Visalia City Council
June 3, 2024

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 elected and appointed officers, employees, and CITY designated volunteers from and 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 the 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 indemnify and hold harmless VENDOR, its officers, employees, and designated volunteers from and against any and all losses, defense costs, liability or consequential damages to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, VENDOR agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any 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, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.

Without limiting CITY’s right to indemnification, it is agreed that VENDOR shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
 Workers’ Compensation insurance as required by California statutes.  Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).
 Professional Liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
 Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage 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, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City of Visalia, Purchasing Division, 707 W.

Acequia, Visalia, CA 93291, with the exception of cancellation for non-payment of premium, in which case ten (10) days’ notice shall be given.”
In addition, the Commercial general liability policy required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”
“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insured as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.”
The successful bidder shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should Consultant cease to have insurance as required during any time, all work by Consultant pursuant to this agreement shall cease until insurance acceptable to the City is provided.
799

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

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 premiums for such insurance from any sums due under the Agreement; or

2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

VII. EXAMINATION OF CONTRACT REQUIREMENTS AND ACCEPTANCE

OF PROPOSAL CONTENT
Before submitting a proposal, proposers must satisfy themselves by personal examination of the proposal requirements and other contract documents, and by any other means 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 submission of a proposal shall be considered conclusive evidence that the proposer has carefully investigated all conditions that affect, or may at some future date affect, the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the proposal. Submission of a proposal shall also be evidence that the proposer is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work.

No proposer shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the proposer receives an award as a result of this Request for Proposals, failure to have made such investigations and examinations will in no way relieve the proposer from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the proposer for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals.

Should the proposer feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the proposal.

The contents of the proposal of the successful proposer shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement shall result in cancellation of award.

A. Withdrawal of Proposals
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Purchasing Division. The 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 proposal. 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; to waive any requirements, both the City's and those proposed by the vendor; to waive any irregularities or informalities in any proposal or the RFP process when it is in the best interest of the City to do so; to negotiate for the modification of any proposal with mutual consent of the proposer; to re-advertise for proposals, if desired; to sit and act as sole judge of the merit and qualifications of the service offered and; to evaluate in its absolute discretion, the proposal of 800

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

each vendor, so as to select the vendor which best serves the requirements of the City, thus insuring that the best interest of the City will be served. Proposer’s past performance and the City's assurance that each proposer will provide service as proposal, will be taken into consideration when proposals are being evaluated.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the proposer will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such proposer 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 perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in 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 agreement may be terminated at that time. A determination as to whether 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 the information called for in this RFP. Brochures or other promotional presentations beyond that sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.

Proposals will be evaluated by a Selection Committee. The City reserves the right to make the selection of a proposer based on any or all factors of value, whether quantitatively identifiable or not, including, but 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 awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

3. Should proposer be awarded contract, proposer shall not assign contract, or any part thereof, or any moneys due or to become due thereunder, without prior consent of the City.

4. Proposer shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the proposer, its consultants, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused 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 any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

6. Proposer warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the proposer, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract either in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
801

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

D. Proposal Pricing Guidelines
Proposer shall provide proposed fees and cost information as a part of this Request for Proposals. Proposed fees shall be submitted under separate, sealed cover.

E. Assignment of Contract
No assignment by the vendor of the contract or 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 require performance by the proposer of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such 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 no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

G. Ethics in Public Contracting
Each proposer, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the 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 with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value.

The proposer further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.

Prior to the award of any contract, the potential Consultant may be required to certify in writing to the Purchasing Division that no relationship exists between the proposer and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

More than one proposal from an individual, firm, partnership, corporation or association under the same or different names may be rejected. Reasonable 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 comply with all the requirements, when applicable, of the California Fair Employment Practice Commission and provisions of, when applicable, 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 any employee or applicant for employment on the basis of race, religion, color, gender, age, handicap, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the proposer. The proposer agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

3. Proposer, in all solicitations or advertisements for employees, placed by, or on behalf of the proposer, shall state that proposer is an Equal Opportunity Employer. 802

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

I. Venue
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Tulare County, California.

J. Proprietary Information
The proposals received shall become 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 contract. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the proposer as business 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 only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed nonresponsive.

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 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 Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

VIII. MEASUREMENT AND PAYMENT
A. 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 maintain a process to monitor its billing practices and will refund all over-charges that may occur.

In connection with any cash discount offered, time will be computed from the date of complete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check.

The City of Visalia shall withhold retention in the amount of 5% of invoiced amount for completed work.

Retention shall be held until thirty-five (35) days after the filing of a Notice of Completion.

IX. SPECIAL CONDITIONS APPLICABLE TO THIS PUBLIC WORKS

CONTRACT
803

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

A. 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. All contractors and subcontractors (including Consultants and Sub-Consultants) bidding and performing work on Public Works Projects must:

1. Be currently registered with the California Department of Industrial Relations (DIR)

2. Furnish electronic payroll records for new projects to the Labor Commissioner No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors or list unregistered subcontractors will be rejected as non-responsive.

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

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

B. City of Visalia Labor Compliance Manual
Consultant shall fulfill requirements of Department of Industrial Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into his RFP and subsequent contract as an attachment and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.

C. Bonds
Awarded Contractor shall be required 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 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.

According to City standards the surety company must be either a California Admitted Surety OR current Treasury Listed Surety (Federal Register) to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.

D. Project Administrative Issues

1. Complete Project
The successful consultant shall be responsible for providing all materials, labor, equipment, and services necessary to fulfill the requirements of this RFP. It is the intent of this RFP and related agreement to describe a functionally complete project.

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

Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 804

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-

1.03 of the Standard Specifications apply.

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

Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract. These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time where, in the Project Manager’s opinion, such extensions are commensurate with the amount and difficulty of added work.

Excessive altered work shall be covered by supplemental agreement that is subject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.

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

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

If the Project Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documentation required for a Change Order within forty-five (45) days of completing the Extra Work.

The Project Manager will submit a Change Order request for review and approval by the Change Order Committee. If the Contractor does not submit any documentation within that time period, the Project Manager may move forward with issuing a Change Order to adjust the contract price.

5. Removal of Obstructions
Contractor shall remove and dispose of all structures, debris or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced.

6. Clean Up
Prior to acceptance and final payment, Contractor shall clean up the site 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 general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.

2. Contractor/Contractor’s Superintendent.
805

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

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

Contractor may designate a superintendent.

3. Project Site/Existing Utilities and Structures
(a) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to: temporary or permanent fencing, sewers, water service, drains 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 shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility. iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so.

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

5. Labor
(a) Workmanship. Workmanship shall be equal to the best general practice of modern-day fabrication shops and good construction practice.
(b) Qualification. Contractor shall ensure that each employee 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 Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project. (b) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor. City shall be the sole judge as to the adequacy of any item for substitution.
(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 responsibility for ensuring that the project and materials are protected 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 detailed dimensional shop drawings covering all Contractor-furnished items of equipment. Prior approval by Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.
806

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

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 BUSINESS TAX CERTIFICATE #__________________________________ A City of Visalia Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a City Tax Certificate prior to commencement of work. Please contact the Business Tax Division for with any questions at (559) 713-4326 or [email protected]. 807

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

BIDDER’S NAME: ____________________

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

SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)

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

Email Address:

CSLB # Expires:

DIR Registration #

2. Subcontractor Name: 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 trade classifications, please list remaining subcontractors on a separate sheet of paper (providing all requested information for each subcontractor) and submit with Proposal.
809

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

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 ourselves, 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 principal has submitted the abovementioned bid to the City of Visalia for certain construction specifically described in:

RFP 23-24-12A
Project Name: PLAYGROUND SHADE STRUCTURE DESIGN PROJECT AT RECREATION PARK NOW THEREFORE, if the aforesaid principal is awarded 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 to 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 remain in full force and virtue.

In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall 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)
813

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

Bidders Name: ____________________________
(Submit with Bid Proposal)

FEDERAL AND STATE REQUIREMENTS
All federal procurement requirements provided in Uniform Guidance 2 CFR Part 200 shall be in effect. In addition, the following terms and conditions apply to you, the contractor (including consultants/vendors), as a contractor of the City of Visalia.

The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply 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 contractor (or subcontractor) must incorporate the applicable 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 contract provisions by any subcontractor, lowertier 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 agrees 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 agrees to provide the Treasury Department or authorized representatives 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 Disabilities Act compliance.

3. BIDDER’S STATEMENT ON PREVIOUS CONTRACTS SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:

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

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

If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on 814

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

Bidders Name: ____________________________
(Submit with Bid Proposal)
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 facility 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 commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the BIDDER 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 contractor’s requirement under such contract. (C) A Payment Bond on the part of the CONTRACTOR for 100% of the contract price. A Payment Bond 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 (including but not limited to iron, aluminum, steel, cement, and other 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 aluminum; 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 an employee of a Member of Congress in connection 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 obtaining any 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 provision, means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.
(B) By the submission of a bid, the Bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform

815

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

Bidders Name: ____________________________
(Submit with Bid Proposal)
their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract, 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 certification from proposed SUBCONTRACTORS before the award of subcontracts 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 PROSPECTIVE 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 the Equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e. quarterly, semi-annually, or annually).
(D) By commencing performance of the contract work, the selected BIDDER certifies to the Nonsegregated 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 requirements with respect to the acceptance and use of Federal Funds for this federally 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 in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the 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 or 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 Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, “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 award 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 fact upon which reliance was placed when this transaction was made or entered into. Submission of this 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, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. 816

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

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 etseq.
(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 etseq. (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 Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 3702 of the Act, each contractor shall be required 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 Copeland ‘‘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’’). Under the Copeland ‘‘Anti‐ Kickback’’ Act, the CONTRACTOR and all subcontractors are prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The CITY must report all suspected or reported violationsto the Federal awarding agency.

13. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 3141-3148)
Applies to purchases for construction services in excess of $2,000. The Contractor must comply 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 the 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. 817

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

Bidders Name: ____________________________
(Submit with Bid Proposal)

14. DOMESTIC PREFERENCE STATEMENT (2 CFR 200.322)
As appropriate and to the extent consistent with the law, the BIDDER should, to the greatest extent practicable under a Federal award, provide a preference to the purchase, acquisition, or use of goods, products, or materials produce in the United States (including but not limited to iron, aluminum, steel, cement, and 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. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available 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 further agrees to include a provision requiring such compliance in its lower tier covered transactions. (E) (Executive Orders 12549 and 12689) — By execution of this Agreement, CONTRACTOR certifies to the CITY that it is not a party listed on the government‐wide exclusions list in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 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 controlled 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 the 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 MONTHS), the government agency will regard this certificate as valid for all contracts, agreements, grants, or purchase orders entered into between the BIDDER and this government agency without 818

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

Bidders Name: ____________________________
(Submit with Bid Proposal)
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, then 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 Employment 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 forms 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 not 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 which he has a collective bargaining agreement or other contract or understanding, a notice 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 CONTRACTOR will 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 in whole or in part 819

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

Bidders Name: ____________________________
(Submit with Bid Proposal)
and the CONTRACTOR may be declared ineligible 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 preceding 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 24, 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 provisions, including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomesinvolved 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 CITY 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 administering 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 orders 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 CITY 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 imposed 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 the failure or refund 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 California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
820

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

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 identified 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 use 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 finding that, absent 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 certification of this form shall be reported to the California Attorney General and may 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 order 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 12138 (concerning Women's Business Enterprise).

Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction, and services. Affirmative 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 economically 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, connived, or agreed with any BIDDER or anyone else to put in a sham BID, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER of any other BIDDER, or to fix any 821

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

Bidders Name: ____________________________
(Submit with Bid Proposal)
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, agreement, or purchase order; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham BID.

22. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the nonFederal 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 performance 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-procurementguideline-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 Communications Corporation, Hangzhou Hikvision Digital Technology Company, or 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, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 822

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

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 awards that are 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 retained 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 Business 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’ compensation 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 annual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors 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 Section 1725.5. It is not a violation 823

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

Bidders Name: ____________________________
(Submit with Bid Proposal)
of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

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

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.
 As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
 As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.  As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html .  The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.  In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.  In accordance with labor code section 1776 and its enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall; 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 compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776.
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. 824

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

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 with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).
 As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
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 subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall 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 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
 In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
 Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070- 3098 may be employed at the apprentice wage rate on public works.  Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
 The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a 825

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

Bidders Name: ____________________________
(Submit with Bid Proposal)
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 of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected. o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.  The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

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

As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself. 826

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

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
827

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

SAMPLE CONTRACT
City of Visalia RFP No. 23-24-12A

PLAYGROUND SHADE STRUCTURE DESIGN PROJECT AT RECREATION PARK This Agreement, entered into and effective this ______ day of _______, 2024, by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “VENDOR”, “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, VENDOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires Playground Shade Structure Design and Installation services at Recreation Park Playground, as evidenced by RFP No. 23-24-12A, Playground Shade Structure Design Project at Recreation Park; and
WHEREAS, City of Visalia reviewed and evaluated responses to the Proposal and determined to award a contract to VENDOR for the Playground Shade Structure Design 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 shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The indemnification and defense provisions shall survive expiration and termination. Suspension or termination of this Agreement may occur if CONTRACTOR materially fails to comply with any term of the award. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFP 23-24-12A, Playground Shade Structure Design Project at Recreation Park Attachment 4 Vendor’s proposal in response to RFP No. 23-24-12A 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”):
828

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

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-23-24-12A, for the cost identified in Attachment 5 of this Agreement.

B. Additional Services: Incidental work related to the PROJECT and not described in RFP-23-24-12A, may be needed during the performance of this Agreement. The CONTRACTOR agrees to provide any and all additional services at the rates identified in Attachment 2 - Schedule of Fees for Professional Services. Such additional services shall not be performed by CONSULTANT without the written consent 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 than the following amount under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on the monthly report and similar documents presented by CONTRACTOR to CITY.

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

VENDOR
Dated: ________________ By:______________________________________________________ Authorized Officer: I certify under penalty of perjury 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 days from receipt of approved invoice for completed work, less 5% retention until 35 days after work is completed and accepted by CITY as evidenced by the recordation of a Notice of Completion* 829

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

Attachment 1

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

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

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

CITY OF VISALIA CONTRACTOR _________________
707 W. Acequia Ave. ______________________________
Visalia, CA 93291 ______________________________
Attention: City Clerk Attention: ______________________ D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California.

Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

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

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

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

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties 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 elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.

3. WARRANTIES: Warranties required by this Agreement shall commence on the date of acceptance of the work by CITY, unless otherwise provided in a Certificate of Substantial Completion.

CONTRACTOR warrants that the materials and equipment furnished under the Agreement will be new and of recent manufacturer unless otherwise specified, and that all work will be of good quality, free from faults 830

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

and defects, and in conformance with the Agreement. Work that does not conform may be considered defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.

CONTRACTOR warrants that title to all work covered by an application for payment will pass to the CITY either by incorporation in the construction or upon the receipt of payment by the CONTRACTOR, 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, whether incorporated in the project or not, will pass to CITY no later than the time of payment free and clear of all liens.

No materials or supplies for the project shall be purchased by the CONTRACTOR or SUBCONTRACTOR subject to any mortgage or under a condition of sale contract or other agreement by which an interest 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 harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workers, mechanics, material persons, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, incurred in furtherance of the performance of this Agreement. CONTRACTOR shall, at CITY’s request, furnish satisfactory evidence that all obligations of the nature here and above designated have been paid, discharged, or waived. If CONTRACTOR fails to do so, then CITY may, after having served written notice on the CONTRACTOR, either pay directly unpaid bills, of which the CITY has written notice, or withhold from the CONTRACTOR’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged where upon payment to the CONTRACTOR shall be resumed, in accordance of the terms of this Agreement, but in no event shall the provisions of this sentence be construed to impose any obligations on the CITY to either the CONTRACTOR or its surety. In paying any unpaid bills of the CONTRACTOR, the CITY shall be deemed the agent of the CONTRACTOR and any payment so made by the CITY shall be considered as payment made under the contract by the CITY to the CONTRACTOR and the CITY shall not be liable to the CONTRACTOR for any such payments made in good faith.

Any defective work that is either 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 this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

K. Headings: Section headings are provided for organizational purposes only and do not in any 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 Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 831

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

Attachment 2

INSURANCE REQUIREMENTS

1. Contractor Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Professional Liability Insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
d. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury
(2) personal injury
(3) broad form property damage
(4) contractual liability
(5) cross-liability
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof.

CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
832

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

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

6. Proof of Coverage.

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

City of Visalia Purchasing Division
707 W. Acequia
Visalia, CA 93291
833

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP NO. 23-24-12A

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)
834
835
836
837
838
839
840
841
842
843
844
845

CITY OF VISALIA
RFP–23-24-12A
Shade Structure Design & Installation Services at Recreation Park Proposal Evaluation Form (Step 1)
Instructions: Each evaluator is to review the written proposals submitted and evaluate them. The maximum number of scores that can be given to a category is listed. Additional comments can be added in the section below. Please list Proposer’s Name in the space provided below.

Proposer Name: __________________________________________________ Contact: ________________________________________________________ Option Number: ________________ (if applicable)
Criteria Max Points Points Scored
Proposal addresses design guidelines and specifications 25 Quality of design, play value and target demographic 20 Quality and durability of equipment 20
Uniqueness of equipment 15
Reputation and reliability of manufacturer 10
Overall quality of proposal 10
100 Points Possible Total: _________
Comments:
_________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Evaluator’s Name: _________________________________________ Date:__________________ Project Manager is to return all Evaluation Sheets to the Purchasing Division for tabulation and record. 846

CITY OF VISALIA
RFP–23-24-12A
Shade Structure Design & Installation Services at Recreation Park Proposal Evaluation Form (Step 2)
Instructions: Each evaluator is to review the fees submitted for the top two (2) candidates resulting from the proposal evaluation in Step 1, and re-evaluate taking price into consideration. The maximum number of scores that can be given to a category is listed. Additional comments can be added in the section below. Please list Proposer’s Name in the space provided below.

Proposer Name: __________________________________________________ Contact: ________________________________________________________ Option Number: ________________ (if applicable)
Criteria Max Points Points Scored
Fee Evaluation based on proposal submittal 10
10 Points Possible Total: _________
Comments:
_________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Evaluator’s Name: _________________________________________ Date:__________________ Project Manager is to return all Evaluation Sheets to the Purchasing Division for tabulation and record. 847
Recrea�on Park Site Map
Playground
Area
848
Visalia City Council
Staff Report
Visalia City Council
303 E. Acequia
Visalia, CA 93291
File #: 24-0223 Agenda Date: 6/3/2024 Agenda #: 6.

Agenda Item Wording:

Selection of Nominee for Transit Representative to TCAG - It is recommended that the Visalia City Council vote for Liz Wynn to serve as the Transit Representative to the Tulare County Association of Governments from July 1, 2024 through June 30, 2027.

Deadline for Action: 6/3/2024
Submitting Department: Administration
Contact Name and Phone Number: Leslie B. Caviglia, City Manager, 713-4332 Department Recommendation: It is recommended that the Visalia City Council submit Liz Wynn’s name to serve as the Transit representative to the Tulare County Association of Governments and the ensuing organizations associated with transit in the area.

Background Discussion: The Tulare County Association of Governments (TCAG) is required to have a member that represents transit agencies and riders on the Board. The TCAG Board generally meets on the third Monday of each month at 1 p.m. at various locations around the County. Voting members are expected to attend the meetings on a regular basis, and to notify their alternate, and the TCAG Executive Director, in a timely manner if they are not able to attend. In addition to the TCAG meetings, the Transit Representative is expected to attend the Tulare County Regional Transit Agency meetings as an Ad-hoc (non-voting member), attend the Cal Van’s meetings, Transit forum, and the SStac quarterly meetings. Some months, this could result in five meetings for the Transit Representative to attend. Meeting dates and times can vary periodically, and there can be an annual retreat, special meetings or opportunities to travel representing TCAG.

The Tulare County Council of Cities (COC) put out a call for nominations to fill a full term as the Transit Representative. This is a three-year term, from July 1, 2024 through June 30, 2027. All cities in the County were provided the opportunity to nominate an elected official for this position. The following elected official nominations were received (listed in alphabetical order as prescribed by the attached appointment process adopted as amended in 2018):
*Jose Sigala - City of Tulare
*Liz Wynn - City of Visalia
Each City Council is asked to select the elected official they would like to serve as the Transit Representative on the TCAG Board. Each Council’s selection should be forwarded to the Clerk of the COC Board, Maria Ruiz Ibarra, [email protected] no later than Friday, June 21, 2024 by 5:00 p.m.

Visalia City Council Page 1 of 2 Printed on 5/31/2024
powered by Legistar™849
File #: 24-0223 Agenda Date: 6/3/2024 Agenda #: 6.

Per the policy, the elected official receiving the highest number of votes will be recommended as the member; the person with the second highest number of votes will have the opportunity to serve as the Transit alternate on the Board. (See attached policy for provisions in case of a tie, etc.) N/A
Fiscal Impact:

None
Prior Council Action: N/A
Other: N/A
Alternatives: To not submit a name for the Transit position or to vote for the other nominee.

Recommended Motion (and Alternative Motions if expected):

I move to have Liz Wynn be the City of Visalia’s selection to serve as the Transit Representative to the Tulare County Association of Governments.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Selection Process
Visalia City Council Page 2 of 2 Printed on 5/31/2024
powered by Legistar™850
851
852
Visalia City Council
Staff Report
Visalia City Council
303 E. Acequia
Visalia, CA 93291
File #: 24-0163 Agenda Date: 6/3/2024 Agenda #: 7.

Agenda Item Wording:

Service Agreement - Authorization to execute annual service agreement with Visalia Economic Development Corporation for $60,000 for FY 2024/25 with the option of four annual extensions.

Deadline for Action: 6/3/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Devon Jones, Economic Development Manager, [email protected] <mailto:[email protected]>, (559) 713-4190
Department Recommendation:

Authorize execution of an annual service agreement with the Visalia Economic Development Corporation for $60,000 for FY 2024/25 with the option of four annual extensions.

Background Discussion:

The City has partnered with the Visalia Economic Development Corporation (VEDC) for economic development services since its inception in 1996. The formation of the VEDC was originally in response to a need for economic development services for the city specifically and was driven by support from the private sector. The VEDC was instrumental in the development of the industrial park. Today, services focus on marketing the industrial park, coordination with key stakeholders, and outreach assistance to local existing industrial employers to help retain and expand jobs in the industrial park. The partnership helps with ongoing business retention, expansion and attraction efforts and most importantly, helps to maintain an open line of communication with local economic development stakeholders and private sector leaders in the Visalia Industrial Park (VIP). The organization continues to focus on the industrial sector primarily and is an essential partner for the continued vitality of the VIP.

Major elements of the service agreement include continued coordination of the monthly industrial park roundtables, supporting workforce development, and ongoing outreach to the local companies in the VIP. Service also includes maintenance of an industrial park directory, the www.visaliaedc.com <http://www.visaliaedc.com> website, and ongoing social media marketing outreach as well. The proposed service contract amount is the same as it was this past budget cycle, but instead of one annual contract extension option, staff is seeking four annual extension options as is common with many service agreements.

Attached is the proposed service agreement and an activity report outlining general activity for the prior two fiscal years.

Fiscal Impact:
$60,000 from Economic Development Division budget. This is included in the proposed division budget.

Visalia City Council Page 1 of 2 Printed on 5/31/2024
powered by Legistar™853
File #: 24-0163 Agenda Date: 6/3/2024 Agenda #: 7.

Prior Council Action:

On June 20, 2022, the City Council authorized a service agreement with VEDC in amount of $60,000 for Fiscal Year 22/23 and option for Fiscal Year 23/24.

Other: N/A
Alternatives: Per Council direction.

Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to execute an annual service agreement with the Visalia Economic Development Corporation for $60,000 for FY 2024/25 with the option of four annual extensions.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:

1. VEDC service agreement

2. VEDC report June 2024
Visalia City Council Page 2 of 2 Printed on 5/31/2024
powered by Legistar™854

VEDC - VISALIA ECONOMIC DEVELOPMENT

PROFESSIONAL SERVICES AGREEMENT
VEDC for Visalia Economic Development
This Agreement, entered into as of July 1, 2024, by and between the City of Visalia, hereinafter referred to as the “CITY”, and Visalia Economic Development Corporation hereinafter referred to as the “VEDC”.

W I T N E S S E T H
WHEREAS, CITY is committed to enhancing economic development opportunities and maintaining the CITY’s role as the regional commercial and industrial center for Tulare, Kings and southern Fresno Counties; and
WHEREAS, to help achieve economic growth for its citizens, CITY must retain, grow and attract “primary” industries, that is, industry that make products and services that are sold outside of the CITY thereby creating new wealth to be circulated within the CITY; and WHEREAS, a primary source of “primary” industries can be found in, or consider locating to, CITY’s Industrial Park, CITY should focus certain efforts on growing the Industrial Park; and WHEREAS, VEDC was formed in partnership with CITY to provide leadership in economic and job development, financial support from the private sector to support economic development activities, private assistance with business expansion, retention and attraction activities; and WHEREAS, VEDC focuses its efforts on assisting existing and potential Industrial Park businesses; and WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described in Section I below, and hereinafter referred to as the “PROJECT”; and
WHEREAS, the VEDC represents it is qualified and willing to provide such services pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and VEDC agree as follows:

I. SERVICES TO BE PERFORMED BY THE VEDC
A. Scope of Work: The VEDC agrees to perform all work necessary to complete, in a manner satisfactory to the CITY, those tasks described below:

1. Assistance with marketing Visalia as a prime CA location for industrial expansion

2. Maintenance of updates to the visaliaedc.com web site

3. Monthly marketing campaigns which can include direct mailers, social media or other marketing mediums

4. Participate in ongoing collaboration with the CITY regarding marketing opportunities or prospect relations, promptly referring any prospect leads received directly to CITY for follow up
855

VEDC - VISALIA ECONOMIC DEVELOPMENT

5. Maintenance of an Industrial Park Directory that will include some information on type of products/services in an effort to encourage business to business activity

6. Assist utility partners to address any necessary utility infrastructure needs on behalf of existing Industrial Park companies and convene any needed meetings with utility partners

7. Coordination and marketing of the Industrial Roundtable monthly meetings i. Conduct regular outreach to industrial businesses to generate participation in the monthly Roundtable meetings
ii. Roundtable meetings will prioritize time for Visalia industrial companies to discuss current issues, trends, or potential strategies to encourage growth and retention of existing industrial companies. Other supporting agencies such as utilities, workforce development, education and service providers may have beneficial information for participating companies, but the format of such meetings must streamline industry’s ability to both receive information and communicate needs and issues to supporting agencies partnering with the VEDC

8. Act as Resource Navigator specific to workforce development and training resources available to industrial companies in Visalia. This role should aid both industrial companies and workforce development/education partners to leverage existing training resources and maximize the efforts of those applicable partners to increase local hiring and improve skills attainment necessary for industrial occupational growth in Visalia

9. Conduct regular Business Visitation meetings with existing industrial companies in Visalia
i. Business Visitations will focus on ‘checking in’ with company leadership to determine if there are any issues, opportunities, threats, or needs they may have that VEDC or CITY may be able to assist with or acquire more information on. In addition, a standard set of survey information should be acquired so as to maintain regular intelligence about conditions in the industrial park and possible needs to address
ii. Information gathered in these visitations is to be uploaded and maintained in a customer relationship management (CRM) program, should such a program be available at no cost to the CITY or VEDC

1. Both VEDC and CITY will have regular access to so as to assess trend data, act on expressed needs of participating companies and inform economic development and workforce development initiatives

10. Assist CITY with outreach to Industrial Park businesses regarding the potential for a regional resource center in the Industrial Park that could provide various services to both employers and employees (existing and potential) such as childcare, hands-on training facilitation, and supportive services for existing employees II. COORDINATION FROM CITY
A. CITY will make an effort to include VEDC in all industrial prospect and local industrial business outreach meetings or communicate activity on a regular basis to the VEDC Executive Director
B. CITY will attempt to participate in each scheduled Business Visitation meeting with existing industrial companies
C. CITY will utilize shared CRM program to access data, act on expressed needs of participating companies, and strategize with VEDC and other applicable public partners on 856

VEDC - VISALIA ECONOMIC DEVELOPMENT

various economic development and workforce development initiatives that could result from gathered intelligence
D. CITY will promptly follow up on all prospect leads received following up on information requests, site visits or meeting requests received
E. CITY will assist in identifying resource information for monthly industrial roundtable meetings based on participating company requests
F. CITY will assist in following up on specific matters brought up by industry in the Industrial Roundtable meetings, business visitation meetings, or via general communications with VEDC
III. TIME OF PERFORMANCE
The term of this Agreement shall commence on July 1, 2024 and expire on June 30, 2025, unless earlier terminated by the parties. The initial contract shall be for a twelve (12) month period and shall, at the City’s option and upon mutually agreeable terms, be renewable annually thereafter for four (4) additional oneyear periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

IV. PERFORMANCE REVIEW
The CITY shall review the performance and fees of VEDC in furnishing the services provided hereunder, and the compensation provisions hereof. The parties may agree to changes or amendments hereto, including, but not necessarily limited to, changes in compensation provisions, which changes or amendments shall be evidenced by written amendment authorized by specific action of the City Council.

Nothing in this paragraph shall be deemed to prevent or inhibit more frequent review of performance, compensation, or other matters relating to this Agreement or otherwise inhibit the free and candid exchange of views between the parties hereto, to the end that the legal interests of the CITY shall best be served and VEDC shall fairly be compensated for services rendered.

V. COMPENSATION
A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the VEDC agrees to accept, sixty thousand dollars ($60,000) per contract year.

B. Payment of Compensation: The VEDC shall be compensated biannually per CITY’s receipt of an invoice.

VI. AUTHORIZED REPRESENTATIVE
A. CITY: The Economic Development Manager or their designee shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Visalia is specifically required.

B. As a right of this contract the CITY shall hold one voting board member position, that position to be held by the current/active city councilperson identified by the City Council to serve in this capacity. As a privilege of this contract and position of the council seat, the board member will be allowed to attend Executive Board meetings. In addition to this, the current Economic Development Manager will also be allowed to attend Executive Board meetings.
857

VEDC - VISALIA ECONOMIC DEVELOPMENT

C. VEDC: The VEDC Executive Director or the VEDC Board of Directors designee shall represent and act as principle for VEDC in all matters pertaining to the services to be rendered by it under this Agreement.

VII. TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

A. Termination By Either Party Without Cause: The CITY or VEDC may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.

B. Termination of Agreement for Cause: The CITY may by written notice to the VEDC specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:

1. If the VEDC fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or

2. If the VEDC fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms, and does not correct such failure within a period of ten (10) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.

C. Post-Termination:

1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.

2. Except with respect to defaults of subcontractors, the VEDC shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the VEDC. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a subcontractors, the VEDC shall not be liable for failure to perform, unless the services to be furnished by the subcontractors were obtainable from other sources in sufficient time and within budgeted resources to permit the VEDC to meet the required delivery schedule or other performance requirements.

3. Should the Agreement be terminated with or without cause, the VEDC shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the VEDC pursuant to this Agreement.
858

VEDC - VISALIA ECONOMIC DEVELOPMENT

4. Upon termination, with or without cause, VEDC will be compensated for the services satisfactorily completed to the date of termination according to compensation provisions contained herein. In no event, shall the total compensation paid VEDC exceed the total compensation agreed to herein.

5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the VEDC was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.

6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pretermination activities.

VIII. INTEREST OF OFFICIALS AND THE VEDC
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:

1. Participate in any decision relating to this Agreement which effects his/her personal interest or the interest of any corporation, partnership, or association in which he/she has, directly or indirectly, any interest; or

2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his/her tenure or for one year thereafter.

IX. NO PERSONNEL AGENCY OR COMMISSION
The VEDC warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the VEDC for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

X. SUBCONTRACTING
A. The VEDC shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.

B. In no event shall the VEDC subcontract work in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a VEDC performing the particular type of project.

XI. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the VEDC shall be, and is, an independent contractor and is not an agent or employee of the CITY. The VEDC has and shall retain the right to exercise full control 859

VEDC - VISALIA ECONOMIC DEVELOPMENT

and supervision of all persons assisting the VEDC in the performance of said services hereunder. The VEDC shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

XII. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.

XIII. DOCUMENTS/DATA
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.

Documents prepared by VEDC pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from VEDC will be at CITY’s sole risk and without liability to VEDC.

Further, any and all liability arising out of changes made to VEDC’s deliverables under this Agreement by CITY or persons other than VEDC is waived as against VEDC, and the CITY assumes full responsibility for such changes unless the CITY has given VEDC prior notice and has received from VEDC written consent for such changes.

B. Publication: No report, information, or other data given or prepared or assembled by the VEDC pursuant to this Agreement, shall be made available to any individual or organization by the VEDC without the prior written approval of the CITY. Notwithstanding the foregoing, however, the VEDC shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

C. Copyrights: The VEDC shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.

XIV. INDEMNIFICATION AND INSURANCE
A. As respects acts, errors, or omissions in the performance of services, VEDC agrees to indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of VEDC’s negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY. 860

VEDC - VISALIA ECONOMIC DEVELOPMENT

B. CITY agrees to indemnify and hold harmless VEDC, its officers, employees, and designated volunteers from and against any and all losses, defense costs, liability or consequential damages to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

C. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, VEDC agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with VEDC’s (or VEDC’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.

D. Without limiting CITY’s right to indemnification, it is agreed that VEDC shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:

1. Workers’ compensation insurance as required by California statues.

2. Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

3. Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

E. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.

F. Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or nonrenewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA 93291.” G. Prior to commencing any work under this Agreement, VEDC shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, VEDC shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be VEDC’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.
861

VEDC - VISALIA ECONOMIC DEVELOPMENT

H. In addition to any other remedies CITY may have if VEDC 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 premiums for such insurance from any sums due under the Agreement; or

2. Order VEDC to stop work under this Agreement and/or withhold any payment(s) which become due to VEDC hereunder until VEDC demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for VEDC’s failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which VEDC may be held responsible for payments of damages to persons or property resulting from VEDC’s or its subcontractor’s performance of the work covered under this Agreement.

XV. NON-DISCRIMINATION
VEDC and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The VEDC shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts.

Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

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

B. Prohibition of Assignment: Neither the CITY nor VEDC shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

C. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.

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

CITY OF VISALIA
220 N. Santa Fe St.

Visalia, CA 93292
Attention: City Clerk
Visalia EDC
P.O. Box 2722
Visalia, CA 93279
Attention: VEDC Executive Director
862

VEDC - VISALIA ECONOMIC DEVELOPMENT

E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that State. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The VEDC hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

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

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

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

I. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.

J. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.

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

CITY OF VISALIA VEDC
__________________________________ __________________________________ City Manager Date Chair of Board Date
Approved as to Form
__________________________________
City Attorney Date
__________________________________
Risk Manager Date
863
Business Update June 2024
Executive Summary
This update covers the last two fiscal years beginning July 2022, ending June 2024. The Visalia Economic Development Corporation (VEDC) has been working through a Service Agreement with the City of Visalia that was executed by both parties near the end of June 2022.

The VEDC Executive Director works in close partnership with the City of Visalia Economic Development Manager, Devon Jones, and through a Professional Services Contract with the Workforce Investment Board of Tulare County (WIB), utilizing Business Resource Specialist and Marketing Teams.

The Executive Director reports to the VEDC Board of Directors and is responsible for all facets of the day to day operations of the organization, including conducting proactive meetings with businesses to offer resources and assistance to help retain those businesses, conducting monthly Industrial Roundtable meetings, coordinating job fairs in the Visalia Industrial Park, marketing Visalia as an exceptional place to do business, promoting the quality of life in the City and surrounding areas.

Below are some of the many activities that the VEDC was involved in or was instrumental in during the last two fiscal years. We hope that the City of Visalia continues to find value in their investment in the VEDC.

Fiscal Management
The VEDC is in a sound, sustainable financial position. The financials are reviewed monthly at the Board Meeting. The Professional Services Contract with the WIB costs $40,000 annually.  Total Liabilities & Equity for year ending June 30, 2023, = $194,610.72, with net income = $22,254.89
 Total Liabilities & Equity Year-to-date through April 2024, = $222,005.30 with net income = $27,394.58
Business Visitations
 Thirty-seven total business visitations were completed in 2022-2023.  Twenty-four total business visitations have been completed year-to-date in 2023-2024.  All data obtained during these visits have been entered into the CRM software known as HubSpot.
 Follow ups have been conducted by the WIB, City Staff, and VEDC Executive Director, to ensure the businesses are getting the help and the resources they need.  Businesses are introduced to VEDC Membership and provided an Industrial Park Directory as an aide to help with local business to business opportunities.

Industrial Park Job Fairs
864
 Five Industrial Park Job Fairs have been held during the last two years with ninety-seven employers and 1,727 job seekers having face to face interaction, with positive reviews received.
 The WIB team organizes and facilitates the Job Fairs and provides staff for support.  A sixth Industrial Park Job Fair is scheduled for June 26, 2024.

Industrial Park Business Directory
 A new Industrial Park Directory was compiled with the help of a Visalia Unified School District Intern.
 Five hundred copies have been distributed to businesses, mostly in the Industrial Park.

This version also included all VEDC members as an extra benefit of membership.  Advertising in the directory was hugely successful and a profit of $9,700 was realized.  A new “2025” directory will be published this fall.

Advertising & Marketing
 Four new videos were produced by Zach Green films and added to our website:
o About Visalia – Businesses Thrive in Visalia
o About VEDC
o Visalia Skilled Workforce – Testimonials from employers o Training Resources – featuring five Industrial Park Training Centers and Schools  Sponsorship of the Tulare County Economic Summit with ads in their program.  Five hundred businesses targeted in the Applied Development Economics study were connected to VEDC via social media platforms Facebook and LinkedIn, utilizing a Visalia Unified School District intern to make the connections.  The VEDC Executive Committee approved a new logo for VEDC, which was done at no cost to the organization. An offer to do the logo pro-bono was accepted from Red Chair Marketing, a local Visalia graphics design firm. The new logo has been well received by all.
 New website design.
o Our Marketing partners at the WIB have transformed our website utilizing the new logo and colors along with major updates to some of the factual data on the site.

College of Sequoias Scholarship Program
 The VEDC Board of Directors approved a budget of $5,000.00 to be offered to College of Sequoias Training Resource Center students after they complete a comprehensive application as to why they feel they should receive the award and how it may impact their education and career.
 The VEDC Executive Committee reviews all applications and determines the amount of the award.
 Ten scholarships were awarded to seven different applicants totaling $2,961.00.

Community Involvement
 The Executive Director stays connected with our education partners through participation on several Board and Advisory committees. o South Valley Industrial Collaborative – (SVIC)-Secretary /Treasurer o Tulare Kings College and Career Collaborative (TKCCC) – Advisory Board o San Joaquin Valley College Advisory Board
o Golden West High School Business & Finance Linked Learning Academy Advisory
865
o Participated in the Visalia Unified School District One Visalia Connect Task Force o Visalia Partners in Education – Executive Committee
o Attending monthly Tulare Economic Development Corporations Board Meetings o Attended TCEDC Regional Economic Summit for the past two years. o Attended the San Joaquin Valley Manufacturing Alliance “Valley Made” Summit for the past two years.
o Attended the recent GoBIZ Conversation with Dee Dee Myers at the Tulare Ag Center.
o Attended the WIB hosted Central Valley Workforce Summit the past two years. o Toured Assembly Member Vince Wong through the Visalia Industrial Park. o Toured College of Sequoias “Jump Start” students on bus through the Industrial Park. Scheduled again for June 2024.

Other
 Involved in discussions with VEDC Executive Committee and Board regarding the possibility of establishing a PBID in the Visalia Industrial Park. o Invited Steve Nelsen of the Downtown Visalians to share his experience with our Board of Directors.
o Contacted the consultant and received an estimated cost to have them help us with the process, currently on hold pending further discussions. o The Tulare County Office of Education site at Doe Avenue and Shirk Road in the Visalia Industrial Park will be vacated in two to three years. The VEDC and City staff have had conversations with TCOE management regarding uses of the site to benefit the Industrial Park, such as live training environments and subsidized day care for employees’ children. The PBID is one avenue to look at to fund lease payments for the facilities.
 HR Roundtable Meetings
o Five meetings have been held with small numbers of HR managers from the Industrial Park.
o We intend to continue with this means of getting the HR managers together to share what challenges and successes they are seeing in their operations.  Flock License Plate Reader Cameras
o The Board of Directors has approved the purchase of four Flock Falcon license plate reader cameras to be installed in the Visalia industrial Park. o The VEDC will coordinate with the Visalia Police Department as to the optimum locations for these installations.
o We heard from many businesses during the last two years about thefts and break-ins. We believe these cameras may help to curb the number of incidents being reported and may be a deterrent going forward.
866
Visalia City Council
Staff Report
Visalia City Council
303 E. Acequia
Visalia, CA 93291
File #: 24-0193 Agenda Date: 6/3/2024 Agenda #: 8.

Agenda Item Wording:

Authorize shade structure contract for Provident Skate Park - Authorize the City Manager to award playground shade structure design & installation services at Provident Skate Park to Zoom Recreation of Irvine for an amount not to exceed of $327,353.00.

Deadline for Action: 6/3/2024
Submitting Department: Community Services
Contact Name and Phone Number: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713- 4564; [email protected] <mailto:[email protected]> John Lollis, Assistant City Manager 713-4323; [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council authorize the award of a construction contract for the installation of new playground shade structure at Provident Skate Park to Zoom Recreation, Inc. of Irvine, CA, in the amount of and not to exceed $327,353.00, per specifications of RFP 23-24-12B.

Background Discussion:

At the December 20, 2021, City of Visalia Council Work Session, City Council approved the appropriation of $29,364,455 from the American Rescue Plan Act (ARPA), of which $3,900,000 were appropriated for citywide park improvements. There are several park projects that are slated to be completed with these funds, such as shade structures, arbor replacement, updating park amenities, and park playground replacement. Staff identified seven parks that were void of shade structures over the playground and would increase the usability of the playground for the community. To expedite the Request for Proposal timeline and because of the likeness of the projects, all seven parks went through the RFP process concurrently. These parks included Recreation Park, Provident Skate Park, Village Park, Houk Park, Whitendale Park, Stonebrook Park, and Sunset Park.

RFP #23-24-12B was advertised on March 12, 2024, and March 19, 2024, for the design and construction of a new shade structure over the dimensions of the existing skate park. Two mandatory proposer conferences were conducted on March 27, 2024, and March 28, 2024, where staff answered questions and toured the area with several contractors. Proposals for the RFP were due on April 11, 2024. The City received a total of two design submissions from one proposer. A selection committee was formed and met on April 30, 2024, to review the design proposals and select the design they felt met the requirements of the RFP and gave the most playability to the community. The selection committee was comprised of four City staff members Daryl Tillman, Katrina Bonds, Julia Kirkman, and Zach Huff. These members were selected for the review committee to gain several different perspectives of the submitted designs, from both a maintenance and parent with small children’s standpoints.

The selection committee reviewed the designs in a two-part process. The first review of the proposals that were submitted used the design criteria that was established in RFP #23-24-12B. During their review the committee felt that the design proposals submitted by Zoom Recreation Inc. met the design criteria that was Visalia City Council Page 1 of 2 Printed on 5/31/2024
powered by Legistar™867
File #: 24-0193 Agenda Date: 6/3/2024 Agenda #: 8.
established in RFP #23-24-12B. Staff then submitted the results to the Purchasing Division and the sealed cost proposals were released to the selection committee for review. The selection committee then meet again on May 8, 2024, to review the cost for each of the two options and concluded that the Zoom Recreation Inc. design proposal option 2 was the overall winner that best meets the requirements of RFP #23-24-12B and the needs of the community.

The project is expected to begin by the end of the summer.

Fiscal Impact:

The fiscal impact for RFP 23-24-12B a construction contract for Shade Structure Design & Installation Services at Provident Skate Park is funded by the American Rescue Plan Act (ARPA) Fund 642, of which $3,900,000.00 has been budgeted.

Prior Council Action: None
Other: None
Alternatives: Reject proposals and go out for another Request for Proposals.

Recommended Motion (and Alternative Motions if expected):

I move to award a contract for the Shade Structure Installation Project at Provident Skate Park, to Zoom Recreation, Inc. (RFP 23-24-12B) for a not to exceed amount of $327,353.00.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFP 23-24-12B, RFP 23-24-12B Addendum 1, Zoom Recreation, Inc. Proposal Option 2, Evaluation Form, Site Map.

Visalia City Council Page 2 of 2 Printed on 5/31/2024
powered by Legistar™868

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

CITY OF VISALIA, CA

REQUEST FOR PROPOSALS
RFP #23-24-12B

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION

PROJECT AT PROVIDENT SKATE PARK
DESCRIPTION: The City of Visalia is seeking proposals from qualified firms to design and install playground shade structure at Provident Skate Park.

PROPOSER Two mandatory conferences have been scheduled for this project. Interested CONFERENCE: Proposers are required to attend at least one of the mandatory meetings to be considered eligible to propose on the project. The meeting will be held on the dates/times below at Visalia City Hall, 707 W. Acequia Avenue, Visalia, CA. At the conclusion of the meeting, interested Proposers will have the opportunity to visit the park with the Project Manager.

Wednesday, March 27, 2024 @ 10:00 a.m.

Thursday, March 28, 2024 @ 10:00 a.m.

SUBMITTAL One (1) unbound original and four (4) copies are due no later than 2:00 p.m. on DEADLINE: Thursday, April 11, 2024.

ADDRESS TO: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
MARK RFP No. 23-24-12B
ENVELOPE: Playground Shade Structure Design and Installation Project at Provident Skate Park INQUIRIES:

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] by 4:00 p.m. on Monday, April 01, 2024.

PUBLIC WORKS PROJECT:

Notice is hereby given that this is a Public Works Project. In compliance with SB854 and Labor Code Section 1725.5, all contractors, and subcontractors (including Consultants and Sub-Consultants) bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner. 869

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

CITY OF VISALIA, CALIFORNIA
REQUEST FOR PROPOSAL (RFP) 23-24-12B
Playground Shade Structure Design & Installation Project at

PROVIDENT SKATE PARK
SEALED PROPOSALS will be received by the Purchasing Division located at 707 West Acequia, Visalia, CA 93291, until 2:00 p.m., on Thursday, April 11, 2024, for Playground Shade Structure Design and Installation Project at Provident Skate Park. Interested Proposers must propose on all items in the specifications. Requests for Proposal specifications and contract documents may be obtained by calling the Purchasing Division at (559) 713-4334 or emailing [email protected].

Two mandatory conferences have been scheduled for this project as follows:

Wednesday, March 27, 2024, at 10:00 A.M. and
Thursday, March 28, 2024, at 10:00 A.M.

Interested Proposers are required to attend at least one of the mandatory meetings to be considered eligible to submit a proposal on the project. The meeting will be held at Visalia City Hall, 707 W. Acequia Avenue, Visalia, CA. At the conclusion of the meeting, interested Proposers will have an opportunity to visit the park with the Project Manager. Transportation will be the responsibility of the Proposer.

PROJECT COMPLETION: Contractor shall order playground equipment and shade structure within ten (10) days of receiving the Notice to Proceed and complete the project within sixty (60) working days after equipment has been delivered.

REQUIRED BONDS: Awarded Contractor shall be required 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 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 Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and has a current Class D-34 Contractor’s license (minimum). See Section IX for additional Department of Industrial Relations Requirements applicable to this project.

PROJECT BUDGET/ENGINEER’S ESTIMATE: The City of Visalia does not provide an Engineer’s Estimate, however the total approved budget for this project is approximately $250,000 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 SPECIFICATIONS AND BID DOCUMENTS: Electronic versions of plans, bid forms, and other contract documents may be requested from the office of the Purchasing Division 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. mail free of charge.

If documents are requested to be shipped overnight via Fed-ex, the Contractor is responsible for all shipping charges incurred and will be billed by the shipping company directly. Documents are also available at various builders’ exchanges.
870

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

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 Monday, April 1, 2024.

PUBLIC WORKS CONTRACT: Notice is hereby given that this is a Public Works Project. Bidders/Contractors must be registered with the California Department of Industrial Relations (DIR). In addition, contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City. Proof of registration for each contractor and subcontractor is required to bid.

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 Rates for this 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. Is it this instead? https://sam.gov/content/wage-determinations Contractor must comply with all State and Federal regulations 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 Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

The right is reserved by the City of Visalia to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.

Publish Dates: March 12, 2024
March 19, 2024
871

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

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 ...............................................................................................7 C. Consultant Responsibilities............................................................................................18 D. City Responsibilities .........................................................................................................9 IV. Proposal Content and Format Requirements ..........................................................................9 A. General Information .........................................................................................................9 B. Proposed Project & Detail Regarding Project..................................................................9 C. Staff Qualifications and Related Experience ...................................................................9 D. Proposed Fee Structure and Schedules ........................................................................10 E. Required Forms .............................................................................................................10 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.............................................17 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..................................................................19 Project Site/Existing Utilities and Structures ...........................................................20 872

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

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
873

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

I. DEFINITIONS
For the purposes of this RFP NO. 23-24-12B, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. “RFP” means Request for Proposal No. 23-24-12B.

II. INTRODUCTION
A. Information
The City of Visalia is requesting proposals from qualified firms to provide the design and installation of new playground shade structure at Provident Skate Park, 345 N. Jacob St, Visalia, CA. Interested Proposers must propose on all items in the specifications.

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).

Plans & Specifications: An electronic version (flash drive) of the Plans and Specifications may be obtained free of charge at the Purchasing Division, 707 W. Acequia 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 responsible for all shipping charges incurred and will be billed by the shipping company directly.

Prevailing Wages: Under the requirements of Labor Code section 1782 passed by SB7 and in compliance 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 project is being funded with federal funds and is subject to the 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 Business and Professions Code and has a current minimum of a Class D-34 Prefabricated Equipment Contractor’s license. See Section III for additional Department of Industrial Relations Requirements applicable to this project.

Use of Subcontractors: Your proposal may include subcontractors and you should clearly delineate 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 Request for Proposals is being issued by the City of Visalia Purchasing Division on behalf of the Parks Maintenance Division. Unless otherwise directed, all communications regarding this Request for Proposals should be directed to the Purchasing Division at (559) 713-4334. However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected]. 874

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

Any revisions to the Request for Proposals will be issued and distributed as addenda. Proposers are specifically directed not to contact any other City personnel for meetings, conferences or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for rejection of proposals.

B. Purpose, Objective and Services to be Provided
Visalia is located east of State Highway 99 and along State Highway 198. The City’s population is approximately 143,000. Its incorporated area covers approximately 36 square miles. The purpose of this project is to provide the City of Visalia with the highest quality playground shade structures 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 provide design and installation services for a new playground shade structure.

C. RFP/Agreement Schedule
Event Date of Event
RFP Available to the public .......................................................................................March 12, 2024 Proposer Conference #1 at 707 W. Acequia Ave. @ 10:00 a.m., ............................March 27, 2024 Proposer Conference #2 at 707 W. Acequia Ave. @ 10:00 a.m., ...........................March 28, 2024 Deadline for Questions at 4:00 p.m. ..............................................................................April 1, 2024 RFP due at 707 W Acequia at 2:00 pm ....................................................................April 11, 2024 Short list established and vendors notified ........................................................................April 2024 Interviews/Presentations with short-listed vendors (if required) ........................................ May 2024 Award of Contract @ City Council Meeting ...................................................................... June 2024 Contract Begins........................................................................... upon contract being fully executed Italicized items and dates are at the City’s option. The City reserves the right to award contract solely on the basis of proposal content.

III. SCOPE OF SERVICES
A. Required Products
Provident Skate Park Playground Shade Structure Design
Work is to include:
 Design and installation of a free-standing sail type shade structure to provide maximum coverage over entire playground structure,
Suppliers shall submit a maximum of (2) two designs.

The City of Visalia requires Suppliers to design a shade structure system that meets or exceeds all current federal CPSC, ASTM, IPEMA standards and ADA requirements. The proposals shall include the shade structure design and equipment cost, detailed technical installation instructions and maintenance & operations manuals from manufacturer.

The City of Visalia shall be exempt for any liability for costs incurred by unsuccessful Proposers Suppliers in preparation of the proposal.

B. Services of the Consultant
The City of Visalia will require the consultant to perform the tasks detailed below and in the Introductory Section so that the contract will be completed by the end of the sixty (60) day contract period for the Project. 875

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

Awarded Consultant will be required to obtain from the City’s Building Services Division (315 E. Acequia Avenue) a Visalia Building permit for awarded project. The City of Visalia will pay for the cost of the building permit.

Awarded Consultant is required to obtain a City of Visalia Business Tax permit from our Business Tax Division, located at 707 W. Acequia Avenue. The cost of business tax certificate is the Awarded Consultant’s responsibility. For more information, call 559-713-4326 or email [email protected].

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 that has a designated wage rate. Further, the Awarded Consultant will be responsible for uploading certified payroll to the Labor Commissioner and provide the City of Visalia project manager with Contractor’s affidavit that labor codes were followed, and prevailing wage rates were paid. The affidavit must be submitted to the City Project 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 & SHADE STRUCTURE SPECIFICATIONS Suppliers should base their designs on meeting all accessibility and safety standards as well as the guidelines & specifications listed in this RFP. Quality of equipment components, quality of design, cost and appropriateness to location and target demographic must be taken into consideration and stay within budget in the design and construction of the shade structure.

Budget for project: $250,000.00.

Provident Skate Park Dimensions: 220’ x 135’ Approximate Perimeter Required Items:

1. All shade structure elements must meet and/or exceed all federal, CPSC, ASTM & IPEMA guidelines and local building requirements.

2. Free-standing sail type shade structure to provide maximum coverage over entire skating area footprint.

Play System Features in Priority Order:

3. Provide a minimum of one shade structure designed over the concrete skating area.

Preferred Play System Qualities:

4. All shade structure elements must demonstrate the highest level of durability in materials and finishes selected in consideration of child health and safety.

5. Shade structure fabric shall provide a minimum shade factor of 80% and UV blocking of 85%, and 5- year warranty for stitching thread against degradation, cracking or material breakdown resulting from ultra-violet exposure, mold, or mildew.

6. Shade structure shall use forest green, tan and chocolate brown as primary colors.

In the proposal, provide a list of the components proposed for the Provident Skate Park shade structure system. Include structure and component model numbers, materials, color choices and recommendations, estimated lifetime of equipment including manufactures warranty and any other relevant descriptive information.

Shade structure system design shall safely fit over the playground area as shown on the site plans (Attached). Suppliers are encouraged to be creative in their designs and to maximize shade provided in their proposals. Suppliers may submit proposals from non-traditional type shade structures, if desired, in whole or as components of the overall shade structure.
876

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

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 documents submitted to the City by the Consultant and timely render decisions pertaining thereto.
 Give reasonably prompt consideration to all matters submitted by the Consultant for approval 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.

IV. PROPOSAL CONTENT AND FORMAT REQUIREMENTS
The following are proposal requirements. Respondents are requested to organize their proposal into sections with tabs corresponding to the listed selection criteria as follows. You must answer the following questions in the same sequence as below. A screening committee will evaluate the completeness of the response to the RFP.

A. General Information
 Cover letter referencing firm name, address, telephone number and email address.  Account Representative or other person to contact for clarification of any item contained 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 surety information for all sureties – General and Automobile Liability, 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 special 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 invited to include a maximum of two (2) pages of information not included, nor requested in this RFP, if you feel it may be useful and applicable to this project.

The information in this section will aid the City in the refinement of the scope of work during contract negotiations.

C. Staff Qualifications and Related Experience

1. Staff Qualifications and Experience
This section should demonstrate the qualifications of all professional personnel to be assigned to this project by providing resumes/experience summaries describing their education, credentials, related 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. 877

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

If your firm intends to subcontract any of the services required under this RFP it should be discussed in this section. Detailed information for each subcontractor must be provided. Note: No work may be subcontracted, nor assigned, without prior written approval of the City of Visalia.

2. Related Experience
Include descriptive information concerning the experience of the firm. Include information about previous projects that might be comparable, including the size and type of projects and the scope of services provided. These projects must demonstrate that the consultant has experience in designing systems with multi use functions effectively blended into neighborhood design. In addition, provide references for the three (3) most comparable projects for which your firm has provided, or currently 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 and Schedules
A Proposed Fee Structure and Schedule shall be provided as a part of the RFP submittal 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 budget plan for all services to be provided in the following format:

1. Proposers should review the requirements of this RFP and address all services in this fee schedule that might reasonably be expected to support the project. Indicate how the City will be invoiced for services, i.e., unit or hourly costs. This information should be detailed and broken down to include type of service and units of work or other applicable measure (for example, staff hours at a certain rate).

Proposers should endeavor to provide a comprehensive, fee schedule for each Project being proposed, as the City will not include compensation in the contract for items not addressed.  Include a total cost to provide services, based on the consultant’s fee schedule and the scope of work as outlined in this RFP for the project being proposed. This cost will be used as a basis for negotiations.
 Clearly identify all costs for Tasks related to the project for which a proposal is being submitted.  Clearly identify all trades to be performed and the corresponding State of California prevailing wage determinations for same. The Awarded Contractor will be responsible for uploading certified payroll to the Labor Commissioner and provide the City of Visalia project manager with an affidavit that labor codes and prevailing wage rates were paid. The affidavit must be submitted to the City Project Manager prior to final payment.

2. The fee proposal submitted under separate, sealed cover, along with the proposed project approach, will be used as a basis for any contract negotiations. The actual scope of services 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 must be completed and returned with your proposal (pages 21-41).
878

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

V. CONSULTANT SELECTION PROCEDURE
Selection of the successful proposal shall be generally based on the information provided by the Vendors in response to the Request for Proposals and any subsequent interviews that may be conducted. Consultant interviews will be held solely at the option and discretion of the City of Visalia. The process for selection shall occur in the following sequence:
a. 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 necessary, will be formed to evaluate the proposals and to make recommendation to the Visalia City Council. This committee may consist of representatives of the user department, members of the community, members of the Council, and may include a representative knowledgeable in playground systems from outside of the community. Composition and creation of this committee, should one be formed, is at the sole discretion of the City. Names of the Committee members, should one be formed, will not be released prior to the time for interviews.

The Committee will review the proposals for format to ensure conformance 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 personnel responsible for fulfilling the requirements of the project shall be required to be present for the interview.

A. Criteria and Evaluation Points
The Committee will address the following criteria in evaluation of proposals in order to gauge the ability of a contractor to perform the services of the contract as specified. The same general criteria will be used to judge both the proposal and the presentation, should the City choose to conduct interviews with short-listed firms.

Criteria: STEP ONE Max Points

1. ADA, ASTM, IPEMA & CPAC compliance Yes/No

2. Proposal addresses design guidelines and specifications 25

3. Quality of design, percentage of shade provided to play structure 20

4. Quality and durability of equipment 20

5. Uniqueness of Equipment 15

6. Reputation and reliability of manufacturer 10

7. Overall cost and 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 of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with the skills required, equipment/materials and financial resources sufficient to provide services called for under this contract. If, during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contract, if awarded, the City has the option of requesting from the proposer, any information that the City deems necessary to determine the proposer’s capabilities. If such information is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.
879

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

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 business community. By submitting a proposal to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.

C. Award of Contract
The successful firm will be required to enter into a contract with the City of Visalia. A Draft Agreement has been included in this RFP to alert proposers to the provisions generally found in City contracts. The Draft Agreement may be altered from the enclosed form at the discretion of the City and without notice to consultant prior to award of contract. The City does not guarantee that the Final Agreement will duplicate the enclosed Draft Agreement.

VI. GENERAL CONDITIONS
A. Important Notice
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective vendors who have secured same. However, it will be the responsibility of each vendor, prior to submitting their proposal, 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 Proposals will be administered by the City of Visalia Community Services Department and the Visalia Purchasing Division.

C. Legal Responsibilities
It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Code.

Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project.

Contractor shall comply with all applicable labor laws and ensure against discrimination.

1. Business Tax Certificate
Possession of a City of Visalia Business Tax Certificate is not required to submit a proposal in response to this invitation. 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 work. 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 be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issued by any federal, state or local governmental agency, pertaining to, 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 obtain the permit from the City of Visalia Buildings Division.
880

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

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 elected and appointed officers, employees, and CITY designated volunteers from and 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 the 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 indemnify and hold harmless VENDOR, its officers, employees, and designated volunteers from and against any and all losses, defense costs, liability or consequential damages to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, VENDOR agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any 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, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.

Without limiting CITY’s right to indemnification, it is agreed that VENDOR shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
 Workers’ Compensation insurance as required by California statutes.  Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).
 Professional Liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
 Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage 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, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City of Visalia, Purchasing Division, 707 W.

Acequia, Visalia, CA 93291, with the exception of cancellation for non-payment of premium, in which case ten (10) days’ notice shall be given.”
In addition, the Commercial general liability policy required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”
“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insured as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.”
The successful bidder shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should Consultant cease to have insurance as 881

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

required during any time, all work by Consultant pursuant to this agreement shall cease until insurance 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 premiums for such insurance from any sums due under the Agreement; or

2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

VII. EXAMINATION OF CONTRACT REQUIREMENTS AND ACCEPTANCE

OF PROPOSAL CONTENT
Before submitting a proposal, proposers must satisfy themselves by personal examination of the proposal requirements and other contract documents, and by any other means 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 submission of a proposal shall be considered conclusive evidence that the proposer has carefully investigated all conditions that affect, or may at some future date affect, the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the proposal. Submission of a proposal shall also be evidence that the proposer is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work.

No proposer shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the proposer receives an award as a result of this Request for Proposals, failure to have made such investigations and examinations will in no way relieve the proposer from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the proposer for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals.

Should the proposer feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the proposal.

The contents of the proposal of the successful proposer shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement shall result in cancellation of award.

A. Withdrawal of Proposals
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Purchasing Division. The 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 proposal. 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; to waive any requirements, both the City's and those proposed by the vendor; to waive any irregularities or informalities in any proposal or the RFP process when it is in the best interest of the City to do so; to negotiate for the modification of any proposal 882

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

with mutual consent of the proposer; to re-advertise for proposals, if desired; to sit and act as sole judge of the merit and qualifications of the service offered and; to evaluate in its absolute discretion, the proposal of each vendor, so as to select the vendor which best serves the requirements of the City, thus insuring that the best interest of the City will be served. Proposer’s past performance and the City's assurance that each proposer will provide service as proposal, will be taken into consideration when proposals are being evaluated.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the proposer will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such proposer 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 perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in 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 agreement may be terminated at that time. A determination as to whether 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 the information called for in this RFP. Brochures or other promotional presentations beyond that sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.

Proposals will be evaluated by a Selection Committee. The City reserves the right to make the selection of a proposer based on any or all factors of value, whether quantitatively identifiable or not, including, but 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 awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

3. Should proposer be awarded contract, proposer shall not assign contract, or any part thereof, or any moneys due or to become due thereunder, without prior consent of the City.

4. Proposer shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the proposer, its consultants, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused 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 any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

6. Proposer warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the proposer, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract either in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
883

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

D. Proposal Pricing Guidelines
Proposer shall provide proposed fees and cost information as a part of this Request for Proposals. Proposed fees shall be submitted under separate, sealed cover.

E. Assignment of Contract
No assignment by the vendor of the contract or 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 require performance by the proposer of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such 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 no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

G. Ethics in Public Contracting
Each proposer, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the 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 with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value.

The proposer further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.

Prior to the award of any contract, the potential Consultant may be required to certify in writing to the Purchasing Division that no relationship exists between the proposer and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

More than one proposal from an individual, firm, partnership, corporation or association under the same or different names may be rejected. Reasonable 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 comply with all the requirements, when applicable, of the California Fair Employment Practice Commission and provisions of, when applicable, 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 any employee or applicant for employment on the basis of race, religion, color, gender, age, handicap, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the proposer. The proposer agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

3. Proposer, in all solicitations or advertisements for employees, placed by, or on behalf of the proposer, shall state that proposer is an Equal Opportunity Employer. 884

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

I. Venue
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Tulare County, California.

J. Proprietary Information
The proposals received shall become 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 contract. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the proposer as business 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 only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed nonresponsive.

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 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 Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

VIII. MEASUREMENT AND PAYMENT
A. 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 maintain a process to monitor its billing practices and will refund all over-charges that may occur.

In connection with any cash discount offered, time will be computed from the date of complete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check.

The City of Visalia shall withhold retention in the amount of 5% of invoiced amount for completed work.

Retention shall be held until thirty-five (35) days after the filing of a Notice of Completion.

IX. SPECIAL CONDITIONS APPLICABLE TO THIS PUBLIC WORKS

CONTRACT
885

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

A. 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. All contractors and subcontractors (including Consultants and Sub-Consultants) bidding and performing work on Public Works Projects must:

1. Be currently registered with the California Department of Industrial Relations (DIR)

2. Furnish electronic payroll records for new projects to the Labor Commissioner No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors or list unregistered subcontractors will be rejected as non-responsive.

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

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

B. City of Visalia Labor Compliance Manual
Consultant shall fulfill requirements of Department of Industrial Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into his RFP and subsequent contract as an attachment and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.

C. Bonds
Awarded Contractor shall be required 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 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.

According to City standards the surety company must be either a California Admitted Surety OR current Treasury Listed Surety (Federal Register) to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.

D. Project Administrative Issues

1. Complete Project
The successful consultant shall be responsible for providing all materials, labor, equipment, and services necessary to fulfill the requirements of this RFP. It is the intent of this RFP and related agreement to describe a functionally complete project.

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

Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 886

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-

1.03 of the Standard Specifications apply.

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

Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract. These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time where, in the Project Manager’s opinion, such extensions are commensurate with the amount and difficulty of added work.

Excessive altered work shall be covered by supplemental agreement that is subject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.

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

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

If the Project Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documentation required for a Change Order within forty-five (45) days of completing the Extra Work.

The Project Manager will submit a Change Order request for review and approval by the Change Order Committee. If the Contractor does not submit any documentation within that time period, the Project Manager may move forward with issuing a Change Order to adjust the contract price.

5. Removal of Obstructions
Contractor shall remove and dispose of all structures, debris or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced.

6. Clean Up
Prior to acceptance and final payment, Contractor shall clean up the site 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 general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.

2. Contractor/Contractor’s Superintendent.
887

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

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

Contractor may designate a superintendent.

3. Project Site/Existing Utilities and Structures
(a) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to: temporary or permanent fencing, sewers, water service, drains 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 shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility. iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so.

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

5. Labor
(a) Workmanship. Workmanship shall be equal to the best general practice of modern-day fabrication shops and good construction practice.
(b) Qualification. Contractor shall ensure that each employee 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 Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project. (b) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor. City shall be the sole judge as to the adequacy of any item for substitution.
(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 responsibility for ensuring that the project and materials are protected 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 detailed dimensional shop drawings covering all Contractor-furnished items of equipment. Prior approval by Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.
888

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT PROVIDENT SKATE PARK RFP No. 23-24-12B

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 BUSINESS TAX CERTIFICATE #__________________________________ A City of Visalia Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a City Tax Certificate prior to commencement of work. Please contact the Business Tax Division for with any questions at (559) 713-4326 or [email protected]. 889

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

BIDDER’S NAME: ____________________

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

SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)

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

Email Address:

CSLB # Expires:

DIR Registration #

2. Subcontractor Name: 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 trade classifications, please list remaining subcontractors on a separate sheet of paper (providing all requested information for each subcontractor) and submit with Proposal.
891

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

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 ourselves, 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 principal has submitted the abovementioned bid to the City of Visalia for certain construction specifically described in:

RFP 23-24-12B
Project Name: PLAYGROUND SHADE STRUCTURE DESIGN PROJECT AT PROVIDENT SKATE PARK NOW THEREFORE, if the aforesaid principal is awarded 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 to 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 remain in full force and virtue.

In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall 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)
895

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

Bidders Name: ____________________________
(Submit with Bid Proposal)

FEDERAL AND STATE REQUIREMENTS
All federal procurement requirements provided in Uniform Guidance 2 CFR Part 200 shall be in effect. In addition, the following terms and conditions apply to you, the contractor (including consultants/vendors), as a contractor of the City of Visalia.

The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply 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 contractor (or subcontractor) must incorporate the applicable 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 contract provisions by any subcontractor, lowertier 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 agrees 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 agrees to provide the Treasury Department or authorized representatives 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 Disabilities Act compliance.

3. BIDDER’S STATEMENT ON PREVIOUS CONTRACTS SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:

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

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

If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on 896

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

Bidders Name: ____________________________
(Submit with Bid Proposal)
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 facility 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 commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the BIDDER 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 contractor’s requirement under such contract. (C) A Payment Bond on the part of the CONTRACTOR for 100% of the contract price. A Payment Bond 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 (including but not limited to iron, aluminum, steel, cement, and other 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 aluminum; 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 an employee of a Member of Congress in connection 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 obtaining any 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 provision, means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.
(B) By the submission of a bid, the Bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform

897

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

Bidders Name: ____________________________
(Submit with Bid Proposal)
their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract, 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 certification from proposed SUBCONTRACTORS before the award of subcontracts 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 PROSPECTIVE 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 the Equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e. quarterly, semi-annually, or annually).
(D) By commencing performance of the contract work, the selected BIDDER certifies to the Nonsegregated 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 requirements with respect to the acceptance and use of Federal Funds for this federally 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 in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the 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 or 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 Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, “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 award 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 fact upon which reliance was placed when this transaction was made or entered into. Submission of this 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, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. 898

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

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 etseq.
(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 etseq. (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 Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 3702 of the Act, each contractor shall be required 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 Copeland ‘‘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’’). Under the Copeland ‘‘Anti‐ Kickback’’ Act, the CONTRACTOR and all subcontractors are prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The CITY must report all suspected or reported violationsto the Federal awarding agency.

13. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 3141-3148)
Applies to purchases for construction services in excess of $2,000. The Contractor must comply 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 the 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. 899

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

Bidders Name: ____________________________
(Submit with Bid Proposal)

14. DOMESTIC PREFERENCE STATEMENT (2 CFR 200.322)
As appropriate and to the extent consistent with the law, the BIDDER should, to the greatest extent practicable under a Federal award, provide a preference to the purchase, acquisition, or use of goods, products, or materials produce in the United States (including but not limited to iron, aluminum, steel, cement, and 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. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available 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 further agrees to include a provision requiring such compliance in its lower tier covered transactions. (E) (Executive Orders 12549 and 12689) — By execution of this Agreement, CONTRACTOR certifies to the CITY that it is not a party listed on the government‐wide exclusions list in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 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 controlled 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 the 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 MONTHS), the government agency will regard this certificate as valid for all contracts, agreements, grants, or purchase orders entered into between the BIDDER and this government agency without 900

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

Bidders Name: ____________________________
(Submit with Bid Proposal)
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, then 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 Employment 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 forms 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 not 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 which he has a collective bargaining agreement or other contract or understanding, a notice 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 CONTRACTOR will 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 in whole or in part 901

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

Bidders Name: ____________________________
(Submit with Bid Proposal)
and the CONTRACTOR may be declared ineligible 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 preceding 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 24, 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 provisions, including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomesinvolved 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 CITY 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 administering 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 orders 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 CITY 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 imposed 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 the failure or refund 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 California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
902

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

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 identified 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 use 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 finding that, absent 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 certification of this form shall be reported to the California Attorney General and may 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 order 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 12138 (concerning Women's Business Enterprise).

Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction, and services. Affirmative 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 economically 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, connived, or agreed with any BIDDER or anyone else to put in a sham BID, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER of any other BIDDER, or to fix any 903

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

Bidders Name: ____________________________
(Submit with Bid Proposal)
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, agreement, or purchase order; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham BID.

22. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the nonFederal 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 performance 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-procurementguideline-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 Communications Corporation, Hangzhou Hikvision Digital Technology Company, or 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, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 904

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

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 awards that are 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 retained 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 Business 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’ compensation 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 annual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors 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 Section 1725.5. It is not a violation 905

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

Bidders Name: ____________________________
(Submit with Bid Proposal)
of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

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

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.
 As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
 As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.  As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html .  The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.  In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.  In accordance with labor code section 1776 and its enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall; 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 compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776.
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. 906

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

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 with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).
 As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
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 subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall 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 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
 In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
 Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070- 3098 may be employed at the apprentice wage rate on public works.  Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
 The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a 907

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B

Bidders Name: ____________________________
(Submit with Bid Proposal)
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 of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected. o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.  The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

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

As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself. 908

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT PROVIDENT SKATE PARK RFP NO. 23-24-12B