Visalia City Council
December 4, 2023

CITY OF VISALIA, CALIFORNIA
REQUEST FOR BID (RFB) NO. 22-23-71

ANNUAL CONTRACT

ON-CALL ELECTRICAL SERVICES FOR STREET LIGHT REPAIRS

BID SUBMITTAL DEADLINE:

THURSDAY, NOVEMBER 9, 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 10, 2023
October 17, 2023
RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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.

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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.

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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.

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

❑ 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.

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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.

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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.

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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.

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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.

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

• 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.

Respondents are advised that the California Public Records Act (“PRA” ) provides that any person may inspect or be provided with a copy of any identifiable 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 provis ion.

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 RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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 RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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.

22. Bidders shall satisfy themselves by personal exa mination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical c onditions, requirements, and difficulties under which the project must be performed. The submissio n of a Bid shall be RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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 unit prices for the ensui ng contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, C onsumer Price Index (CPI) for All Urban Consumers (CPI-U) U.S. City Average, All Items. The contract unit prices may be changed in an amount equ al to the percentage of movement for the most recent twelve-month period. In no instance shall the price increase exceed 5%.

The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent 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.

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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)

EA

$________

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)

EA

$________ 6

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

EA

$________

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)

EA

$________

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

EA

$________

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

EA

$________

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

EA

$________

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

EA

$________

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

EA

$________

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)

EA

$________

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

EA

$________

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)

EA

$________

6 $_________
TOTAL BID AMOUNT:

$____________

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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.

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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.

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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 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)

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

Submit with Bid
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:

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

Submit with Bid
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

(c) Forward this certification and the following notice to the proposed SUBCONTRACTORs:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES

A certificate of 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:

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

Submit with Bid
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: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________

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.

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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 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.

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

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

Submit with Bid
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: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________

Company Seal:
(if any)

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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 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
RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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
RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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.

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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.

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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 RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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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Annual Contract for On-Call Electrical Services for Street Light Repairs

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.

H. Indemnification: The CONTRACTOR waives an y and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or proper ty arising from, growing out of, or in any wa y connected with or incidental to the CONT RACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees.

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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Annual Contract for On-Call Electrical Services for Street Light Repairs

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.

RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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.

If any insurance coverage required i n this Agreement is provided on a “Claims Made” ra ther than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a per iod of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extens ions thereof.

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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Annual Contract for On-Call Electrical Services for Street Light Repairs

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