RFB 22-23-72 On Call Electrical Services for Traffic Signal Repairs

CITY OF VISALIA, CALIFORNIA
REQUEST FOR BID (RFB) NO. 22-23-72

ANNUAL CONTRACT

ON-CALL ELECTRICAL SERVICES FOR TRAFFIC SIGNAL REPAIRS
BID SUBMITTAL DEADLINE:

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

The City of Visalia expressly 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 Labor 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 current registration for the life of the contract.

Advertised: October 17, 2023
October 24, 2023

TABLE OF CONTENTS
I. DEFINITIONS 1
II. INTRODUCTION 1
III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS 1
IV. INSTRUCTIONS 5
V. SCOPE OF SERVICES/PROJECT 5
VI. PRE-BID AND CONTRACT MEETINGS 11
VII. BID OPENING AND CONFIDENTIALITY 11
VIII. AWARD 11
IX. PROTESTS/APPEALS 12
X. SPECIAL CONDITIONS 12
XI. GENERAL CONDITIONS 15
XII. POST AWARD RESPONSIBILITIES 18

EXHIBITS
A. BID FORM
B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM B-1. Bidder’s Statement on Previous Contracts Subject to EEO Clauses B-2. Equal Employment Opportunity Compliance Certificate B-3. Certificate of Non-Segregated Facilities
B-4. Non-Collusion Affidavit
B-5. Worker’s Compensation Insurance Certificate
B-6. Americans with Disabilities Act Compliance Certificate B-7. Disclosure Statement
B-8. Drug-Free Workplace
B-9. Iran Contracting Act Certification
C. SAMPLE ANNUAL CONTRACT WITH ATTACHMENTS
ATTACHMENT 1 – General Contract Provisions
ATTACHMENT 2 – Insurance Requirements
D. SEPARATE ATTACHMENTS
D-1. CITY OF VISALIA, CA – LIST OF HOLIDAYS
D-2. STATE OF CALIFORNIA PREVAILING WAGES
D-3. CITY OF VISALIA LABOR COMPLIANCE MANUAL
I. DEFINITIONS
For the purposes of RFB No. 22-23-72, the following terms shall have the meanings indicated:
“City” means the City of Visalia
“City Council” means the Council of the City of Visalia

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

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

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

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

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

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 Code and has a current Class A, General Engineering or a combination of Class C licenses to perform all aspects for project work. See Section III for additional Department of Industrial Relations Requirements applicable to this project.

Additional Certification(s) required: IMSA Certified Technician Certificate Use of Subcontractors: Your bid may include subcontractors and you should clearly delineate the responsibilities of each of those participants in the bid. However, the City will recognize the party legally signing the Bid Proposal as prime contractor and contacting party, who, as such, will assume ultimate responsibility for ensuring compliance with the specifications, terms and conditions of the Invitation to Bid. The Contractor shall perform work equaling at least fifty-one percent (51%) of the value of the original total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators.

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

Encroachment Permit/Traffic Control: 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 Contractor Registration Program and Project Labor Agreements Notice is hereby given that work performed under this contract is subject to DIR monitoring. 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 annual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner.

No contract will 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.

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

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

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

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

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

The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention 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 contractor 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, classification, or type of worker needed to execute the contract at each job site.

In accordance with labor code section 1776 and its enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015, each project contractor and subcontractor shall; Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.

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

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 wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).

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

As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance 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.

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

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

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 diligently 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.

As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public 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 accordance 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 applicable apprenticeship program that can supply apprentices to the site of the public work.

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

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

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

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

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 section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract.

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

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

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

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

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

As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code 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 for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:

HYPERLINK "http://www.dir.ca.gov/OPRL/PWD/index.htm"http://www.dir.ca.gov/OPRL/PWD/index.htm and HYPERLINK "http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp"http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp (State Wages) For RFB 22-23-72 the subsequent contract is an annual renewable contract with a potential of 5 years maximum and will involve multiple projects annually. The Awarded Contractor will be responsible for paying the current prevailing wage rates as of the date that work is performed.

IV. INSTRUCTIONS

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

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

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

To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
From: Bidders Name & Mailing Address
Marked: Annual Contract for On-Call Electrical Services for Traffic Signal Repairs RFB No. 22-23-72

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

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

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

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

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

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

CERTIFIED TECHNICIAN:

Provide IMSA Certified Technician Certificate(s): Awarded Contractor shall have an IMSA Certified Technician Level 1 or above, employed to provide the City traffic signal repairs. The Contractor shall submit a copy of the ISMA certified technician’s certificate to the City of Visalia within ten (10) days of receiving a Notice of Award from the City and upon each annual renewal of this contract. It is the responsibility of the Contractor to keep the IMSA certified technician’s certificate current and valid at all times through the life of this contract. If, during the life of this contract a new Level 1 Technician is employed to perform work under this contract, the Contractor shall immediately provide a copy of that Technician’s IMSA certificate to the City and again at subsequent contract renewals.

ON CALL SERVICE
The Contractor shall provide 24-hour on call service, including Saturdays, Sundays, and holidays, to provide emergency electrical services on the City’s signalized intersections.

Emergency callouts shall be responded to within one hour of being notified. Failure to respond within the 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 determined by the designated City representative at such time. Emergency callouts shall include but are not limited to the installation and/or repair of electrical service pedestals, damaged or knocked down traffic signals, safely securing electrical wires, or other services required to create safe conditions. The City will provide and maintain temporary traffic control for the site after the emergency electrical services have been provided. The contractor is responsible for supplying their own traffic control for the contractor’s work. The contractor shall coordinate with a City representative prior to the removal or continuation of any traffic control measures necessary, as related to the emergency electrical services provided by the contractor.

The designated City representatives are:

Traffic Safety Engineer
Public Works Manager, Streets/Traffic Maintenance
Streets and Traffic Safety Supervisor
Senior Maintenance Electrician /Traffic Signal Technician Director of Public Works
City Manager or Assistant City Manager
The Contractor shall respond to the site of the work for all minor repairs within 2 working days when said minor repairs are due to an emergency situation.

Minor repairs shall include but not be limited to the installation and/or replacement of; traffic signal indicators, pedestrian heads, pedestrian push buttons, turned traffic signal heads, trenching, installing conduit, pulling electrical wire, installing pull boxes, and other repairs as directed by the City of Visalia.

The Contractor shall provide the City with the name, address, telephone number, cellular number, and other contact information of at least two (2) persons who will be available for emergency repair of the traffic signals and notify the City of any changes to the contact information within two (2) business days. If the contractor uses an answering service/dispatch service, that contact information shall be provided.

PROSECUTION OF WORK
When equipment failures and/or damage to existing equipment occur due to unforeseen events such as knock-downs, accidents, power irregularities, 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:

The Contractor shall at all times maintain a force of qualified personnel sufficient to perform the work required and described herein. The force of qualified workmen shall be sufficient to respond to emergency calls which may be received at any time and to promptly make temporary and/or permanent repairs. Immediate action shall be taken to safeguard the public at any time a signal installation becomes partly or fully inoperative from any cause whatsoever. Two signal heads facing each approach shall be considered the minimum acceptable operation pending permanent repairs unless otherwise authorized by the City.

The Contractor shall furnish transportation for its employees and equipment used in the performance of this Contract. All vehicles shall be licensed in the State of California and equipped with a warning light(s) which is clearly seen from a distance no less than 500’. All vehicles shall be clearly marked with the name of the company. All permanent lettering shall be a minimum of 2”. All vehicles used by the Contractor shall conform to all applicable federal, state, and local laws.

Patrol and supervisory vehicles operated by the Contractor in connection with the Contract shall be equipped with two-way radio or cellular telephone as a means of expediting and maintaining 24-hour communications with the Contractor’s headquarters and field crews.

The Contractor shall designate in writing representatives in his organization to whom instructions may be given by the City. One of these representatives shall be available at all times to the City for consultation at no added expense. The Contractor shall furnish the names, addresses, telephone, pager and cellular numbers of its representatives to the City.

Any repair operations found unsatisfactory, any equipment 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 perform any work necessary to bring the 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.

The contractor shall meet City Standards in the selection of material and equipment which has been authorized for purchase by the City.

The Contractor shall erect temporary traffic control such as, barricades, signs, cones, flags, and lights as may be required by the California Manual on Uniform Traffic Control Devices, California Supplement, latest edition 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.

The Contractor shall promptly (in writing within 48 hours) notify the City during the performance of this contract if any unexpected damage or additional repairs are required to maintain City Standards.

The Contractor shall promptly notify the City of the disablement of any piece of equipment on any system due to an accident or other cause such as damaged cable, broken parts, or other 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 workmanship, equipment, materials, miscellaneous items, and component parts incorporated in the work covered by this contract shall meet current City Standards for its intended purpose. Where equipment, materials, miscellaneous items, or component parts are referred to in the Specifications as “equal to” any particular standard, the City will decide the question of equality. The Contractor shall furnish to the City, for its approval, the name of the manufacturer of machinery, mechanical or other equipment which the Contractor contemplates incorporating in the work, and when requested by the City, the capacities and other pertinent information, including samples. Machinery, equipment, materials, miscellaneous items, and components installed or used without such approval shall be at the risk of subsequent rejection. The Contractor shall furnish all transportation, equipment, and materials at his own expense, except as specified in Extra Work. The Contractor shall furnish all necessary testing instruments for making tests and diagnosing 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 the system, the Contractor shall assume cost of such new locks and keys. Whenever a lock or the tumblers are changed, the Contractor shall furnish the City with keys at his own expense. 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 the specialized equipment at all times to repair the respective systems adequately.

The Contractor shall maintain adequate storage and shop repair facilities to perform this Contract, including a reasonable stock of spare parts and equipment for the traffic signals.

The Contractor shall have in stock a minimum of one (1) electrical service pedestal, and one (1) Type 332L signal cabinet.

The Contractor shall have in stock a minimum of four (4) Type 1-A (10’) poles with anchor bolts, traffic signal indictors, two (2) 3 section heads, and two (2) double 3 section heads.

This project will be subject to all applicable State Wage Determinations. The Contractor will be responsible for paying wages from the State Wage Determinations for all trades. The wages are set forth in the General Prevailing Wage Rates for this project, available at City of Visalia address and available from the California Department of Industrial Relations’ Internet web site: HYPERLINK "http://www.dir.ca.gov/oprl/2012-2/PWD/index.htm"http://www.dir.ca.gov/oprl/2012-2/PWD/index.htm.

MATERIAL AND EQUIPMENT FURNISHED BY THE CITY OF VISALIA The City may supply the Contractor during any time of the Contract period with its own usable parts, materials and equipment from its own stock or the salvage material procured from the removal of existing systems.

All parts, materials and equipment furnished to the Contractor shall be transported by the contractor at the contractor’s sole expense, to the contractor’s warehouse, shops or sites, where such materials and equipment are to be stored, repaired or used. Upon receipt of such parts, materials, and equipment, the Contractor shall acknowledge receipt thereof on forms furnished by the City.

The parts, materials, and equipment furnished by the City and stored by the Contractor shall constitute the City of Visalia Inventory or Parts and Material as used herein.

The City shall have the right to visit storage facilities and shops at any time for the purpose of examining the City of Visalia Inventory or Parts and Material. The Contractor shall comply with any instructions given by the City relating to the care, storage 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 locations designated by the City with all items replaced or accounted for. The Contractor shall also be solely responsible for any replacements required due to loss, theft, burglary, damage or destruction from any cause 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 following services are to be provided by this contract and for furnishing all the materials, supplies, equipment and labor for performing the work specified herein:

The Contractor shall repair and/or replace damaged signal pole foundations, signal pole anchor bolts, signal poles, traffic signal heads, traffic signal indicators, electrical service pedestal, conduits, pull boxes, wiring, pedestrian push button posts, pedestrian push buttons, pedestrian signal heads, emergency vehicle preemption detectors, video detection equipment, vehicle detector loops, the components within the traffic signal cabinet, and other traffic signal related equipment necessary to make the traffic signal operational.

The contractor shall adjust misaligned traffic signal heads, pedestrian heads, light fixtures, emergency vehicle preemption detectors, video detection cameras, or other traffic signal equipment.

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 with the latest local, state and industry standards.

The Contractor shall make a visual inspection of all the traffic signal indicators, pedestrian indicators, safety lighting and pedestrian push buttons to ensure the traffic signal is operational after completing all the necessary repairs and before leaving a signalized intersection.

Secure the site of the damaged equipment and make the situation 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 requested; 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 responding to each Emergency Electrical Callout, the equipment used for each response, the time the contractor arrived at the 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 arriving at a specific location to provide Emergency Electrical Services. The description of the vehicles, orientation of the vehicles, number persons present, and any other pertinent information that may be helpful to determine the extent of the damage to equipment owned by the City of Visalia. If photographs are taken of the incident, those pictures shall be submitted to the City of Visalia.

The contractor shall perform a visual inspection of the traffic signal and note that all the equipment repaired and/or replaced is properly functioning or that the damaged equipment has been secured.

The itemized list of materials and personnel for each incident shall be included as backup information for each invoice submitted to the City of Visalia for payment.

Each invoice submitted to the City of Visalia for payment shall be received within 60 days of completion of work.

TIMING AND SETTINGS FOR TRAFFIC CONTROL SIGNALS AND TIME CLOCKS The Contractor shall make no changes in the timing and settings for the traffic control signal systems unless authorized to do so by the City.

Any authorized field changes to the traffic signal timing shall be noted in the traffic signal log and the changes shall be noted in red on the timing sheet located within the traffic signal cabinet. All changes shall be approved by the City prior to implementation of the changes. A brief explanation of the authorized traffic signal timing changes along with the actual changes and who authorized the changes shall be submitted to the City of Visalia in writing within 72 hours after the changes have been made.

EXTRA WORK SPECIFICATIONS
Any extra work shall be done under the direction of the City and shall conform to the City’s requirements.

When extra work is authorized by the City, the City will provide the Contractor with written authorization for the extra work.

The Contractor shall prepare and submit a quote for the work using the labor, equipment and material rates contained within the contract. Claims for 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 appropriate redaction of personal information i.e. social security numbers and addresses of individual payees) and the original receipted bills for the materials used and any freight charges paid on same. Where materials used are not specifically purchased for use on extra work but are taken from the Contractor’s stock, the Contractor may submit an affidavit 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 of Visalia reserves the right to furnish any materials or parts of extra work, in which case no charge for items so furnished shall be made by the Contractor. The Contractor shall provide the means to transport, load, and unload any material provided by the City of Visalia.

When the Contractor is authorized to furnish both materials and labor, at the 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 provide credit for all materials used for extra work from the inventory showing the entire cost of each item.

For portions of extra work performed by a subcontractor, the Contractor shall submit to the City in writing the name of the subcontractor he intends to utilize and the subcontractor’s cost prior to performance of said work. The City reserves the right to reject or approve said subcontractor before the work is performed. All Subcontractors must maintain current registration with the Department of Industrial Relations (DIR) and must be listed on Contractor’s Bid Form.

Additional Subcontractors may be added with prior approval from City’s Project Manager.

SCOPE OF EXTRA WORK
Repair and/or replacement of major equipment comprising a traffic signal which includes traffic signal controllers, detectors, posts, and mast and poles and assembly signal heads, overhead lights, pedestrian heads, foundations, hand holes and cabinets.

Repair and/or replacement of damaged conduit and damaged or grounded wiring extending beyond the post.

Diagnosing issues could be considered extra work.

Relocation of posts or other fixed equipment. The Contractor 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 "City Representative" who will represent the City and who will work with the electrical firm in carrying out the work required in the RFB.

Clearly state, either verbally or in writing, the work required before the electrical firm responds.

At times, assist, inspect, and approve the work of the electrical firm.

Assist the Contractor in obtaining any required City of Visalia building permits as it relates to work performed in association with this contract.

VI. PRE-BID AND CONTRACT MEETINGS
Informational Pre-Bid Meeting. A non-mandatory pre-Bid meeting will be held on Tuesday, October 31, 2023, at 10:00 a.m. in the Visalia Council Chambers, 707 W. Acequia Avenue, Visalia, CA 93291. Attendance at this meeting is not required to submit a Bid in response to this RFB. Information regarding the contract work will be provided at that time and there will be time allowed for Contractors to ask questions. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

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

City Project Manager: Street/Traffic Public Works Manager Department: Public Works
VII. BID OPENING AND CONFIDENTIALITY
Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Tuesday, November 14, 2023, at 2:00 p.m. at 707 W. Acequia, Visalia CA, City Hall Council Chambers. The name of each Bidder and the amount of each Bid shall be open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.

Bid Confidentiality. The City favors full and open disclosure of all Bid records. 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 disclosure of, any records or documents in the City’s possession.

After the award, the City intends that its selection process will 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 provision. 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 FOIA. Any information 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 failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

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

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

IX. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting 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 aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and

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

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

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

X. SPECIAL CONDITIONS

1. Project Administrative Issues
a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and services 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 the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract Price, or the amount due the Contractor will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.

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

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

Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract. These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by the City. Change orders for 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 supplemental 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 contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion. c. Omitted Items. Project Manager is authorized to omit minor contract items. Major items must be omitted by supplemental agreement. d. Extra Work. Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done. The Project Manager should obtain authorization from the Change Order Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done immediately, the Project Manager may authorize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as agreed to in writing by the Project Manager prior to the 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 additional payment is due for unauthorized Extra Work.

If the Project Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documentation required for a Change Order within forty-five (45) days of completing the Extra Work. The Project Manager will submit a Change Order request for review and approval by the Change Order Committee. If the Contractor does not submit any documentation within that time period the Project Manager may move forward with issuing a Change Order to adjust the contract price. e. Removal of Obstructions. Contractor shall remove and dispose of all structures, debris or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced. f. Clean Up. Prior to acceptance and final payment, Contractor shall clean up the site of work, and any areas occupied by Contractor in connection with the project.

2. City-Contractor Relations
a. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervision of such Project Manager or his or her designee(s). The 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 Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees. b. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent. c. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities and the like. (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 connection to or draw water from any hydrant or pipeline 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 safe manner. f. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project. (2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor. City shall be the sole judge as to the adequacy of any item for substitution. (3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. g. Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project. h. Materials and Shop Drawing Submittals. If applicable, Contractor shall submit to Project Manager for approval, two (2) copies of the materials list and detailed dimensional shop drawings covering all Contractor-furnished items of equipment. Prior approval by Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.

3. Legal Responsibilities.

It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Contractor shall comply with all applicable labor laws and ensure against discrimination.

XI. GENERAL CONDITIONS

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

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity 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, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be 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 the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative 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 signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

4. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the 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, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.

Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.

All Bids are the property of the City after submission.

City is not responsible for Bid errors and omissions.

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

A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect 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.

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

Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call (559) 713-4326 or email HYPERLINK "mailto:[email protected]"[email protected] for more information.

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

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

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.

Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.

The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.

All California agencies may purchase off the Bid submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.

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

21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly 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 deems necessary or advisable, at the prices Bid.

22. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”). Contractor may be required to submit Proposals on alternate 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 taxes, which may be applicable.

25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not submit 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 interested. A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.

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

The annual contract resulting from this invitation 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.

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

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 annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. 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 agreement. Requests filed after this time 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. Bureau of Labor Statistics, Consumer Price Index (CPI) for All Urban Consumers (CPI-U) U.S. City Average, All Items. The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period. In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

This contract may be terminated without cause by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.

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

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

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 individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of 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
Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.

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

Insurance. Contractor shall obtain and maintain 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.

Required Bonds: The Bidder(s) awarded contract(s) pursuant to this RFB will be required to provide to the City of Visalia: 1) a “Performance Bond” and 2) a “Labor and Materials Bond”, each in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”. According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety. The Performance bond shall remain in force for one year after the date of completion.

Upon determination by the City that a contract has been entered into and Contractor has provided all information required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.

BIDDING AGENCY:__________________
EXHIBIT “A” BID FORM
RFB NO. 22-23-72

ANNUAL CONTRACT - ON CALL ELECTRICAL SERVICES FOR TRAFFIC SIGNAL REPAIRS TO: THE CITY OF VISALIA PURCHASING DIVISION:

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

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

BIDDER 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 satisfactorily completed. It is agreed that all prices bid include all appurtenant expenses, taxes, royalties and fees. All bids will be checked for accuracy. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

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

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

BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.

A contract shall be awarded to the bidder with the Lowest Total Bid Amount listed in Exhibit “A”- Bid Form, whose bid complies with all the requirements described herein. The quantities given on the Bid Proposal form and any related contract documents are estimates only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith and reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the 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 and hereby agrees to the conditions stated in this bid request by affixing his/her signature on the Bid Form.

BIDDING AGENCY:__________________
EXHIBIT “A”

BID FORM/SCHEDULE OF FEES
On-call Electrical Services for Traffic Signal Repairs as specified in RFB-22-23-72 Item No.

Description
Units
Unit Cost
(Includes all labor & taxes)
Estimated Quantity
Total Amount
(includes all labor & taxes)
1 Furnish and Install Single Meter Electrical Pedestal Complete (Type III-BF per City Std. SL-9) 100 amp, 120/240v, single phase EA
$________
4 $___________
2 Furnish and Install Dual Meter Pedestal Complete (Type III-CF per Caltrans Std. ES-2F) 100 amps, 120/240 V, single phase EA
$________
2 $___________
3 Furnish and Install Single Meter Electrical Pedestal Complete with foundation (Type III-BF per City Std. SL-9) 100 amp, 120/240v, single phase EA
$________
4 $___________
4 Furnish and Install Dual Meter Pedestal Complete with foundation (Type III-CF per Caltrans Std. ES-2F) 100 amps, 120/240 V, single phase EA
$________
2 $___________
5 Furnish and Install a Type 332L traffic signal cabinet (per the City of Visalia Standards and Caltrans Standard Plans & Specifications) EA
$________
4 $___________
6 Furnish and Install a Type 332L traffic signal cabinet and foundation (per the City of Visalia Standards and Caltrans Standard Plans & Specifications) EA
$________
2 $___________
7 Furnish and Install 1-A (10’) signal pole (per Caltrans Std. Plan ES 7B) EA
$________
12 $___________
8 Furnish and Install 1-A (10’) signal pole, foundation and anchor bolts (per Caltrans Std. Plan ES 7B) EA
$________
12 $___________

TOTAL BID AMOUNT
$____________
(1)
Bidding Firm
(2)
Corporation, Partner, Joint Venture
(3)
Business Address City State Zip Code Telephone Number Fax Number
E-mail Address
(4)
Signature of Authorized Person (Date)
Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style 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., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”. (3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed. (4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer 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 the corporation and their business addresses must be shown below.

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

BIDDING AGENCY:__________________
EXHIBIT “A.1”

SCHEDULE OF FEES FOR ELECTRICAL SERVICES

NOT INCLUDED IN EXHIBIT A
(Schedule of Fees to be provided by each Bidder)
RFB 22-23-72 Traffic Signal Repair
Description
Hourly Rate
Hourly Rate – Regular Time
(Tech 1 or higher)
Hourly Rate – Overtime
(Tech 1 or higher)
Material Markup
Discount from List Price
Subcontractor Markup Percentage
Service Truck
Aerial Truck
Compressor
Trencher
Backhoe
Dump Truck
Trailer
Auger
EXTRA WORK: Hourly Rate – Regular Time
(IMSATech 1 or higher)
Hourly Rate – Overtime
(IMSA Tech 1 or higher)
(1)
Bidding Firm
(2)
Signature of Authorized Person (Date)

CONTRACTOR/BIDDER INFORMATION
STATE CONTRACTOR’S LICENSE CSLB: ______________________________________________________________ License Classification(s): ___________________________ Expiration Date: __________________________________ CA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) NUMBER: ______________________________________ FEDERAL TAX I.D. NUMBER.: ________________________________________________________________________ CITY OF VISALIA BUSINESS TAX CERTIFICATE NUMBER: ___________________________________________ A City Business Tax Certificate (License) is not required to submit a bid; however, vendor is required to obtain a certificate prior to commencement of work. Contact the Business Tax Division with questions at (559) 713-4326 or email HYPERLINK "mailto:[email protected]"[email protected].

REFERENCES:

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

Company Name Address Tel. No. Contact Person

1. 2.

3. DESIGNATION OF SURETIES:

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

Company Name Address Tel. No. Type
BIDDING AGENCY:____________________________

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

SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)

1. Subcontractor Name:

Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB #
Expires:

DIR Registration #

2. Subcontractor Name:

Email Address:

CSLB #
Expires:

DIR Registration #

3. Subcontractor Name:

Email Address:

CSLB #
Expires:

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

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

SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:

The BIDDER has_____ has not _____ participated in a previous contract subject to the Equal Employment Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, 1965.

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

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

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

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________ Company Seal:
(if any)
Submit with Bid
EXHIBIT “B-2”

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

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national 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 origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection 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, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

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

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

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

6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 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 include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.

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

Submit with Bid
EXHIBIT “B-3”

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

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

2. By the submission of a bid, the BIDDER certifies that it does not and 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 where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:
(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause; Retain such certifications in its files; and
Forward this certification and the following notice to the proposed SUBCONTRACTORs:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semi-annually, or annually).

4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

Company: ____________________________________________________________________________ Business Address: ____________________________________________________________________________ Signature:_______________________________________________ Date:________________________________ Name of Signing Official (Print or Type) :________________________________ Title of Signing Official:__________________________________________ Company Seal:

Submit with Bid
EXHIBIT “B-4”

NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
_________________________, being first duly sworn, deposes and says that he or she is _________ of __________ the party making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advantage 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 or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

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

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

Signature __________________________________ (Seal)
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 liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

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. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

DISCLOSURE STATEMENT
(Submit With Bid)
The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company:
submitting a bid or proposal in response to a solicitation by City of Visalia; or 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 names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

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

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

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 after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form. _________________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company __________________________________________ _________________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual Submit with Bid
EXHIBIT “B-8”

STATE OF CALIFORNIA

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

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY (Authorized Signature)

DATE EXECUTED

PRINTED NAME AND TITLE OF PERSON SIGNING
TELEPHONE NUMBER (Include Area Code)
( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:

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).

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

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

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

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

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency 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.

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

TRAFFIC SIGNAL REPAIRS
(City of Visalia Bid No. 22-23-72)
This Agreement, entered into and effective this ________ day of ________________, 2023 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ______________________________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for on-call Electrical Services for Traffic Signal Repairs; and WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

TERM:

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

ATTACHMENTS INCORPORATED:

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

ATTACHMENT NO.

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

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

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

CITY COMMITMENTS:

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

TASK

COMPLETION DATE
Assist the Contractor in obtaining any required City of Visalia building permits as it relates to work performed in association with this contract.

As requested by Contractor
Inspect and approve the work of the electrical firm.

As requested by Contractor
Pay Contractor within 30 days of receipt of an approved invoice for completed work.

As requested by Contractor
COMPENSATION:

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

Total Compensation:
$
Source of Funds:

Payment Schedule:

Within 30 days from date of invoice for completed work, less 5% retention until 35 days after work is completed and accepted by CITY as evidenced by the recordation of a Notice of Completion* *CONTRACTOR may elect to avoid the 5% retention by depositing securities of equivalent value pursuant to California Public Contract Code Section 22300.

6. CONTRACT PRICE ADJUSTMENTS:

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for All Urban Consumers (CPI-U U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period. In no instance 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.

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

CONTRACTOR
Dated: ___________________ By:______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of 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
Exhibit “C” - Attachment 1

GENERAL CONTRACT PROVISIONS
Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

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.

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: _____________
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.

Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret 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 county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

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 altered except in writing signed by the parties, unless otherwise explicitly authorized.

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

Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’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 will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

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

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

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

L. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “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. 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 such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

Exhibit “C” - Attachment 2

INSURANCE REQUIREMENTS
CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions 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 CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

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 each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.

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

Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts; Automobile Liability Insurance for each of CONTRACTOR’s vehicles used 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 amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.

Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
bodily injury;
personal injury;
broad form property damage;
contractual liability;
cross-liability;
products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

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

The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.

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

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

6. Proof of Coverage.

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

City of Visalia – Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
RFB NO. 22-23-72
Annual Contract – On-Call Electrical Services for Traffic Signal Repairs Page PAGE ii
RFB NO. 22-23-72
Annual Contract for On-Call Electrical Services for Traffic Signal Repairs Page PAGE 1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Visalia City CouncilDecember 4, 2023

Visalia City Council
December 4, 2023