RFB-24-25-47 Annual Contract for Abatement Disking Services FINAL

CITY OF VISALIA, CA

REQUEST FOR BIDS
RFB No. 24-25-47

ANNUAL CONTRACT FOR ABATEMENT SERVICES

OF UNDEVELOPED PROPERTIES

Mandatory Pre-Bid Meeting Dates:

Tuesday, March 4, 2025 at 8:30 a.m.

Thursday, March 6, 2025 at 8:30 a.m.

Attendance at one (1) of the above pre-bid meetings is required to submit a Bid in response to this RFB

BIDS DUE NO LATER THAN 11:00 A.M. ON TUESDAY, MARCH 18, 2025

The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein.

The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No bindi ng commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

PUBLIC WORKS CONTRACT: This is a Public Works Maintenance Contract and therefore, it is subject to registration with the Department of Industrial Relations, payment of prevailing wages, submission of certified payroll records to the Labor Commissioner and other requirements listed in the City of Visalia Labor Compliance Manual (attached). All bidders and all listed subcontractors must be currently registered with the California Department of Industrial Relations (DIR).

Ad dates: 2/26/25 & 3/4/25
ii

TABLE OF CONTENTS

I. DEFINITIONS .......................................................................................................................... 3

II. INTRODUCTION ..................................................................................................................... 3

III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS ....................................... 4

IV. INSTRUCTIONS ...................................................................................................................... 7

V. SCOPE OF SERVICES/PROJECT ......................................................................................... 7

VI. PRE-BID AND PRECONSTRUCTION MEETINGS................................................................ 9

VII. BID OPENING AND CONFIDENTIALITY ............................................................................. 10

VIII. AWARD .................................................................................................................................. 10

IX. PROTESTS/APPEALS .......................................................................................................... 10

X. SPECIAL CONDITIONS ........................................................................................................ 11

XI. GENERAL CONDITIONS ...................................................................................................... 12

XII. POST AWARD RESPONSIBILITIES .................................................................................... 14

EXHIBITS

A. BID FORM

B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND QUESTION NAIRES

WHICH MUST ACCOMPANY BID FORM
B-1. Bidder’s Statement on Previous Contracts Subject to EEO Clauses B-2. Equal Employment Opportunity Compliance Certificate B-3. Certificate of Non-segregated Facilities
B-4. Non-Collusion Affidavit
B-5. Worker’s Compensation Insurance Certificate
B-6. Anti-Kickback Compliance Certificate
B-7. Americans with Disabilities Act Compliance Certificate B-8. Ownership Disclosure
B-9. Drug-Free Workplace
B-10. Iran Contracting Act Certification

C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS

D. ADDITIONAL ATTACHMENTS (ATTACHED SEPARATELY)
D-1a. STATE OF CALIFORNIA PREVAILING WAGE RATES – Landscape Maintenance Laborer D-1b. STATE OF CALIFORNIA PREVAILING WAGE RATES – Tree Maintenance Laborer D-2. CITY OF VISALIA LABOR COMPLIANCE MANUAL
D-3. LANDFILL INFORMATION
D-4. PROPERTY ABATEMENT DETAIL INFORMATION

1 I. DEFINITIONS

For the purposes of RFB NO. 24-25-47, 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 Bid.

5. “RFB” means Request for Bid No. 24-25-47.

II. INTRODUCTION

The City of Visalia Purchasing Division is soliciting Bids for an annual contract for property abatement services of undeveloped properties as assigned by the City of Visalia Fire Department. The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.

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

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 C-27 Landscape Contractor’s License . See Section III for additional Department of Industrial Relations Requirements which applies to this project.

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 State prevailing wages as specified in the specifications. See Section III for additional Department of Industrial Relations Requirements which applies to this project.

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.

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.

2 III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements

Notice is hereby given that this contract is considered a public works contract and therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR). Awarded Contractor is required to 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 by unregistered contractors submitted may 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.

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:

3 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.

❑ 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.

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

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

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

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.

Ten ( 10) days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:

http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp

IV. INSTRUCTIONS

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

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

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

TO: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291

FROM: Bidder Name & Mailing Address

RE: RFB 24-25-47
Annual Contract for Abatement Services of Undeveloped Properties

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

5. Inquiries: Questions regarding clarifications in this RFB document or the must be directed to the Purchasing Division (559) 713 -4334. However , to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].

All questions regarding this project are due by Tuesday, March 11, 2025.

6 V. SCOPE OF SERVICES/PROJECT

This contract is to provide property cleanup services for undeveloped properties as assigned by the City of Visalia Fire Department. All weeds, vegetation overgrowth, junk and trash must be removed from a designated property and may include the use of tractors and necessary implements, disking equipment, hand tools, large & small mowers, weed eaters, rakes, shovels or similar equipment. An illustration of a typical abatement utilizing our standards is shown below. Please see Attachment D -4 for additional information and Scope of Services detail.

1. WORK SCHEDULE
The property maintenance program is a year -round program with the summer months being the peak workload period. Schedule of work to be performed shall be arranged with the Fire Chief and/or his representative.

Property maintenance for the City of Visalia shall be “priority work” for the successful contractor.

Contractor must have sufficient equipment and employees to complete the high workload during the peak period. Should the awarded contractor not be able to complete assignments within ten (10) calendar days from the date the work order is issued, the City reserves the right to make other arrangements for completion as the Fire Chief deems necessary to prevent fire hazard and/or abate public nuisances.

2. WORK ORDERS
The Visalia Fire Department shall prepare a nd email a work order to contractor for each parcel to be abated and shall determine what work shall be done on each lot (see attachment D -4 for sample work order). No job shall be completed without a work order. Contractor will not be paid for work not authorized by the City’s work order. Contractor shall complete abatement of lot within ten (10) days of issuance and documentations and photos shall be returned via email to Project Manager within five (5) days of completion. If Contractor has questions about the work to be accomplished, it is the responsibility of the Contractor to clarify all work with the Fire Department. Work orders and area maps are sent to the Contractor utilizing the City’s “Share” email service. This allows large files to be sent and received.

3. MOWING/SHREDDING/FIREBREAK OPERATIONS
Weeds, brush, grass , or other ground overgrowth shall be mowed or shredded to within three inches (3") of the finished soil surface and provided with a firebreak as outlined below. A firebreak is a gap of 7 bare dirt between vegetation and property lines that acts as a barrier to stop or slow the progress of fire.

Bid amount shall include all aforementioned costs only and shall reflect time spent solely on site.

• Lots less than .5 acres: Provide a minimum of five -foot (5’) firebreaks along entire perimeter of the property.
• Lots 0.5 acres or more: Provide a minimum of ten -foot (10’) firebreaks along entire perimeter of the property.

Mowing and shredding work must follow a strict order of operations to reduce the risk of fire. Firebreaks MUST be completed before any other operations are done on the site.

4. HANDWORK OPERATIONS
Bushes, hedges, vines , and similar landscaping shall be trimmed of overgrowth. Clearing of street gutters is required if there is a large presence of weeds, dirt and/or debris therein. All debris generated from handwork shall be hauled out of the property and loaded into contractor’s truck, trailer or roll off dumpster provided specifically for project. Bid amount shall include all aforementioned costs only and shall reflect time spent solely on site.

5. JUNK AND TRASH REMOVAL
Any junk and trash discovered at a property where a work order has been issued shall be hauled out of the property and loaded into contractor’s truck, trailer or roll off dumpster provided specifically for project. Junk and trash may include appliances, furniture, e -waste, mattresses, and/or tires. Detailed photos shall be provided of all junk and trash removed from any property. Bid amount shall include all aforementioned costs only and shall reflect time spent solely on site.

Occasionally a Contractor will be required to clear a homeless encampment. Items that can be construed as private property shall not be removed without prior approval of the Visalia Fire Department. This would include items that may be property of homeless persons. Typically, such items will be identified prior to abatement, or a Fire Inspector will be onsite to help determine what is junk or trash.

6. TREE TRIMMING
Any trees with the branches or limbs extending down lower than 5 feet from the ground shall be “skirted” up to this height. Palm trees shall be trimmed of all dead, dry fronds. Occasionally tree removal of dead trees may be required but shall only be done with explicit instructions on the work order and only when a quote has been requested and approved. All debris generated from tree trimmings shall be hauled out of the property and loaded into contractor’s truck , trailer or roll off dumpster provided specifically for project . Bid amount shall include all aforementioned costs only and shall reflect time spent solely on site.

7. DISPOSAL OPERATIONS
All debris, junk and/or trash that is generated or located at the property from a work site shall be disposed of properly at an appropriate facility. Photos of the filled work truck or trailer must be taken prior to departing the work order location. Bid amount shall include employee(s) time, transportation, equipment and labor to dispose of the items at the disposal site. Any time spent for disposal operations shall not be entered as per hour charges under any other bid table line item.

Dump fees shall be reimbursed based on actual cost detailed on receipt turned in with the work order.

8. RESPONSE TIME
Work must be promptly completed in order to accomplish safety goals. Work must be completed within ten (10) calendar days of the work order share link being sent. The Contractor must submit the completed work order and all supporting documentation (invoice, receipts, before and after photos, etc.) within five (5) calendar days after the work is completed. The work order and documentation must be sent via the same Share weblink the work order was issued with.

9. PHOTOGRAPHS
8 Proper photographic documentation is required to substantiate billing of the cleanup costs to the property owner. Detailed and high quality "before" and "after" photographs taken by the Contractor at the start and end of each working day at the job site are mandatory. Photos must be taken in digital format with a minimum resolution of 2240x1680 pixels. Photos must either have a visible date and time stamp on the image or a photo taken of a digital device screen prior to taking any pictures.

Contractor must submit "before" and "after" photographs of each job with the completed work order utilizing the City’s Share email service. In no instance will a work order be approved for payment if "before" and "after" photographs are not submitted or are of low quality.

10. INSPECTION
The Visalia Fire Department shall review work completed by the contractor upon receipt of the work order. Should the Visalia Fire Department determine that the work done is not acceptable, payment will be withheld until work has been done to the Department's satisfaction. The decision of the Visalia Fire Department shall be final.

11. SAFETY
All labor performed and materials and equipment used in implementation of this contract shall be in full compliance with safety orders and regulations of the Division of Industrial Safety of the State of California, the Williams-Steiger Federal Occupational Health and Safety Act, and CAL-OSHA.

At all times w hile performing work, contractor must have immediate access to the following equipment necessary to extinguish grass fires caused as a result of contractor's weed abatement work: one (1), 3A/40BC fire extinguisher or one (1) 2 -1/2-gallon pressurized water extinguisher (or equivalent) , and one (1) shovel.

12. METHOD OF PAYMENT
The contractor shall return the completed work order certifying that the job has been completed and the Visalia Fire Department shall review the work. If any work is less than one hour, it shall be rounded up to the nearest half -hour. Once approved, payment in full will be made within thirty (30) working days.

Payment for dumping fees shall be verified by individual receipts per work order from the appropriate waste facility. Receipts must have the appropriate case number noted for each work order.

Photographs and receipts shall be provided for verification.

It is understood by both the Contractor and the City of Visalia that property conditions, obstructions, grass height and soil types shall vary from site to site. Contractor shall not be paid according to parcel conditions, but rather, payment shall be based on the unit prices quoted on the Bid Form.

13. COMMUNICATION
Contractor must maintain a cellular phone so that contractor can be contacted from 8:00 a.m. through 5:00 p.m., Monday through Friday. Contractor is responsible for the costs associated with the communication device.

14. USE OF CITY PERSONNEL AND EQUIPMENT
City of Visalia shall not furnish personnel to assist the contractor in performance of the contract. The contractor understands that any offers of assistance by City Personnel are unauthorized , and the contractor shall not accept such offers.

City of Visalia shall not furnish any equipment to assist the contractor in performance of the contract.

Contractor understands that any offers by City of Visalia Personnel to use City equipment for loading, processing and disposal of the property are unauthorized and the contractor shall not accept such offers.

Contractor shall be billed for City personnel labor, equipment , and materials whenever City forces are called upon to repair damage caused by the contractor in the performance of work associated with this contract.

9 15. MATERIALS
Contractor shall furnish and use, at his own expense, all materials, labor, tools, equipment , and transportation necessary to carry out this contract.

All vehicles utilized to carry out contracted work for the City shall be in compliance with the State of California.

16. HAZARDOUS WASTE
Contractor shall notify the project manager immediately if any hazardous materials are found on site.

17. DUST ABATEMENT
All abatements on lots that are .5 acres or larger shall comply with RULE 8051 set forth by San Joaquin Valley Air Pollution Control District. This rule applies to any lot within urban areas that weed removal leaves less than three inches (3’’) of stubble immediately after such abetment. The contractor shall furnish all labor, equipment, and means required, and shall carry out effective measures wherever and as often as necessary, to prevent this operation from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals or causing a nuisance to persons living or occupying buildings in the vicinity. The contractor shall be responsible for any damage resulting from any dust originating from his operations. The dust abatement measures shall be continued until the contractor is relieved of further responsibility by the project manager. No separate payment will be allowed for dust abatement measures and all costs thereof shall be included in the various prices named in the bid sheet for completion of the work.

18. NOISE LEVELS
Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Chapter

8.36 Noise. The City of Visalia Municipal Code can be found at www.visalia.city

19. HAULING RESTRICTIONS
The contractor shall comply with all restrictions when hauling material. Load restrictions on roads are identical to the State of California Department of Motor Vehicle load restrictions. A permit will not relieve the contractor of the liability for damage or the possible citations that may result from improperly moving of equipment/materials.

VI. PRE-BID AND CONTRACT MEETINGS

1. Mandatory Pre-Bid Meetings. Mandatory pre-Bid meetings have been scheduled for this RFB.

Attendance at one (1) of these meetings is required in order to submit a bid in response to this RFB.

Meetings will be held in the City of Visalia Council Chambers, 707 W. Acequia Avenue, Visalia, CA as follows:

Tuesday, March 4, 2025 at 8:30 a.m. and
Thursday, March 6, 2025 at 8:30 a.m.

Meetings will be held in the City of Visalia Council Chambers, 707 W. Acequia, Visalia, CA There will be time set aside at each meeting for interested Contractors to ask questions about the work and contract requirements. It shall be the responsibility of the Contractor to have acquired full knowledge of the scope of work and any problems or difficulties that may affect the work proposed.

2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise.

Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.

City Project Manager: Corbin Reed
Department: Fire Department

10 VII. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Tuesday, March 18, 2025 at 11:00 a.m. at 707 W . Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be read aloud and listed on a bid summary form which is open to public inspection at the Bid opening . Other Bid information will not be available for public review during the evaluation phase.

2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.

After the award, the City intends that its selection process will be open and public.

Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act. The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or F OIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VIII. AWARD

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

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

IX. PROTESTS/APPEALS

Because it is essential that Bidders have confidence in the procurement procedures for soli citing and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply with regard to appeals:

11 1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and

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

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

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

X. SPECIAL CONDITIONS

1. Project Administrative Issues

a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment , and services necessary to fulfill the requirements of this RFB.

b. Extra Work. Contractor is prohibited from doing extra work, unless work and price are authorized in writing by Project Manager before the work is done.

2. City-Contractor Relations

a. Project Manager’s Responsibility and Authority. City will designate a Project Manager.

All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project.

Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents, or employees.

b. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent.

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

12 XI. GENERAL CONDITIONS

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

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.

Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors , or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.

2. Post-Closing Date Corrections are prohibited.

3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

4. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.

5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.

6. Telegraphic, telephonic, electronic , and facsimile Bids and withdrawal requests will not be accepted.

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

8. All Bids are the property of the City after submission.

9. City is not responsible for Bid errors and omissions.

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

11. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Bidder is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.

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

13 13. Prior to conducting business in the City, a business tax certificate (license) must be obtained.

Call 559-713-4326 for more information.

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

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

16. Bidder shall withhold, pay, and report all taxes and issue W -2 forms at the end of each calendar year for employees used to implement the proposed contract.

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

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

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

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

21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are give n as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

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

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”). Contractor may be required to submit Bids on alternate items. The City reserves the right to award to the contract based on the lowest combination or combinations of Bid items and alternate Bid items.

24. No mention shall be made in the Bid of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.

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

Reasonable grounds for believing that any individual, firm, partnership, corporation , or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation , or combination thereof is interested. A C ontractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.

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

14 27. The annual contract resulting from this invitation to bid will be administered by the Fire Department. However, the City’s Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions , or scope of the contract.

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

29. All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Project Manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time -period will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI-U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period. In no instance shall the price increase exceed 5%. The contract unit price changes , as a result of this formula , shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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

If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice.

Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.

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

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

XII. POST AWARD RESPONSIBILITIES

1. Written Contract with City . A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to who m the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.

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

3. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined Exhibit “C” , Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.

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

16 Bidding Agency: _________________

EXHIBIT “A”

BID FORM
RFB NO. 24-25-47
Project: ANNUAL CONTRACT FOR ABATEMENT SERVICES OF UNDEVELOPED PROPERTIES

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 24-25-47 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

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

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that all prices bid include all appurtenant expenses, taxes, royalties, and fees. All bids will be checked for accuracy.

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

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

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

BIDDER understands that LOW BIDDER will be determined by the lowest TOTAL BID AMOUNT submitted by a Bidder who is deemed Responsive and Responsible and complies with the specifications.

The quantities given on the Bid Form and any related contract documents are estimates only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly , agree that the actual amount of work will correspond therewith and reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

BIDDER has read and hereby agrees to the conditions stated in this bid by affixing his/her signature on the Bid Form.

In the case of discrepancy in amounts bid, unit pricing shall prevail over extended amounts.

17 Bidder is instructed to complete bid form as follows:

1. Clearly indicate unit price in COLUMN A

2. Calculate Extended Pricing in COLUMN C (multiply column A x column B = Column C

3. Total Column C where indicated (TOTAL BID AMOUNT)
Item

Description of Services per specifications of RFB-22-23-42 A

Mowing/Shredding/Firebre
ak Operations

COLUMN A
Unit Price

COLUMN B
Estimated
Acreage

COLUMN C
Extended Price
(A x B)
A1. Less than 1 Acre

$____________ per .25 acre

X .75 acre
= $_____________
A2. 1 Acre – 5 Acres

$____________ per acre

X 5 acres
= $_____________
A3. Over 5 Acres

$____________ per acre

X 30 acres
= $_____________
Unit Price Estimated
Quantity

B Handwork Operations

$____________per hour,
per person*

X 17 hours

= $_____________
C
Junk & Trash Removal @
Property
$____________ per ton**

X 3 tons

= $_____________
D Tree Trimming
D1. Skirting Trees
$___________ per hour, per
person*

X 5 hours

= $_____________
D2. Tree Removal n/a AS QUOTED
at time of request
D3. Palm Tree trimming
$___________ per hour, per
person*

X 5 hours

= $_____________
E
Disposal of Weeds,
Debris, Junk or Trash
E1.

Labor, time, equipment for
dumping $___________ per ton**
X 3 tons
= $_____________
E2. Dump Fees n/a ACTUAL COST

TOTAL BID AMOUNT
(Items A-E)

$_____________

* Work shall be rounded-up to the nearest ½ hour.
** Weights shall be rounded-up to the nearest ½ ton.

(1) ____________________________________________________________________________ __________ Bidding Firm

(2) _____________________________________________________________________________ _________ Corporation, Partner, Joint Venture

(3) _____________________________________________________________________________ _________ Business Address City State Zip Code

________________________________________________________________________________ _________ Telephone Number Fax Number E-mail Address

(4) _______________________________________________________________________________ _______ Signature of Authorized Person (Date) Type or Print Authorized Person’s Name 18 Bidding Agency: _________________

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE

(1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.

(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”.

(3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed.

(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.

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

BIDDING CONTRACTOR’S LICENSE INFORMATION:

STATE CONTRACTOR’S LIC. CLASS: ________ # ______________________EXP. DATE: ______________ STATE D.I.R. REGISTRATION #______________________________________________________ FEDERAL TAX I.D. #______________________________________

CITY OF VISALIA BUSINESS TAX CERTIFICATE #__________________________________ A City Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a Business Tax Certificate prior to commencement of work within the City of Visalia . Please contact the Business Tax Division with questions at (559) 713-4326.

CONTRACTOR’S REFERENCES: The following are the names, addresses, and telephone numbers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past five (5) years.

REFERENCE 1

NAME OF AGENCY: __________________________________________________CONTACT PERSON: ____________________

AGENCY ADDRESS: _________________________________________________PHONE #: _______________________________

REFERENCE 2
19 NAME OF AGENCY: __________________________________________________CONTACT PERSON: ____________________

AGENCY ADDRESS: _________________________________________________PHONE #: _______________________________

REFERENCE 3

NAME OF AGENCY: __________________________________________________CONTACT PERSON: _____________________

AGENCY ADDRESS: _________________________________________________PHONE #: ________________________________

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

COMPANY NAME: _______________________________________________TYPE OF INSURANCE: _______________________

ADDRESS: _____________________________________________TELEPHONE#: _______________________________

COMPANY NAME: _______________________________________________TYPE OF INSURANCE: _______________________

ADDRESS: _____________________________________________TELEPHONE#: _______________________________

COMPANY NAME: _______________________________________________TYPE OF INSURANCE: _______________________

ADDRESS: _____________________________________________TELEPHONE#: _______________________________

Submit with Bid
20 EXHIBIT “B-1”

BIDDER’S STATEMENT ON PREVIOUS CONTRACTS

SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11426)

Note: THIS FORM IS TO BE COMPLETED BY BIDDER AND SUBMITTED WITH BID.

Within 24 hours after the bid opening, the three lowest bidders shall submit this form (completed and signed by each of their listed subcontractors). A scanned copy will be accepted; however, the original copies must be mailed or hand-delivered.

The BIDDER shall complete the following statement by checking the appropriate blanks:

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

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

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

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

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

21 Submit with Bid

EXHIBIT “B-2”

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

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin , or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin , or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

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

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

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

6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

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

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

22 Submit with Bid

EXHIBIT “B-3”

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

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

2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:

(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB -BIDDER will be subject to the Equal Opportunity clause;
(b) Retain such certifications in its files; and

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES

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

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

Company: ____________________________________________________________________________

Business Address: ____________________________________________________________________________

Signature: _______________________________________________ Date: ________________________________

Name of Signing Official (Print or Type): ___________________________________________________________

Title of Signing Official: __________________________________________ Company Seal:
23 Submit with Bid
EXHIBIT “B-4”

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

_________________________, being first duly sworn, deposes and says that he or she is _________ of __________ the party making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

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

Company Seal:

State of California
County of ________________________

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

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

Signature __________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 24 Submit with Bid
EXHIBIT “B-5”

WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

25 Submit with Bid
EXHIBIT “B-6”

CERTIFICATION OF ANTI-KICKBACK COMPLIANCE CERTIFICATE
(48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. § 8741; and 40 U.S.C. (c))

By submission of a Bid, the BIDDER certifies that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in that provision, relating to the award of the Contract. By commencing performance of the Contract work, the selected BIDDER certifies to Anti - Kickback Compliance.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

26 Submit with Bid
EXHIBIT “B-7”

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

27 Submit with Bid
EXHIBIT “B-8”

1. DISCLOSURE STATEMENTS
The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

OWNERSHIP DISCLOSURE

_________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company

_________________________________________________________________ Address
List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
__________________________________________________________________________________________________ ____________________________________________________________________________________________________ ___________________________________________________________________________________

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

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

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract?

YES:_____ NO:_____ If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Council Member(s) Name Date of Contribution(s)

______________________________ ________________________

Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating i n any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form . _________________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company

______________________________________________________________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual

28 Submit with Bid

EXHIBIT “B-9”

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.10-2019)

I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY (Authorized Signature)

DATE EXECUTED

PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)

( )
TITLE

CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

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

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

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

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

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, then the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.

29 Submit With Bid

EXHIBIT “B-10”

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)

As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

⃝ The Contractor is not:
(1) 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

(2) 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) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

⃝ The City has exempted the 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.

⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).

Signature:____________________________________ Printed Name:_______________________

Title:______________________________________ Agency Name:___________________________

Date:____________________

Note: In accordance with Public Contract Code 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 amount, termination of the Contract and/or eligibility to bid on contracts for three years.

30 EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)

ANNUAL CONTRACT FOR

PROPERTY ABATEMENT SERVICES OF UNDELVELOPED PROPERTIES
(City of Visalia Bid No. 24-25-47)

This Agreement, entered into and effective this ________ day of ________________, 20 25 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and

WHEREAS, CITY is a municipal corporation and Charter Law City; and

WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the Annual Project; and

WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

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

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 Bid 24-25-47, Annual Contract for Abatement Services of Undeveloped Properties
Attachment 4 CONTRACTOR’s bid in response to Bid No. 24-25-47

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 24-25-47.

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 31 5. COMPENSATION:

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

6. CONTRACT PRICE ADJUSTMENTS:

All prices shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement.

Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties. It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary to support this request. The request for price adjustment must be submitted to the Project Manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time-period will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S.

Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI -U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the contract anniversary date.

In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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

CONTRACTOR

Dated: ___________________ By: _____________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA

Dated: ____________________ By: ___________________________________________________ City Manager

Dated: ____________________ By: ___________________________________________________ City Attorney

Dated: ____________________ By: ___________________________________________________ City of Visalia Risk Manager

Dated: ____________________ By: ___________________________________________________ City of Visalia Project Manager
Total Compensation: Not to Exceed $______________annually, at Contractor’s stated bid prices.

Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for completed work 32 Exhibit “C”
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/Purchasing 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. Attorney’s Fees: In the event either party commences any action, arbitration , or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

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

K. Firearms Prohibited : Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or 33 an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

L. Executive Order N -6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. 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

34 Exhibit “C”
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. 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.
35 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.

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 Certi ficate(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
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division

Visalia City CouncilApril 7, 2025

Visalia City Council
April 7, 2025