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PLAYGROUND DESIGN & INSTALLATION SERVICES
AT ROTARY PARK
DDEESSCCRRIIPPTTIIOONN:: The City of Visalia is seeking proposals from qualified firms to design and i nstall a playground structure at Rotary Park.
PPRROOPPOOSSEERR Two mandatory conferences have been scheduled for this project. Interested Bidders are CCOONNFFEERREENNCCEE:: required to attend at least one of the mandatory meetings to be considered eligible to propose on the project. Each meeting will be held on the dates/times listed below at Rotary Park, located at 1600 S. Divisadero Street in Visalia, CA.
Wednesday, January 17, 2024 @ 10:00 a.m. and
Thursday, January 18, 2024 @ 10:00 a.m.
SSUUBBMMIITTTTAALL One (1) unbound original and four (4 ) copies are due n o later than 2:00 p.m. on DDEEAADDLLIINNEE: Thursday, February 1, 2024.
AADDDDRREESSSS TTOO:: City of Visalia Purchasing Division 707 W. Acequia Avenue
Visalia, CA 93291
MMAARRKK RFP No. 23-24-30
EENNVVEELLOOPPEE:: Playground Design & Installation Services at Rotary Park
IINNQQUUIIRRIIEESS::
Direct all questions to the Visalia Purchasing Division (559) 713-4334. To prevent misinterpretation, the Purchasing Division prefers that all questions be submitted in writing via email to [email protected].
PUBLIC WORKS PROJECT:
Notice is hereby given that this is a Public Works Project. In compliance wit h SB854 and Labor Code Section 1725.5, all contractors, and subcon tractors (including Consultants and Sub -Consultants) bidding and performing work on Public Work s Projects must be currently registered with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
CITY OF VISALIA, CALIFORNIA
REQUEST FOR PROPOSALS (RFP) 23-24-30
Playground Design & Installation Services Rotary Park
SEALED PROPOSALS will be received by the Purchasing D ivision located at 707 West Acequia, Visalia, CA 93291, until 2:00 p.m. on Thursday, February 1 , 2024, for Playground Design & I nstallation Services at Rotary Park, located at 1600 S. Di visadero Street, Visalia, CA. Interested Proposers must propose on all items included in the specifications.
Two mandatory conferences have been scheduled for this project as follows:
Wednesday, January 17, 2024, and
Thursday, January 18, 2024
Interested Proposers are required to attend at least one of the mandatory meetings to be considered eligible to propose on the project. Each meeting wil l begin at 10:00 a.m. at Rotary Park, located at 1600 S. Divisadero Street in Visalia, CA.
PROJECT COMPLETION: Contractor shall order playground equipment and shade structure within ten (10) days of receiving the Notice to Proceed and complete the project w ithin forty-five (45) working days after equipment has been delivered.
REQUIRED BONDS: Awarded Contractor shall be re quired to submit a Performance Bond in the amount of one hundred percent (100%) of the agreement, as surety condition for the full, compl ete and faithful performance of th e agreement. In addition, Awarded Contractor shall be required to furnish a Labor and Materials Bond in the amount of one hundred percent (100%) of the agreement if subcontractors are proposed to be used to complete this project.
LICENSE REQUIREMENTS: No bid will be accepted from a Cont ractor who is not duly licensed i n accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and has a current Class D-34 Contractor’s license (minimum). See Section I II for additi onal Department of Industrial Relations Requirements applicable to this project.
PROJECT BUDGE T/ENGINEER’S ESTIMATE : The City of Visalia does not provide an Engineer’s Estimate, however the total approved budget for th is project is approximately $200,000 which is an estimate of the total project delivery costs. This project is supported, in whole or in part, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treasury. Federal Funds being utilized for this project are American Rescue Plan Act Funds (ARPA). Proposals are required for the entire work.
TO OBTAIN SPECIFIC ATIONS AND BID DOCUMENTS: Electronic versions of plans, bid forms , and other contract documents may b e requested from the office of the Purchasing Divisi on by calling (559) 713-4334, or by emailing your request to: [email protected]. If documents do not exceed the email file size capacity, they will be emailed to requestors, otherwise a USB drive containing the documents will be sent via U.S. m ail free of charge.
If documents are requested to be shipped o vernight via Fed -ex, the Contractor is responsible for all shipping charges incurred and wil l be bill ed by the shipping company directly. Documents are also available at various builders’ exchanges.
QUESTIONS: Direct questions regarding this Project to the Purchasing Department, at (559) 713 -4334 or email:
[email protected], Questions must be received by 4:00 p.m. on Thursday, January 25, 2024.
PUBLIC WORKS CONTRACT: Notice is hereby given that this is a Publi c Works Project. Bidders/Contractors must be registe red with the California Departme nt of Ind ustrial Relations (DIR). In addition, contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC sectio n 1725.5 to be qualified to bid, be listed in a bid propos al, or perform any public work for the City. Proof of registration for eac h contractor and subcontractor is required to bid.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
This project will be subject to all applicable State and Federal Wage Determinations for all trades. The wages are set forth in the General Prevailing Wage Rate s for thi s project, available at City of Visalia address and available from the following website links: http://www.dir.ca.gov/dlsr/PWD/index.htm and http://www.wdol.gov/dba.aspx#0.
Contractor must comply wit h all State a nd Federal regulati ons applicable to this contract, including prevailing wages. Prevailing wages paid shall be the higher of the two agencies (State & Federal).
Awarded Contractor will be required to furnish electronic payroll records for project to the Labor Commissioner. The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.
THE CITY HEREBY AFFIRMATIVELY ENSURES that Minority Business Enterprises and Disadvanta ged Business Enterprises (DBE) will be afforded full opportunity to submit pro posals in response to this notice. Individuals and/or entities submitting bids/propo sals to the City of Visalia w ill not be disc riminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medica l condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military a nd veteran s tatus in any consideration leading to the award of contract.
The right is reserved by the City of Visali a to reject any or all prop osals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract accordin g to the proposal w hich best serves the interests of said City.
Publish Dates: January 2, 2024
January 9, 2024
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
TABLE OF CONTENTS
Title Page
I. Definitions .................................................................................................................................... 6 II. Introduction ................................................................................................................................. 6 A. Information ....................................................................................................................... 6 B. Purpose, Objective, and Services to be Provided ........................................................... 7 C. RFP/Agreement Schedule ............................................................................................... 7 III. Scope of Services ....................................................................................................................... 7 A. Required Product ............................................................................................................. 7 B. Services of the Consultant ............................................................................................... 8 C. Consultant Responsibilities .............................................................................................. 8 D. City Responsibilities ......................................................................................................... 9 IV. Proposal Content and Format Requirements .......................................................................... 9 A. General Information ......................................................................................................... 9 B. Proposed Project Approach ............................................................................................. 9 C. Staff Qualifications and Related Experience ................................................................. 10 D. Proposed Fee Structure and Schedules ........................................................................ 10 E. Required Forms ............................................................................................................. 11 V. Consultant Selection Procedure ............................................................................................. 11 A. Criteria and Evaluation Points ........................................................................................ 11 B. Background Check ......................................................................................................... 12 C. Award of Contract .......................................................................................................... 12 VI. General Conditions ................................................................................................................... 12 A. Important Notice ............................................................................................................ 12 B. Contracting Agency ....................................................................................................... 12 C. Legal Responsibilities ................................................................................................... 12 D. Insurance ...................................................................................................................... 13 VII. Examination of Contract Requirements and Acceptance of Proposal Content ................. 14 A. Withdrawal of Proposals ................................................................................................ 14 B. Rejection of Proposals ................................................................................................... 14 C. Evaluation/Award of Contract ........................................................................................ 15 D. Proposal Pricing Guidelines ........................................................................................... 16 E. Assignment of Contract .................................................................................................. 16 F. Right To Require Performance ...................................................................................... 16 G. Ethics in Public Contracting ........................................................................................... 16 H. Equal Employment Opportunity ..................................................................................... 16 I. Venue ............................................................................................................................. 17 J. Proprietary Information .................................................................................................. 17 K. Incurring Costs ............................................................................................................... 17 L. Firearms Prohibited ........................................................................................................ 17 M. Russia Sanctions ........................................................................................................... 17 VIII. Measurement and Payment ..................................................................................................... 17 A. Billing and Payments...................................................................................................... 17 IX. Special Conditions Applicable to this Public Works Contract ............................................. 18 A. Department of Industrial Relations Requirements ......................................................... 18 B. City of Visalia Labor Compliance Manual ...................................................................... 18 C. Bonds ............................................................................................................................. 18 D. Project Administrative Issues ......................................................................................... 18 Complete Project ..................................................................................................... 18 Quantities/Change Orders ....................................................................................... 18 Omitted Items .......................................................................................................... 19 Extra Work ............................................................................................................... 19 Removal of Obstructions ......................................................................................... 19 Clean Up .................................................................................................................. 19 E. City-Contractor Relations ............................................................................................... 19 Project Manager’s Responsibility and Authority ...................................................... 19 Contractor/Contractor’s Superintendent .................................................................. 20 Project Site/Existing Utilities and Structures ........................................................... 20
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Signs, Barricades and Notice .................................................................................. 20 Labor (workmanship, qualification) .......................................................................... 20 Control of Materials ................................................................................................. 20 Storage of Materials ................................................................................................ 20 Materials and Shop Drawing Submittals ................................................................. 20 Forms (Must be completed and submitted with Proposal)
Contractor’s Information ................................................................................................................... 21 Contractor’s References .................................................................................................................. 22 Subcontractor Information ................................................................................................................ 23 Ownership Disclosure ...................................................................................................................... 24 Signature Page ........................................................................................................................... 25-26 Bidder’s Bond Form ......................................................................................................................... 27 Federal and State Requirements ..................................................................................................... 28 Acknowledgement ............................................................................................................................ 41 Attachments
Sample Contract .............................................................................................................................. 42 Sample Contractor’s Affidavit ........................................................................................................... 48
Exhibits Attached Separately
D-1. City of Visalia Labor Compliance Manual
D-2. Federal and State Prevailing Wage Determinations D-3. Site Maps
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
II.. DDEEFFIINNIITTIIOONNSS
For the purposes of this RFP NO. 23-24-30, the following terms shall have the meanings indicated:
1. “City” means the City of Visalia
2. “City Council” means the Council of the City of Visalia
3. "Bidder", "Vendor", " Supplier", “Consultant”, “Contractor” and “S ubrecipient” are used interchangeably throughout th is invitat ion to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.
4. “Bid” and “Proposal” ar e used inte rchangeably to mean an ind ividual’s or entity’s offer in response to this Request for Proposal.
5. “RFP” means Request for Proposal No. 23-24-30
IIII.. IINNTTRROODDUUCCTTIIOONN
A. Information
The City of V isalia is r equesting proposals fr om qualified firms to provide the design and installation of new playground equipment and safety inspection for one (1) playground structure at Rotary Park located at 1600 S. Divisadero Street in Visalia, CA.
This project is supported, in whole or in part, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treas ury. Federal Funds being utilized for this project are American Rescue Plan Act Funds (ARPA).
Plans & Specifications: An electronic version (flash drive) of the Plans and Specifications may be obtained free of charge at the Purchasing D ivision, 707 W. A cequia Street, Visalia, California, or by calling (559) 713- 4334, or emailing your request to [email protected]. Flash drives will be mailed out in U.S. Mail. If plans and specifications are requested to be shipped overnight, the Contractor will be respon sible for all shipping charges incurred and will be billed by the shipping company directly.
Prevailing Wages: Under the requirements of Labor Code section 178 2 passed by SB7 and in comp liance with City of Visalia Ordinance 2014 -13, this public works project is subject to Federal and State prevailing wages as specified in this document and attachments.
This pro ject is being funded with federal funds and is subject to th e payment of predetermined minimum wages mandated by the Davis-Bacon Act of 1931. A copy of the state and federal wage rates is enclosed.
This project is subject to the payment of State or Federal wage rates, whichever rate is higher.
Ten (10) days before the closing date of the bid, the project manager will review the prevailing wage rates enclosed with this proposal for updates. If changes are made, these will be included as an addendum to this proposal request.
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 Bus iness and Professions Code and has a current minimum of a Class D-34 Prefabricated Equipment Contr actor’s license. See Section III fo r additional Department of Industrial Relations Requirements applicable to this project.
Use of Subcontractors : Your proposal may include su bcontractors and you should clearly d elineate the responsibilities of each of those participants within your proposal. 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.
This Requ est for Proposals is being issued b y t he City of Visalia Purchasing Department on behalf of the Parks Maintenance Division. Unless otherwise d irected, all communications regarding this Request for Proposals should be directed to the Purchasing Division at (559) 713 -4334. However, to prevent misinterpretations, the P urchasing Division would prefer that all questions be se nt by email to [email protected].
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Any revisions to the Request for Pro posals will be issued and distributed as addend a. Proposers a re specifically direct ed not to contact any other City personnel for meetings, conferences or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for r ejection of proposals.
B. Purpose, Objective and Services to be Provided
Visalia is located east of State Highway 99 an d along State Highway 198. Th e City’s populati on is approximately 1 40,000. Its inco rporated ar ea covers approxi mately 36 squar e miles. The purpose of this project contract is to provide t he City of Visalia with the highest quality playground structure expected by the City’s residents, City Council, City staff, and visitors of the community. The selected firm will work closely with the Project Manager and other City staff to ensure the most durable, playable, and unique playground design for the City of Visalia, its residents, and visitors.
C. RFP/Agreement Schedule
Event Date of Event
RFP Available to the public .................................................................................................. 1/2/2024 Proposer Conference #1 at 1600 S. Divisadero Street at 10:00 a.m. ............................... 1/17/2024 Proposer Conference #2 at 1600 S. Divisadero Street at 10:00 a.m. ............................... 1/18/2024 Deadline for Questions @ 4:00 p.m. .................................................................................. 1/25/2024 RFP due at 2:00 pm at 707 W. Acequia .............................................................................. 2/1/2024 Short list established and vendors notified ................................................................. February 2024 Interviews/Presentations with short-listed vendors (if required) ................................................... tbd Award of Contract @ City Council Meeting .................................................................... March 2024 Contract Begins ........................................................................... upon contract being fully executed
Italicized items and dates are at the City’s o ption. The City reserves the right to award contract solely on the basis of proposal content.
IIIIII.. SSCCOOPPEE OOFF SSEERRVVIICCEESS
A. Required Products
Rotary Park Playground Design
Work is to include:
• The demolition and removal of the existing playground structure. • Design of a 5 to 12 age-appropriate play system within the constr ucted play area boundaries, with minimal to no alterations to existing concrete curbs, equipment footings, landing mats. • Design of a free-standing sail type shade structure to p rovide maximum cove rage over entire playground structure.
• A minimum of twelve (12) inches of wood fiber fall zone material installed. • Installation of all playground equipment and shade structure. • Certified safet y inspection of completed p layground s tructure. This project will be the fina l turnkey step in completing the overall Rotary Park Playground Replacement Project.
Playground Suppliers shall submit a maximum of (2) two designs per age-appropriate playground.
The City of Visalia requires Suppliers to design a play system that meets or exceeds all current federal CPSC, ASTM, IPEMA standards a nd ADA requiremen ts. The p roposals shall include the cost o f play s ystems, shade struc ture design and cost , inclusive of the equipment st ructures, detailed technical i nstallation instructions and maintenance & operations manuals from manufacturer.
The City of Visalia shall be exempt for any lia bility for costs i ncurred by unsuccessful Proposers Suppliers in preparation of the proposal.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
B. Services of the Consultant
The City of Vi salia will requi re the consultant to perform the tasks de tailed below and in the In troductory Section so tha t the contract will be c ompleted by the end of the forty-five (45) day contract period for the Project.
Awarded Cons ultant wil l be required to obtain from the City ’s Building Service s Di vision (315 E. Acequia Avenue) a Visalia Building permit for awarded project. The City of Visalia will pay for the cost o f the building permit however it is the Awarded Consultant’s responsibility to obtain it.
This is a public works contract and therefore, the Awarded Consultant will be responsible for paying State and Federal prevailing wages for any trade performed t hat has a designated wage rate. Furthe r, the Awarded Consultant will be responsible for uploading certified payroll to the Lab or Commissioner and provide the City of Visalia pr oject manager with Contractor’s affidavit that labor codes were followed, and pre vailing wage rates were paid. The affidavit must be submitted to the City Proj ect Manager prior to final payment. A sample Contractor’s Affidavit is attached to the Sample Contract included with this RFP.
Consultant shall follow the requirements of the City of Visalia Labor Compliance Manual (Exhibit D-1) which is made a part of this RFP and subsequent contract/s.
C. Consultant Responsibilities
DESIGN ELEMENT GUIDELINES & PLAY SYSTEM SPECIFICATIONS
Suppliers should ba se their playground equipment designs o n meeting all accessibility and safety standards as well as the guidelines & s pecifications li sted in this RFP. Qua lity o f e quipment components, quality of design, play value, cost and appropriate ness to location and target demographic must be taken into consideration and stay within budget in the design, demo, and construction and inspection of the play system.
The budget for this project is $200,000.
Rotary Park 5 to 12 Playground Dimensions for Fall Surf ace: 68’ x 40 ’ Approximate Perimeter.
Required Items:
1. All play system elements must meet and/or exceed all federal, CPSC, ASTM & IPEMA guidelines.
2. Play systems shall NOT be constructed solely of composite materials.
3. Play system must in clude the removal and disposal of existing engineered wood fiber surfacing and installation of engineered wood fiber at a minim um depth of (12) twelve inches over the entire play area.
4. Play system must include wear mats for all equipment as appropriate.
5. Add additional free-standing sail type shade stru cture to p rovide maximum coverage over entire playground structure.
6. A Playground Safety Inspection shall be performed by a Certified Playground Inspector to ensure the playground is in compliance with all CPSC safety requirements. A report must be submitted to the project manager upon completion of the project.
Play System Features in Priority Order:
7. Provide a minimum of one structure designed for ages 5 to 12.
Preferred Play System Qualities:
8. All play sy stem elements must demonstra te the high est level of durabili ty in materials and finishes selected in consideration of child health and safety.
9. Structures should provide a variety of built-in activity panels and climbers.
10. Play system shall use forest green, tan and chocolate brown as primary colors.
In the proposal, provide a list of the components proposed for the Rotary Park play system. Include structure and co mponent model numbe rs, materials, co lor choices and recom mendations, pr otective are a
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
requirements, target ag e ranges and developme nt le vels, target play t ype or act ivity, estimated lifetime of equipment including manufactures warranty and any other relevant descriptive information.
Play system design shall safely fit in the playground area as shown on the site plans in Exhibit D-3. Suppliers are encouraged to be creati ve in their designs and to ma ximize the role of unstructured play in the ir proposals. Suppliers may submit pro posals from n on-traditional type play ground structu res, if desir ed, in whole or as components of the overall playground.
D. City Responsibilities
• Compensate the consultant as provided in the contract agreement. • Provide a "City Representative" who will represent the City and who will work with the consultant in carrying out the provisions of the RFP.
• Examine d ocuments submi tted to the C ity by the Cons ultant and timel y render deci sions pertaining thereto.
• Give reasonably prompt consideration to all matters su bmitted by the Consultant for ap proval to the end that there will be no substantial delays in the Consultant's program of work. • City will pay for the cost of the City Building Permit, but the Awarded Consultant is responsible for obtaining the permit from the City’s Buildings Division.
IIVV.. PPRROOPPOOSSAALL CCOONNTTEENNTT AANNDD FFOORRMMAATT RREEQQUUIIRREEMMEENNTTSS
The following are proposal requirements. Respondents are requested to organize their proposal i nto sections with tabs corresponding to the li sted selection criteria as follows. You must answer the following questions in the same s equence as below. A screening committee will e valuate the completeness of the response to the RFP.
A. General Information
• Cover letter referencing firm name, address, telephone number and email address. • Account Rep resentative or other person to contact fo r clari fication of an y item co ntained in the proposal. Include telephone number and email address if different from above. • Personnel of the Proposer’s Firm must be identified in the proposal with their background and the firm must give assurances of continuity of its personnel. A contact person must be identified. • Specify type of organization (individual, partnership, or corporation) and if applicable indicate whether you are:
o Small Business.
o Disadvantaged Business.
o Minority and/or Women-Owned Business.
• Complete and submit the required forms included in this document. • Provide sur ety information for a ll sureti es – General and Aut omobile Liabili ty, Professional Liability E/O and Worker’s Compensation.
• References and Referrals
B. Proposed Project & Detail Regarding Project
Summarize your approach and understanding of the project and any s pecial considerations of which the City of Visalia should be aware. Clearly indicate the levels of participation you will expect from City of Visalia staff in the fulfillment of the contract.
Exceptions to the requirements of the RFP should be clearly delineated in this section.
In addition, you are i nvited to include a maximum of two (2) pages of information not included, nor requested in this RFP, if you feel it may be useful and applicable to this project.
The in formation in this s ection will aid t he City in the refine ment of the sc ope of work dur ing contract negotiations.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
C. Staff Qualifications and Related Experience
1. Staff Qualifications and Experience
This section shoul d dem onstrate the qualifications o f all pro fessional personne l to be assigned to t his project by pr oviding resume s/experience su mmaries describing their education, cre dentials, r elated experience and their proposed roles for this contract. Note: Consultant may not substitute any member of the project team without prior written approval of the City.
If your firm intends to subcontract any of the services required under this RFP it should be discussed in this section . Detailed informati on for each subcontra ctor must be provided. Note: No work may be subcontracted, nor assigned, without prior written approval of the City of Visalia.
2. Related Experience
Include descript ive infor mation con cerning the experien ce of th e fir m. Include info rmation about previous projects that might be comparable, includ ing the size and ty pe of projects and the s cope of services provided. These projects mu st de monstrate that the consultant ha s experienc e in des igning systems with multi us e fun ctions effective ly blended into neigh borhood design. In add ition, provide references for the three (3) most comparable projects for which your firm has pr ovided, or cu rrently is providing, similar services in the past three years.
List the projects in reverse chronological order and provide the following information for each project:
Indicate for each of these projects:
• Name of project or playground
• Project location (address)
• Brief description (type of construction, functional components, special design considerations) • Name of owner/entity
• Owner's contact person and telephone number
• Your firm's specific involvement (i.e., engineer, construction contractor, etc.) • The total contract amount awarded vs the final contract amount at end of project. • Status of completion
D. Proposed Fee Structure
A Proposed Fee Structure and S chedule shall be provided as par t of the RFP submit tal under separate , sealed cover. One (1) original Fee Structure and Schedule are required, no additional copies are needed.
Provide proposed fees, cost information, and recommend a b udget plan for al l services to be provided in the following format:
1. Proposers should review the requirements of this RFP and ad dress all services in this fee sc hedule that might reasonably be e xpected to support the project. Indicate how the City wil l be invoiced for services, i.e., unit or hourly costs. This information should be detailed and broken down to include type of service and unit s of work or other a pplicable measur e (for example, sta ff hours at a certain rate).
Proposers should endeavor to provide a comp rehensive, fee schedule for the project, as the City will not include compensation in the contract for items not addressed.
• Include a total cost to provide services, based on the consultant’s fee schedule and the scope of work as outlined in this RFP. This cost will be used as a basis for negotiations.
• Clearly id entify all costs for Tasks re lated to each project for wh ich a proposal is b eing submitted.
• Clearly identify all trades to be performed and the corresponding State and Federal prevailing wage det erminations for same. T he Awarded Contractor will be responsib le for uploading certified payroll to the Labor Commissioner and provide the City of Visalia project m anager with an affida vit that labor codes and prevailing wage rat es were paid. The affidavit must be submitted to the City Project Manager prior to final payment.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
2. The fee proposal submitted under separate, sealed cover, a long with the propos ed project approach, will be used as a basis for any contract negotiations. The actual scope of serv ices and fees included in the contract may be negotiated and may vary to satisfy the City’s actual needs.
E. Required Forms
• Several forms have been included in this RFP document that mu st be completed and returned with your proposal, (pages 21-41).
VV.. CCOONNSSUULLTTAANNTT SSEELLEECCTTIIOONN PPRROOCCEEDDUURREE
Selection of the successful proposal shall be gen erally based o n the information provided by the Vendors in response to the Request for Pro posals and any subsequent in terviews that may be condu cted. Consultant interviews will be held solely at the option and di scretion of the City of Visalia. The process for selection shall occur in the following sequence:
a. STEP ONE: Review Proposals
b. Identify Top 2 candidates based on qualifications & project design c. Interview “short-listed” firms (at the option and discretion of the City) d. STEP TWO: Review fees for Top 2 candidates based on proposal submittal and re-evaluate taking price into consideration
e. Award contract
A project Selection Committee, as deemed necess ary, will be formed to eval uate the proposals and to make recommendation to the Visalia C ity Coun cil. This committe e may consist of representatives of the u ser department, memb ers of the comm unity, members of the C ouncil, and may include a representative knowledgeable in playground systems from outs ide of the community. Names of th e Comm ittee members, should one be formed, will not be released prior to the time for interviews.
The Committee will review the proposals for format to ensure co nformance with the requirements of the RFP and may select finalists to interview with the Committee as a part of the Committee's evaluation process. The City does not guarantee that an interview will take place, thus reserving the right to select a contractor based solely on the information provided in the proposals received in response to the RFP. Should an interview take place, the key perso nnel respons ible for fulfillin g the requirements of the project shall be required to be present for the interview.
A. Criteria and Evaluation Points
The Committee will address t he following c riteria in evaluation of proposals in order to g auge the ability of a contractor to perform the services as specified. Th e same genera l criteria will be used to judge both t he proposal and the presentation, should the City choose to conduct interviews with short-listed firms.
Criteria: STEP ONE Max Points
1. Proposal addresses design guidelines and specifications 25
2. Quality of design, play value and target demographic 20
3. Quality and durability of equipment 20
4. Uniqueness of Equipment 15
5. Reputation and reliability of manufacturer 10
6. Overall quality of Proposal 10
Maximum Points: 100
Criteria: STEP TWO Max Points
1. Fee evaluation based on proposal submittal 10
Prior to the award of contract, the City must be assured that the proposer selected has all resources required to successful ly perform under the contract. This includes, but is not li mited to, personnel wi th the s kills required, equipment/materials and financial resource s sufficient to pr ovide services c alled for under t his contract. If during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contrac t if awarded, the City has the opti on of requesting from the prop oser, any infor mation that
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
the Cit y deem s n ecessary to determine the propo ser’s ca pabilities. If such informa tion is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.
B. Background Check
The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the busi ness community. By submitting a pr oposal to the Cit y, the proposer consents to suc h an inquiry and agrees to make av ailable to the City such boo ks and re cords as the Ci ty deems necessary to conduct the inquiry.
C. Award of Contract
The successful firm will be required to execute a contract with the City of Visalia. A Draft Agreement has been included in t his RFP to alert proposers to the p rovisions generally foun d in Ci ty contracts. The Draft Agreement may be alter ed from the enc losed form at the discretion of the City and without notice to consultant prior to award of contract. Th e City does not guarantee that th e Final Agreement will duplicate the enclosed Draft Agreement.
VVII.. GGEENNEERRAALL CCOONNDDIITTIIOONNSS
A. Important Notice
The City of Visalia will not be responsible for oral interp retations given by any City em ployee, representative, or o thers. Proposers are cautione d that a ny statements mad e that ma terially change an y portion of t he proposal documents s hall not be relied upon unless subsequently ratified by a form al written amendm ent to the proposal document. The issuance of a written ad dendum is t he only official method whe reby interpretation, clarification, or addit ional information can be given. If an y addenda are issued to this Request for Proposals, the City will attempt to no tify all prospective vendors w ho have secured s ame. However, it will be the responsibili ty of ea ch vendor, prior to submitting t heir proposa l, to contact the Purchasing Division , located at 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addendums were issued and to make such addendum a part of the proposal
B. Contracting Agency
The contract resulting from this Request for Propo sals will be administered by the City of Vis alia Community Services Department and the Visalia Purchasing Division.
C. Legal Responsibilities
It is the re sponsibility of Contractor to c omply with all loca l, state, and federal laws and regu lations which apply to this pro ject. This includes, but is n ot limited to, c ompliance with Uniform Bu ilding, Plu mbing, Mechanical, Electric, a nd Fire Codes. Con tractor s hall pro vide a safe worki ng env ironment in compliance with the Occupational Safety and Health Act, and California Health and Safety Code.
Contractor shall secu re all necessar y permi ts, licenses, and similar re quirements to ca rry out the project.
Contractor shall comply with all applicable labor laws and ensure against discrimination.
1. Business Tax Certificate
Possession of a City of Visal ia B usiness Tax Certificate is not requir ed to submit a propos al in response to this invitation. However, Contractor shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing wor k. For additional information, please contact the City of Visalia at (559) 713-4326 or email [email protected].
2. Professional License
Consultant is to be licensed in accordance with the California Business and Professions Code and is to possess current professional registration and be licensed to perform work in the State of California.
3. Permits
Consultant shall b e re quired t o o btain and maintain a t his/her own expense, any and all per mits, licenses and certifica tions iss ued by any federal, st ate or local governmental agency, pertaining to,
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
and necessary for providing the services required in this Request for Proposals. However, the City of Visalia will pay the cost of the Building Permit, but the Awarded Contractor must o btain the permit from the City of Visalia Buildings Division.
D. Insurance
Indemnification and Insurance
As respects acts, errors, or omissions in the performance of services, VENDOR agrees to indemnify and hold harmless CITY, its ele cted and appoi nted off icers, employees, and C ITY designate d volunteers from a nd against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of Vendor’s negligent acts, errors or omissions in t he performance of his/ her services under the terms of this Agreement; except to the extent those arise out of the negligence of CITY.
CITY agrees to indemn ify and hold harmless VENDOR, its office rs, employees, a nd designated volun teers from and against any and al l losses, defe nse costs, liability or consequ ential damages to the extent ari sing out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.
As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to tho se acts or om issions normally co vered by general and a utomobile lia bility insuran ce, VENDOR agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected an d appointed officers, agents, employees, representatives, and volunteers from and against a ny and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with Vendor’s (or Vendor’s subcontractors, i f any) performance o r failure to pe rform, u nder th e terms of this Agreement; except to the extent those which arise out of the negligence of CITY.
Without limiting CITY ’s right to indemnifi cation, it is agree d that VENDOR shall secure prior to commencing any activities under this Agreement, and ma intain during the term of this Agree ment, insurance cov erage as follows:
• Workers’ Compensation insurance as required by California statutes.
• Commercial general lia bility insurance with a combined si ngle l imit o f not l ess than One Million Dollars ($1,000,000) p er occurrence. Such insuranc e shall include cov erage fo r Premises and Operations, Contractual Li ability, Personal Inju ry Liability, Product s and C ompleted Ope rations Liability, Broad Form Prope rty Da mage ( if applicable), Indep endent Contrac tor’s Li ability (if applicable).
• Professional Liability insura nce coverage, in an am ount not less than One Million Dollars ($1,000,000).
• Comprehensive Automobile Liability coverage with a combined single lim it of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, li mited in sco pe or coverage, or non-renewed until after thirty (30) days prior writt en no tice has been given to t he City of Visa lia, Purchasing Division, 707 W .
Acequia, Visalia, CA 93291, with the excep tion of cancellation for n on-payment of premium, in wh ich case ten (10) days’ notice shall be given.”
In a ddition, the Commercial general liability polic y required by this Agreement shall contain the following clauses:
“It is agree d that any insurance mai ntained by the City of Visa lia shall apply in excess of and not contribute with insurance provided by this policy.”
“The Ci ty o f Visalia, its officers, age nts, empl oyees, r epresentatives and volu nteers are added as additional insured as respects operation s and activities of, or on behalf of the named insure d, performed under contract with the City of Visalia.”
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The s uccessful bidder shall m aintain the insura nce for the life of the co ntract. Endor sements are to be received and approved by the City before w ork commences. Should Consultant cease to have insur ance as required during any time, a ll wo rk by Consultant pursuant to th is a greement s hall cease until i nsurance acceptable to the City is provided.
In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
1. Obtain such insurance and deduct and retain the amount of the premi ums for such insurance from any sums due under the Agreement; or
2. Order CONSU LTANT to stop work under this Agreement a nd/or w ithhold any pa yment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with th e requirements hereof; or
3. Terminate this Agreement.
VVIIII.. EEXXAAMMIINNAATTIIOONN OOFF CCOONNTTRRAACCTT RREEQQUUIIRREEMMEENNTTSS AANNDD AACCCCEEPPTTAANNCCEE
OOFF PPRROOPPOOSSAALL CCOONNTTEENNTT
Before submitting a propo sal, prop osers must satisfy themselves by personal examination of the pr oposal requirements and other contract documents, and by any other mean s as they may believe necessary , as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City of Visalia, upon which the offeror will rely.
The subm ission of a propos al shall be considered conclusi ve ev idence that the prop oser has caref ully investigated all conditions that affect, or may at some future date affect, the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be pe rformed and as to the req uirements of t he p roposal. Subm ission of a proposal shall also be evidence that the proposer is familiar with directives that in any way affect prosecution of the work or persons engaged or employed i n the work.
No proposer shall at any time after submiss ion of a propo sal make any claim or assertion that there was any misunderstanding or lack o f information regarding the natu re or amount of work necessary for satisfactory performance under the contrac t. If the proposer receives an award as a result of this Request for P roposals, failure to hav e m ade such investigations a nd ex aminations wi ll in no way relieve the propose r from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignoranc e of such cond itions and requir ements be accepted as a ba sis for c laim whatsoever by the proposer for additional compensati on. Any errors, omissions, or discrepancies found in the speci fications or other contract documents shall be called to the attention of the City an d clarified prior to the submission of proposals.
Should the proposer feel there has been a supplemen tal or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the proposal.
The contents of the proposal of the s uccessful proposer shall become contractual obligations if procurement action ensues. Failur e to a ccept these ob ligations in a contractual agreement shall result in canc ellation of award.
A. Withdrawal of Proposals
Any proposal may be withdr awn a t any time pr ior to the time fixed in the public notice f or the re ceipt o f proposals, only by writ ten request for the withdr awal of the proposal filed wi th the Purc hasing Division. T he request shall be executed by the proposer or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposa l. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.
B. Rejection of Proposals
The City of Visalia reserves the right to reject any or all proposals; t o waive any requirements, both the City's and thos e propo sed by the vendor; to waive any ir regularities o r informali ties in any propos al or the RFP process when it is in the best interest of the City to do so; to negotiat e for th e modification of any proposal
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
with mutual consent of the proposer; to re -advertise for proposals, if desired; to sit and act as sol e judge of the merit and qual ifications of the service off ered and; to evaluate in its absolute d iscretion, the prop osal of each vendor, so as to selec t the vendor which best serves the requirements of the City, thus insuring that the best in terest of the City will b e s erved. Proposer ’s past p erformance and the C ity's a ssurance that each proposer will provide service as proposal, will be taken i nto consi deration when pro posals are being evaluated.
The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and th e proposer will fu rnish to the City a ll such information and data for th is purpose as the City may request. The City reser ves the right to reject a ny proposal if the evidence su bmitted by, or investigation of, such proposer fails to satisfy the City that such pr oposer is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the proposal of any proposer who has previously failed to per form properly, or comple te on time, contract s of a similar nature . Any material misrepresentation or m aterial falsification of informatio n pro vided to the City i n the proposer’s proposal submission, or at any point in the proposal evaluation process, including any interview conducted, is grounds for rejection of the proposal. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agree ment may be terminated at t hat time. A determina tion as to whe ther a misrepresentation or falsification of the proposal submission is material shall be made solely in the exercise of the City’s sound discretion. The City expressly reserves the right to reject the proposal of any proposer who is in default on the payment of taxes, licenses or other moneys due to the City of Visalia.
C. Evaluation/Award of Contract
Evaluation and selection of proposals will be based on th e information called for in this RFP. Bro chures or other promotional presentations beyond that sufficie nt to submit a complete and effective propo sal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.
Proposals will be evaluated by a S election Committee. The City reserves the right to make the selection of a proposer based on any or all factors of value , whether quantitati vely identi fiable or not, including, b ut not limited to, the anticipated initiative and ability of the proposer to perform the services set forth herein.
The award, if made, will be made within ninety (90) days from proposal closing date. Proposer agrees and so stipulates in submitting this proposal, as though stated therein, and in any subsequent award of contract that:
1. Proposer is an independent contractor, not an employee, agent, or officer of the City.
2. Contract, should it be award ed, shall be interpr eted, const rued, and give n effe ct in a ll respects according to the laws of the State of California.
3. Should proposer be awarde d contract, proposer shall not assign contract, or any part thereof, or an y moneys due or to become due thereunder, without prior consent of the City.
4. Proposer shall indemnify and hold harm less the City, its off icers, officials, employ ees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omis sion of t he proposer , its consu ltants, subcon tractor, anyone directly or ind irectly em ployed by any of them, or anyone for who se acts any of them may be liable, except where cau sed by the active negligence, sole negligence, or willful misconduct by the City.
5. Proposer shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of a ny copyrighted composition, secret proces s, patented or unpatented invention, article or appliance furnished or used in connection with the contract.
6. Proposer warra nts that no g ratuities, in the form of gi fts, entertainment, or otherwise, were offered or given by the proposer, to any officer or employee of the City with a view towar d securing the contract or securing favor able treatment with respect to any determination co ncerning the performance of the contract. For breac h or violation of this warranty, t he City shall have the r ight to terminate the contract either in w hole or in part. T he rights and remedies of the City p rovided in this clau se shall no t be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
D. Proposal Pricing Guidelines
Proposer shall provide proposed fees and cost inform ation as a part of this Request for Pr oposals. Proposed fees shall be submitted under separate, sealed cover.
E. Assignment of Contract
No assignment by the vendor of the contract or any part hereof, or of funds to be received there under, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet or transferred.
The failure of the City at any time to requi re performance by the proposer of any provisions hereof shall in no way affect the right of the City thereafter to e nforce the same. Nor shall waiver by t he City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.
F. Right to Require Performance
The failure of the City at any time to require performance by the proposer of any provisions hereof shall in n o way affect the right of the City there after to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succe eding breach of such provision or as a waiver of any provision itself.
G. Ethics in Public Contracting
Each proposer, by su bmitting a proposal, certifies that it is not a par ty to any collusive action or any action that may be in violation of the Sherman Antitrust Act by subm itting a proposal, t he proposer certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other proposer in connection w ith t he request for proposal ; and that it has not c onferred on any publ ic employee, publ ic member or public official having respons ibility for this procurement tran saction, any payment, loan, subscription, advance, deposit of money, services, or a nything of more than n ominal value.
The proposer further certifies that no re lationship exists be tween itself and the City or another person or organization that interferes with fair competition or co nstitutes a conflict of interes t with respect to a contract with the City of Visalia.
Prior to the award of any con tract, the potential Consultant may b e required to certify in writ ing to the Purchasing Division that no relationship exists between the proposer and any City employee, officer, official or agent that interferes with f air competition or is a conflict of interest with respect to a contract wit h the City of Visalia.
More than one propo sal from an individual, firm, par tnership, corporation or as sociation under the same or different names may be rejected. Reas onable grounds for believing that a proposer has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the proposer is believed to have an interest.
H. Equal Employment Opportunity
During the performance of the contract, proposer agrees to the following:
1. Proposer shall co mply with all the r equirements, when applicable, of the Califo rnia Fair Employment Practice Com mission and provisions of , when ap plicable, all Federal, State of California, County of Tulare and City of Visalia laws and ordinances related to employment practices.
2. Proposer shall not discriminate against a ny employee or applicant for employment on the basis of race, religion, color, g ender, age, handicap, national or igin or anc estry, except w hen s uch a c ondition is a bona fide occupational qualifi cation reaso nably necessary for the normal operations of the proposer.
The proposer agrees to post in consp icuous p laces, visible to the empl oyees and applicants f or employment, notices setting forth the provisions of this nondiscrimination clause.
3. Proposer, in all sol icitations or adv ertisements for employees, pla ced by, or on behalf of the proposer, shall state that proposer is an Equal Opportunity Employer.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
I. Venue
Any contract resulting from this solicitation shall be governed by, and construed in acco rdance with, the laws of the St ate of California. Venue for any litigation arising out of the contract will be vested in Tulare Count y, California.
J. Proprietary Information
The proposals received shall become the property of the City of Visalia and are subject to public disclosure.
Proposal prices and information submitted by proposers will be made available to proposers after City Council has approved award of contr act. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the proposer as busin ess or trade secrets, as that term is defined in California Government Code, Section 6254.7 , and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall on ly be disclosed to the public if s uch disclosure is required or permitted under the California Pu blic Records Ac t or othe rwise by law. Pr oposers who indiscriminately an d without ju stification iden tify most , or all, of th eir proposal as exempt from disclosure may be deemed non- responsive.
K. Incurring Costs
The City of Visalia is not liable for any cost incurred by proposers in responding to this Request for Proposals.
L. Firearms Prohibited
Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approv al of a Ci ty of Visalia Departm ent Head, or an exemptio n in the contrac t. If a contractor/vendor/consultant is cau ght carryi ng a g un, without Ci ty permission, th eir contract will be terminated.
M. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (th e EO) regarding Economic Sanctions against Russ ia and Russian entities and individu als. “ Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukrai ne, as well as any sanctions imposed under state law. B y submitting a b id or proposal, Contractor repr esents that it is not a targ et of Economic Sanctions. Should the State determine Contracto r is a target o f 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 con tract execution, or, if determined after cont ract execution, shall be grounds for termination by the State.
VVIIIIII.. MMEEAASSUURREEMMEENNTT AANNDD PPAAYYMMEENNTT AA.. Billing and Payments
Awarded Vendor is fully responsible for assuring that all services arising from the agreement are billed at the correct and applicable contract prices. The vendor is required to establish and m aintain a process to monitor its billing practices and will refund all overcharges that may occur.
In connection with any discount offered , time w ill be co mputed from the d ate of co mplete delivery of the service a s sp ecified, or from the date corr ect inv oices a re rece ived if that date is la ter t han the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check.
The City of Visalia shall withhold retention in the amount of 5% of invoice d amount for completed wo rk.
Retention shall be held until thirty-five (35) days after the filing of a Notice of Completion.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
IIXX.. SSPPEECCIIAALL CCOONNDDIITTIIOONNSS AAPPPPLLIICCAABBLLEE TTOO TTHHIISS PPUUBBLLIICC WWOORRKKSS
CCOONNTTRRAACCTT
A. Department of Indu strial Relations R equirements, Public Works Contractor Registration Program and Project Labor Agreements
Notice is he reby g iven that t his is a Publi c Works Project. All contr actors and s ubcontractors (including Consultants and Sub-Consultants) bidding and performing work on Public Works Projects must:
1. Be currently registered with the California Department of Industrial Relations (DIR)
2. Furnish electronic payroll records for new projects to the Labor Commissioner No contract will be awarded unless t hat con tractor and/or subc ontractors are regi stered with the Calif ornia Department of Industr ial Relations (DIR). Bi ds subm itted b y unregis tered contractors or list unreg istered subcontractors will be rejected as non-responsive.
A contractor or subcontractor shall no t be qual ified to bid on, be listed in a bid proposa l, subject to the requirements of Section 4104 o f the P ublic Contract Code or engage in the performance of any contract for public wor k, as d efined in this chapte r, unl ess c urrently regis tered a nd qualified to per form public work pursuant to Section 172 5.5. 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 Contra ct Code, pro vided the contractor is registe red to perform public wo rk 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 pre -hire collective barg aining agreement that establishes term s and cond itions of employment fo r a specific c onstruction project or pro jects and is an agreement described i n Section 158(f) of Title 29 of the United States Code) is used, then it must co mply with the taxpayer protection provisions set for th in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.
B. City of Visalia Labor Compliance Manual
Consultant shall fulfil l requi rements of Departme nt of Industrial Re lations and Californi a Labor Codes by complying with the City of Visali a Labor Compliance Manua l which is incor porated into hi s RFP and subsequent contract as an attachment and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.
C. Bonds
Awarded Contractor shall be re quired to submit a Performance Bond in the amount of one hundred percent (100%) of the agreement, as surety condition for the full, complete and faithful performance of the agreement. In addition, Awarded Contract or shall be required to furnish a Labor and Materials Bond in the amount of one hundred percent (100%) of the agreement if subcontractors are proposed to be used to complete this project.
According to City standards the surety company mus t be eithe r a Cal ifornia Admitted Surety OR current Treasury Listed Surety (F ederal Register) to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.
D. Project Administrative Issues
1. Complete Project
The successful consultant shall be responsible for providing all materials, labor, equipment, and services necessary to fulfill the requir ements of t his RFP. It is the in tent of this RFP and related agreement to describe a functionally complete project.
2. Quantities/Change Orders
The City reserves and shall have the right to make such changes to the w ork as may be nec essary and desirable to comple te 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 t he originally aw arded contract quan tities and/o r total contract cost. The Contract Price, or the amount due the Contractor will only be reduced/incre ased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Should the Contr actor di sagree with any terms o r c onditions set forth i n an a pproved contract change order not executed by the Contr actor, the Contractor shall submit a written protest to the 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 request ed change order is sent b ack to the Contractor for revisions, the Contractor has 15 (fift een) calendar days to resubmit.
Changes s hall not in validate the contract nor release th e 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 altere d work shall be covered by supplemen tal agreement that is subject to funding agency approval as a pplicable. If the City an d the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.
3. Omitted Items
Project Ma nager is authorize d to omit minor contract items. Major ite ms must be omitted by supplemental agreement.
4. Extra Work
Contractor is prohibited from doing extra work, unless authorized in writing by Project Ma nager before the work is done. The Project Manager should obtain authorization from the Change Or der Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done immediately, the Project Manager may aut horize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as ag reed to in writing by the Project Manager prior to the Extra Work being completed or the Change Order Committee shal l approve an increase in a Change Order issued after the Extra W ork 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 b eing completed, th en C ontractor shall su bmit to the Project Manager the documentation required for a Change Order wi thin for ty-five (45 ) days of co mpleting the Extra Work.
The Project Manager will submit a Change Order request for review and approval by t he Change Order Committee. If the Contr actor does not submit any documen tation wi thin that time period, the Project Manager may move forward with issuing a Change Order to adjust the contract price.
5. Removal of Obstructions
Contractor shall r emove and dispose of all st ructures, debris or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced.
6. Clean Up
Prior to acceptance and final payment, Contractor shall cle an up t he s ite of work, and any areas occupied by Contractor in connection with the project.
E. City-Contractor Relations
1. Project Manager’s Responsibility and Authority
City will designate a Project Manager. All work shall be done under the gen eral supe rvision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of m aterials, wo rk p erformance, rate of progress of work, interpretation of drawings and specifications, and all question s rela ted to f ulfillment o f the contract for the project. Project Manager shall not h ave control over ac ts or omissions of the C ontractor, Subcontractors, their agents or employees.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
2. Contractor/Contractor’s Superintendent
Contractor shall bear all responsibility for, and have all control o ver, the construction means, methods, techniques, sequences, procedures and saf ety precautions or programs rel ated to th e project.
Contractor may designate a superintendent.
3. Project Site/Existing Utilities and Structures
(a) Contractor shall take care to avoid, but shall be responsible for, all damage to existing s tructures, including, but not li mited to temporary or p ermanent fen cing, sewers, water service, drai ns and culverts, underground utilities, and the like.
(b) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor sha ll notify ow ners o f and be res ponsible fo r damage to ut ilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility. iii. Contractor sh all not m ake connection to or draw water fr om any hydrant or pipeline without first obtaining permission to do so.
4. Signs, Barricades, and Notice
Contractor must provide and maint ain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements.
5. Labor
(a) Workmanship. Workmanship shall be equal to the best general pra ctice o f modern-day fabrication shops and good construction practice.
(b) Qualification. Contractor shall ensure that each e mployee who works on this project is qualified to perform their assigned duty in a safe manner.
6. Control of Materials
(a) Source of Supply and Quali ty of Materi als Guarantee. All mat erials, parts and equipment supplied by the Contr actor shall be new and of a quality equal to that specified. Mater ials which become unfit for use shall not be used for the project.
(b) Equivalent Ma terials. Trade names or manufac turer’s cata log informa tion, wh ere used, are a means of indicatin g kind, type, design, style, finish, durabi lity or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every re spect to tho se specifie d. The burden of proof o f compliance with the specifications is the re sponsibility of Contractor. City shall be th e sole judge as to the adequacy of any item for substitution.
(c) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.
7. Storage of Materials
Materials shall be stored to ensure the preservation of their quality and fitness for the project. Contractor assumes full re sponsibility for ensuring that the project and materials are pr otected until project is completed. Any cost for storage of materials is the responsibility of the Contractor.
8. Materials and Shop Drawing Submittals
If applicable, Contractor shall submit to Project Manager for approval, two (2) copies of the materials list and detai led dimensional shop drawing s covering all Co ntractor-furnished items of equipment. Prio r approval by Project Manage r is required. S uch approval s hall not rel ieve the Contractor from th e responsibility of deviation fro m the Contract u nless Contractor has, in writing, called to the attention of the Project Manager such deviations.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
BIDDER’S NAME: ____________________
CONTRACTOR’S INFORMATION
Submit with Bid Proposal
STATE CONTRACTOR’S LIC. CLASS:_________ #_______________________EXP. DATE:___________
STATE D.I.R. REGISTRATION #___________________________________
FEDERAL TAX I.D. #______________________________________
CITY OF VISALIA BU SINESS TAX CERT IFICATE #__________________________________ A City of Visal ia Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a City Licen se prior to commencement of wor k. Contact the Business Tax Division for with any questions at (559) 713 -4326 or [email protected].
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
SUBCONTRACTOR LISTING
The Proposer hereby designates below for the project, opposite v arious portions of the work, t he names, and locations of t he pl aces of busi ness o f each subcont ractor 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 BI DDER. It is understood that the BIDDER, if awarded the contract, shall not substitute any subcontractor i n place of the subcontractors herein designated wit hout the approval of the Project Manager.
SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)
1. Subcontractor Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
2. Subcontractor Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
3. Subcontractor Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
if more space is needed to list additional subcontractor and tr ade classifications, plea se l ist r emaining subcontractors on a separate sheet of paper (pr oviding all requested information for each subcontractor) and submit with Proposal.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Submit With Bid Proposal
BIDDERS BOND
KNOW ALL MEN BY THESE PRESENTS: That we, _______________________________ _________ as principal, and ________________________________________ as surety, are held and firmly bound unto the City of Visalia in the sum of ten percent (10%) of the total amount of the bid price of the principal, to be paid to the said City for which payment well and truly to be made, we bind our selves, our heirs, executors, and administrators, successors, or assigns, jointly and severally, firmly by these presented.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the prin cipal has submitted the above- mentioned bid to the City of Visalia for certain construction specifically described in:
RFP 23-24-30
Project Name: PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK
NOW THEREFO RE, if the aforesaid principal is awar ded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia , one t o guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and rem ain in full force and virtue.
In the event su it is brought upon this bond b y the obligee and judgment is recovered, the surety sha ll pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court.
IN WITNESS WHEREOF, we have set our hands and seals on this _______ day of ____________20_____.
_______________________________________
(Principal)
_______________________________________ ___________________________________ (Signature and Title) (Witness)
_______________________________________
(Surety)
_______________________________________ ___________________________________ (Signature and Title) (Witness)
SIGNATURES OF PRINCIPAL AND SURETY MUST BE WITNESSED BY NOTARY (Attach appropriate acknowledgment)
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Bidders Name: ____________________________
(Submit with Bid Proposal)
FEDERAL AND STATE REQUIREMENTS
All federal procurement requirements prov ided in Uniform Guidance 2 CFR Part 200 shall be in effect. In addition, the fo llowing terms and conditions apply to you, the contractor (including consultants/v endors), as a contractor of the City of Visalia.
The s ervices performed by the awarded Contrac tor shall be in complia nce with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to a cquire and utiliz e the necessary m anuals an d guidelines that ap ply to the work required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contract (e.g., subcontract or sub-agreement).
2) The co ntractor (or subcontractor) must in corporate the applica ble requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services.
3) The prime contractor is responsible for compliance with these contrac t provisions by any subcontrac tor, lower-tier subcontractor, or service provider.
1. ACCESS TO RECORDS (42 CFR 420.302)
(A) The Contractor agrees to provide the City of Visalia, the U.S. Department of Treasury, the Comptroller General of the United States, HHS, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agr ees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed and agrees to cooperate with all such requests. (B) The Contractor a grees to provid e the Treasury De partment or authorized represen tatives access to construction or other work sites pertaining to the work being completed under the contract. (C) No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States.
2. AMERICANS WITH DISABILITES ACT COMPLIANCE (42 U.S.C. 12101 et seq) 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, Agreement, or Purchase Order.
By commencing performance of the work, the selected BIDDER certifies to the Americans with Disabiliti es Act compliance.
3. BIDDER’S STATEMENT ON P REVIOUS CONTRAC TS SUBJECT TO EQU AL EMPLOY MENT 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 contrac t 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
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Bidders Name: ____________________________
(Submit with Bid Proposal)
a compliance report on Standard Form 100 “Employee Information Report EEO-1” prior to award of this contract, agreement, or purchase order.
Note: Failure to complete the blanks may be grounds for rejecting the bid.
4. BONDING REQUIREMENTS (2 CFR 200.326)
The BIDDER acknowledges the requirement for construction or facili ty improvement contracts, agreements, or purchase orders or subcontracts exceeding the Simplified Acquisition Threshold. The City of Visalia accepts the bonding policy and requirements in compliance with Federal guidelines as set forth below:
(A) A Bid Guarantee from each bidder equivalent to 10% of the bid price. The Bid Guarantee must consist of a firm commitme nt such as a bid bond, certified che ck, or othe r negotiable inst rument accompanying a b id as assurance that t he B IDDER will, upon acceptance of the BID , execute such contractual documents as may be required within the time specified.
(B) A Performance Bond on the part of the CONTRACTOR for 100% of the contract price. A Performance Bond is one executed in connection with a contract to secure fulfillment of all the con tractor’s requirement under such contract.
(C) A Payment Bond on the part of the CONTRACTOR for 100% of the contract price. A Payment Bo nd is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
5. BUILD AMERICA, BUY AMERICA ACT (2 CFR 200.1 – IIJA; 49 U.S.C. 5323(J); 49 CFR 661) Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (i ncluding but not limited to iron, aluminum, steel, cement, and o ther manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:
(A) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (B) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as alu minum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
6. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. § 1352, as amended) Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or a n emp loyee of a Member of Congress in connect ion with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtainin g an y Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
7. CERTIFICATE OF NONSEGREGATED FACILITIES (FAR 52.222-23) (A) “Segregated facilities”, as used in this provis ion, means any wa iting rooms, work areas , restroo ms and washrooms, restaurants and other eating areas, t ime clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreat ion or entertainment areas, transportati on, 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. (B) By the submission of a bid, the Bidder certifies that it d oes not and will not ma intain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Bidders Name: ____________________________
(Submit with Bid Proposal)
employees to per form their services at any location under its control where segr egated facilities are maintained. The BIDDER agrees that a breach of this certification is a vio lation of the Equal Opportunity clause in the contract, agreement, or purchase order.
(C) By submission of the bid, the Bidder further agrees that (except where it has obtained identical certification from proposed SUBCONTRACTORS for specific time periods) it will:
i. Obtain identical certificati on f rom proposed SUBCONTRACTORS before the award of subcon tracts under which the SUBBIDDER will be subject to the Equal Opportunity clause; ii. Retain such certifications in its files; and
iii. Forward this certification and the following notice to the proposed SUBCONTRACTORS:
NOTICE OF PRO SPECTIVE SUBCONTRACTORS OF REQUIREMENT
FOR CERTIFICATION OF NON-SEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to t he 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).
(D) By commencing performance of the contract work, the selected BIDDER certifies to the Non segregated Facilities provisions above.
8. CERTIFICATION REGARDING COMPLIANCE WITH FEDERAL FUNDING REQUIREMENTS The BIDDER hereby assures and certifies that it will comply with the federal requirements, regulations, policies, guidelines, and requir ements with respect to the acceptance and use of Federal Funds for this fed erally assisted project.
9. CERIFICATION REGARDING LOBBYING (31 CFR Part 21)
The BIDDER certifies, to the best of their knowledge and belief, that:
(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress i n connection with the awarding of any Federal c ontract, the making of any Federal grant, the making of any Federal loan, t he entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (B) If any funds other than Federal appropriated funds have been paid o r will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Con gress in connecti on with t he Federal contract, grant, loan, or c ooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (C) The undersigned shall require that the language of this certification be include in the a ward documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contractors shall certify and disclose accordingly.
This certification is a material representation of fac t upon which reliance was placed when this transaction was made or entered into. Submission of t his certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The BIDDER certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the BIDDER understands and agrees that the provisions of 31 U.S.C. Ch. 38, Admi nistrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Bidders Name: ____________________________
(Submit with Bid Proposal)
10. CLEAN AIR ACT (42 U.S.C. 7401 -7671) & FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251-1387; 49 CFR 18.36) (applies to purchases of more than$150,000) (A) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(B) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (C) The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City of Visalia and understands and agrees that the City will report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.
11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327 through 333) (applies only to purchases over $100,000, when laborers or mechanics are used) Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704 of the Contra ct Work Hours and Safety Standards Act, as supp lemented by Department of Labor regulati ons (29 C FR part 5). Under Section 3702 of the Act, each contrac tor shall be r equired to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
12. COPELAND “ANTI-KICKBACK” ACT (40 U.S.C. 3145)
CONTRACTOR must comply with the Copel and ‘‘Anti‐Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). Und er the Copeland ‘‘Anti‐ Kickback’’ Act, the CONTRACTOR and all subcontractors are prohibited from inducing, by any means, any person employed in t he construction, completion, or repair of public work, to give up any par t of the compensation to which he or she is otherwise entitled. The CITY must report all suspected or reported violations to the Federal awarding agency.
13. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 3141-3148)
Applies to purchases for construction services in excess o f $2,000. The Contractor must comp ly with the Davis - Bacon Act (40 U.S.C. 3141 -3144 and 3146 -3148) as supplemented by Department of Labor regulations. In accordance with the Davis-Bacon Act, the Contractor is required to pay wages to laborers and mechanics at a rate of not less than the prevailing wages specified in a wage determination made by the U.S. Secretary of Labor. In addition, the Contractor is required to pay wages not less than once per week. The City must provide Contractor with a copy of the current prevailing wage determination issued by the U.S. Department of Labor with respect to the services to be provided under the subject Agreement. The Contractor’s execution of th e subject Agreement constitutes the Contractor’s acceptance of the wage determination. The City must report all suspected or reported violations to the Federal Awarding Agency.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Bidders Name: ____________________________
(Submit with Bid Proposal)
14. DOMESTIC PREFERENCE STATEMENT (2 CFR 200.322)
As appropriate and to the extent consi stent with the law, the BIDDER should, to the greatest extent practicable under a Federal award, provide a preference to the purchase, acquisitio n, or use of goods, products, or materials produce in the United States (including but not limited to iron, aluminum, steel, cement, a nd other manufactured products). The requirements of this section must be included in all subawards including all contracts, agreements, and purchase orders for work or products under this award.
15. DEBARMENT AND SUSPENSION (2 CFR 180; 49 CFR 29, 18.35) (A) This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the Contractor is required to verify that none of Contractor’s principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
(B) The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (C) This certification is a material representation of fact relied upon by the City of Visalia. If it is later determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3 000, subpart C, in addition to remedies available to the City, the Federal Government may pursue avail able remedies, including but not limited to suspension and/or debarment.
(D) The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor f urther agrees to include a provision requiring such compliance in its lower tier covered transactions.
(E) (Executive O rders 12549 and 12689) — By execution of this Agreement, CONTRAC TOR certifies to the CITY that it is not a party listed on the government‐w ide exclusions list in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CF R 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension,’’ and is not debarred, suspended, or otherwise excluded from the award of a federally‐supported contract under statutory or regulatory authority other than Executive Order 12549.
16. DRUG-FREE WORKPLACE CERTIFICATION (41 U.S.C. 8103)
The BIDDER certifies compliance with Government Code Section 8355 in matters relating to providing a drug - free workplace. The BIDDER will:
(A) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controll ed substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). (B) Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to inform employees of all the following:
i. The dangers of drug abuse in the workplace,
ii. The person’s or organization's policy of maintaining a drug-free workplace, iii. Any available counselling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees for drug abuse violations. (C) Provide as required by Government Code Section 8355(c), that every employee who works on t he proposed contract, agreement, grant, or purchase order:
i. Will receive a copy of the company’s drug-free workplace policy statement, and ii. Will agree to abide by the terms of the company’s statement as a condition of employment on the contract, agreement, grant, or purchase order.
(D) At the elections of the BIDDER or CONTRACTOR, from and after the “Date Executed” and until __________ (NOT TO EXCEED 36 MON THS), the government agency will regard this certificate as valid for all contracts, agreements, grants, or purchase orders entered into between the BIDDER and this
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Bidders Name: ____________________________
(Submit with Bid Proposal)
government agency without requiring the BIDDER to provide a new and individual certificate for each contract, agreement, or purchase order. If the BIDDER elects to fill in the blank date, th en the terms and conditions of this certificate were separately, specifically, and individually provided for each contract, agreement, or purchase order between the BIDDER and this government agency.
17. EQUAL OPPORTUNITY (EXECUTIVE ORDER 11246)
Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employm ent Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Except as otherwise provided under 41 CFR Part 60, if this Agreement meets the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3, then during the performance of this Agreement, the CONTRACTOR agrees as follows:
(A) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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 for ms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on be‐ half of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (C) The CONTRACTOR will n ot discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR’S legal duty to furnish information.
(D) The CONTRACTOR will send to each labor union or representative of workers with w hich he has a collective bargaining agreement or other contract or understanding, a n otice to be provided advising the said labor union or workers' representatives of the CONTRACTOR’S commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (E) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (F) The CONTRACT OR wi ll furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (G) In the event of the CONTRACTOR’S noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Bidders Name: ____________________________
(Submit with Bid Proposal)
in whole or in part and the CONTRACTOR may be declared i neligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be im‐ posed 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 as otherwise provided by law.
(H) The CONTRACTOR will include the portion of the sentence immediately p receding paragraph (1) and the provisions of paragraphs (1) through (8) 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 2 4, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the CITY may direct as a means of enforcing such pro visions, including sanctions f or noncompliance: Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub‐contractor or vendor as a result of such direction by the CITY, then the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CIT Y further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work.
(I) The CITY agrees that it will assist and cooperate actively with the adm inistering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant o rders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CI TY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from , or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be impose d upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the pro‐ gram with respect to which t he failure or ref und occurred until satisfactory assurance of future compliance has been received from the CITY; and refer the case to the Department of Justice for appropriate legal proceedings.
18. SEAT BELT USE IN THE UNITED STATES (EXECUTIVE ORDER 13043 & 62 CFR 19217) Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company-owned, rented or personally owned vehicles.
19. IRAN CONTRACTING ACT CERTIFICATION (PUBLIC CONTRACT CODE SECTION 2200 et seq.)
As required by California Public Contract Code Section 2204, the BIDDER/CONTRACTOR certifies, subject to penalty for perjury, that the option checked below relating to the BIDDER/CONTRACTOR’S status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq) is true and correct:
(A) The BIDDER/CONTRACTOR is not:
i. Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the Cal ifornia Department of General Services in ac cordance with subd ivision (b) of Public Contract Code Section 2203; or
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Bidders Name: ____________________________
(Submit with Bid Proposal)
ii. A financial institution that extends for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identifie d on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) Public Contract Code Section 2203, if that person or entity uses or will us e the credit to provide goods or services in the energy sector in Iran. (B) The City has exempted the BIDDER/CONTRACTOR from the requirements of the Iran Contracting Act of 2010 after making a public f inding that, abse nt the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the contract, agreement, or purchase order. (C) The amount of the contract, agreement, or purchase order payable to the BIDDER/CONTRACTOR for the project does not exceed $1,000,000 over the life of the contract, agreement, or purchase order (up to 5 years).
Note: In accordance with Public Contract Code Section 2205, false certifi cation of this form shall be reported to the California Attorn ey General and ma y result in civil penalties equal to the greater of $250,000 or twice the contract, agreement, or purchase order amount, termination of the contract, agreement, or purchase orde r amount, and/or eligibility to bid on contracts for three years.
20. MINORITY AND WOMEN BUSINESS ENTERPRISES (EXEC ORDERS 11625, 12138, and 12432) Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12 138 (concerning W omen's Business Enterprise). Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sourc es of supplies, equipment, construction, and services. Affirma tive steps shall include the following:
(A) Including qualified women’s business enterprises and small and minority businesses on solicitation lists. (B) Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources.
(C) When ec onomically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises. (D) Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business. (E) Using the services and assistance of the Small Business Administration, and the U.S. Office of Minority Business Development Agency of the Department of Commerce; and (F) If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in (A) - (E) above.
For the purposes of these requirements, a Minority Business Enterprise (MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of the following groups: Black, Hispanic, Asian or Pacific Islander, American Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women.
21. NON-COLLUSION AFFIDAVIT (CALIFORNIA PUBLIC CONTRACT CODE SECTION 7106) The BIDDER certifies, under the PENALTY OF PERJURY under the laws of the State of California that the below statement is true and correct:
That the BID is not made in the interest of, or on the 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, conni ved, or agreed with any BIDDER or anyone else to put in a sham BID, or that anyone shall refrain from biddin g; that the BIDD ER has not in any manner, directly or indirectly, soug ht by agreement, communication, or conference with anyone to fix the bid price of the BIDDER of any other BIDDER,
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Bidders Name: ____________________________
(Submit with Bid Proposal)
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, ag reement, or purchase order; that all statements contained in the bid are t rue; 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.
22. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is no t a party to this contract and is not subject to any o bligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract.
23. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323)
(A) In the perf ormance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
i. Competitively within a timeframe providing for compliance with the contract performance schedule. ii. Meeting contract performance requirements; or
iii. At a reasonable price.
(B) Information about this requirement, along with the list of EPA -designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-program.
(C) Contractor agrees to comply with all other applicable requirements of Section 6002 - Solid Waste Disposal Act.
24. PROHIBITION ON CERTAIN TELECOMMUNICATIONS & VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (Huawei and ZTE) (FAR 52.204-25)
Contractor is prohibited from obligating or expending loan or grant funds to:
(A) Procure or obtain.
(B) Extend or renew a contract to procure or obtain; or (C) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Commu nications Co rporation, Hangzhou Hikvision Digital Technology Company, o r Dahua Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonabl y beli eves to be a n entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Bidders Name: ____________________________
(Submit with Bid Proposal)
25. RECORDS RETENTION (2 CFR 200.334-337)
(A) Contractor must retain all financial records, supporting documents, statistical records, and all other of its records pertinent to this Agreement for a period of three years from the date of submission of the final expenditure report or, for Federal aw ards that ar e renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or CITY. The only exceptions to the three-year limit are the following:
i. If any litigation, claim, or audit is started before the expiration of the 3 -year period, then the records must be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken.
ii. When the Contractor is notified in writing by the City or Federal awarding agency, cognizant agency for audit, oversight agency for audit, or cognizant agency for indirect costs to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must be ret ained for 3 years after final disposition.
iv. When records are transferred to or maintained by the City or Federal awarding agency, the 3 -year retention requirement is not applicable to the Contractor.
26. REDUCING TEXT MESSAGING WHILE DRIVING (EXECUTIVE ORDER 13513-13513 FR 51225) Contractor is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers.
27. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (37 CFR 401) Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small B usiness Firms Under Government Grants, Contracts and Cooperative Agreements,” and any applicable implementing regulations.
28. WORKERS’ COMPENSATION INSURANCE CERTIFICATE (CALIF LABOR CODE SECT 3700) The BIDDER acknowledges that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensati on or to undertake self - insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work under this contract, agreement, or purchase order.
29. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements
Notice is hereby given that this is a public works project and therefore subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must: Register on an annu al basis with the California Department of Industrial Relations (DIR) a nd 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 o f Industrial Relations (DIR). Bids submitted by unregistered contractors or that list unregistered subcontractors will 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
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Bidders Name: ____________________________
(Submit with Bid Proposal)
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 regi stered 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) i s used, then i t 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 includ ed 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 lang uage 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 lis ted in a bid proposal, or perform any public work for t he 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 publi c work, subjec t 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. I nformation on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html .
❑ The contractor and each subcontractor shall maintain all project records req uired under CLC for public works projects and preserve them for a minim um 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 Directo r of Labor Sta ndards 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;
o 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 complian ce with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to al l authorized parties upon written request and be s ubject to pena lties for non - compliance as detailed in labor code section 1776.
o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Bidders Name: ____________________________
(Submit with Bid Proposal)
❑ 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 w ith 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:
o As set forth in CLC section 1775(b)(1), any contract execut ed between a con tractor 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.
o 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.
o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the su bcontractor to the employees, by p eriodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the con tractor 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.
o As set forth in CLC section 1 775(b)(4), prior t o making final p ayment 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 co ntractor, 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 Standar ds (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 sh all 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 sect ion 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
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Bidders Name: ____________________________
(Submit with Bid Proposal)
bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).
❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract.
o The contractor shall continually monitor a subcontractor’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.
o Upon becoming aware of a failure of the subcontractor to employ the required number o f apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.
o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed 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 worke r needed to execut e the contract f rom 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.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP No. 23-24-30
Bidders Name: ____________________________
(Submit with Bid Proposal)
ACKNOWLEDGMENT
The official named below acknowledges that they are duly authorized legally to bind the BIDDER/CONTRACTOR to the certifications listed above. They acknowledge that they are fully aware that this certification, executed on the date below, in made under penalty of perjury under Federal and State of California laws.
BIDDER/CONTRACTOR FIRM NAME
FEDERAL ID NUMBER
BY (Authorized Signature)
DATE EXECUTED
PRINTED NAME OF SIGNER
TELEPHONE NUMBER
( )
TITLE
BIDDER/CONTRACTOR FIRM’S MAILING ADDRESS
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP NO. 23-24-30
SAMPLE CONTRACT
City of Visalia RFP No. 23-24-30
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK
This Agreement, entered in to and effective this ______ day of _______, 2023, by and between the City of Visalia, hereinafter referred to as the “C ITY”, and _____________ _______________ hereinaf ter r eferred to as the “VENDOR”, “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, VENDOR is an ____ ________________ (in sert individual or entity typ e) with a primary business address of ____________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and
WHEREAS, CITY desir es Playground Design & Installation Services as evidenced by RFP No. 23-24-30, Playground Design & Installation Services at Rotary Park Project; and
WHEREAS, City of Visalia reviewed and evaluated responses to the Proposal and determined to award a contract to VENDOR for the Playground Design & Installation Services at Rotary Park Project; and
WHEREAS, VENDOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement,
NOW, THEREFORE, CITY and VENDOR agree as follows:
1. TERM:
The term of this Agreement sh all commence on the Effective Date and expire upon completion of all obligations of the parties, unless earl ier term inated by the pa rties. The indemnification and defense provisions shall su rvive expiration and termination. S uspension or termination of t his Agreement may occur if CONTRACTOR materially fails to comply with any term of the award. Additionally, this Agreement may be te rminated for convenience . In the event of termination or e xpiration of this Agreemen t, CONTRACTOR shall transfer to CITY an y funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attac hments for this Agreement. Said attachments are incorporated in to this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of V isalia RFP 23-24-30, Playground Design & In stallation Services at Rotary Park Project
Attachment 4 Vendor’s proposal in response to RFP No. 23-24-30 Attachment 5 Project Cost and Schedule of Fees for Professional Services Attachment 6 City of Visalia Labor Compliance Manual
3. VENDOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide the following services for the stated compensation (“Scope of Services”):
A. The CONTRACTOR agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described as Scope of Services in RFP 23-24-30, for the cost identified in Attachment 5 of this Agreement.
B. Additional Services: Incidental work relate d to the PROJECT and not d escribed in RFP 23-24-30, may be needed dur ing the perf ormance of t his Agreement. The CONTRACTOR agrees to provide any a nd al l
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP NO. 23-24-30
additional s ervices a t the rates identified in Attachment 2 - Schedule of Fees for Professional Service s.
Such additional servic es shall not be performed by C ONSULTANT wit hout the written c onsent of CITY’s CHANGE ORDER COMMITTEE.
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor
5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services requested; however, CITY shall pay not more th an the following amount under this Agreement, unless oth erwise agreed in writing. Such sum shall be expended and paid by CI TY on a reimburs ement basis for services actually performed based o n the monthly report and simi lar documents presented by CONTRACTOR to CITY.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: ________________ By:______________________________________________________ Authorized Officer: I c ertify under p enalty of perju ry under the laws of the State of California that I am fully authorized to execute this Agreement for VENDOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
Dated: _________________ By:______________________________________________________ City Manager
Dated: _________________ By:______________________________________________________ City Attorney
Dated: _________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: _________________ By:______________________________________________________ City of Visalia Project Manager
Cost $ (insert Council Awarded Amount)
Source of Funds: ARPA (Federal) Funds
Payment Schedule: Within 30 da ys f rom receipt of app roved invoice for completed work , less 5% retention until 35 days after work is completed a nd accepted by CITY as evidenced by the recordation of a Notice of Completion
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP NO. 23-24-30
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreeme nt shall be b inding upon and shall inure to the benefi t of any successors to or assigns of the parties.
B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their righ ts and duties in t his Agreement without the written consent of the other party.
C. Notices: Notice shall be sufficient hereunder if personally served upon the C ity Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United Sta tes Postal Service, postage pr epaid, addressed as follows:
CITY OF VISALIA CONTRACTOR _________________
707 W. Acequia Ave. ______________________________
Visalia, CA 93291 ______________________________
Attention: City Clerk Attention: ____________________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent c ontractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of t he State of California. Jurisdiction of litigation arising from this Agree ment shall be in Calif ornia.
Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare Count y, California. Th e CONTRACTOR hereby expr essly wa ives any right to remove any action to a county o ther than Tulare County as permitt ed pursuant to Section 3 94 of the Ca lifornia Code of Civil Procedure.
F. Integration/Modification: Th is Ag reement and each o f t he documents an d exhibits or attachment s referenced herein, which are incorporated by refe rence, represents the entire understanding of the pa rties as to those matters contained herein. No prior oral or written understanding shal l be of any force or ef fect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law: If any part of this Agreement is found to be in confl ict with applicable laws, such part shall be inope rative, null and void insofar as it is in c onflict with said law, but th e remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any an d all claims and recourse against the CITY, including the right of contribution of loss or damage to person or pr operty arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claim s arising from the conc urrent or sole neg ligence of the CITY or i ts offic ers, agents or employees. The CONTRACTOR will indemnify, hold ha rmless, and defend (at CITY’s option) the CITY against any and al l claims, demands, damages, costs, expenses, or liabi lity arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concur rent or sole negligence of the CITY or its officers, agents, or employees.
I. Guarantees and Warranties:
1. IN GENERAL: All guarantees and war ranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.
2. ONE YEAR GUARANTEE: Besides guarantees required else where, CON TRACTOR shal l and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.
3. WARRANTIES: Warranties required by this Agreement sh all commence on the date of acceptance of the work by CITY, unless otherwise provided in a Certificate of Substantial Completion.
CONTRACTOR warrants that the materials and equipment furnished under the Agre ement will be new and of recent manufacturer unless otherwise specified, and that all work will be of g ood quality, free from faults and de fects, and in conformance with the Ag reement. Wo rk that does n ot conform may be co nsidered
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP NO. 23-24-30
defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, im proper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.
CONTRACTOR warrants that title to all work covered b y an application for payment will pass to the CITY either by incorporati on i n the construction or upon the rece ipt of payment b y the CONTRA CTOR, whichever occurs first, free and clear of all liens.
CONTRACTOR warrants and guarantees that title to all work , materials, and equipment covered by any application for payment, wheth er incorporated in the project or not, will pass to CITY no later t han the time of payment free and clear of all liens.
No materials or supplies for the project shall be purchased by the CONTRACTOR or SUBCONTRACTOR subject to any mortgage or under a condi tion of sale contract or other agreement by w hich an in terest is retained by the seller. CONTRACTOR warrants that it has good title to all materials and supplies used by it in the project, free from all liens.
CONTRACTOR shall indemnify and hold CITY h armless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workers, mechanic s, material persons, and furnishers of machinery and parts thereof, equipment, p ower tools, and all supplies, incurred in furtherance of the performance of this Agreement. CONTRACTOR shall, at CITY’s reques t, furnish s atisfactory evidence that all obligat ions of the nature here an d above designated h ave been paid, discharged, or waiv ed. If CONTRACTOR fails to do so, then CITY may , after having served wr itten notice on the CONTRACTOR, either pay directly unpaid bills, of which the CITY has written notice, or withhold from the CONTR ACTOR’s unpaid compe nsation a sum of money deemed reas onably sufficient to pay any and all such lawful claims until satisfacto ry evidence is furnished that a ll liabi lities have been fully disch arged where upon payment to the CONTRACTOR shall be resumed, in accordance of the t erms of this Agreement, but in no event shall the provisions of this sentence be c onstrued to impose any o bligations on the CITY to eithe r the CONTRACTOR or its surety. In paying any unpaid bills of the CONTRA CTOR, the CITY shall be deemed the agent of th e CONTRACTOR and any payment so ma de by the CITY shall be considered as payment made under the contract by the CITY to the CONTRACTOR and the CIT Y shal l not be l iable to the CONTRACTOR for any such payments made in good faith.
Any defective work that is e ither corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.
J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of thi s Agreement, the prevail ing party, as deter mined by the court or arbitra tor, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
K. Headings: Section headings are p rovided for organizatio nal purpos es only and do not in an y manner affect the scope or intent of the provisions thereunder.
L. Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
M. Executive Order N -6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding E conomic Sanctions against Russia and Russian entities and individuals. “Economi c Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukrain e, 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. According ly, should the State determine Contractor is a target of Economic S anctions or is conducting prohibited transactions with sanctioned individuals o r entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advanc e 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.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP NO. 23-24-30
Attachment 2
INSURANCE REQUIREMENTS
1. Contractor Insurance. CONTRACTOR, at its so le cost and expen se, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compl iance with all of the following insurance coverage(s) and requirements. Such insurance cov erage shall be primary coverage as respects CITY an d any insurance or self -insurance maintai ned by CITY sh all be in excess o f CONTR ACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement , CONT RACTOR shall obtain and maintain in dependent insu rance as to each subcontractor or otherwise provide evidenc e of insur ance coverag e fo r each subcontractor equiva lent to that required of CONTRACTOR.
3. Types o f Insurance and Minimum Li mits. The follow ing ty pes of insurance and mi nimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in acc ordance with th e laws of the State of California providing coverage for any and all emplo yees o f CONTRACTOR in the min imum statuto rily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of t his Agreement, including owned, non -owned (e.g . owned by CONTRACTOR’s em ployees or contra ctors), leased or hired vehic les, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Professional Liabi lity Insurance coverage, in an am ount not less than One Million Dollars ($1,000,000).
d. Comprehensive or Com mercial General Liabili ty I nsurance coverage in the mi nimum am ount o f $1,000,000 combined single limit, including coverage for:
(1) bodily injury
(2) personal injury
(3) broad form property damage
(4) contractual liability
(5) cross-liability
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance co verage required in this A greement is provid ed on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to m aintain the required coverage for a period of three (3) years after the expiration of this A greement (hereinafter “post agreement coverage”) and any extensio ns thereof.
CONTRACTOR may maintain the required post agreem ent coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both availab le a nd reasonably affordable in relation to the co verage provided during t he term of this Agreement. For purpo ses of interpreting this requirement, a cost not exceeding 100% of the la st annual policy premium during the term of this Agreemen t in order to p urchase prior acts or tai l cove rage for post agree ment c overage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liab ility Insurance shall be endorsed t o contain the following clauses:
a. The City o f Visalia, its off icers, agents, employees, representatives, and vo lunteers 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.
b. It is agree d th at any insuran ce main tained by the City of Vis alia s hall app ly in exce ss of and not contribute with insurance provided by this policy.
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP NO. 23-24-30
c. This insurance shall not be canceled, limite d in s cope or coverage, or non -renewed until after th irty (30) days prior written notice h as been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291.
6. Proof of Coverage.
CONTRACTOR agrees to pr ovide its insurance broker(s) with a full copy of these insurance prov isions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of al l the required Endorsements shall be a ttached to the Certificate(s) of I nsurance or other evidence of insura nce acceptable to the City of Visali a, which shall be provided by C ONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proo f of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia Purchasing Division
707 W. Acequia
Visalia, CA 93291
PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP NO. 23-24-30
SAMPLE CONTRACTOR AFFIDAVIT
I, declare under penalty of perjury
(Affidavit’s Name)
under the laws of the State of California and the provisions of the California Labor Code §1771,
§1773.1, §1775, §1776, §1777.5, §1813 and §1815 that:
1. I am the of and I
(Officer, Owner, Partner) (Company)
am responsible for the payment of persons employed by
(Company)
who performed work on the City of Visalia Project entitled:
2. During all payroll periods from through ,
(first work date) (last work date)
all persons employed by on this project
(Company)
have at all times been paid, at a minimum, the specified general prevailing rate of
per diem wages and any amounts due.
3. During all payroll periods on this project, all apprenticeship requirements have been
complied with.
Executed and sworn to this day of ,
(Day) (Month) (Year)
___________________________________ __________________ (Signature) (Date)