sent of the CONTRACTOR, be extended annually therea fter for four (4) consecutiv e one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CI TY any funds and/or accounts re ceivable on hand at tributable to the use of CIT Y funds.

2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 22-23-72, Annual Contract for On-Call Electrical Services for Traffic Signal Repairs
Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-72

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the f ollowing ser vices for th e stated compensation on or before th e stated completion dates (“Scope of Services”):

All work described in Scope of Services in Bid No. 22-23-72.

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4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Assist the Contractor in obtaining any required City of Visalia building permits as it relates to work performed in association with this contract. As requested by Contractor Inspect and approve the work of the electrical firm. As requested by Contractor Pay Contractor within 30 days of receipt of an approved invoice for completed work. As requested by Contractor

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay no t more than the following amount as t otal compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed b ased on invoi ces, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

*CONTRACTOR may elect to avoid the 5% retention by depositing securities of equivalent value pursuant to California Public Contract Code Section 22300.

6. CONTRACT PRICE ADJUSTMENTS:

All prices quoted in response to this Invitation to Bid shall be firm a nd fixed for twelve (12) months from the annual anniversary date of the agreement. In ord er to protect the interests of the City and to give the vendor a reasonab le basis for bidding, a p rice adjustment feature is hereby incorporated i nto the specifications. Prices bid by vendor may be adjusted ann ually at time o f con tract renewal and upon mutual agreement of the parties to the co ntract to allow f or price increase s or decrease s for labor and benefit rates, supplies and materials.

It will be the responsi bility of the contractor to request a price a djustment and t o pro vide all documentation necessary. The request for price adjustm ent must be submitted to the project manager in writing a m inimum of thirt y (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time period will not be considered.

The contract’s unit price changes a s a result of this formula shall be binding on the contractor for the subsequent contract ye ar. The adjustme nt of the uni t bid price shall not be re troactive and shall apply only to changes incurred after approval.

Total Compensation: $
Source of Funds:

Payment Schedule: Within 30 days from date of invoice for completed work , less 5% retention until 35 days after work is completed and accepted by CITY as evid enced by the recordation of a
Notice of Completion*
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IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR

Dated: ___________________ By:______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of Cali fornia that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA

Dated: ____________________ By:______________________________________________________ City Manager

Dated: ____________________ By:______________________________________________________ City Attorney

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager

Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
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Exhibit “C” - Attachment 1

GENERAL CONTRACT PROVISIONS

A. Successors an d Ass igns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

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

C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTR ACTOR, or if sent via the United States Postal Service, postage prepai d, addressed as follows:

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

D. Independent Contractor: It is understood and agre ed by the p arties herein that CONTRACTOR, in the performance of this Agre ement, shall act as an independent contractor, and therefore s hall 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 t he laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in Californi a. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, Cal ifornia. The CONTR ACTOR hereby ex pressly waive s any right to remove any act ion to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of the documents and exhib its or attachme nts referenced herein, which are incorporated by refe rence, represents the enti re understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect w ith respect to those matters cover ed hereunder. This Agreement may not be m odified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

G. Conflict With Law: If any part of this Agreement is found to be in conflict wi th applicable laws, such part shal l be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

H. Indemnification: The CONTRACTOR waives any and all claims and recourse aga inst the CITY, incl uding the right of contribution of loss or damage to pers on or prope rty arising from, growing out of, or in any way connected with or incidental to the CONTRACTO R’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers , agents or emp loyees. The C ONTRACTOR w ill indemnify, hold harmle ss, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTR ACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

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

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

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

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Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into any new contracts with, individuals or entities that are determined to be a target of Economic Sa nctions. Accord ingly, should the State d etermine Contract or is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned indiv iduals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calend ar da ys to provide a written response. Termination shall be at the sol e discretion of the State.

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Exhibit “C” - Attachment 2

INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its so le cost a nd expense, for the full term of this Agreement (and any extensions th ereof), sha ll obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and a ny insurance or self -insurance maintained by CITY shall be in excess o f 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, C ONTRACTOR shall obtain and maintain independent insurance a s to e ach s ubcontractor or otherwise provide evidence of insurance covera ge for each subcontra ctor equivale nt to that re quired of CONTRACTOR.

3. Types of Insurance and Minimum Li mits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:

a. Worker’s Compensation written in acco rdance with t he laws of the St ate of Calif ornia providing coverage for any and all employe es of CONTRACTOR in the minimum statutorily required covera ge amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehi cles used in the perf ormance of th is Agreement, including owned, non-owned ( e.g. owned by CONTRACTOR’s e mployees or contract ors), leased or hired vehicles, in the minimum amount of $1 ,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Comprehensive or Co mmercial Gene ral Liability Ins urance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance c overage required in this Agreement is provided on a “Claims Made” rather than “ Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreem ent (hereina fter “post agreement coverag e”) and a ny extensio ns thereof. CONTRACTOR may maintain the required post agre ement coverage by renewal or purchase of prior acts or tail coverage. Th is provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy pr emium during the term of t his Agreement in order to pur chase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Li ability Insurance sha ll be endorse d t o contain the following clauses:

a. The City of Visalia, its officers , agents, employees, representatives, and volunteers are added as additional insureds as r espects operations and activities of, or on behalf of the name d insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limite d in scope or coverag e, or non -renewed until af ter thirty (30) days prior wr itten notice has been given to the Ci ty Clerk, C ity of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

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evidence of insur ance acceptable to the City of Visalia, which shall be provided by CON TRACTOR’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 Avenue
Visalia, CA 93291

315
316

Agenda Item Wording:
..title
Authorize the City Manager to award an annual contract for RFB 22 -23-72 - On Call Electrical Services for Traffic Signal Repairs to A-C Electric Company of Visalia, CA for an amount not to exceed $430,000 per year, with an option to renew annually for up to four (4) additional one-year terms.

..body
Deadline for Action: 12/4/2023

Submitting Department: Public Works

Contact Name and Phone Number:

Nick Bartsch, Public Works Director, [email protected], 713-4052

Department Recommendation:

Staff recommends that Council authorize the City Manager to award an annual contract for RFB 22-23-72 - On-Call Electrical Services for Traffic Signal Repairs to A-C Electric Company of Visalia, CA for an amount not to excee d $430,000 per year, with an option to renew annually for up to four (4) additional one-year terms.

Background Discussion:

The Traffic Safety Division provides routine maintenance and supporting operation of 140 traffic signals and approximately 2,000 overhead streetlights throughout the City .

However, in the event of knock downs or damage, the City does not own the necessary and appropriate equipment to lift traffic signal poles in to place or construct new pole foundations when required.

In October 2023, Staff solicited RFB 22 -23-72 for On-Call Electrical Services for Traffic Signal Repairs. There are two (2) employees in the Traffic Maintenance Division that provide routine maintenance and supporting operation of street lighting and traffic signals.

This contract augments the operation by providing effective, appropriate repair services for traffic signal and electrical disturbances in the public right of way in emergency traffic- safety situations. This response generally takes place after the initial response of the City’s public emergency response services , and the accident site has been cleared by staff. The City does maintain a limited supply of traffic signal poles and equipment, and this contract also requires the contractor to maintain a certain supply of standard replacement equipment to facilitate prompt repair or replacement of damaged property.

On November 14, 2023, bids were received and publicly opened, with only one bid being received. The bid received was submitted from A-C Electric Company of Visalia, CA.

A-C Electric’s bid was submitted on time and met all the RFB’s requirements. A-C Electric has performed numerous projects for the City of Visalia and was the holder of the prior contract before its expiration earlier this year.

Fiscal Impact:
317
Funding for these services is budgeted within the Traffic Safety Maintenance Division (3126) in the amount of $80,000. While the total bid amount of $430,000 is much higher than the amount budgeted under this account, not all items of work will be performed every year, or necessarily in the quantities estimated. When applicable, restitution will be sought to cover the cost of the repair. Ultimately, the unit prices for individual items of work will be utilized and billed accordingly for work that is performed. Staff will address any budget shortfall within the fiscal year if such occurs.

Prior Council Action:
09/04/2018
Authorize the City Manager to award an annual contract for RFB 17 -18-64, On Call Emergency Electrical Services for Traffic Signals and Street Light Repair.

Alternatives:

Recommended Motion (and Alternative Motions if expected):
..recommendation
I move to authorize the City Manager to award an annual contract for RFB 22 -23-72 – On-Call Electrical Services for Traffic Signal Repairs to A-C Electric Company of Visalia, CA for an amount not to exceed $430,000 per year, with an option to renew annually for up to four (4) additional one-year terms
..end

Attachments:

RFB 22-23-72
Bid Summary
Contract

318
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0479 Agenda Date: 12/4/2023 Agenda #: 14.

Agenda Item Wording:

Department Head Appointment - Request by City Manager for Council approval of the reassignment/appointment of Jason Huckleberry to a Department Head position overseeing Engineering, Development Services and Building Safety Divisions at the salary of $175,000.

Deadline for Action: 12/4/2023
Submitting Department: Administration
Contact Name and Phone Number: Leslie B. Caviglia, City Manager, 713-4332, [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the Visalia City Council approve the appointment/reassignment of Jason Huckleberry to a Department Head position overseeing Engineering, Development Services and Building Safety Divisions.

Background Discussion:

With the recent departure of former Assistant City Manager Nick Mascia, the City Manager assessed the current assignments and, in consultation with key senior staff members, to determine an appropriate distribution of some of his duties within the organization. Based on the heavy workload within the Community Development Department as well as Engineering, a redivision of the Divisions is appropriate. The City Manager is recommending that Jason Huckleberry be promoted to a Department Head position (name of department to be determined). Jason has more than 25 years in the construction/building/engineering industry. He has been employed by the City of Visalia for 12 years, 6.5 years of that time as an Assistant Department Head. Earlier in his career, he spent about 8 years in the Engineering department of other agencies. He also worked in the private land development sector.

If this appointment is approved, the organization would be configured as follows:

Finance and Technology, Fire, Police, Parks & Recreation, Administration Services - No Changes Community Development - Planning, Neighborhood Preservation and Economic Development. The recently approved Sweep Program and Graffiti abatement Program would be transferred to this Department under the Neighborhood Preservation Division.

Public Works - An Engineer/Project Management position will be added to Public Works and once filled, Waste Water Treatment Plant projects will be transitioned to that department, and overtime, Corporation Yard project may also be transitioned. This Department will no longer coordinate Graffiti Abatement or the Sweep Program
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File #: 23-0479 Agenda Date: 12/4/2023 Agenda #: 14.

Administration - This Department will no longer have Engineering. The City Manager will return at the next meeting with an overview of a revised Administration Department.

The City Charter calls of all Department Head appointments to be approved by the City Council; therefore, the City Manager is presenting, for Council’s approval, the appointment/reassignment of Jason Huckleberry to be the Department Head over the Engineering, Development Services and Building Safety Divisions at a salary of $175,000 plus the benefits associated with a Department Head position in the organization.

Fiscal Impact:

Approximately $25,000 increase with salary, car allowance and other associated Department Head benefits.

Prior Council Action: N/A
Other: N/A
Alternatives: To not approve the appointment and direct the City Manager to return with a different reorganization plan.

Recommended Motion (and Alternative Motions if expected):

I move to approve the reassignment/appointment of Jason Huckleberry to a Department Head position at the salary of $175,000.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: N/A
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0378 Agenda Date: 12/4/2023 Agenda #: 1.

Agenda Item Wording:

Special Event Ordinance - A Public Hearing and First Reading of Ordinance No. 2023-12, a request by the City of Visalia to amend Visalia Municipal Code Section 12.48 “Special Events”.

Deadline for Action: 10/16/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Tracy Robertshaw, Neighborhood Preservation Manager, (559)713-4187, [email protected] <mailto:[email protected]> Paul Bernal, Community Development Director, (559)713-4025, [email protected] <mailto:[email protected]>
Department Recommendation:

Staff recommends that the Visalia City Council hold a public hearing, receive a presentation and staff report, and introduce the first reading of Ordinance No. 2023-12 amending Visalia Municipal Code Section 12.48 “Special Events”.

Summary:

On August 21, 2023, a work session item was held with the City Council to conduct a review of current processes and ordinance requirements related to Special Events (Chapter 12.48 of the Municipal Code). During the presentation, and as noted in the staff report, several areas of the Special Events ordinance were identified that required revisions to address current procedural requirements to align with how these applications were being processed by City staff. Based on public input and information provided during the work session, the City Council directed staff to proceed with processing changes to Chapter 12.48.

Overview and Revisions to the Special Events Ordinance (Chapter 12.48):

The following is a summary of the revisions made to the applicable sections of Chapter 12.48 to address and clarify procedural requirements for Special Events.

1. Special Events Committee Name (reference throughout Entire Chapter) Throughout the ordinance, “Special Events Committee” is referenced. This language is misleading since this group is not a committee of appointed members but rather City staff members from various City Departments. In addition, language in the ordinance also requires that the applicant meet with the committee.

The ordinance was updated and all references to “committee”were removed and replaced with “city staff” where appropriate. Additionally, the requirement to meet was removed. If further information is needed from applicants, then staff will reach out to the applicant without the need for a formal meeting.

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File #: 23-0378 Agenda Date: 12/4/2023 Agenda #: 1.

Downtown Annual Community Events Section 12.48.075
This new section was added to assist in establishing and defining long-standing downtown events that have a community and/or regional draw to the downtown area. In soliciting feedback from event organizers over the current special event permit process, a common complaint is compliance with the Good Neighbor Policy even when an event has a long history and is widely accepted by persons along the planned route. In many instances due to the size of large events, compliance with the Good Neighbor Policy can be difficult and time-consuming for applicants. The proposal is to simplify this process for large events that have a longstanding history and an established route/location.

The events that are defined in this section have a long-standing tradition of being held in the downtown area and include, but are not limited to the following:

1. Lions Club Band Review, generally held in October;

2. Hometown Heroes, generally held in October

3. Taste the Arts, generally held in October;

4. Race Against Hunger, generally held on Thanksgiving Day

5. Candy Cane Lane Parade, generally held the Monday after Thanksgiving;

6. Breakfast Lions Club Car Show, generally held in May.

The proposed ordinance includes a process for longstanding events to qualify as this type of event, the definition of a “Downtown Annual Community Events” has also been drafted and defines these types of events as “any large scale annual outdoor public event utilizing public areas, including streets and parking lots in the vicinity of Downtown Visalia, generally identified as the area north of Mineral King Avenue, east of Conyer Street, south of Murray Avenue and west of Tipton Street, that have historically had in excess of 1000 attendees and been held in three of the prior five calendar years before the application was submitted”.

Events that meet the qualifications of a Downtown Annual Community Events, will be able to utilize a streamlined Good Neighbor Policy. This will enable to provide verification of advertisement of the event and copy of the flyers that were passed out along the event route instead of signatures approving the proposed event route. However, if these events modify, by more than twenty five percent, of their location or change in size, then full compliance with the Good Neighbor Policy over the impacted area will be required until the revised event location meets the ordinance requirements.

This same process will also include events that do not require street closures but may still impact traffic such as bicycle races and walks in and along public right of ways that would otherwise require compliance with the Good Neighbor Policy.

All other special event requirements, such as prior submission and approval of traffic control plans, and payment of fees shall be required in advance for these types of events.

Special Event Authorization (Section 12.48.080 and 12.48.90) Language requiring that special events not be permitted for events that are not for strictly commercial reasons was deleted. This avoids placing City staff in a position to determine when an Visalia City Council Printed on 12/1/2023Page 2 of 6
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event is or is not being held for a commercial purpose.

The remaining authorizations focus on requiring events to meet health and safety concerns, along with reviewing whether an applicant has a history of violating municipal requirements.

Rejection and Notice (Section 12.48.090)
The section was updated to simplify the language for denial and notification to the applicant.

2. Insurance, Indemnification, Risk Mitigation Requirements (Section 12.48.100) This section was updated to simplify the language while making sure that activities or events that are protected under First Amendment rights were not infringed upon.

Additionally, a written agreement will be added to the online application process as outlined in

12.48.100 (2) limiting the City’s liability and agreeing to cover expenses incurred by the City because of the event.

3. Monetary Deposits for Certain Special Events (Section 12.48.130) Section 12.48.130 identifies that staff may require an applicant to pay a deposit reasonably calculated to reimburse the city for its reasonable and necessary costs in providing services for a special event. However, a “reasonable calculation / formula” has never been established based on staff’sresearch related to this ordinance provision. This has resulted in no deposits being collected for special events.

The intent of the deposit was to ensure that the public right of way was clear of debris and other items related to the event. Staff researched several ways to calculate a reasonable deposit, determining that the best way to assure compliance was to require that trash receptacles, necessary staff and safety equipment was paid for prior to the event.

The ordinance has been updated to reflect that in lieu of a deposit, the applicant will be required to provide verification that the number of required refuse containers as outlined in the on-line application have been rented for the event. Additionally, if staff determines that police officers, traffic control or fire safety are necessary for the event, documentation will be required prior to the issuance of the permit, that the applicant has secured the determined number of necessary city staff at the hourly rate outlined in the City’s Rates and Fees schedule. The online permitting process will also be updated to reflect the requirements. Applicants will be provided a copy of the proposed billing along with the basis used by City to determine the applicable fee and have an opportunity to appeal this amount if the applicant feels City staff is mistaken in estimating the size and scope of the proposed event. It should be noted that the ordinance also reserves the right of the City to bill event applicants for costs incurred by City after an event if the event results in additional clean-up costs for example.

4. Traffic and Usage of Public Facilities Concerns (Section 12.48.085) There have been concerns raised with City staff about repeated usage of the same streets for special events and whether that can cause disruptions of traffic patterns and parking. Staff identified during the City Council work session meeting that frequent use of public streets and/or public property for events is a matter of public policy that can be set by the City Council through the special event ordinance, which can be worded to generally allow the use of public streets for special events or be more restrictive in the use of streets.

To address traffic pattern disruptions and impacts to adjacent businesses caused by a special event that is consistently held, in the same location, using public streets or publicly owned outdoor Visalia City Council Printed on 12/1/2023Page 3 of 6
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event that is consistently held, in the same location, using public streets or publicly owned outdoor facilities over a specified timeframe in the same calendar year, staff has drafted new Section

12.48.085 for the City Council’s consideration. The new drafted section states:

In order to prevent long term disruption of traffic patterns and to encourage the use of parks and/or public or private facilities, and not public streets for special events, for purposes of this ordinance, the city may determine that an event substantially interrupts the safe and orderly movement of vehicular traffic contiguous to the streets where the proposed event is to be held if the applicant is requesting to hold an event, other than a parade, in a street that will impact traffic patterns for more than twelve (12) days in a calendar year or has filed similar event applications impacting the same streets within the previous twelve (12) months. The city may find that no substantial interruption is occurring if the applicant for the special event, or a sponsor of the special event, is a property owner or tenant of property with street frontage in the area proposed for closure, or if the requested closures for special events only impact alleyways.

This new section provides the City with the ability to encourage the use of parks or public/private facilities for special events, not public streets, when it is found that the use of public streets for special events can cause disruptions of traffic patterns, parking issues when usage of the street for the special event is frequent, particularly when the proposed special event is being conducted by persons that are not associated with the businesses that utilize the street and parking area being used during the special event.

Stakeholders Meeting:

On September 19, 2023, City staff held a meeting with stakeholders to allow them the opportunity to have input on proposed changes as well as weigh in on the possibility of limiting the number of allowed ongoing events.

The meeting was attended by 18 community organizations and/or businesses representing the Chamber of Commerce, Breakfast Lions Club, Tulare County Child Abuse Prevention Council, CASA Tulare County, Pedal Pub, Downtown Visalia, Fox Theater, Visalia Emergency Aid Council, Revel Event Venues, Downtown Farmers Market, and Race Time Services.

The group voiced concerns over the following:

1. Limiting the number of ongoing events.

2. Are the changes necessary based on the actual number of complaints received that warrant the revisions to the special events ordinance.

3. Revisions to the forms and notice policies should be considered.

4. Most felt that changes limiting the number of ongoing events was unnecessary.

Other concerns expressed by the stakeholder group that were not appliable to the ordinance included the following:

1. Good Neighbor Policy clarification.

2. Standardization on the number of required trash receptacles, security, and restroom facilities.

3. Clarification on timeframes and notification when an event has been approved.

In addition to the proposed additions and revisions to the Special Event ordinance, staff is also updating the Good Neighbor policy document and the online application, while also working on an Visalia City Council Printed on 12/1/2023Page 4 of 6
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extensive update to the Special Events webpage.

Fiscal Impact:

N/A
Prior Council Action:

On August 21, 2023, the City Council directed staff to move forward with revising Visalia Municipal Code 12.48 Special Events, subject to conducting outreach and scheduling a meeting with stakeholders.

Other: N/A
Alternatives:

The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1. Refer all parts of the ordinance back to staff for further review; or

2. Direct staff to not process any amendments to Visalia Municipal Code Section 12.48 Special Event; or

3. Continue the matter to a future City Council hearing for additional information.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance 2023-12 amending Visalia Municipal Code Chapter

12.48 Special Events.

Environmental Assessment Status:

The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. A Notice of Exemption No. 2023-49 has been prepared.

CEQA Review:

The ordinance update is exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). Notice of Exemption No. 2023-49 has been prepared.

Attachments:

1. Ordinance No. 2023-12 amending Visalia Municipal Code Chapter 12.48 Special Events

2. Updated On-line Process/Policy Procedures

3. Notice of Exemption No. 2023-49
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4. Power Point Special Event Ordinance First Read
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ORDINANCE No. 2023-_______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING CHAPTER 12.48 OF THE VISALIA MUNICIPAL CODE

RELATING TO SPECIAL EVENTS

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

SECTION 1. The City of Visalia has identified the need to amend the existing provisions to the Visalia Municipal Code to update and streamline the procedure use d for making administrative determinations regarding the authorization of parades and other types of “special events” that take place in or otherwise encroach upon the City’s public right -of-ways or City owned properties such as parks.

SECTION 2. The following provisions in Chapter 12.48 of the Visalia Municipal Code , consisting of sections 12.48.020, 12.48.030, 12.48. 040,

12.48.050, 12.48.060, 12.48. 070, 12.48.075, 12.48.080, 12.48.085, 12.48.090,

12.48.100, and 12.48.130 are hereby added and/or amended as follows with deleted language in strikeout text, and new and/or revised wording in italics:

Section 12.48.020 Definitions.

As used in this chapter, the following terms are defined in this section:
"Applicant" shall mean any person, firm, organization, association, or corporation, and their authorized designees, that has submitted an application f or authorization to conduct, sponsor, or organize an event governed by this chapter.

An applicant must be 18 years of age or older.
"Special Event" shall mean any parade, march, procession, pageant, review, ceremony, festival, assembly or exhibition con sisting of persons, animals or vehicles, or a combination thereof which:

1. Is likely to be, planned to be, or actually conducted in, upon, or along, any portion of any city street, sidewalk, alley, or other public right -of-way, or other property owned or controlled by the city;

2. Is likely to, planned to, or actually does obstruct, delay, impede, impair or interfere with the usual, normal and free pedestrian use, vehicular use, or other lawful use of the location; or is likely to, planned to, or actually does not comply with traffic controls or other applicable law; and

3. Provided, however, that a special event shall not include any association of persons which does not present serious traffic, safety, or competing use concerns beyond those presented on a daily basis by ordinary use of the streets and sidewalks, or which does not otherwise implicate significant government interests.

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“Downtown Annual Community Event” means any large scale annual outdoor public event utilizing public areas, including streets and parking lots in the vicinity of Downtown Visalia, generally identified as the area north of Mineral King Avenue, east of Conyer Street, south of Murray Avenue and west of Tipton Street, that have historically had in excess of 1000 attendees in one day. "Expressive Event" shall mean any special event organized or conducted solely or primarily for the purpose of engaging in spee ch protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution.
"Spontaneous Expressive Events" shall mean any expressive event occasioned by news, affairs, or circumstances coming into publi c knowledge less than five days prior to the date of such event.
"Application Fee" shall mean the fee to be paid by the applicant for a special event at the time the application is filed with the special events committee, or its authorized designee. A f ee schedule shall be authorized or established by resolution of the city council and shall cover the actual full costs (or a portion thereof) of processing special event applications.
"Chief of Police" shall mean the chief of police of the City of Visal ia, or his/her authorized designee.
"City Manager" shall mean the city manager of the City of Visalia, or his/her authorized designee.
"Special Events Committee" or "Committee" shall mean the committee responsible for authorizing special events pursuant to this chapter, or its authorized designee.

Section 12.48.030 General provisions.

A. It is unlawful for any individual, entity, firm, association, or corporation to conduct, aid, or participate in any special event unless it has been approved by the City Manager or their designee committee, and said authorizing documents issued by the city are carried by an individual present at the special event and responsible for ensuring compliance with the provisions of this chapter.

B. It is unlawful for any individual, entity, firm, association, or corporation to participate in any special event with the knowledge that the sponsor of the special event has not been authorized by the committee city or that the sponsor has failed to comply with the conditions of the authorizing documents.

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C. A special event approved by the committee A Special Event permit authorizes the applicant to conduct only such special event as is described in the authorizing documents, and in accordance with the terms and conditions of said documents. It is unlawful for the applicant to willfully violate the te rms and conditions of the authorizing documents, or for any special event participant with knowledge thereof, to willfully violate the terms and conditions of the authorizing documents.

D. Any person willfully violating any provision of this chapter shall be subject to the remedies provided under Chapter 1.13 of the Visalia Municipal Code. In addition to the remedies provided under Chapter 1.13 of the Visalia Municipal code, or as an alternative thereto, such person may also be deemed guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000) for each violation. Violations may also be addressed by civil action in which the violator shall be liable for the full amount of actual costs incurred by the city in connection with t he provision of any city service for, or because of, the special event, including, but not limited to, police services, fire services, emergency services, park services, traffic safety services, and public works services.

E. The committee Special Event permits shall not be processed any application for a special event until the application fee, as set forth in the fire department's the applicable City of Visalia rates and fees schedule, has been paid in full. However, the committee fee shall be waived the application fee if:

1. The applicant presents a verified statement certifying, under penalty of perjury, that:
a. First Amendment expression is the sole or primary purpose of the special event for which the authorization is sought; and
b. Payment of the application fee would be so burdensome that in the absence of a waiver the applicant would be precluded from exercising its First Amendment rights.

2. The applicant describes the nature of the event in narrative form, including details supporting the conclusion that the special event's sole or primary purpose is First Amendment expression; and

3. The applicant explains why payment of the application fee would preclude the applicant's exercise of First Amendment rights.

4. The committee city finds by a preponderance of the evidence that:
a. All information required by this subsection (E) of this section has been provided; and
b. The statement does not contain any material falsehood s or misrepresentations; and
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c. Requiring payment of the application fee would burden the applicant to such an extent that the applicant would likely be precluded from exercising its First Amendment rights.

Section 12.48.040 Applications for non-expressive special events.

A. Unless otherwise specified, the following provisions do not apply to any application for an expressive event.

B. An application for a non-expressive special event shall be submitted at least one month prior to the planned date of the event and no more than one year prior to the planned date of the event, except that applications must be submitted at least two months prior to the planned date of the event if:

1. The event is likely to be, or planned to be, in, upon, or along any portion of any city street, sidewalk, alley, or other public right-of-way; or

2. The event is likely to have, or planned to have, more than one thousand (1,000) persons in attendance.

C. After submitting an application f or a non -expressive special event, the applicant shall schedule at least one meeting with the committee, either in person or via telephone, to coordinate with the city on the conduct of the non -expressive special event and to review the requirements for processing the application.

D.C. Additional All applications materials required by the city committee for non- expressive special events must be received and the application deemed complete no later than seven business days prior to the planned date of the event, except that applications must be complete no later than fourteen (14) business days prior to the planned date of the event if:

1. The event is likely to be, or planned to be, in, upon, or along any portion of any city street, sidewalk, alley, or other public right-of-way; or

2. The event is likely to have, or planned to have, more than one thousand (1,000) persons in attendance.

E. D. An application is complete if the committee all required documentation and materials have bee n has received all information required by per Section 12.48.060 (Application contents).

F.E. If an applicant for a non -expressive special event fails to comply with the requirements of this section, the committee shall deny the application shall be denied in accordance with the provisions set forth in Section 12.48.090 (Rejection and notice).

Section 12.48.050 Applications for expressive events.

A. An initial application for an expressive event shall be submitted at least five business days prior to the planned date of the event and no more than one year prior to the planned date of the event, except that applications must be submitted at least seven business days prior to the planned date of the event if:
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1. The event is likely to be, or planned to be, in, upon, or along any portion of any city street, sidewalk, alley, or other public right-of-way; or

2. The event is likely to have, or planned to have, more than one thousand (1,000) persons in attendance.

B. After submitting an application for an expressive event, the applicant shall schedule at least one meeting with the committee, either in person or via telephone, to coordinate with the city on the conduct of the event and to review the requirements for processing the application.

C.B. For an expressive event not requiring a special event encroachment permit as part of the authorizing documents, and not likely to have, or planned to have, more than one thousand (1,000) persons in attendance, a final decision regarding the authorizatio n of said expressive event shall be made within three business days of the city’s committee's receipt of a complete application.

D.C. For expressive events that require a special event encroachment permit as part of the authorizing documents, or are l ikely to have, or planned to have, more than one thousand (1,000) persons in attendance, a final decision regarding the authorization of the expressive event shall be made within five business days of the committee's receipt of a complete application.

E. Applicants shall be notified of the committee’s decision within one business day after the decision is made.

F.D. In determining whether to authorize an expressive event, or any terms or conditions imposed thereon, the committee shall not, under any circumstances, consider the message of the event, the content of speech, the identity or associational relationships of the applicant, or make any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event shall be considered under any circumstances.

Section 12.48.060 Application contents.

A. Except for spontaneous expressive events, any applicant desiring to conduct a special event or an expressive event shall complete and file with the committee all application documentation provided or otherwise available to the applicant from the city. The applicant shall also provide any additional information required by city for the committee to make the findings required by Section 12.48.080. The city shall assist the applicant should such additional information be required.

B. In addition to the information required by subdivision (A), if a special event is likely to be, or planned to b e, conducted in, upon, or along, any portion of any city street, sidewalk, alley, or other public right -of-way, the applicant shall also submit the following information:

1. A special event encroachment permit application; and 331

2. A plan that demonstrates how the applicant intends to comply with the city's good neighbor policy; and

3. A traffic control plan , when required by the city , and, where applicable, a logistics schedule. A traffic control plan shall be required by the city whe never a proposed special event requires closing a traffic lane in a street or alleyway open to vehicle traffic.

C. In addition to the information required by subdivision (A), if an expressive event is likely to be, or planned to be, conducted in, upon, or along, any portion of any city street, sidewalk, alley, or other public right-of-way, the applicant shall also submit the information specified in subdivision (B), except such applicants shall not be required to comply with the city's good neighbor policy.

Section 12.48.070 Spontaneous expressive events.

A. An authorization pursuant to this chapter is not required to conduct, aid, or participate in any spontaneous expressive event that complies with the provisions of this section.

B. Prior to the start of the event, the organizer of a spontaneous expressive event shall notify the committee appropriate staff of the event and, to the extent reasonably practicable under the circumstances, respond to all appropriate requests for information.

C. A spontaneous expressive event must not present a substantial safety or traffic hazard and must not unduly impede, obstruct, impair, or interfere with the public's use of the street or other public property, the operation of emergency vehicles, the provision of city services, or any lawful competing use of the location where the event is located.

D. If a spontaneous expressive event presents a substantial safety or traffic hazard, or unduly impedes, obstructs, impairs, or interferes with the public's use of the street or other public property, the operation of emergency vehicles, the provision of city services, or any lawful competing use of the location where the event is located:

1. Unless the spontaneous expressive event' s location has special communicative value to the purpose of the event and such value would be lost by moving the event to another location, the event's organizer must make a diligent and good faith effort to relocate the event, and its participants, to another location that does not present a substantial safety or traffic hazard, or unduly impede, obstruct, impair, or interfere with the public's use of the street or other public property, the operation of emergency vehicles, the provision of city services, or any lawful competing use of the location where the event is located.

2. If the spontaneous expressive event cannot be relocated due to the special communicative value of the event's location or the unavailability of another location, then the c hief of police shall take appropriate action to the extent reasonably necessary to eliminate the hazard, risk, interference, or impairment; 332
provided, however, that the chief of police shall not order the area cleared or the cessation of spontaneous express ive activities unless reasonably necessary to avoid imminent danger to person or property.

Section 12.48.075 Downtown Annual Community Events.

A. The City Council finds and declares that it has historically closed City streets in portions of the downtown are a for the purpose of assisting certain community and regional events benefitting downtown Visalia, the community at large and non -profit business organizations operating in the City. Control over the operation of these community and regional events has tra ditionally been turned over to the entity sponsoring the event. The City Council finds and declares that there is a need to provide written guidelines and regulations on how these downtown community and regional events shall operate. In enacting this provision, it is not the intent of the Council to declare all events held in downtown Visalia a declared “Downtown Annual Community Event.” Events not declared a “Downtown Annual Community Event” shall be subject to the provisions of this chapter.

B. Downtown Annual Community Events, include, but are not limited to, the following:

1. Breakfast Lions Club Car Show, generally held in May;

2. Lions Club Band Review, generally held in October;

3. Hometown Heroes, generally held in October;

4. Taste of the Arts, generally held in October;

5. Race Against Hunger, generally held on Thanksgiving Day;

6. Candy Cane Lane Parade, generally held the Monday after Thanksgiving. (a) Any person seeking to have a public event declared a Downtown Annual Community Event shall seek a declaration from the City Council at least ninety (90) days prior to the event. If a street closure is required in connection with the proposed Downtown Annual Event, such request shall be made at the same time. (b) The City Council may by resolution delegate the authority to declare a Downtown Annual Event, and to temporarily close City streets in connection therewith, to the City Manager and/or their designee.

(c) In addition to being an outdoor public event utilizing public areas in Downtown Visalia, with the stated number of attendees, in order to qualify as this type of event the event must show that it has routinely occurred, which can be proved by showing that the event has been held for at least three of the prior five calendar year before the application is submitted. Any year where an applicant can provide reasonable evidence to City staff that the event was planned but not able to move forward due to weather concerns, or public safety issues can still be accounted for as a year the event was held, if the applicant went through the special event permitting process with the City of Visalia and complied with relevant requirements for meeting good neighbor policies with adjacent businesses. 333
C. Permit Requirements for Downtown Annual Community Events. Qualifying events shall meet typical requirements for special events except that the good neighbor policy shall not be required since the event has routinely occurred in the same location. In addition, if an event changes location or increases in size by more than twenty -five percent, then staff can determine the Downtown Annual Community Event has significantly changed and can require compliance with the good neighbor policy over the impacted area.

Section 12.48.080 Special event authorization.

A. A special event shall be authorized if, after consideration of the application documentation provided by or requested of the applicant, along with any other relevant information in the committee's possession, the committee finds that the city determines:

1. The conduct of the special event is not likely to substantially interrupt the safe and orderly movement of traffic contiguous to the area or streets where the proposed event is to be held;

2. The conduct of the special event is not likely to require the diversion of so great a number of city police officers to properly police the streets and area being used, as to prevent normal police protection to the city;

3. The concentration of individuals, animals, and vehicles is not likely to unduly interfere with proper fire and police protection of, or ambulance services to the area, or areas contiguous thereto;

4. That the applicant has provided for an adequate number of monitors to control the orderly conduct of such event;

5. The conduct of such special event is not likely to cause injury to individuals or property;

6. If the special event is a parade, that it will likely move from its point of origin to its point of termination expeditiously and without unreasonably stopping in route;

7. The special event is not to be held for the sole purpose of advertising any product, goods, wares, merchandise , or event, and is not designed to be held purely for private profit;

8. If the applicant has previously received a special event authorization, that the applicant complied with all provisions of this chapter and with all conditions placed on the authorization, has timely paid all applicable fees, charges, and penalties imposed in relation to the authorization, or has entered into a repayment plan for all unpaid amounts and is current on all payments under such plan.

9. The special event complies with the provisions set forth in Section 12.48.100 (Insurance, indemnification, risk mitigation).

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10. The special event is not likely to substantially interfere with municipal services, such as fire or solid waste, shall not interfere with ambulance services, access to emergency services, and shall not substantially interfere with educational activities of public schools near the proposed special event location.

B. Terms or conditions placed on a Special Event by the Committee city shall only be included to the extent that:

1. The term or condition is necessary for the Committee city to make the findings required by subdivision (A) above; or

2. The term or condition is necessary to defray municipal expenses reasonably incurred as a direct result of authorizing the special event.

Section 12.48.090 Rejection and notice.

A. If an applicant fails to comply with the requirements specified in Sections 12.48.040, 12.48.050, 12.48.060, and/or 12.48.080 the committee application shall be denied deny the application and notify and the applicant notified in writing of the committee's action.

B. If, after receiving a complete application, the committee is unable to make the findings required by Section 12.48.080, the committee shall notify the applicant why, based on the information in the committee's possession, the committee was unable to make the required findings and shall request additional information that could enable the committee to make the required findings.

C.B. Any notice of denial shall state with specificity the reasons for the application's denial and shall identify the provision or provisions of this chapter upon which the denial is based.

D.C. All notices sent pursuant to this section shall be deposited in the United States post office in the city, postage prepaid, addressed to the applicant at his/her address as provided in the application, or be sent via electronic mail to the address provided in the application.

Section 12.48.100 Insurance, indemnification, risk mitigation.

A special event authorization shall not be made unless:

A. The applicant has obtained adequate insurance, both in type and amount, as determined by the city's risk manager or designee, which determination shall be based upon the logistics, size and other factors associated with the conduct of the special event. The determination made by the city's risk manager or designee shall be reasonably calculated to protect the city from any liability wh ich may be incurred by the city pursuant to its authorization of the special event.

B. The applicant obtains a waiver for insurance coverage, as provided below.

1. The committee shall waive the requirement for insurance coverage shall be waived if the applicant presents a verified statement, certifying under penalty of perjury, with sufficient information to establish that:
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a. First Amendment expression is the sole or primary purpose of the special event; there will be no fee or donation charged or requested as a condition of admission; the special event will not involve the use of equipment, other than sound equipment; the special event will not involve the sale of alcohol; and b. The applicant or officer of the spons oring organization has determined that the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression; and The cost of obtaining insurance is so burdensome that in the absenc e of a waiver the applicant would be precluded from exercising its First Amendment rights. c. The applicant has been unable to obtain insurance coverage that is within the applicant’s budget, including the name and address of at least two insurance agents or other sources contacted to determine insurance premium rates and suitable insurance through the City of Visalia is unavailable to the applicant.

C. 2. The applicant provides a signed indemnification agreement to reimburse the city for any costs that the city incurs in connection with the special event proximately caused by the actions of the applicant, its officers, employees, or agents, or any person who was, under the applicant' s control insofar as permitted by law. Applicants that obtain a waiver for insurance coverage will not be required to submit the indemnification form. The agreement shall also provide that the applicant shall hold harmless, indemnify and defend the city, i ts officials, members, agents and employees against any claims, costs, damages, demands, liability and notices, or any of these, arising or resulting from any damage or injury proximately caused by actions of the applicant in connection with the special event, regardless of whether the city is actively negligent or passively negligent, except for those claims, costs, damages, demands, liability and notices, or any of these, caused solely by the negligence or willful misconduct of the city. Persons who merely join in a parade or event are not considered by that reason alone to be "under the control" of the applicant; and
D. 3. The applicant agrees to cooperate with the city to respond to risks, hazards, and dangers to public health and safety that are reasonably foreseeable consequences of the special event.

Section 12.48.130 Deposits Fees for certain special events.

A. Generally.

1. The committee may require the applicant to pay a deposit Fees reasonably calculated by the City using the applicable adopted City of Visalia Rates and Fees for services to reimburse the city for its reasonable and necessary costs in providing services for a special event shall be paid for prior to the issuance of the permit. City staff will provide the applicant with the basis used by the City for determining the applicable required services, which will use the estimated size and scope of the proposed event.
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2. If the applicant disputes the amount of a deposit fees, he or she may appeal to the city manager or his/her designee within five business days after receipt of the deposit determination.

B. Cleanup deposits.

2. 1. The applicant for a special event involving the sale of food or beverages, erection of structures, horses or other large animals, water aid stations, or the use of public streets, sidewalks, or any public right of way shall provide verification that the required amount of refuge containers will be available during the event. cleanup deposit prior to the authorization of a special event. The cleanup deposit shall be in the amount established in the master fee resolution.

2. The cleanup deposit shall be returned to the applicant after the special event if the area used for the special event has been cleaned and restored to the same condition as existed prior to the event, or, if no authorization has been made on an application, to the applicant after the planned date of the event as identified in the application has passed.

3. 3. If the property used for the event has not been properly cleaned or restored, the applicant shall be billed for the actual cost incurred by the city for cleanup and restoration . and the cleanup deposit, or a portion thereof, shall be applied toward payment of the bill. Should there be any u nexpended balance on deposit after completion of the work, this balance shall be refunded to the applicant. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the city upon the applicant's receipt of the bill.

4. If the applicant disputes the amount of a deposit fees or billed amount for city reimbursement for clean -up expenses, he or she may appeal to the city manager and/or their designee within five business days after receipt of the billed amount.

BC. Waiver of deposits fees for expressive events.

1. The City committee shall waive the requirements for staff fees and/or refuge containers a deposit if the applicant presents a verified statement, certifying under penalty of perjury, explaining in sufficient detail for the committee to determine that:
a. First Amendment expression is the sole or primary purpose of the special event; and
b. Payment of the deposit fees would be so burdensome that in the absence of a waiver the applicant would be precluded from exercising its First Amendment rights.

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SECTION 3. In addition to the revisions and additions above to update and streamline the process for special events permits, the Visalia City Council finds that the use of public streets for special events can cause disruptions of traffic patterns, parking issues when usage of street for special events is frequent, particularly when the proposed special event is being conducted by persons that are not associated with the businesses that utilize the street and parking area being used during the special event, and that Visalia City Council would encourage the use of parks or public/private facilities for special events, not public streets, the Visalia City Council is hereby adding section 12.48.085 – Restrictions on the usage of public street for special events to the Visalia Municipal Code:

Section 12.48.085 Restrictions on usage of public streets for special events.

In order to prevent long term disruption of traffic patterns and to encourage the use of parks and/or public or private facilities, and not public streets for special events, for purposes of this ordinance, t he city may determine that an event substantially interrupts the safe and orderly movement of vehicular traffic contiguous to the streets where the proposed event is to be held if the applicant is requesting to hold an event, other than a parade, in a stre et that will impact traffic patterns for more than twelve (12) days in a calendar year or has filed similar event applications impacting the same streets within the previous twelve (12) months. The city may find that no substantial interruption is occurrin g if the applicant for the special event, or a sponsor of the special event, is a property owner or tenant of property with street frontage in the area proposed for closure, or if the requested closures for special events only impact alleyways.

SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 5. This Ordinance shall take effect thirty days after its adoption.

SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law. 338

CITY OF VISALIA

SPECIAL EVENTS APPLICATION AND PERMIT PACKET

PLEASE TAKE TIME TO REVIEW THE SPECIAL EVENTS PERMIT APPLICATION AND INSTRUCTIONS BEFORE YOU BEGIN COMPLETING THE APPLICATION FORM.

PLEASE ALLOW A MINIMUM OF 60 DAYS FOR THE PROCESSING OF THE SPECIAL EVENTS PERMIT

APPLICTATION

Non-refundable Permit Fee
The fee for a Special Event is $64.00 and is non-refundable.

Cancellations
If the event organizer, for any reason, cancels their event they must notify the City in writing or electronically.

ADVERTISING OF THE EVENT PRIOR TO APPROVAL OF THE PERMIT IS DISCOURAGED

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Below are typical special event requirements, not all may apply to your event. Once your event has been reviewed by the Special Events Committee, a list of requirements will be forwarded to you.

Liability Insurance – Comprehensive general liability insurance coverage in the minimum amount of $1m (one million dollars), combined single limit per occurrence naming the City of Visalia as “additionally insured” is required for all even ts. Liquor Legal Liability Insurance is required if alcohol sales are taking place at the event. One-time event insurance is available for purchase by contacting the City ’s Risk Management division at 220 N Santa Fe. Questions related to insurance should be directed to the City ’s Risk Management Division, (559) 713-4300.

Insurance Certificate shall state the following: City of Visalia, its officers, agents, employees, representatives and volunteers are named as Additional Insured under the General liability as respects to the operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.

Alcohol Beverage Control (ABC) License to Sell Permit - Events selling/serving alcohol will need an (Hyperlink-ABC License ) Permit. The application will need to be submitted to Special Events for the Visalia Police Department approval signature. For more information visit the California Alcohol Beverage (hyperlink to website).

Security – Some events, especially those serving alcohol, will be required by the Visalia Police Department to provide private security. Security guards must be registered with a certified agency and a copy of the security contract must be submitted verifying the services. Events without alcohol shall have 1 guard for every 250 guests, and for events with alcohol there shall be no less than 1 guard for every 150 guests.

Site Plan – An event site plan must be included with each application. This is a map of the venue identifying streets surrounding the site as well as the event layout itself. Items to be included on the Site Plan are :
stages, bleachers, portable restrooms, booths, vendors, tents, cooking areas, trash receptacles, generators or electrical sources and other temporary structures. If the event is all ages and alcohol will be on site, must show beer garden with security gu ard stations. If the event is ages 21+ and alcohol will be on site, must show where security guards will be stationed.

Traffic Control Plan – The purpose of the Traffic Control Plan (TCP) is to safely control all modes of travel (vehicle, pedestrian, bicycle) around the event site, parade, or route that is held within the public right-of- way.

Traffic Control Plan Requirements
 Be legible, include north arrow, and submit on paper 8.5”x11” minimum or 11”x17” maximum.  Show all moving routes, indicate direction of travel, show all street or lane closures, and include plans for barricades and signage, and parking restrictions if needed.  Depending on the location and size of the event, a detour route may be required. 340
 Standard Barricades with “ROAD CLOSED ” signs mus t be placed across the street at each intersection of the designated closure. (hyperlink-Sample Traffic Control Plan)  Some road closures (depending on location and duration) may require Portable Changing Message Signs (PCMS) be placed up to fine (5) days in advance of the event.  Barricades, signs and PCMS boards will not be furnished, nor placed by the City. The Event organizer is responsible for meeting this requirement.
 The event organizer is responsible for removing all traffic control equipment within one hour of the end of the event.
 Parking Restrictions- When restrictions for on-street parking and/or parking spaces within a public parking lot are part of the Traffic Control Plan, “NO PARKING signs are required to be in place to notify the public 24-hours in advance of the event and shall be noted on the Traffic Control Plan. (hyperlink NO PARKING SIGNAGE TEMPLATE)
o No part of the sign may be handwritten. Use the same font and size as given on template. o Signs are to be placed either on traffic cones or flexible traffic delineators set on curb, at every other parking stall line. When parking stall lines are not marked, signs shall be spaced no more than 100 feet apart.
o When an entire public parking lot is restricted, signs may be placed at the entrance. o (hyperlink - Exhibit-Example of on-street parking restrictions)  Depending on the size and complexity of the event, a logistics schedule may be required detailing times for various phases of the event such as setup, take down etc.  Questions related to traffic control plans or street closures should be directed to the Traffic Safety Division at (559)713-4633.

Encroachment/Temporary Street Closures – Applications for (hyperlink - Encroachment/Temporary Street Closures) shall be made in person or in writing as early as practical, but no less than ten (10) working days prior to the event.

Good Neighbor Policy – One of the criteria for a street closure is compliance with the Good Neighbor Policy.

This requires event organizers (except those events deemed a Downtown Annual Community Event pursuant to Visalia Municipal Code Section 12.48.075) to submit a Good Neighbor Petition (hyperlink - Good Neighbor Petition) with signatures of property owners and/or business who will be affected by the proposed street closure. This petition must show at least sixty percent (60%) of those properties and/or businesses affected by the closure are in favor of the street closure.

The applicant must provide each affected property owner/occupant and/or business with an 8 ½” by 11” flyer that contains:
 Front Side- Name of the event; brief description such as parade, rally, etc.; day of week and date; time; location; contact name and phone number.
 Back Side-Route Map and/or location Site Map.

Good Neighbor Policy - Downtown Annual Community Events - For those events that are deemed Downtown Annual Events or those that do not require street closures, but will impact traffic (such as 5K Runs, bicycle races, walks along the sidewalk) are not required to submit a Good Neighbor Petition.

However, must provide a copy of a flyer and/or other verification confirming advertisement of the event. 341
Note: Compliance of the Good Neighbor Policy does not guarantee approval of a Street Closure Permit; other factors such as impact on traffic flow and public safety are also considered.

Depending on the type of event, day and time, some properties (i.e., church, school, hotel, etc.) may be severely impacted by the event. At the discretion of the City, some properties may require a letter stating that they have been adequately notified in lieu of signing the Good Neighbor Petition.

Park/Facility Reservations – Any event that is planned in a City park or facility must have a park/facility permit. This can be obtained at the Parks and Recreation Department located at 345 N. Jacob Street or online (hyperlink). Park rental, facility rental and special event fees apply. Please note that Garden Street Plaza is a City Park and must follow the park reservation process.

Business Tax Certificate – All vendors and show promoters must have a City of Visalia (hyperlink - Business Tax Certificate.) If they do not have one already, they can obtain a Business Tax Certificate at City Hall East, 315 E. Acequia. Questions should be directed to (559) 713-4326.

Food and Beverage at Special Events – Contact the Tulare County Health Department to determine permit needs for your event.

If food preparation is taking place on site, you will also need to contact the Visalia Fire Department Prevention Division at (559) 713 -4266 to determine if an inspection is required. (hyperlink - Fire Requirement)
Tents and Canopies - A permit is required for tents and/or canopies when the following conditions exist.  Tents and canopies open on all sides 700 square feet or more.  Tents and canopies with sides exceeding 400 square feet.  Multiple tents and/or canopies side-by-side exceed 700 square feet total.

For more information contact the Visalia Fire Department Prevention Division at (559) 713-4266.

Recycling – The City of Visalia encourages recycling efforts at all events. Event needs vary based on the type of products that are used or sold. The City of Visalia Natural Resources Conservation Division works in partnership with local agencies, venues, and special events to implement comprehensive recycling and waste reduction programs. Event planners can rent large commer cial bins for general recyclables or borrow Clear Stream containers (at no charge) to help you capture cans and bottles.

Depending on your event size, duration and location, the Natural Resource Conservation Division will help your event “Go-Green”.

Clear Stream containers are durable, easy to use CRV recycling containers that are easy to set up, move and empty. To arrange for free use of these containers, please contact the City of Visalia Natural Resource Conservation Division at (559) 713-4532.
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Solid Waste – Successful special events provide a clean environment for participants and spectators and leave the site clean for public use. Containers in a park or along the streets are for daily use and are not intended to accommodate large special events. It is the event organizer’s responsibility to make sure that adequate refuse containers and service is available per the following requirements:
1 set (2 cans) of Special Event Refuse cans for less than 100 people 2 sets (4 cans) of Special Event Refuse cans for 100 to 250 people 3 sets (6 cans) Special Event Refuse cans for every 250 people Additional 3 sets (6 cans) For Each Additional 250 people (Hyperlink Applications) for trash receptacles or bins shall be taken to City of Solid Waste Division located at 707 W Acequia Ave. For more information contact the City’s Solid Waste Division at (559) 713-4296.

Portable Restrooms – Public restroom needs are determined by event location and size. It is the event organizer’s responsibility to ensure adequate restrooms are available for the public ’s use. It is recommended that event organizers consider handicap accessible units and hand washing stations when determining event need s. If restrooms are required, applicant must provide verification/receipt on confirming the pick up date with 24 to 48 hours after the event.

Revocation of Permit - Any permit issued shall be immediately revoked by the City Manager or designee if it is found that the requirements of the Special Event permit has not been met.

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Environmental Document # 2023-49

NOTICE OF EXEMPTION
City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
(559) 713-4359

To: County Clerk
County of Tulare
County Civic Center
Visalia, CA 93291-4593

Ordinance No. 2023-12, a request by the City of Visalia to amend Visalia Municipal Code Section 12.48 “Special Events”.

PROJECT TITLE

City Wide

PROJECT LOCATION

Visalia Tulare

PROJECT LOCATION - CITY COUNTY

Ordinance No. 2023 -12, a request by the City of Visalia to amend Visalia Municipal Code Section 12.48 “Special Events”.

DESCRIPTION - Nature, Purpose, & Beneficiaries of Project

City of Visalia, Attn: Brandon Smith, 315 E. Acequia Avenue, Visalia CA 93291, (559) 713-4636, [email protected]

NAME OF LEAD AGENCY APPROVING PROJECT

City of Visalia, Attn: Tracy Robertshaw, 315 E. Acequia Avenue, Visalia CA 93291, (559) 713-4187, [email protected]

NAME AND ADDRESS OF APPLICANT CARRYING OUT PROJECT

N/A

NAME AND ADDRESS OF AGENT CARRYING OUT PROJECT

EXEMPT STATUS: (Check one)
Ministerial - Section 15183
Emergency Project - Section 15071
Categorical Exemption - State type and Section number:

Statutory Exemptions- State code number: 15061(b)(3)
Adoption of an ordinance amendment is considered exempt under Section 15061(b)(3) Per Section 15061 (b) (3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

REASON FOR PROJECT EXEMPTION

Brandon Smith, Principal Planner (559) 713-4636

CONTACT PERSON AREA CODE/PHONE

December 4, 2023
DATE Brandon Smith, AICP

ENVIRONMENTAL COORDINATOR
344

345
Special
Events
VISALIA MUNICIPAL CODE 12.48
346
Work Session on August 21, 2023 to Review
VMC 12.48 Special Events
• Identified Areas that Required Revisions
• Meeting Held With Stakeholders
• Reviewed Current Ordinance
• Received Input from Group
The following changes were based on the
review and information received
347
Revisions to Section 12.48
Special Events
• Item No. 1: References to “Special
Events Committee”:
• Throughout Ordinance, “Special Events
Committee” has been replaced with “City
Staff”
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Downtown Annual Community Events 12.48.075
Section created for longstanding events, including:
• Breakfast Lions Club Car Show, generally held in May; • Lions Club Band Review, generally held in October;
• Hometown Heroes, generally held in October
• Taste the Arts, generally held in October;
• Race Against Hunger, generally held on Thanksgiving Day • Candy Cane Lane Parade, generally held the Monday after Thanksgiving.
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This “New” Section Will Simplify Process for
Large, Longstanding, Ongoing Downtown
Events
• Events with Over 1,000 Attendees
• Held in Three of the Prior Five Calendar
Years
• Simplifies the Good Neighbor Policy
• Must Still Provide Other Required Documents
350
Section 12.48.080 Special Event Authorization

12.48.090
• Removed Limitations on Commercial Events
• Focus on Health and Safety Concerns
Section 12.48.090 Rejection and Notice
• Allows Denial if Event Interferes with Municipal
or Public Agency Services
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Section 12.48.100 Insurance, Indemnification,
Risk Mitigation
• Language Simplified
• Still meets First Amendment Rights
• Worked w/ City Attorney’s Office to Create a
Written Agreement Form
352
Section 12.48.130 Monetary Deposits:
• Removed Deposit Requirement
• In Lieu of Deposit, Required to-
 Provide Appropriate Required Trash Receptacles
 Provide Appropriate Staff, Police, Security
 Provide Required Traffic Control
 Must Provide Verification Prior to Issuance of Permit 353
Section 12.48.085 Traffic & Usage Concerns:
• Applies to Repeat Events- 12 or More Calendar Year
• Prevents Long Term traffic Disruptions
• Prevents Long Term Impact to Adjacent Businesses
• May Allow if Applicant Owns or Has a Business
Adjacent to Requested Street Closure
354

QUESTIONS
355
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0472 Agenda Date: 12/4/2023 Agenda #: 1.

Agenda Item Wording:

Upcoming City Council Meetings:

Monday, December 18, 2023 @ 7:00 p.m., Location: 707 W. Acequia Ave, Visalia, CA Tuesday, January 16, 2024 @ 7:00 p.m., Location: 707 W. Acequia Ave, Visalia. CA If you have a disability and require a reasonable accommodation to fully participate in the meeting, please contact Michelle Nicholson, on or before Monday, December 4, 2023 to discuss your accessibility needs: 559-713-4512 or [email protected] <mailto:[email protected]>
If you would like to more information regarding a specific item, contact Michelle Nicholson at 559-713 -4512.

Visalia City Council Printed on 12/4/2023Page 1 of 1
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Visalia City CouncilDecember 4, 2023

Visalia City Council
December 4, 2023