Visalia City Council
June 3, 2024

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]. 1138

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

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

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.
1140

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

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

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

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

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 23-24-12F
Project Name: PLAYGROUND SHADE STRUCTURE DESIGN PROJECT AT STONEBROOK 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)
1144

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

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 1145

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

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

1146

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

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. 1147

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

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. 1148

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

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 1149

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

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 1150

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

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
1151

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

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 1152

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

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. 1153

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

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 1154

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

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. 1155

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

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 1156

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

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. 1157

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

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
1158

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

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

PLAYGROUND SHADE STRUCTURE DESIGN & INSTALLATION PROJECT AT

STONEBROOK 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 Stonebrook Park as evidenced by RFP No. 23-24-12F, Playground Shade Structure Design & Installation Project at Stonebrook 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 & Installation 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 23-24-12F, Playground Shade Structure Design & Installation Project at Stonebrook Park
Attachment 4 Vendor’s proposal in response to RFP No. 23-24-12F 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”):
1159

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

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

B. Additional Services: Incidental work related to the PROJECT and not described in RFP-23-24-12F, 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* 1160

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

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 1161

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

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. 1162

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

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

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

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)
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CITY OF VISALIA
RFP–23-24-12F
Shade Structure Design & Installation Services at Stonebrook 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. 1172

CITY OF VISALIA
RFP–23-24-12F
Shade Structure Design & Installation Services at Stonebrook 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. 1173
Stonebrook Park Site Map
Playground
Area
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Visalia City Council
Staff Report
Visalia City Council
303 E. Acequia
Visalia, CA 93291
File #: 24-0198 Agenda Date: 6/3/2024 Agenda #: 13.

Agenda Item Wording:

Authorize shade structure contract for Sunset Park - Authorize the City Manager to award playground shade structure design & installation services at Sunset Park to Bakersfield Paving of Bakersfield for an amount not to exceed of $151,040.00.

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 Sunset Park to Bakersfield Paving, Inc. of Bakersfield, CA, in the amount of and not to exceed $151,040.00, per specifications of RFP 23-24-12G.

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 #23-24-12G 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 playground fall surfacing area. Two mandatory proposer conferences were conducted on March 27, 2024, and March 28, 2024, where staff answered questions and toured the playground area with several contractors. Proposals for the RFP were due on April 11, 2024. The City received a total of two design submissions from two proposers. 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 #23-24-12G. During their review the committee felt that the proposals submitted by Bakersfield Paving Inc. and Anchor 41 Construction had the top Visalia City Council Page 1 of 2 Printed on 5/31/2024
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File #: 24-0198 Agenda Date: 6/3/2024 Agenda #: 13.
two designs. 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 top two designs and concluded that the Bakersfield Paving Inc. design proposal was the overall winner that best meets the requirements of RFP #23-24-12G 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 23-24-12G a construction contract for Playground Shade Structure Design & Installation Services at Sunset 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 Playground Shade Structure Installation Project at Sunset Park, to Bakersfield Paving, Inc. (RFP 23-24-12G) for a not to exceed amount of $151,040.00.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFP 23-24-12G, RFP 23-24-12G Addendum 1, Bakersfield Paving, Inc. Proposal, Evaluation Form, Site Map.

Visalia City Council Page 2 of 2 Printed on 5/31/2024
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PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT SUNSET PARK RFP No. 23-24-12G

CITY OF VISALIA, CA

REQUEST FOR PROPOSALS
RFP #23-24-12G

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION

PROJECT AT SUNSET PARK
DESCRIPTION: The City of Visalia is seeking proposals from qualified firms to design and install playground shade structure at Sunset 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. 23-24-12G
ENVELOPE: Playground Shade Structure Design and Installation Project at Sunset 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. 1177

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

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

SUNSET 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 Sunset 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 $200,000 which is an estimate of the total project delivery costs. This project is supported, in whole or in part, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treasury. Federal Funds being utilized for this project are American Rescue Plan Act Funds (ARPA). Proposals are required for the entire work.

TO OBTAIN 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.
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PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT SUNSET PARK RFP No. 23-24-12G

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

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 1180

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

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

I. DEFINITIONS
For the purposes of this RFP NO. 23-24-12G, 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. 23-24-12G.

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 Sunset Park, 5743 W. Lisendra Dr, 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]. 1182

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

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
Sunset 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 each playground structure,
Suppliers shall submit a maximum of (2) two designs per project site.

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. 1183

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

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.

Sunset Park 5 to 12 Playground Dimensions: 56’ x 50’ Approximate Perimeter Sunset Park Fitness Course & Swing Set Dimensions: 67’ x 43’ 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 playground structure.

Shade System Features in Priority Order:

3. Provide a minimum of one shade structure designed over the ages 5 to 12 playground structure.

Preferred Shade 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 Sunset 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.
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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. 1185

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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).
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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.
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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.
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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.
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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 1190

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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.
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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. 1192

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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
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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 1194

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

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

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

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]. 1197

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

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

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

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

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

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 23-24-12G
Project Name: PLAYGROUND SHADE STRUCTURE DESIGN PROJECT AT SUNSET 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)
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PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT SUNSET PARK RFP NO. 23-24-12G

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 1204

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

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

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

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. 1206

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

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. 1207

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

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 1208

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

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 1209

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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
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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 1211

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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. 1212

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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 1213

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

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. 1214

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

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 1215

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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. 1216

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

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

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

PLAYGROUND SHADE STRUCTURE DESIGN & INSTALLATION PROJECT AT

SUNSET 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 Sunset Park, as evidenced by RFP No. 23-24-12G Playground Shade Structure Design & Installation Project at Sunset 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 23-24-12G, Playground Shade Structure Design & Installation Project at Sunset Park
Attachment 4 Vendor’s proposal in response to RFP No. 23-24-12G 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”):
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PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT SUNSET PARK RFP NO. 23-24-12G

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

B. Additional Services: Incidental work related to the PROJECT and not described in RFP-23-24-12G, 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* 1219

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

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 1220

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

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. 1221

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

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

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
1223

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

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)
1224
1225
1226
1227
1228
1229
1230

CITY OF VISALIA
RFP–23-24-12G
Shade Structure Design & Installation Services at Sunset 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. 1231

CITY OF VISALIA
RFP–23-24-12G
Shade Structure Design & Installation Services at Sunset 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. 1232
Sunset Park Site Map
Playground
Area
1233
Visalia City Council
Staff Report
Visalia City Council
303 E. Acequia
Visalia, CA 93291
File #: 24-0218 Agenda Date: 6/3/2024 Agenda #: 14.

Agenda Item Wording:

Cooperative Agreement for Reimbursement with the County of Tulare - Authorize the City Manager to execute a Cooperative Agreement for Reimbursement with the County of Tulare for the installation of a sewer main in Avenue 280 (Caldwell Avenue) from Lovers Lane (Rd. 140) to Rd. 144 and the appropriation of $535,000 from the Wastewater Trunkline Fund (231).

Deadline for Action: June 3, 2024
Submitting Department: Community Development
Contact Name and Phone Number:

Eric Bons, Senior Civil Engineer, [email protected], (559) 713-4350 Jim Koontz, Assistant City Attorney, [email protected], (559) 372-2400 Jason Huckleberry, Engineering & Building Director, [email protected], (559) 713-4495 Department Recommendation:

Staff requests the City Council authorize the City Manager to execute a Cooperative Agreement for Reimbursement with the County of Tulare for the installation of a sewer main in Avenue 280 (Caldwell Avenue) from Lovers Lane (Rd. 140) to the Road 144 alignment and the appropriation of $535,000 from the Wastewater Trunkline Fund (231).

Background Discussion:

The City of Visalia has a roadway widening project for Caldwell Avenue from Santa Fe Street to Lovers Lane (Rd. 140) which will widen Caldwell Avenue from 2-lanes to 4-lanes with a raised center median, curb, gutter, sidewalk, and a joint use pathway. The County of Tulare also has a project for Caldwell Avenue (Ave. 280) from Lovers Lane to S. Virginia Avenue in Farmersville. The widening of Caldwell Avenue (Ave. 280) within the City of Visalia and the County of Tulare is part of a regional corridor enhancement project from Highway 99 to the City of Exeter to ease congestion along this corridor.

The City of Visalia’s improvements of Caldwell Avenue from Santa Fe Street to Lovers Lane included the extension of the City’s storm drain and sanitary sewer systems within the City’s project limits.

The County of Tulare will be widening Ave 280 (Caldwell Avenue) from 2-lane to 4-lanes of travel.

The land located north of Ave. 280 and one-half mile east of Lovers Lane (Rd. 140) is currently within the Urban Development Boundary Tier 2 so it could be developed into residential, parks, and some commercial regional uses. Therefore, the City of Visalia and the County of Tulare are working together to install a sanitary sewer main within Ave. 280 (Caldwell Avenue) as part of the County of Tulare’s Ave. 280 Widening project. The sanitary sewer main is identified within the City of Visalia Sanitary Sewer Master Plan. The installation of the sanitary sewer main with the County’s project will facilitate the installation as part of the roadway reconstruction and not cutting into a newly Visalia City Council Page 1 of 4 Printed on 5/31/2024
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File #: 24-0218 Agenda Date: 6/3/2024 Agenda #: 14.
facilitate the installation as part of the roadway reconstruction and not cutting into a newly constructed roadway with the development of the land within the City of Visalia’s Urban Development Boundary Tier 2. No connections will be made with this installation to the adjacent properties until permitted development occurs in the Urban Development Boundary -Tier 2. Main lines will be stubbed and plugged to serve future development north of Caldwell Avenue so the new roadway section will not need to be damaged to make future connections. These main lines will be installed at the ¼ mile and ½ mile locations in accordance with City policy for the alignment of the future roadways.

The Agreement for Reimbursement provides the terms which the City of Visalia and the County of Tulare are to cooperate for the design and installation of the sanitary sewer main. The agreement provides an estimate for the design and construction costs to be reimbursed by the City for the sanitary sewer main of approximately 2,680 feet in length, however the City shall reimburse the County for the actual cost of design and construction. The final payment will be based on the actual cost of design and construction. The agreement also provides the final City approval of the plans, approval of any necessary changes or adjustments, and for the inspection of the sewer infrastructure by City personnel.

The following is an estimate of the design and construction cost for the installation of the sanitary sewer main in Caldwell Avenue/Ave. 280 from Lovers Lane (Rd. 140) to the Road 144 alignment.

Item Description Qnty. Units Unit Price Amount
1 12-Inch PVC Sanitary Sewer Pipe 2,683 LF $150.00 $402.450 2 48-inch Sanitary Sewer Manhole 6 EA $10,000.00 $60,000 4 Sanitary Sewer Plug 1 EA $500.00 $500
Construction Subtotal: $462,950
Construction Contingency
(10%)
$46,295
Estimated Design Fee: $23,148
Total: $532,393
Fiscal Impact:

The funding for the sanitary sewer main per the Reimbursement Agreement will be from the Wastewater Trunkline Fund (231). Staff recommends funds in the amount of $535,000 be appropriated from the Wastewater Trunkline Fund (231). The segment of Caldwell Avenue from Santa Fe to Lovers Lane (CP8268) is funded by Measure R and SB-1 LPP funds. The reimbursement for the installation of the sanitary sewer trunkline from Lovers Lane (Rd. 140) to Road 144 will be tracked separately.

Impact fees will be collected when development occurs within the Urban Development Boundary - Tier 2 to replenish the Wastewater Trunkline Fund (231).

Prior Council Action:

April 1, 2024: City Council accepted an update on the real property negotiations for the properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

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File #: 24-0218 Agenda Date: 6/3/2024 Agenda #: 14.

December 18, 2023: City Council accepted an update on the real property negotiations for the properties need for the Caldwell Avenue Widening form Santa Fe Street to Lovers Lane Project (CP8268).

September 18, 2023: City Council accepted an update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lover Lane Project (CP8268) August 7, 2023: City Council adopted a Resolution of Necessity to acquire property and temporary construction easements for portions of eight separate properties along Caldwell Avenue between Santa Fe Street and Lovers Lane for the purpose of widening Caldwell Avenue (CP8268).

June 5, 2023: City Council accepted a update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

November 21, 2022: City Council accepted a update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

October 4, 2021: Council accepted and authorized an appropriation of $1,387,000 from the Senate Bill 1 - Local Partnership Program (SB1-LPP) for the Caldwell Avenue Widening from Santa Fe to Lovers Lane Project (CP8268)
September 21, 2020: Council authorized approval of Amendment Number 2 with 4 Creeks Inc. in the amount of $489,755.00 bringing the contract from $768,000.00 to $1,257,755.00 for additional services related to the Caldwell Avenue Widening from Santa Fe to Lovers Lane (CP8268) April 20, 2020: Council authorized amending the Measure R Supplemental Agreement for the Caldwell Avenue Widening from Santa Fe to Lovers Lane (CP8268) due to increase in the scope of work.

May 2, 2016: Council authorized a contract with 4 Creeks Engineering Co. for RFP 15-16-49 to prepare Plans, Specifications, and Estimate for the Caldwell Avenue Widening from Santa Fe to Lovers Lane.

November 21, 2022: Council, in closed session, approved property appraisals and authorized City staff and consultant to purchase properties with authority to pay up to twenty percent above appraised value.

Alternatives:

Decline to install the sewer main extension with the County roadway project and require future development to install. This would require major excavation of the new roadway should the area develop, leading to a shorter lifespan for the new pavement.

Recommended Motion (and Alternative Motions if expected):

Accept report, authorize the City Manager to execute a Cooperative Agreement for Reimbursement with the County of Tulare for the installation of a sewer main in Avenue 280 (Caldwell Avenue) from Lovers Lane (Rd. 140) to Road 144 and the appropriation of $535,000 from the Wastewater Trunkline Fund (231).

Environmental Assessment Status:

Not required at this time, no physical change to the environment caused by acquiring the property and environmental review is being conducted for the street widening project.

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File #: 24-0218 Agenda Date: 6/3/2024 Agenda #: 14.

CEQA Review:

Conducted for the street widening project.

Attachments:

A. Agreement for Reimbursement with exhibits
B. Map of sanitary sewer main extension.

Visalia City Council Page 4 of 4 Printed on 5/31/2024
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Tulare County Agreement No. _

AGREEMENT FOR REIMBURSEMENT
This Agreement ("AGREEMENT") is made and entered into this day of , 2024 by and between the COUNTY OF TULARE (hereinafter referred to as “COUNTY”), and the CITY OF VISALIA (hereinafter referred to as “CITY”). An individual signatory agency in this AGREEMENT is referred to as “PARTY.” Collectively, the signatory agencies in this AGREEMENT are referred to as “PARTIES.”

R ECITALS
WHEREAS, the COUNTY is the lead agency on the Avenue 280 Widening Project - Segment 2 which includes roadway reconstruction and widening between Road 140 (Lover’s Lane) in Visalia, and Virgina Avenue in Farmersville. (hereinafter collectively referred to as “PROJECT”); and
WHEREAS, the PROJECT is scheduled for construction in fiscal year 2024/2025; and WHEREAS, COUNTY has determined that CITY is the owner of a sanitary sewer system within the limit of PROJECT; and
WHEREAS, CITY has requested that master planned sanitary sewer infrastructure between Road 140 (Lover’s Lane) and Road 144 be installed as a part of the PROJECT; WHEREAS, the COUNTY has determined that a portion of the Project lies within the City of Visalia Urban Growth Boundaries as established in the City’s General Plan, and the LAFCO spere of influence; and
WHEREAS, COUNTY agrees to include a portion of the master planned sewer system expansion as part of the PROJECT;
WHEREAS, the CITY agrees to reimburse COUNTY for the full cost for all work involved in the design and construction of the sanitary sewer related work; and WHEREAS, this AGREEMENT provides the framework for the collaboration between COUNTY and CITY by defining the terms and conditions under which adjustment of existing sanitary sewer manholes found to be in conflict with the PROJECT will be handled; and WHEREAS, PARTIES are authorized to enter into this AGREEMENT per California Government Code section 23004, et seq., and the California Streets and Highways Code sections 1685 and 1803.

NOW, THEREFORE, it is mutually understood and agreed by PARTIES as follows:
1238
Tulare County Agreement No. _

1. CITY hereby agrees to reimburse the COUNTY for actual design and construction costs for sanitary sewer work. The limits of the new sewer installation are shown on Exhibit A (attached), and the estimated construction costs are shown on Exhibit B (attached).

Actual construction costs will be determined based on the actual installed cost of sewer system that were paid to the contractor. Design costs shall be calculated based on a percentage of construction cost and shall not exceed five percent (5%) of the actual construction cost for sewer system work.

2. Upon PROJECT completion, the COUNTY shall invoice the CITY within six (6) months of the recorded Notice of Completion date for the improvements. The CITY shall pay the COUNTY within ninety (90) days of the invoice date.

3. Upon approval of the Notice of Completion by the COUNTY Board of Supervisors, the warranty period of one (1) year begins. CITY hereby agrees that all work completed as part of this PROJECT is subject to the above warranty period. If there is a defect in such work, the COUNTY, on behalf of the CITY, will cause the contractor that performed the work to undertake necessary corrective action.

4. COUNTY agrees that as the plans and specifications for the sanitary sewer portion of the PROJECT are being designed it shall seek confirmation from the CITY for review and confirmation that the proposed sewer design will properly integrate with the existing CITY sewer system. Review by the CITY is limited to confirmation that the proposed design will integrate with the existing CITY sewer system. COUNTY agrees the plans for the PROJECT shall not be released until CITY has confirmed that the sewer plan design will meet CITY requirements, or twenty (20) business days have passed after COUNTY provides the CITY with written notice that confirmation of the sewer design is required for the COUNTY to move forward with construction bidding. CITY agrees that no other authorization, oversight, input or requirement other than the authority conferred by this AGREEMENT shall be necessary from the COUNTY.
1239
Tulare County Agreement No. _

5. This AGREEMENT shall terminate upon acceptance of final payment by COUNTY for the PROJECT, unless the PARTIES agree through an amendment to this AGREEMENT to an extension of time.

6. Neither COUNTY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and save harmless COUNTY and its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to CITY under this AGREEMENT.

7. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and save harmless CITY and its officers and employees from all claims, suits, or actions of every name, kind and description brought for or on account of injury (as defined by Government Code section 810.8) occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority, or jurisdiction delegated to COUNTY under this AGREEMENT.

8. COUNTY shall maintain complete and accurate records with respect to all work authorized by this AGREEMENT.

9. COUNTY shall provide CITY with a copy of the As-Built plans after the completion of the project.
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Tulare County Agreement No. _

10. This AGREEMENT represents the entire AGREEMENT between CITY and COUNTY as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this AGREEMENT may be modified without the written consent of both parties.

11. Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission or sent by first class mail, postage prepaid and addressed as follows:

COUNTY: RMA Director:

Government Plaza
5961 S Mooney Blvd
Visalia, CA 93277
Phone No. (559) 624-7000
Fax No.: (559) 730-2653

CITY: City Manager:
220 N. Santa Fe St.

Visalia, CA 93292
Phone No.:(559) 713-4300
Fax No.:(559) 713-4800
Notice delivered personally or sent by facsimile transmission is deemed to be received upon receipt. Notice sent by first class mail shall be deemed received on the fourth day after the date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph.

12. This AGREEMENT reflects the contributions of both parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any uncertainty.

13. Unless specifically set forth, the parties to this AGREEMENT do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy. 1241
Tulare County Agreement No. _

14. This AGREEMENT shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. Any litigation arising out of this AGREEMENT shall be brought in Tulare County, California. CITY waives the removal provisions of California Code of Civil Procedure Section 394.

15. The failure of either party to insist on strict compliance with any provision of this AGREEMENT shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the AGREEMENT by the other party.

16. The Recitals and the Exhibits to this AGREEMENT are fully incorporated into and are integral parts of this AGREEMENT.

17. This AGREEMENT is subject to all applicable laws and regulations. If any provision of this AGREEMENT is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the AGREEMENT to either party is lost, the AGREEMENT may be terminated at the option of the affected party. In all other cases the remainder of the AGREEMENT shall continue in full force and effect.

18. Each party agrees to execute any additional documents and to perform any further acts which may be reasonably required to affect the purposes of this AGREEMENT.

19. COUNTY expressly agrees that it will not discriminate in employment or in the provision of services on the basis of any characteristic or condition upon which discrimination is prohibited by state or federal law or regulation.

20. This AGREEMENT becomes effective when executed by both parties. 1242
Tulare County Agreement No. _
THE PARTIES, having read and considered the above provisions, indicate their AGREEMENT by their authorized signatures below.

IN WITNESS WHEREOF, the undersigned PARTIES have executed this AGREEMENT on the day and year first written above:

CITY OF VISALIA
Date By
Leslie Caviglia
City Manager
ATTEST: Michelle Nicholson
Chief Deputy City Clerk
of the City of Visalia
By
Approved as to Form:

City Attorney
By

COUNTY OF TULARE
Date By
Chair, Board of Supervisors
ATTEST: JASON T. BRITT
County Administrative Officer/Clerk of the Board
of Supervisors of the County of Tulare
By
Deputy Clerk
Approved as to Form:

County Counsel
By
Deputy
1243
Tulare County Agreement No.

Attachment A
1244
Sanitary Sewer Collection System Master Plan | City of Visalia Project Details:

Project Element
Existing
Diameter
(in)
Proposed
Diameter
(in)
Replace/
New
Length
(ft)
Unit Cost
($)
Baseline
Construction
Cost(1)
($)
Estimated
Construction
Cost(2)
($)
Capital
Improvement
Cost(3)
($)
Project
Schedule
Gravity Main - 12 New 5,000 $ 240 $ 1,200,000 $ 1,560,000 $ 1,989,000 2031-2035 Notes: (1) ENR 20 City Average Construction Cost Index for March 2021 is 11,750. (2) Estimated Construction Cost includes a 30% contingency of the baseline construction cost. (3) Total project costs includes a 10% markup for engineering, a 10% markup for construction management and a 7.5% markup for project administration of the estimated construction cost.

Project Cost Allocation: Project Detail:

Reimbursement Category Percent Cost ($)
Existing Users 0% $ -
Future Users 100% $ 1,989,000
Total 100% $ 1,989,000
Notes on Cost Estimation:

Project will address future growth, therefore 100-percent of cost is assigned to future users.

Tulare County Agreement No. 1245
Attachment B
Tulare County Agreement No.
1246
Project: Avenue 280 Widening, Segment 2 Date: 3/12/2024 Preliminary Engineer's Estimate - Sanitary Sewer in City of Visalia Spere of Influence per Masterplan By: K. Chavez Checked: K. McDonald
Item Description of Work Qty Unit Unit Price Total
1 12-Inch PVC Sanitary Sewer Pipe (Lovers Lane to Rd. 144) 2,683 LF $150.00 $402,450.00 2 48-Inch Sanitary Sewer Manhole (Lovers Lane to Rd. 144) 6 EA $10,000.00 $60,000.00 3 Sanitary Sewer Plug (Lovers Lane to Rd. 144) 1 EA $500.00 $500.00 Construction Subtotal $462,950.00
Contingency (10%) $46,295.00
Estimated Design Fees $23,147.50
Total $532,392.50
*Note unit prices for material and labor are priced according to the current market rates and values and they are subject to change in the future.
3/12/2024
Tulare County Agreement No.

Cameron Creek
Evans Ditch
Packwood Creek
Tulare Irrigation Cannal
Walnut
K
Ben Maddox
Lovers Lane
Ave 288
Caldwell Caldwell Burke
K
Mc Auliff
Pinkham
Santa Fe
Rd 148 Visalia
Ave 280
Rd 148
Rd 140
1248
Visalia City Council
Staff Report
Visalia City Council
303 E. Acequia
Visalia, CA 93291
File #: 24-0159 Agenda Date: 6/3/2024 Agenda #: 1.

Agenda Item Wording:

PUBLIC HEARING and Adoption of Resolution 2024-12 which allows the City of Visalia to place Miscellaneous Special Assessments on the Tulare County secured property tax roll for Curb and Gutter, Sewer Connection, Deferred Impact Fees, Property and Business Improvement District, Northeast Improvement District, Landscape and Lighting Maintenance District, Landscape and Lighting Parks Construction, Open Space Assessment District, Orchard Walk East/West Utility Assessment District, Laura and Atwood Water Main Assessment District, Delinquent Utilities, Code Enforcement, and Weed & Lot Abatement.

Deadline for Action: 6/3/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Ruth Pena, 713-4327, [email protected] <mailto:[email protected]>
Department Recommendation:

It is recommended that the City Council conduct a public hearing to allow individuals an opportunity to protest any charges they believe are being assessed improperly. After holding the Public Hearing, it is recommended the Visalia City Council adopt Resolution 2024-12 which allows the City of Visalia to place Miscellaneous Special Assessments on the Tulare County secured property tax roll for collection.

Background Discussion:

Summary: Each year, the Council considers a Resolution to place assessments on the property tax roll for collection. The total parcels and amounts requested to be placed on the tax roll are preliminary until the final filing date of August 10, 2024, with the Tulare County Auditor-Controller’s Office. Until the filing date, the list may change due to payments being received or parcel numbers being removed if they are not active in the County data base. The final list, and its assessments, will not increase from the preliminary listing. The only changes that will occur will result in a decrease in parcels submitted and dollar amount assessed. A final listing of the parcel numbers and amounts assessed will be available after August 31, 2024.

The preliminary amount for fiscal year 2024/25 is $8,393,099 and will be assessed on 25,777 parcels. It is possible that some parcels may receive more than one type of assessment, resulting in a reduction in the number of actual parcels being assessed.

Background Discussion:

The placing of miscellaneous special assessments on the Tulare County secured property tax roll is Visalia City Council Page 1 of 6 Printed on 5/31/2024
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an annual process which allows the City to collect fees for three general categories:

1. Agreements Entered into at the Property Owner’s Request · Curb and Gutter
· Sewer Connection
· Deferred Impact Fees

2. Special District Assessments
· Property and Business Improvement District
· Northeast Improvement District
· Landscape and Lighting Maintenance District
· Landscape and Lighting Parks Construction
· Open Space Assessment District
· Orchard Walk East/West Utility Assessment District
· Laura and Atwood Water Main Assessment District

3. Delinquent Service Charges
· Utilities
· Code Enforcement
· Weed and Lot Abatement
City departments are responsible for calculating and levying the charges and fees for the services they render, and the assessments they administer. The property owners are notified of the tax roll assessment individually, and in accordance with the applicable law, at: 1) the time of the agreement, as in the case of the owner requested services; 2) through a balloting process, as in the case of assessments in Landscape and Lighting Districts that do not have an automatic annual increase provision; and 3) receipt of a 45 day notice by mail, as in the case of delinquent service charges.

Property owners are also notified of the tax roll assessment through a 10-day notice of the Public Hearing published in the newspaper by the City Clerk. All notifications and public hearings are in accordance with the Visalia Ordinance Code, Proposition 218, and California Law.

A preliminary listing, including the parcel number and the dollar amount to be assessed, will be on file with the City Clerk after June 3, 2024. The listing is preliminary until the final filing date of August 10, 2024, with the Tulare County Auditor-Controller’s Office. Until the filing date, the list may change due to payments being received or parcel numbers being removed due to not yet being active in the County data base. The final list will not increase from the preliminary listing. The only changes that will occur will result in a decrease in parcels submitted and dollar amount assessed. A final listing of the parcel numbers and amounts assessed will be on file with the City Clerk after August 31, 2024.

A comparison of the FY 2024/25 current year preliminary assessments with the 2023/24 prior year preliminary assessments is shown in Table I: Tax Roll Summary. The table shows an increase of 861 parcels in this year’s tax roll compared to last year.

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Attachment 2 provides a comparison of FY 2023/24 preliminary and final numbers and the FY 2024/25 preliminary numbers. The final tax roll is always less than the preliminary tax roll due to property owners making payments until the final list is submitted to the County.

The following are descriptions of the categories, the types of assessments within each category and the preliminary amounts expected to roll to taxes in FY 2024/25 for each assessment.

1. Agreements Entered into at the Property Owner’s Request The assessments below are supported by an agreement between the City of Visalia and the property owner.
· Curb & Gutter: 1 Parcel totaling $1,127
These assessments are for the construction of curb and gutter or sidewalk for the specific parcel. This type of special assessment is for property owners that opted to Visalia City Council Page 3 of 6 Printed on 5/31/2024
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specific parcel. This type of special assessment is for property owners that opted to pay for the construction costs through their property tax bill over a period of up to ten years. A 5% interest rate is charged on the outstanding principal balance each year. · Sewer Connection: 54 Parcels totaling $49,497
These assessments are for the construction of the main line and lateral for connection to the Visalia Wastewater Treatment Plant for property owners that opted to pay connection costs through their property tax bill over a five- or ten-year period. A 5% interest rate is charged on the outstanding principal balance each year. · Deferred Impact Fees: 4 Parcels totaling $284,869
These assessments are for certain eligible companies whose operations meet specific guidelines established by City Ordinance. The ordinance allows these companies to elect to pay their development impact fees over five years on the property tax roll.

2. Special District Assessments
The following assessments represent Special Districts that are placed on the Tulare County secured property tax roll. Proposition 218 requires that any increase be approved by a vote of the property owners unless the district was created with or has implemented a benefit assessment increase allowance.
· Property and Business Improvement District (PBID): 278 Parcels totaling $447,795
PBID V, with a term of January 1, 2020, through December 31, 2029, was approved on July 15, 2019. The PBID District will benefit from the improvements, projects, programs and activities funded by the assessments. With the approval of Council, the funds are administered by the Downtown Property Owners Association (POA) which was created for this specific purpose. The POA currently subcontracts the daily operation of the PBID to the Downtown Visalians, Inc, a non-profit organization formed to improve the image and economic vitality of the downtown commercial district.

The PBID preliminary amount shown above represents the portion of PBID assessments which can be placed on the tax roll. The remaining PBID assessments are for properties owned by public agencies, which do not pay property tax, and will be billed through City Accounts Receivable. The City Council approved a 2% increase in the annual assessment on May 20, 2024, which is included in this amount. · Northeast Improvement District: 3,234 Parcels totaling $156,386 This special assessment is for the Northeast Open Space and the assessments are used to develop and maintain the Northeast Area Specific Plan. This includes the maintenance of the landscape and lighting along the medians in St. Johns Parkway, Mill Creek Parkway, Lovers Lane and improvements along Houston Ave. · Landscape & Lighting Maintenance Districts (L&L): 19,790 Parcels totaling $5,992,681
These special assessments are for the maintenance of improvements in L&L Maintenance Districts. This includes the annual cost of maintaining common area real property improvements in and around specific subdivisions. Each subdivision parcel Visalia City Council Page 4 of 6 Printed on 5/31/2024
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property improvements in and around specific subdivisions. Each subdivision parcel shares equally in the annual cost of the landscape maintenance. In general, additions to L&L districts lag a year or two when being added to the tax roll. The increase in parcels is due to the creation of new districts and annexations into existing districts.

Increases in assessments may be due to these newly added parcels, automatic assessment increases, or the result of a ballot process. · Landscape & Lighting Parks Construction: 256 Parcels totaling $23,675 These special assessments are for park construction costs that have been financed through a General Fund loan to be repaid over a 20-year period. The FY24/25 assessments are for the Majestic Park loan which will be paid off by 2036. · Open Space Assessment District: 137 Parcels totaling $13,368 These special assessments are for the costs related to maintenance of landscaping in the district.
· Orchard Walk East/West Utility District: 16 Parcels totaling $52,062 These special assessments are for the debt service costs of bonds related to improvements for underground utilities. The formation of this Assessment District was approved on October 19, 2009, and the bonds will mature on September 2, 2026. As of June 30, 2022, $135,000 of the principal balance remained outstanding. · Laura and Atwood Water Main Assessments: 18 Parcels totaling $20,021 These special assessments are for extending Cal Water Service water mains to homes in the Laurel and Atwood Street neighborhoods. The cost of the extensions is being repaid from a 15-year bond assessment which the property owners will repay with their property tax payment at 4% interest. The balance is scheduled to be paid off in 2030.

As of June 30, 2023, $118,977 of the principal balance remained outstanding.

3. Delinquent Service Charges
The remaining assessments are collection charges which provide a means for the City of Visalia to annually collect money owed to the City which the City has not been able to collect through the normal billing process.
· Utilities: 1,457 Parcels totaling $920,838
These assessments are used for accounts with delinquent service charges for refuse and/or sewer service. Delinquencies collected in this manner are limited to amounts owed in the property owners name at the specific parcel. For delinquent accounts owed by property owners, Finance recalls the uncollected debt from the collection agency and places the past due amount on the tax roll.
· Code Enforcement: 471 Parcels totaling $371,885
These assessments are for code enforcement cost recovery fees, which are based upon administrative costs and costs of enforcement. The fees included are for building, fire department, natural resource conservation, and animal control code violations. · Weed and Lot Clearing: 61 Parcels totaling $58,893
These assessments are for the clearing of weeds and/or other material that pose a fire Visalia City Council Page 5 of 6 Printed on 5/31/2024
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These assessments are for the clearing of weeds and/or other material that pose a fire hazard on properties. These are assessed by the Fire Department.

Fiscal Impact:

If not approved, this will negatively affect several funds and could potentially require increased fees and charges to subvent non-collectable accounts through alternative billing methods.

Prior Council Action: Council has authorized Finance to submit the annual tax roll for many years to ensure collection of special assessment fees and delinquent service charges.

Other: N/A
Alternatives: Do not authorize Finance to submit the tax roll. This will negatively affect several funds and could potentially require increased fees and charges to subvent non-collectable accounts through alternative billing methods.

Recommended Motion (and Alternative Motions if expected):

I move to adopt Resolution 2024-12 which allows the City of Visalia to place Miscellaneous Special Assessments on the Tulare County secured property tax roll for Curb and Gutter, Sewer Connection, Deferred Impact Fees, Property and Business Improvement District, Northeast Improvement District, Landscape and Lighting Maintenance District, Landscape and Lighting Parks Construction, Open Space Assessment District, Orchard Walk East/West Utility Assessment District, Laura and Atwood Water Main Assessment District, Delinquent Utilities, Code Enforcement, and Weed & Lot Abatement.

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

Attachment 1: Resolution 2024-12
Attachment 2: Tax Roll Summary
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ATTACHMENT 1
RESOLUTION NO. 2024-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA

CERTIFYING TO THE COUNTY THE VALIDITY OF THE LEGAL PROCESS

USED TO PLACE MISCELLANEOUS SPECIAL ASSESSMENTS ON THE

SECURED TAX ROLL
WHEREAS, Section 25831 of the Government Code and Section 40059 of the Public Resources Code establishes the procedure for collection of solid waste fees remaining unpaid to the local agency for 60 days or more; and
WHEREAS, Sections 38771-38775 of the Government Code authorizes cities to declare what constitutes a nuisance, establish a procedure for the abatement of a nuisance, and make the cost of abatement of a nuisance a special assessment against the parcel; and WHEREAS, Sections 5610-5630 of the Streets and Highways Code authorizes cities to recover the costs of repairing sidewalks, curbs, and gutter as a special assessment, Sections 22500-22679 authorize the creation of landscape and lighting assessment districts ; and WHEREAS, the City is a charter law city under the laws of the State of California and authorized to possess, and exercise all powers and rights vested in said City of Visalia, under its charter, the Constitution of California and the laws of the state, and all powers which a municipal corporation may lawfully possess or exercise under the Constitution of California, which include but are not limited to the sewer services, creation of assessment districts, creation of underground utility districts, and for the collection of development impact fees; and WHEREAS, the written notices have been mailed to all delinquent accounts, and the required public hearings have been held as specified by the Visalia Ordinance Code; and WHEREAS, a public hearing was held on June 3, 2024; and

WHEREAS, the City is placing miscellaneous special assessments on the Tulare County secured property tax roll for collection; and
WHEREAS, the City has complied with all laws pertaining to the levy of the special assessments to be collected; and
WHEREAS, the special assessments have been levied in accordance with a particular benefit to each parcel to be assessed without regard to its assessed valuation; and WHEREAS, the Curb and Gutter special assessments are for the construction of curb and gutter or sidewalk for the specific parcel; and
WHEREAS, the Sewer Connection special assessments are for the construction of the service lateral and for connection to the Visalia Waste Water Treatment Plant for the specific parcel; and
WHEREAS, the Deferred Impact Fee special assessments are for the development impact fees of eligible companies whose operations have met the specific guidelines established by City Ordinance; and
1255
WHEREAS, the Property and Business Improvement District special assessments are for the improvements, projects, programs and activities of the Visalia downtown; and WHEREAS, the Northeast Improvement District special assessments are used to develop and maintain the Northeast Area Specific Plan; and WHEREAS, the Landscape & Lighting Maintenance District special assessments are used for maintenance and operation of the improvements situated in the specific Maintenance District; and
WHEREAS, the Landscape & Lighting Parks Construction special assessments are used for the repayment of a General Fund loan that financed the construction of Majestic Park in the Woodside Sousa District ; and
WHEREAS, the Open Space District special assessments are used for maintenance and operation of the improvements situated in the specific Maintenance District; and WHEREAS, the Orchard Walk East/West Utility special assessments are for the repayment of debt associated with the costs and expenses to improve underground utilities; and WHEREAS, the Laura and Atwood Water Main special assessments are for the repayment of a 15 year bond for water main extensions in these specific neighborhoods; and WHEREAS, the Delinquent Utilities special assessments are used for the payment of delinquent service charges for refuse and/or sewer service that are billed for city services only accounts; and
WHEREAS, the Code Enforcement special assessments are used for the cost recovery of Code Enforcement fees for the specific parcel; and
WHEREAS, the Weed & Lot Abatement special assessments are used for the clearing of weeds and other materials from lots which pose a fire hazard.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Visalia that the list submitted with parcel numbers, and amount are certified as being correct, the Finance Director is hereby directed to give the list to the Tulare County Auditor for placement on the secured tax roll for collection:

1. Curb and Gutter special assessments,

2. Sewer Connection special assessments,

3. Deferred Impact Fee special assessments,

4. Property and Business Improvement District special assessments,

5. Northeast Improvement District special assessments,

6. Landscape and Lighting Maintenance District special assessments,

7. Landscape and Lighting Parks Construction special assessments,

8. Open Space District special assessments,

9. Orchard Walk East/West Utility special assessments,

10. Laura and Atwood Water Main special assessments,

11. Delinquent Utilities special assessments,

12. Code Enforcement special assessments,

13. Weed and Lot Clearing special assessments.
1256
PASSED AND ADOPTED:

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA
1257
Increase/ Increase/
(Decrease) (Decrease)
# of Parcels $ Amount # of Parcels $ Amount # of Parcels $ Amount # of Parcels $ Amount Owner Requested Services
Curb & Gutter 1 1,127 1 1,127 1 1,127 - -
Sewer Connection 55 47,510 55 47,510 54 49,497 (1) 1,987 Deferred Impact Fees 7 341,974 6 341,974 4 284,869 (2) (57,105) Subtotal 63 390,611 62 390,611 59 335,493 (3) (55,118)
Special District Assessments
Property and Business Improvement District 279 439,401 279 439,401 278 447,795 (1) 8,394 Northeast Improvement District 3,234 156,386 3,234 156,386 3,234 156,386 - - Landscape & Lighting Maintenance Districts 19,213 5,458,688 19,213 5,458,688 19,790 5,992,681 577 533,993 Landscape & Lighting Parks Construction 256 23,675 256 23,675 256 23,675 - - Open Space Assessment District 137 13,368 137 13,368 137 13,368 - - Orchard Walk East/West Utility Assessment District 12 55,168 12 55,168 16 52,062 4 (3,106) Laura and Atwood Water Main Assessment District 18 20,021 18 20,021 18 20,021 - - Subtotal 23,149 6,166,707 23,149 6,166,707 23,729 6,705,988 580 539,281 Delinquent Service Charges
Utilities 1,230 764,538 937 623,037 1,457 920,838 520 297,801 Code Enforcement 413 366,552 315 173,764 471 371,885 156 198,121 Weed & Lot Abatement 61 100,201 48 92,548 61 58,893 13 (33,655) Subtotal 1,704 1,231,291 1,300 889,349 1,989 1,351,616 689 462,267 Total 24,916 $ 7,788,609 24,511 $ 7,446,667 25,777 $ 8,393,097 1,266 $ 946,430 ATTACHMENT 2
Tax Roll Summary
Change from prior Year
FY 2023/24 - Preliminary FY 2023/24 - Final FY 2024/25 - Preliminary 1258
2024-25 TAX ROLL

ASSESSMENTS
1259

TAX ROLL PROCESS
• Annually, Council approves fees and charges to be
placed on the Tax Roll
• Items contested during the Public Hearing are
discussed in detail at the next meeting
• The final parcels and amounts are due to the
County by August 12th
• Amount presented tonight is higher than the final
amount due to payments being received until June
30th
1260

TAX ROLL CATEGORIES

1. Agreements Entered Into at the
Property Owner’s Request

2. Special District Assessments

3. Delinquent Service Charges
1261

OWNER REQUESTED SERVICES
Owner Requested Services Total: $335,493
• Curb and Gutter: $1,127 – 1 parcel
• Sewer Connection: $49,497 – 54 parcels
• Deferred Impact Fees: $284,869 – 4 parcels
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SPECIAL ASSESSMENTS (1 OF 2)
Special Assessments Total: $6,705,988
• Property and Business Improvement District (PBID):
$447,795 – 278 parcels
• Northeast Improvement District: $156,386 – 3,234 parcels • Landscape and Lighting Districts: $5,992,681 – 19,790 parcels
• Landscape and Lighting Parks Construction: $23,675 –
256 parcels
1263
SPECIAL ASSESSMENTS (2 OF 2)
• Open Space Assessment District: $13,368 – 137 parcels • Orchard Walk East/West Utility District: $52,062 – 16 parcels
• Laura and Atwood Assessments: $20,021 – 18 parcels
1264

DELINQUENT SERVICE CHARGES
Delinquent Service Charges Total: $1,351,616
• Delinquent Utilities: $920,838 – 1,457 parcels
• Code Enforcement: $371,885 – 471 parcels
• Weed and Lot Abatement: $58,893 – 61
parcels
1265

TAX ROLL SUMMARY
Increase/ Increase/
(Decrease) (Decrease)
# of Parcels $ Amount # of Parcels $ Amount # of Parcels $ Amount Owner Requested Services
Curb & Gutter 1 1,127 1 1,127 - -
Sewer Connection 55 47,510 54 49,497 (1) 1,987
Deferred Impact Fees 7 341,974 4 284,869 (3) (57,105)
Subtotal 63 390,611 59 335,493 (4) (55,118)
Special District Assessments
Property and Business Improvement Dist 279 439,401 278 447,795 (1) 8,394 Northeast Improvement District 3,234 156,386 3,234 156,386 - - Landscape & Lighting Maintenance Dist 19,213 5,458,688 19,790 5,992,681 577 533,993 Landscape & Lighting Parks Construction 256 23,675 256 23,675 - - Open Space Assessment District 137 13,368 137 13,368 - - Orchard Walk East/West Utility Assess Dist 12 55,168 16 52,062 4 (3,106) Laura and Atwood Water Main Assess Dist 18 20,021 18 20,021 - - Subtotal 23,149 6,166,707 23,729 6,705,988 580 539,281
Delinquent Service Charges
Utilities 1,230 764,538 1,457 920,838 227 156,300
Code Enforcement 413 366,552 471 371,885 58 5,333
Weed & Lot Abatement 61 100,201 61 58,893 - (41,308)
Subtotal 1,704 1,231,291 1,989 1,351,616 285 120,325
Total 24,916 $ 7,788,609 25,777 $ 8,393,097 861 $ 604,488 Change from prior Year
FY 23/24 - Preliminary FY 24/25 - Preliminary
1266

ACTION REQUIRED TONIGHT
• Conduct Public Hearing to allow
individuals to protest any charges they
believe are being assessed improperly.
• Action Recommended - Approve all
tax roll items that were not protested
during the Public Hearing.
1267
Visalia City Council
Staff Report
Visalia City Council
303 E. Acequia
Visalia, CA 93291
File #: 24-0199 Agenda Date: 6/3/2024 Agenda #: 2.

Agenda Item Wording:

Ordinance Adoption - Public Hearing and first reading of Ordinance No. 2024-06, adding Chapter

3.14 (Cannabis Business Tax) to Title 3 of the Visalia Municipal Code to establish a tax on cannabis business activities within the city, and adopt Resolution 2024-24 to place a cannabis tax measure on the November 2024 general election ballot.

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:

Staff recommends that the City Council receive a presentation and staff report, hold a public hearing and introduce the first reading of Ordinance No. 2024-06, adding Chapter 3.14 (Cannabis Business Tax) to Title 3 of the Visalia Municipal Code to establish a tax on cannabis business activities within the city, and adopt Resolution 2024-24 to place a cannabis tax measure on the November 2024 general election ballot.

The Cannabis Business Tax will not take effect unless the tax measure is approved by the voters on November 5th, 2024.

Background Discussion:

Senate Bill (SB) 1186, the “Medicinal Cannabis Patients’ Right of Access Act” was signed into law in late 2022. This state law, which became effective on January 1, 2024, prohibits local agencies from enforcing any local regulations that prohibit the retail sale by delivery of medicinal cannabis. After this date, “delivery only” (i.e., delivery of medicinal cannabis) businesses will be permitted, subject to reasonable zoning regulations for public health and safety, within the City of Visalia. This means that warehouse-based businesses can legally operate in the City of Visalia as long as they sell medicinal cannabis via delivery only (i.e., no retail store front).

On July 17, 2023, Council authorized staff to initiate a zoning ordinance update to implement reasonable zoning regulations in response to SB 1186. On November 20, 2023, Council conducted the second reading and adoption of Ordinance No. 2023-13 for Zoning Text Amendment No. 2023- 02, a request by the City of Visalia to amend Visalia Municipal Code Chapter 17.25, add Section

17.32.167, amend Chapter 8.64, and add Chapter 5.66 in order to address upcoming state mandated changes as a result of the passage of SB 1186, and to establish objective standards for permitting delivery-only medical marijuana retail establishments within the City of Visalia. To date, staff is aware of only one such business type interested in Visalia, but there are many store-front retail cannabis operators interested in establishing a store front in Visalia.

Also on July 17, 2023, Council authorized staff to hire a consultant through sole source contract process to assist staff with the preparation of a potential local tax measure specifically for cannabis Visalia City Council Page 1 of 4 Printed on 5/31/2024
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process to assist staff with the preparation of a potential local tax measure specifically for cannabis sales for the 2024 general election and to identify potential revisions to cannabis regulations in Visalia so the City would be ready in the event additional state mandates prevent local agencies from restricting other types of cannabis businesses, or should the Council later decide to permit such businesses to operate in Visalia.

The local tax measure would not be proposing to legalize other types of cannabis sales, the tax would only authorize the City of Visalia to collect additional tax revenue from cannabis sales that state law has authorized to be conducted in Visalia or if the City Council, at a later date, decided to allow cannabis sales. Applicable local taxes can be charged under SB 1186, but no specific excise tax for cannabis currently exists within the city. At this time, should any applicable delivery only medicinal cannabis retailers open in the city, only the normal business license fees and general sales tax apply.

In November 2023, Council authorized the City Manager to award a contract to HdL Companies for an amount not to exceed $35,000, with a total budget of $40,000, and a contract to Fairbank, Maslin, Maullin, Metz & Associates (FM3 Research) for an amount not to exceed $39,500, with a total budget of $45,000. FM3 Research was tasked specifically with public opinion research to determine potential support and opposition to a local tax measure.

FM3 Research presented their survey findings (analysis attached) to the City Council on May 6th and identified, among other things, that the majority of Visalia residents support allowing cannabis businesses to operate in Visalia and support the passage of a local tax measure on cannabis businesses. Council then authorized staff to continue working with HdL on the preparation of the tax measure materials and to appropriate $20,000 from the general fund for the development of informational materials for the potential tax measure.

HdL Companies is tasked specifically with development of the cannabis tax measure, including drafting of the ordinance, preparation of the ballot resolution, revenue estimates, and assistance with the ballot statement. They will also assist with drafting the regulatory framework should the state mandate local agencies to allow other types of cannabis businesses or the council later decide to allow such businesses. HdL Companies conducted their initial presentation to Council on May 20th to gather input to prepare the draft business tax ordinance presented here tonight.

Major elements of the cannabis business tax ordinance include:
- The Cannabis Business Tax is a general tax enacted solely for general, governmental purposes of the city and not for specific purposes. All of the proceeds from the tax imposed shall be placed in the city's general fund and be available for any lawful city purpose. - The maximum tax rate is up to ten percent (10%) of gross receipts. o The actual tax rate can be set lower by Council at a later date and vary by industry segment:
§ Retail
§ Wholesale (cultivation, manufacturing, distribution)
· There is an option for a tax rate per square footage for cultivation businesses should the Council later decide to allow, or the state mandate that the city allow cultivation businesses.
§ Testing
- The tax will apply to retailers both in and outside the city (delivery into the city).

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- Tax payments are to be remitted monthly.
- Audits will be allowed by the city or third-party designee. - Personal cultivation for personal consumption is not subject to the tax.

Staff is requesting that the City Council conduct the first reading of Ordinance No. 2024-06, adding Chapter 3.14 (Cannabis Business Tax) to Title 3 of the Visalia Municipal Code establishing a tax on cannabis business activities within the city. In addition, staff requests that Council adopt Resolution 2024-24 to place a cannabis tax measure on the November 2024 general election ballot. The proposed tax will not have any effect unless the tax measure is approved by the voters on November 5th. The proposed ballot language is:
“Shall the measure to fund general governmental services such as public safety, emergency response, youth programs, addressing homelessness and maintaining public spaces, by taxing cannabis businesses at a rate not exceeding 10% of gross receipts, or up to $10/square foot for cultivation, raising approximately $500,000 annually, requiring spending disclosures, and which would only be levied if state law mandates or the Council approves an ordinance allowing such businesses, lasting until ended by voters, be adopted?” Fiscal Impact:

None at this time. However, if a local cannabis business tax measure is approved by the voters in November and the state mandates that the city allow other cannabis business types beyond medicinal delivery only/non-storefront retail, or the Council later decides to allow other cannabis business types to operate in the city, initial revenue estimates for retail sales range from $500,000 to $1 million annually (depending on tax rate) plus approx. $200,000 in additional sales tax annually.

These amounts are based on estimated potential cannabis retail sales of $12 million annually.

Prior Council Action:
· On May 20, 2024, Council authorized staff to present an ordinance to include a local cannabis tax measure for voter consideration on the Tulare County November 2024 General Election ballot.
· On May 6, 2024, FM3 Research presented their survey findings to the City Council and identified, among other things, that the majority of Visalia residents support allowing cannabis businesses to operate in Visalia and support the passage of a local tax measure on cannabis businesses. Council authorized staff to continue working with HdL to develop a local cannabis tax measure and ballot language to be included on the November 2024 ballot and appropriated $20,000 from the general fund for the development of tax measure informational materials.
· On November 20, 2023, Council conducted the second reading and adoption of Ordinance No. 2023-13 for Zoning Text Amendment No. 2023-02, a request by the City of Visalia to amend Visalia Municipal Code Chapter 17.25, add Section 17.32.167, amend Chapter 8.64, and add Chapter 5.66 in order to address upcoming state mandated changes as a result of the passage of SB 1186, and to establish objective standards for permitting delivery only medical marijuana retail establishments within the City of Visalia. · On November 11, 2023, Council authorized the City Manager to award a contract to HdL Companies for an amount not to exceed $35,000, with a total budget of $40,000. · On November 6, 2023, the City Council authorized the City Manager to award a contract to Visalia City Council Page 3 of 4 Printed on 5/31/2024
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File #: 24-0199 Agenda Date: 6/3/2024 Agenda #: 2.

FM3 Research for an amount not to exceed $39,500, with a total budget of $45,000. · On July 17, 2023, Council directed staff to initiate a zoning ordinance update to implement reasonable zoning regulations in response to SB 1186 and hire a consultant, via a sole source contract, to assist staff with the preparation of a potential tax measure specifically for cannabis sales for the 2024 general election and to identify potential revisions to cannabis regulations in Visalia.

Other: N/A
Alternatives: Per Council direction.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance No. 2024-06, adding Chapter 3.14 (Cannabis Business Tax) to Title 3 of the Visalia Municipal Code establishing a tax on cannabis business activities within the City of Visalia and adopt Resolution 2024-24 to place a cannabis tax measure on the November 2024 general election ballot.

Environmental Assessment Status:

Exempt from California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA”) and 14 Cal. Code Re. Sections 15000 et seq. (“CEQA Guidelines”).

CEQA Review:

This item is exempt from the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA”) and 14 Cal. Code Re. Sections 15000 et seq. (“CEQA Guidelines”). The calling and noticing of an election for the submission of a ballot measure to voters is not a project within the meaning of CEQA Guidelines 15378. The tax submitted to the voters is a general tax that can be used for any governmental purpose; it is not a commitment to any particular action or actions.

As such, under CEQA Guidelines Section 15378 (b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue generated by the tax were used for a purpose that would have such an effect, the City of Visalia would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guideline Section 15060 CEQA analysis is not required.

Attachments: Ordinance No. 2024-06 - Cannabis Business Tax, Resolution 2024-24, Visalia Cannabis Survey Analysis
Visalia City Council Page 4 of 4 Printed on 5/31/2024
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Visalia Voter Attitudes Toward
a Proposed Cannabis Measure
Key Findings of a Citywide Survey Conducted March 12-18, 2024 220-7065
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2 Dates March 12-18, 2024
Survey Type Dual-mode Voter Survey
Research Population Likely November 2024 Voters in Visalia Total Interviews 688
Margin of Sampling Error (Full Sample) ±4.4% at the 95% Confidence Level (Half Sample) ±5.7% at the 95% Confidence Level
Contact Methods
Data Collection Modes
Survey Tracking 2015 and 2016
Languages English and Spanish
(Note: Not All Results Will Sum to 100% Due to Rounding) Text
Invitations
Telephone
Calls
Email
Invitations
Telephone
Interviews
Online
Interviews
Survey Methodology
1273
3 Issue Context
1274
4 Q. Would you say that things in the City of Visalia are generally headed in the right direction or do you feel that things are off on the wrong track? A majority feel positively about the direction of
the city, but the mood has worsened since 2016.
50%
67%
65%
18%
18%
15%
32%
14%
20%
2024
2016
2015
Right Direction Don't Know/Refused/Mixed Wrong Track
1275
5 Q. In your personal opinion, do you think the City of Visalia has a great need for additional funding, some need, a little need, or no real need for additional funds to provide the level of City services that Visalia residents need and want? 43%
25%
31%
36%
9%
16%
10%
17%
7%
6%
2024
2015
Great Need Some Need A Little Need No Real Need Don't Know Great/
Some
Need
A Little/
No Real
Need
74% 19%
61% 32%
Nearly three quarters perceive a
need for funding for city services.
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6 Q.

Yes
29% No
35%
Don't Know/
Refused
36%
Most are unaware that it is currently
illegal to sell cannabis products in Visalia.

Now changing topic slightly. As far as you know,
is it legal to sell cannabis products in the City of Visalia? 1277
7 36%
35%
29%
26%
27%
28%
9%
7%
10%
26%
25%
29%
6%
Allowing businesses to sell
cannabis products
Allowing facilities to test
cannabis products
Allowing facilities to
manufacture cannabis products
Strng. Supp. Smwt. Supp. Smwt. Opp. Strng. Opp. Don't Know Total Supp.

Total
Opp.
62% 35%
62% 32%
57% 39%
A majority support allowing cannabis-related
businesses to operate in Visalia.

Q. I am now going to mention various cannabis related businesses. Please tell me if it sounds like something you would support or oppose in the City of Visalia. Any of these potential uses may also be subject to regulations the City can make such as location or hours of operation, and may include related fees.
(Ranked by Total Support)
1278
8 Introducing the Measure
1279
9 Ballot Language
Q. Based on this description, would you vote yes or no on this measure? Split Sample With Mandate No Mandate
Shall the measure to fund, for general
governmental uses, services such as:
maintaining emergency response times;
supporting youth programs; helping attract
businesses; cleaning public areas;
addressing homelessness; by taxing cannabis
businesses’ gross receipts not exceeding 10%
on retail, delivery, manufacturing/testing;
raising approximately $1,000,000 annually,
requiring spending disclosures, and which
would only be levied if state law imposes
mandates or the city approves an ordinance
allowing such businesses, lasting until ended
by voters, be adopted?
Shall the measure to fund, for general
governmental uses, services such as:
maintaining emergency response times;
neighborhood police patrols;
supporting youth programs; helping retain
and attract businesses; keeping public
areas safe and clean;
addressing homelessness; by taxing
cannabis businesses’ gross receipts not
exceeding 10% on retail, delivery,
manufacturing, and testing;
raising approximately $1,000,000 annually,
until ended by voters, requiring audits,
spending disclosures, and that cannabis
businesses follow public health and safety
requirements, be adopted?
1280
10 Q. Based on this description, would you vote yes or no on this measure? Split Sample Initial Vote
(With Mandate)
Initial Vote
(No Mandate)
42%
20%
4%
3%
6%
18%
7%
43%
19%
5%
2%
8%
20%
3%
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
Total
Yes
66%
Total
Yes
67%
62% 62%
Total
No
27%
Total
No
30%
Two-thirds support the proposed measure, both with
and without mention of a state or local mandate.
(Each Measure - M.O.E=±5.7%)
1281
11 63%
69% 69%
63%
69%
32%
25% 28%
35%
25%
5% 6% 4% 2% 6%
1 2 3 4 5
Total Yes Total No Undecided
Majority support cuts across the
City’s Council Districts.
(% of
Sample) (22%) (23%) (23%)
Initial Vote by City Council District
(17%)
Q Combined. Based on this description, would you vote yes or no on this measure? (15%)
1282
12 Those who perceive a need for funding are more
likely to vote “yes” than those who do not.

Q Combined. Based on this description, would you vote yes or no on this measure? 75%
68% 72%
48%
57%
20%
26% 23%
51%
33%
5% 6% 5% 1%
10%
Great
Need
Some
Need
Great/
Some Need
A Little/
No Real Need
Don't
Know
Total Yes Total No Undecided
(% of
Sample) (43%) (74%) (19%)
Initial Vote by Need for Funding
(31%) (7%)
1283
13 Priority Features
of the Measure
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14 69%
68%
61%
60%
54%
59%
50%
22%
23%
28%
29%
32%
25%
35%
6%
7%
8%
11%
11%
10%
12%
^Addressing homelessness
Maintaining emergency response times
Keeping public areas safe and clean
Preventing property crime
Cleaning up public areas
Increasing gang prevention programs
Maintaining city services
Ext. Impt. Very Impt. Smwt. Impt. Not Too Impt. Don't Know Ext./Very Impt.
92%
91%
89%
88%
87%
85%
85%
Q. The proposed ballot measure you considered earlier has not yet been finalized. Now I’m going to read you a list of services, infrastructure projects and provisions that could be included in this measure. Please tell me how important that service, infrastructure project or provision is to you personally:

Is it extremely important, very important, somewhat important, or not too important? ^Not Part of Split Sample Addressing homelessness, maintaining emergency response times and keeping public areas safe and clean are the
top funding priorities.
(Ranked by Extremely/Very Important)
1285
15 61%
61%
59%
60%
52%
51%
51%
23%
23%
25%
23%
30%
31%
30%
9%
10%
10%
8%
10%
15%
16%
5%
6%
5%
^Maintaining safe routes to school
Maintaining gang prevention programs
Improving emergency response times
Improving response to property crime
^Maintaining parks and recreation areas
^Fixing potholes and streets
Ext. Impt. Very Impt. Smwt. Impt. Not Too Impt. Don't Know Ext./Very Impt.
84%
84%
84%
83%
82%
82%
82%
Q. The proposed ballot measure you considered earlier has not yet been finalized. Now I’m going to read you a list of services, infrastructure projects and provisions that could be included in this measure. Please tell me how important that service, infrastructure project or provision is to you personally:

Is it extremely important, very important, somewhat important, or not too important? ^Not Part of Split Sample More than four in five say safe routes to
school and gang prevention are important.
^Requiring cannabis businesses
follow laws protecting public health,
safety and community standards
(Ranked by Extremely/Very Important)
1286
16 50%
48%
49%
46%
53%
49%
39%
31%
32%
30%
33%
25%
28%
37%
14%
13%
15%
16%
13%
17%
19%
6%
6%
6%
^Retaining and recruiting firefighters
Supporting youth programs
Cleaning-up illegal dumping
Addressing illegal dumping and blight
^Ensuring legal cannabis businesses
meet required safety regulations
Maintaining neighborhood
police patrols
Improving city services
Ext. Impt. Very Impt. Smwt. Impt. Not Too Impt. Don't Know Ext./Very Impt.
82%
80%
79%
79%
77%
77%
76%
Q. The proposed ballot measure you considered earlier has not yet been finalized. Now I’m going to read you a list of services, infrastructure projects and provisions that could be included in this measure. Please tell me how important that service, infrastructure project or provision is to you personally:

Is it extremely important, very important, somewhat important, or not too important? ^Not Part of Split Sample Voters also widely view retaining firefighters and
supporting youth programs as important.
(Ranked by Extremely/Very Important)
1287
17 45%
44%
41%
47%
37%
41%
33%
29%
32%
33%
26%
33%
24%
31%
14%
17%
19%
15%
23%
17%
24%
8%
7%
6%
11%
6%
15%
11%
^Maintaining school resource officers
Supporting afterschool programs
Helping retain and attract businesses
Improving neighborhood police patrols
^Improving senior programs
^Increasing the number of police officers
Helping attract businesses
Ext. Impt. Very Impt. Smwt. Impt. Not Too Impt. Don't Know Ext./Very Impt.
75%
75%
74%
73%
70%
66%
64%
Q. The proposed ballot measure you considered earlier has not yet been finalized. Now I’m going to read you a list of services, infrastructure projects and provisions that could be included in this measure. Please tell me how important that service, infrastructure project or provision is to you personally:

Is it extremely important, very important, somewhat important, or not too important? ^Not Part of Split Sample Helping attract businesses ranks lowest as a
relative priority, although a majority support it.
(Ranked by Extremely/Very Important)
1288
18 Impact of Information
1289
19 Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
42%
20%
4%
3%
6%
18%
7%
Total
Yes
66%
62%
Initial Vote Vote After
Education
51%
17%
7%
1%
4%
16%
5%
Total
Yes
74%
43%
17%
4%
3%
5%
20%
8%
Total
Yes
64%
68% 60%
Support for the measure with the mandate
language fluctuates with messaging, but remains
above 50% throughout the survey.

Q. Based on this description, would you vote yes or no on this measure? Split Sample Total
No
27%
Total
No
21%
Total
No
28%
Vote After
Negative Messages
(With Mandate; M.O.E=±5.7%)
1290
20 Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
43%
19%
5%
2%
8%
20%
3%
Total
Yes
67%
62%
Initial Vote Vote After
Education
43%
23%
5%
1%
5%
18%
5%
Total
Yes
71%
40%
20%
5%
2%
5%
22%
6%
Total
Yes
66%
66% 60%
Q. Based on this description, would you vote yes or no on this measure? Split Sample Total
No
30%
Total
No
24%
Total
No
28%
The version that does not mention the mandate
also remains well-above 50% after messaging.

Vote After
Negative Messages
(No Mandate; M.O.E=±5.7%)
1291
21 Vote progression With and Without Mandate
Q. Based on this description, would you vote yes or no on this measure? Split Sample Q. Based on this description, would you vote yes or no on this measure? Split Sample 66%
74%
64% 67% 71%
66%
27%
21%
28% 30%
24% 28%
7% 5% 8%
3% 5% 6%
Initial
Vote
Vote After
Education
Vote After
Negative
Messages
Initial
Vote
Vote After
Education
Vote After
Negative
Messages
Total Yes
Total No
Undecided
Mandate No Mandate
(M.O.E=±5.7%)
1292
22 Conclusions
1293
23 Conclusions
• The proposed measure to tax cannabis businesses in Visalia appears viable for November 2024.
• The measure receives broad and consistent support among the electorate, regardless of whether or not a state mandate is mentioned in the ballot language. • Although many are uncertain about whether it is legal or not to sell cannabis in Visalia, majorities support allowing cannabis business activity. • Additionally, nearly three-quarters perceive a need for funding for city services. • In that context, nearly two-thirds support the proposed simple majority measure initially.
• Voters place the greatest priority on addressing homelessness, maintaining emergency response times, keeping public areas safe and clean, and preventing property crime.
• Support fluctuates with messaging, but remains well-above the 50% threshold for passage throughout the survey.
1294
Visalia Voter Attitudes Toward
a Proposed Cannabis Measure
Key Findings of a Citywide Survey Conducted March 12-18, 2024 220-7065
1295
RESOLUTION NO. 2024-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA SUBMITTING TO

THE CITY VOTERS A BALLOT MEASURE TO ESTABLISH A BUSINESS TAX ON

BUSINESSES WHICH SELL, DISTRIBUTE, MANUFACTURE, CULTIVATE AND TEST CANNABIS; REQUESTING THAT THE TULARE COUNTY BOARD OF SUPERVISORS

AUTHORIZE THE COUNTY REGISTRAR OF VOTERS TO RENDER SPECIFIED

SERVICES TO THE CITY OF VISALIA RELATING TO THE CONDUCT OF THE

ELECTION, AND REQUESTING CONSOLIDATION OF THIS ELECTION WITH THE

GENERAL MUNICIPAL AND STATEWIDE CONSOLIDATED ELECTION TO BE HELD ON NOVEMBER 5, 2024.

WHEREAS, Sections 37101 and 37100.5 of the California Government Code authorize the City to levy a license tax, for revenue purposes, upon business transacted in the City; and WHEREAS, as a result of recent changes to state law, such as SB 1186, which became effective January 1, 2024 prohibiting local agencies from forbidding non storefront medical marijuana businesses, and new state regulations being implemented, there is a concern that the City may be mandated by the State or the courts to allow cannabis businesses to open in the City; and
WHEREAS, alternately, the City Council could at some point in the future choose to enact a regulatory ordinance to allow cannabis businesses in the City; and WHEREAS, if cannabis businesses are authorized, they are likely to create demands upon City services, and the City’s current tax system does not currently impose any taxes on cultivation, manufacturing, distribution, testing lab and retail cannabis businesses, aside from generally applicable municipal taxes; and
WHEREAS, the City Council desires to adopt a tax ordinance in order to impose the tax upon cannabis businesses, to be known as the “Cannabis Business Tax”; and WHEREAS, proceeds of the Cannabis Business Tax will be used to offset demands on City service and to augment the City’s General Fund; and WHEREAS, the Cannabis Business Tax cannot be imposed without majority voter approval; and
WHEREAS, the City Council desires to submit a Cannabis Business Tax measure to the voters of the City at a General Municipal Election to be held on Tuesday, November 5, 2024, and to be consolidated with the general municipal election and the statewide election to be held on that date.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VISALIA RESOLVES AS FOLLOWS:
1296
Section 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct.

Section 2. Proposal. The City Council hereby proposes that the voters adopt an ordinance (hereafter also referenced as “measure”) establishing a Cannabis Business Tax. The proposed ordinance submitted to the voters is entitled “AN ORDINANCE OF THE CITY OF VISALIA, CALIFORNIA ADDING CHAPTER 3.14 (CANNABIS BUSINESS TAX) TO TITLE 3 OF THE

VISALIA MUNICIPAL CODE ESTABLISHING A TAX ON CANNABIS BUSINESS ACTIVITIES WITHIN THE CITY.” The full text of the ordinance is attached to this Resolution as Exhibit “A” and incorporated by reference. The full text of the proposed ordinance is not required to be printed in the Sample Ballot and Voters Pamphlet. However, the full text shall be made available to the public and to any voter at the County Registrar of Voters Office and the Visalia City Clerk.

Section 3. Election. The City Council hereby calls for a General Election for Tuesday November 5, 2024 (the “Election”) and orders, pursuant to Section 9222 of the Elections Code, that the Cannabis Business Tax Ordinance be submitted to the voters at that election.

Section 4. Ballot Question. The question submitted by Section 4 of this Resolution shall appear on the ballot as follows:

Shall the measure to fund general governmental services such as public safety, emergency response, youth programs, addressing homelessness and maintaining public spaces, by taxing cannabis businesses at a rate not exceeding 10% of gross receipts, or up to $10/square foot for cultivation, raising approximately $500,000 annually, requiring spending disclosures, and which would only be levied if state law mandates or the Council approves an ordinance allowing such businesses, lasting until ended by voters, be adopted? YES
NO
Section 5. Publication of Measure. The City Clerk is directed to publish a synopsis of the measure at least one time, not later than one week before the election in accordance with Section 12111 of the Elections Code.

Section 6. Approval. Under Article XIII C of the Constitution, the vote requirement for this measure to pass shall be a majority of those casting ballots on the measure (50% plus 1).

Section 7. Consolidation. Pursuant Section 10400 et seq. of the Elections Code, the Board of Supervisors of Tulare County is requested to consolidate the Election with the General Municipal Election and Statewide Election to be held on November 5, 2024.

Section 8. California Environmental Quality Act. The City Council hereby finds and determines that this resolution is exempt from the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA”) and 14 Cal. Code Re. Sections 15000 et seq. (“CEQA Guidelines”). The calling and noticing of an election for the submission of a ballot 1297
measure to voters is not a project within the meaning of CEQA Guidelines 15378. The tax submitted to the voters is a general tax that can be used for any governmental purpose; it is not a commitment to any particular action or actions.

As such, under CEQA Guidelines Section 15378 (b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue generated by the tax were used for a purpose that would have such an effect, the City of Visalia would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guideline Section 15060 CEQA analysis is not required.

Section 9. Canvass. The Board of Supervisors is authorized to canvass the returns of the Election pursuant to Section 10411 of the Elections Code.

Section 10. Conduct of Election. Pursuant to Section 10002 of the Elections Code, the Board of Supervisors is requested to permit the County Registrar of Voters to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the City agrees to reimburse the County, in accordance with current County pro-rations and allocation procedures.

Section 11. Filing with County. The City Clerk shall file a certified copy of this Resolution with the County Registrar of Voters Office.

Section 12. Analysis and Argument. The City Attorney shall prepare an impartial analysis of the measure. Any person or persons may file an argument either for or against the ballot measure. An argument for or against the measure shall not exceed 300 words in length. If more than one argument is submitted for the measure, or more than one argument against the measure, the City Clerk shall select the argument to be included with the ballot materials.

Rebuttal arguments shall be permitted pursuant to applicable law.

Section 13. Implementation. The City Clerk and City Manager are authorized to take all actions as necessary to effectuate the purposes of this resolution and the election. The City Clerk and City Attorney are authorized to make any typographical, clerical, and non-substantive corrections to this resolution as may be deemed necessary by the Tulare County Registrar of Voters.

Section 14. Effective Date. This Resolution shall be effective immediately upon adoption.

This Resolution was approved by the City Council of the City of Visalia on __________________.

ATTEST: Brian Poochigian, Mayor
1298
Leslie Caviglia, City Clerk
1299

EXHIBIT A
1300
Cannabis Business Tax Ordinance