CITY OF VISALIA, CA
REQUEST FOR PROPOSALS
RFP NO. 24-25-32
ANNUAL CONTRACT FOR
ANALYTICAL Laboratory SERVICES
DESCRIPTION: The City of Visalia is seeking proposals from qualified firms to perform analytical laboratory services for the Water Reclamation Facility.
PROPOSER CONFERENCE: On Thursday, October 23, 2025 a conference will be held at the City’s Water Reclamation Facility, located at 7579 Ave 288, Visalia, CA 93277, beginning 10:00 a.m. This is an opportunity to ask questions regarding the project and the Request for Proposal requirements.
SUBMITTAL DEADLINE: One (1) unbound original and four (4) copies, plus one (1) copy on a flash drive must be received no later than: 3:00 p.m. on Thursday, November 13, 2025.
SUBMITTAL INSTRUCTIONS:
Addressed to: Purchasing Division
707 W. Acequia Avenue, Visalia, CA 93291
From: Proposer’s Name & Mailing Address
Mark envelope: RFP No. 24-25-32, ANALYTICAL LAB SERVICES Delivery of Proposals: When sending the proposal via Fed Ex, UPS, etc., it is the responsibility of the Proposer to ensure that submittals are received during open office hours. Office Hours are 7:30am – 5:00pm Monday through Thursday. We are closed on Fridays and major holidays. Deliveries are not received when the office is closed.
The City utilizes an outside service for delivery and sorting incoming mail, and therefore, submitting proposals via U.S. Mail is not recommended as there could be a delay in receiving by the deadline. Proposals must be received prior to the deadline. The City will not accept a postmark as evidence of delivery.
Emailed submittals will not be accepted. Proposals received after the time and date stated above shall be returned unopened to the proposer.
INQUIRIES: Questions/clarification of this document should be addressed to the Purchasing Division (559) 713-4334. To prevent misinterpretation, the Purchasing Division prefers that all questions be sent in writing via email to [email protected]. Questions may be asked at any time prior to, but no later than Tuesday, October 28, 2025 at 4:00 P.M.
CITY OF VISALIA, CALIFORNIA
REQUEST FOR PROPOSALS
RFP 24-25-32
SEALED PROPOSALS will be received by the Purchasing Division located at 707 West Acequia, Visalia, CA 93291, until 3:00 p.m. Thursday, November 13, 2025 for:
Annual Contract for Analytical Laboratory Services
An informational proposal conference will be held on Thursday, October 23, 2025 at the City’s Water Reclamation Facility, located at 7579 Ave 288, Visalia, CA 93277 beginning at 10:00 a.m.
RFP and Contract documents may be obtained in the office of the Purchasing Division, 707 W. Acequia Ave., Visalia, California 93291, by calling (559) 713-4334, or emailing [email protected].
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 age, race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of a contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a 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.
The right is reserved by the City of Visalia to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.
Publication Dates: 10/10/2025 & 10/15/2025
TABLE OF CONTENTS
TITLE PAGE
Definitions 5
Introduction 5
Information 5
RFP/Agreement Schedule 6
Scope of Services 6
General Requirements 6
Analytical Result Reports 7
Required Detection Limits and Reporting Requirements 7
Annual and Seasonal Sampling and Analyses Events 8
Billing/Invoicing Requirements 10
Quality Assurance/Quality Control (QA/QC) 10
Analytical Methods Required 10
Sample Results Return Time 10
Certification Documentation Requirements 11
Courier Service Required 11
Geographical Location Requirements 11
Subcontracting Work-Limitations and Requirements 11
Onsite Contract Laboratory Technician 11
Laboratory Equipment 12
Chemicals, Reagents, Solutions, Consumable Materials, Calibration Standards 12 City Responsibilities 12
Proposal Content and Format Requirements 13
General Information 13
Proposal Project Approach 13
Staff Qualifications and Related Experience 14
Proposed Fee Structure and Schedules 14
Conflict of Interest 15
Consultant Selection Procedure 15
Criteria & Weight 15
Background Check 16
Award of Contract 16
General Conditions 16
Important Notice 16
Contracting Agency 16
Legal Responsibilities 16
Permits and Licenses 16
Insurance 17
Contract Requirements 18
Withdrawal of Proposals 18
Rejection of Proposals 19
Evaluation/Award of Contract 19
Proposal Pricing Guidelines 19
Assignment of Contract 20
Right to Require Performance 20
Ethics in Public Contracting 20
Equal Employment Opportunity 20
Venue 20
Proprietary Information 20
Incurring Costs 21
Firearms Prohibited 21
Executive Order N-6-22 – Russia Sanctions 21
Exhibits (Exhibits A-1 through A-7 must be submitted with Proposal) 22-35 A-1: Non Collusion Affidavit
A-2: Workers’ Compensation Insurance Certificate
A-3: Equal Employment Opportunity Compliance Certificate A-4: Americans with Disabilities Act Compliance Certificate A-5: Ownership Disclosure and Levine Act
A-6: Drug Free Workplace Certificate
A-7: Iran Contracting Act
A-8: Sample Annual Contract
Additional Attachments (Attached Separately)
Attachment A- City of Visalia’s WDR R5-2018-0046
Attachment B- Sample Report for Routine Analysis
Attachment C- Sample Report for Ground Water Monitoring Attachment D- Sample Report for Bio Solids Monitoring Report Attachment E- Proposal Fees Form
Attachment F- Standard Provisions and Reporting Requirements for Waste Discharge Requirements Attachment G- NPDES General Permit 2014-0057-DWQ
DEFINITIONS
For the purposes of RFP No. 24-25-32, the following terms shall have the meanings indicated:
“City” means the City of Visalia
“City Council” means the Council of the City of Visalia
3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Sub-recipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.
4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Proposal.
5. “RFP” means Request for Proposal No. 24-25-32
Detected But Not Quantified (DNQ)-Those sample results less than the Reporting Level.
Estimated Chemical Concentration-The confirmed detection of the substance by the analytical method below the Minimum Level (ML) Method Detection Limit (MDL)- The minimum concentration of a substance that can be measured and reported with 99% confidence that the analyte concentration is greater than zero, as defined in 40 CFR 136, Appendix B.
Minimum Level (ML)-The concentration at which the entire analytical system must give a recognizable signal and acceptable calibration point. The ML is concentration is greater than zero, as defined in 40 CFR 136, Appendix B.
Reporting Limit- The smallest concentration (or amount) of analyte, that can be reported by a laboratory is called reporting limit.
Not Detected (ND)-sample results which are less than the laboratory's MDL.
INTRODUCTION
Information
The City of Visalia is requesting proposals from qualified firms to provide analytical laboratory services on an as needed basis for the Water Reclamation Facility.
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.
This Request for Proposals is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this Request for Proposals should be directed to the Purchasing Division, at (559) 713-4334 or via email at [email protected] A proposal conference will be held on Thursday, October 23, 2025 at 10:00 a.m. at the City’s Water Reclamation Facility, located at 7579 Ave 288, Visalia, CA 93277. This is an opportunity for Proposers to ask questions about the services to be provided and the Request for Proposal requirements.
Any revisions to the Request for Proposals will be issued and distributed as addenda. Proposers are encouraged to submit any questions or items for clarification in writing to the above email address. Proposers are specifically directed not to contact any City personnel for meetings, conferences, or technical discussions related to this Request for Proposals. Failure to adhere to this policy may be grounds for rejection of proposals.
In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local vendor preference policy. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address. Five (5) points (Local Vendor Preference Points) will be given to any Proposer who has a business in Tulare County for the past six months.
RFP/Agreement Schedule
Event Date of Event
RFP Available to the public October 10, 2025
Informational Proposal Conference @ 10:00 a.m. October 23, 2025 Deadline for written questions October 28, 2025
RFP due at 3:00 pm at 707 W Acequia November 13, 2025
Short list established and vendors notified TBD
Interviews/Presentations with short-listed vendors (if required) TBD Award of Contract @ City Council Meeting .TBD
Contract Begins TBD
Italicized items and dates are at the City’s option. The City reserves the right to award contract solely on the basis of proposal content.
SCOPE OF SERVICES
General Requirements
The private contract analytical laboratory must have the capability to analyze wastewater, water, bio-solids and soil samples as listed in the Proposal Fees Form, Attachment E of this RFP document.
As most of the analyses performed will be for environmental regulatory purposes, the private contract analytical laboratory must be familiar with and have extensive experience in EPA approved methods of analyses of water, wastewater, biosolids, and any additional samples submitted for analyses.
The private contract laboratory must have the capability to provide all services and analyses listed in the Proposal Fees Form and Scope of Services.
The private contract laboratory must have the ability to accurately and effectively execute all activities as listed in the Proposal Fees Form and Scope of Services within the specified time frames.
Services and Analyses listed in the Proposal Fees Form is the best estimate of analyses performed and services required of the contract laboratory. These estimates are based upon prior experience and may not reflect the contract's actual request for analyses. The City reserves the right to request more or fewer analyses.
If an analysis is not listed in the Proposal Fees Form, the City may request the analysis to be performed in the future.
The City reserves and shall have the right to make such changes to the work as may be necessary to complete the work originally intended in an acceptable manner. The work in the contract may increase or decrease the contract quantities and/or total contract cost.
As per section H, paragraph 15 of the Waste Discharge Requirement (WDR) Order R5- 2018-0046, all technical reports and work plans required herein that involve planning, investigation, evaluation or design or other work requiring interpretation and proper application of engineering or geologic sciences, shall be prepared by or under the direction of persons registered to practice in California pursuant to Business and Professional Code 6735, 7835, and 7835. 1. As required by these laws, completed technical reports and work plans must bear the signature and seal of the registered professionals in a manner such that all work can be clearly attributed to the professional responsible for the work.
A Quality Assurance-Quality Control (QAQC) program must be instituted by the contract laboratory. A manual containing the steps followed in this program must be kept in the laboratory. The QAQC program must conform to EPA guidelines or procedures approved by Central Regional Water Quality Control Board (CRWQCB).
All records pertaining to sampling and analyses shall be maintained a minimum of three (3) years.
All analyses shall be accompanied by a Chain of Custody. The City of Visalia will provide a chain of custody for samples being performed on site and sent into the contract laboratory for analyses. If a sample is being sent to another location for specialty testing, it must be accompanied by the chain of custody.
The contract laboratory is to ensure that the sampling and analyses performed is in compliance with the City of Visalia WDR order number R5-2018-0046, see Attachment A.
The contract laboratory is to ensure that the sampling and analyses performed is in compliance with the Division of Drinking Water; permit number WQ2016-0068-R5-006. This permit can be provided upon request.
Analytical Result Reports
Analytical result reports shall contain, at a minimum, the items as listed below. The format should be similar to the example as shown in Attachment B.
Printed on corporate letterhead
Date sampled
Date received
Date prepared
Date analyzed
Date of Report
Sample Identification
Contract Laboratory Sample ID
Constituents and Analytical Results
Concentration units
Method Detection Limit (MDL)
Reporting Level (RL)
Methodology Reference
Name of Analyst
Name of reviewer
Signature of person authorizing report
Copy of completed chain of custody report
All quality assurance and quality control data
Matrix Spikes
Matrix Spikes and duplicates
Sample Spikes
Blanks
Replicates
Upper and Lower Confidence limits
Final reports may be delivered as the original hard copy or emailed. Technical or specialty reports will need to be in hard copy and pdf format.
Unless otherwise specified in the request, all metals shall be reported as total metals.
Required Detection Limits and Reporting Requirements
Sample results less than the reportable limit (RL), but greater than or equal to the contract laboratory's method detection limit (MDL), shall be reported as Detected, but Not Quantified (DNQ). For purposes of data collection, the contract laboratory shall write the estimated chemical concentration next to DNQ as well as the words "Estimated Concentration", (may be shortened to "Est Cone"). The contract laboratory may, if such information is available, include numerical estimates of the data quality for the reported result. Numerical estimates of data quality may be percent accuracy (+/- a percentage of the reported value), numerical ranges (low to high) or any other means considered appropriate by the laboratory. The reporting (RL) limit and method detection limit (MDL) must be displayed on all reports of analyses. Method detection limits development procedures must follow the procedures as specified in 40 CFR 136.
Sample results less than the contract laboratory's MDL shall be reported as "Not Detected", or ND. The MDL and RL must be the minimum level as identified in 40 CFR 136 and approved methods for each analyte.
Contract laboratory is to establish calibration standards so the reportable limit (RL) value (or its equivalent if there is differential treatment of samples relative to calibration standards) is the lowest calibration standard. At no time is analytical data to be derived from extrapolation beyond the lowest point of the calibration curve.
In addition to details as specified in WDR Order# R5-2018-0046, C.3, ATTACHMETN F STANDARD PROVISIONS, monitoring information shall include the Method Detection Limit (MDL) and Reporting Limit (RL) or Practical Quantitative Limit (PQL). If the regulatory limit for a given constituent is less than the RL (or PQL) then an analytical results for that constituent that are below the RL (PQL) but above the MDL shall be reported and flagged as estimated.
The contract laboratory must follow the guidelines as established in 40 CFR 136, in relation to using sufficiently sensitive test method for permit applications and reporting.
It is the responsibility of the contract laboratory to comply with regulatory requirements as identified in 40 CFR 136 in correlation with developing method detection limits and meeting the lower reporting limits for all analytes submitted for analyses.
Annual and Seasonal Sampling and Analyses Events
Groundwater Monitoring
The City's groundwater monitoring network consists of 18 monitoring wells. Sampling is to be done in April and October.
The work to be performed consists of semi-annual groundwater sampling, laboratory analysis and reporting, in accordance with the City of Visalia's Waste Discharge Requirements (Order No. R5-2018-0046, ATTACHMENT A) administrated by the Regional Water Quality Control Board.
As per the Monitoring and Reporting Program of WDR order R5-2018-0046, page four and five, Groundwater Monitoring Section, the following standard operating procedures (SOP's) are to be adhered to.
Depth to groundwater is to be measured at each well, prior to collecting samples. The units will be measured in feet below ground surface, to the nearest tenth of a foot.
The groundwater elevation shall be measured to the nearest tenth of a foot above mean sea level.
Each well shall be adequately purged to remove water that has been standing within the well screen and casing that may not be chemically representative of formation water.
Ground water monitoring well samples must be filtered. If field filtering is not feasible, samples shall be collected in unpreserved containers and submitted to the laboratory within 24 hours with a request (documented on the chain of custody form), to immediately filter, then preserve sample.
Sampling equipment is to be cleaned prior to purging and sampling each monitoring well.
Groundwater samples are to be transported to the contract laboratory under a chain of custody for analysis.
Reports are to be provided in hard copy format and pdf format. Reports are to include the following minimum requirements:
Groundwater Reports are to include at the minimum, and follow the formatting as the example, Attachment C.
Title Page
Table of Contents
Introduction
Geology Background
Description of Groundwater Monitoring Well Network
Summary of Field Activities
Summary of Groundwater Levels
Summary of Groundwater Quality
Conclusions and Recommendations
Signatures
As required by section H, Paragraph 15 of WDR order R5-2018-0046, this technical report must be signed and sealed by the registered professional.
Attachments to report shall include:
Copies of chains of custody
Field reports for monitoring well sampling
Standard Operating Procedures (SOPS) for sampling, equipment decontamination, and laboratory QA/QC.
All analytical results of groundwater monitoring for the current event.
For each monitoring well, a table showing constituent concentrations for at least two (2) previous years, through the current event.
A scaled groundwater contour map based on groundwater elevation for the current event. The map shall show the gradient and direction of the groundwater flow under and around the facility and or effluent deposit areas. The map shall include the locations of the monitoring wells and the wastewater water discharge areas.
Note that some wells may be dry at time of sampling.
Priority pollutants shall be analyzed according to methods as specified in 40 CFR 136. The MDL and RL calculation shall be performed according to procedures as identified in 40C CFR 136. The contract laboratory is responsible for ensuring that the regulatory requirements are met for the method detection and reporting limit requirements. Priority Pollutants are typically sampled annually, but may be increased if the need arises.
Industrial Seasonal Compliance Monitoring shall be analyzed according to methods as specified in 40 CFR 136. The MDL and RL calculation shall be performed according to procedures as identified in 40C CFR 136. The contract laboratory is responsible for ensuring that the regulatory requirements are met for the method detection and reporting limit requirements. The method detection limit and reporting limit is to always be printed next to the results.
Biosolids Sampling and Analyses
Biosolids are sampled six (6) times a year. The frequency of sampling is dependent upon the amount of biosolids produced. The number of sampling events may vary from year to year, or it could remain the same.
Monitoring and analyses shall be conducted using the methods in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846) and updates thereto as required in the title 40 CFR 503.8 (b) (4).
Biosolid Reports are to contain the below items at a minimum and are to have a similar format to the example in Attachment D.
Cover Letter
Project Summary
Summary of Field Methods and Observations
Summary of Laboratory Analytical Results
Summary of Limitations
Map of the facility and Biosolids storage location
Sample Location Map
Data Tables indicating the measurement and description of the sampling locations Data Table summarizing all of the sample sites results.
Attachment of the analytical results.
All analyses shall be made in accordance with the latest edition of: (1) Methods for Organic Chemical Analysis of Municipal and Industrial Wastewater (EPA 600 Series) and (2) Test Methods for Evaluating Solid Waste (SW 846-latest edition). The test method may be modified subject to application and approval of alternate test procedures under the Code of Federal Regulations (40 CFR 136).
Stormwater Monitoring
Stormwater samples during 4 Qualifying Storm Events (QSEs) shall be taken annually from 5 sites at the Corp Yard located at 335 N. Cain St.
Monitoring will be performed in accordance with the City’s NPDES General Permit (ATTACHMENT G 2014-0057-DWQ) Billing/Invoicing Requirements
Invoices will be submitted on a weekly basis in itemized detail, in one total invoice. The invoice will contain the following:
Date of Analysis/Analyses/Service
Quantity of Analyses/Hours/etc. Performed
Analysis/Description (Analysis and Chain of Custody Number)/Service Unit Cost
Extended Cost
Invoice Total
Quality Assurance/Quality Control (QA/QC)
The laboratory that is awarded the contract must provide a copy of their current Quality Control Manual to the City of Visalia as a condition of the contract. Submittal of Quality Control Manuals for all subcontract laboratories is also required.
QA/QC reports are to be provided with each result packet.
Analytical Methods Required
The analytical methods identified in Section 40, paragraph 136 of the Code of Federal Regulations (40 CFR 136) must be used for all wastewater sample analyses. The analytical method for each analysis and the time of analysis are to be reported on the same page as the analytical result. Quality control sample data must be included for all samples.
All other analyses shall be analyzed by appropriate EPA approved methodology.
Method or procedure blanks must be analyzed at a minimum of once for each set of samples submitted by the City of Visalia to determine that ambient contamination does not exceed Method Detection Limit (MDL). At a minimum, there must be at least one blank for every twenty (20) samples, regardless of the batch size.
Matrix spike and/or matrix spike duplicates shall be analyzed at least once with every set of samples submitted by the City of Visalia. The contract laboratory shall follow spiking guidelines as specified in each EPA or 40 CFR 136 approved methodology for the analyte(s) requested.
Holding times for each analyte will be observed.
As per monitoring and reporting program R5-2018-0046, all samples shall be representative of the volume and nature of the discharge or matrix sample. All analyses shall be performed in accordance with standard provisions and reporting requirements for Waste Discharge Regulations, March 1991 edition.
Analytical procedures shall comply with the methods and holding times specified in the following: Methods for Organic Chemical Analysis of Municipal and Industrial Wastewater (EPA), Test Methods for Evaluating Solid Waste (EPA), Methods for Chemical Analysis of Water and Wastes (EPA), Methods For Determination of Inorganic Substances in Environmental Samples (EPA), Standard Methods for the Examination of Water and Wastewater (APHA/AWWA/WEF), Soil, Plant, and Water Reference Methods for the Western Region (WREP), and Code of Federal regulations, 40 CFR 136. Approved editions shall be those that are in use by the US EPA or the California Department of Public Health Environmental Accreditation Program (ELAP). It is the responsibility of the contract laboratory to ensure all sampling and analyses methods and practices that are performed by the contract laboratory personnel are in compliance with all regulatory requirements.
Sample Results Return Time
Completed written reports of sample analyses must be received by the City of Visalia within 15 working days after the sample is delivered to the laboratory. If subcontract laboratories are utilized then the completed written reports of those sampled analyses must be received by the City of Visalia within 20 working days after the sample is delivered to the laboratory.
Unanticipated delays or problems with sample analyses shall be reported to the City of Visalia at the earliest possible opportunity.
Certification Documentation Requirements
Documentation of the State of California Environmental Laboratory Accreditation Program (ELAP) Certification is required in the form of a copy of the ELAP Permit for the private contract laboratory and each subcontracted laboratory. Specifically documentation of each accredited field of testing is required. National Environmental Laboratory Accreditation Conference (NELAC) certification is desirable.
As part of a Quality Assurance Program conducted by the US EPA and the State of California, all major permittees under NPDES and Waste Discharge Requirement (WDR) Permits, including the City of Visalia, must participate in performance evaluation studies. Contract laboratories must also participate in these studies. Any performance evaluation rating of not acceptable for the analyses of these samples by the contract laboratory may invalidate the remainder of the contract. It will also prohibit bids on future contracts until the matter is resolved to the satisfaction of all regulatory authorities.
The contract laboratory shall be certified to perform chemical, bacteriological, and bioassay analysis, or other such analyses by the State Department of Health Services.
Courier Service Required
To ensure that sample holding times are not exceeded, the awarded Contractor must provide for a daily courier service to transport samples from the Visalia Water Reclamation Facility at 7579 Ave 288, Visalia CA 93277 to the contract laboratory. The courier must arrive Monday through Friday no earlier than 11:00 am and no later than 2:00 p.m., and on Saturday and Sunday no later than 11:00 am. The resampling of samples due to holding time being exceeded because a courier did not arrive on time is not acceptable. In some instances involving industrial wastewater compliance and process control troubleshooting, advance notification prior to the sample date by the City of Visalia is not possible. Please provide a cost for a daily courier service on the Proposal Fees Form.
Contract lab will provide all equipment necessary for the preservation of samples in accordance with proper sample preservation guidelines. The contract laboratory will provide the courier with an ice chest and ice to maintain the samples at the prescribed temperature while in transit.
Geographical Location Requirements
Due to the regulatory requirements for samples holding times and environmental conditions required for proper sample preservation, laboratories are required to be within a 75-mile radius of the Water Reclamation Facility. The mailing/shipping of samples to a contract laboratory is not acceptable. Based on the City of Visalia's experience, the consistent maintenance of allowable temperature ranges (sample preservation) does not occur, particularly during summer months.
Subcontracting Work-Limitations and Requirements
The private contract laboratory shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the City. In no event shall the private contract laboratory subcontract work in excess of 25% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.
Onsite Contract Laboratory Technician
The contract laboratory will provide an on-site laboratory technician. Please provide an hourly rate on the Proposal Fees Form indicating the hourly rate. Hourly rate to include the performance of the onsite analyses and work tasks as identified below.
The contract laboratory technician who is assigned to be onsite at the City of Visalia WRF will need to complete the following onsite sampling and analyses. This is a sample of duties that are required, but more duties may be assigned as necessary.
Technician will be onsite from 7:30 am to 11:00 am, Monday through Friday.
Holidays and Weekends City Staff will perform the analyses.
City staff will perform the analyses on any holiday recognized by the contract laboratory, but not recognized by the City.
The cost of the analyses performed onsite by the contract laboratory technician will be included in the hourly rate, and not charged separately.
Sampling Required
Influent and Effluent Grab Samples for pH
Analyses Performed On-site
Influent/Effluent: COD, pH-Daily
Digesters (7): pH, Volatile Acids, Alkalinity-Weekly
Structure A:Total Suspended Solids, COD-Daily
Aeration Basins (4): Total Suspended Solids, Total Volatile Solids-Daily Return Solids: Total Suspended Solids, Total Volatile Solids Daily Data Entry and Other Duties
Results for all analyses are to be recorded into the software database HACH WIMS, at a time as specified by project manager.
Lab technician is required to complete the chain of custodies and all other related tasks in the preparation of samples to be analyzed or picked up by the contract laboratory courier.
The laboratory technician is responsible for maintaining the laboratory and sampling equipment in clean working order.
Maintain adequate chemical, reagent, and media inventories.
Laboratory Equipment
Laboratory equipment will be provided by the City of Visalia for those analyses performed on-site at the Water Reclamation Facility. Repairs and replacements of laboratory equipment are the City’s responsibility, unless damage or failure is caused by neglect or misuse by the on-site contract laboratory analyst. It is the responsibility of the contract laboratory to maintain equipment in proper working order. It is the responsibility of the contract laboratory to notify the City immediately if a piece of equipment does not meet the required standards. Contract laboratory is responsible for calibrating and maintaining calibration records of City-owned equipment used by contract laboratory.
The contract laboratory is to maintain all records pertaining to the calibration and maintenance of equipment that is owned by the contract laboratory and used in the analyses for the City.
Chemicals, Reagents, Solutions, Consumable Materials, Calibration Standards Chemicals, solutions, consumable materials, calibration standards, sampling bottles and any other materials required in the performance of the analyses listed in /Proposal Fees Form, Attachment E of this RFP, will be provided by the contract laboratory. It is the contract laboratory's sole responsibility to ensure the laboratory solutions and standards are not expired and are the appropriate standards according to the approved analytical methods for the analyses being performed. All chemicals, reagents, calibration standards, media, and consumable materials will be provided by the contract laboratory for the analyses performed on site by their technician.
The City of Visalia will provide the chemicals, solutions, consumable materials, calibration standards used in the analyses performed by City Staff.
The City of Visalia will provide the detergent used in the dishwasher located onsite at the Water Reclamation Facility.
The contract laboratory will supply acceptable sample containers, preservatives, and labels.
The City of Visalia will supply the chain of custody forms.
Travel and field blanks will be provided by the contract laboratory as required. They will be invoiced at the same prices as samples to be tested.
City Responsibilities
1. Compensate the consultant as provided in the contract agreement.
2. Provide a "City Representative", who will represent the City and who will work with the consultant in carrying out the provisions of the RFP. The Consultant shall communicate with the City representative who will provide the following services:
Examine documents submitted to the City by the Consultant and render timely decisions pertaining thereto.
Give reasonably prompt consideration to all matters submitted by the Consultant for approval to the end that there will be no substantial delays in the Consultant's program of work.
Process invoices submitted by Consultant
Provide consultant with surveys, maps and other documentation, if available and necessary for completion of Consultant’s work.
Provide consultant with topographic survey information for the project area.
Act as coordinator between Consultant and other City representatives.
Exhibit of available right-of way for the project.
City standard template of “specifications”
PROPOSAL CONTENT AND FORMAT REQUIREMENTS
The following are proposal requirements. Respondents are requested to organize their proposal into sections with tabs corresponding to the listed selection criteria as follows. You must answer the following questions in the same sequence as below. A screening committee will evaluate the completeness of the response to the RFP.
General Information
Firm name, address, telephone number, and email address.
Account Representative or other person to contact for clarification of any item contained in the proposal. Include telephone number, and email address if different from above.
Specify type of organization (individual, partnership or corporation) and if applicable indicate whether you are:
a. Small Business.
b. Disadvantaged Business.
c. Minority and/or Women-Owned Business.
Personnel of the Proposer’s Firm must be identified in the proposal with their background and the firm must give assurances of continuity of its personnel. A contact person needs to be identified.
Provide your Department of Industrial Relations Registration Number.
Provide surety information for all sureties – General and Automobile Liability, E/O and Worker’s Compensation.
References and Referrals
Proposed Project Approach
Summarize your approach and understanding of the project and any special considerations of which the City of Visalia should be aware. Indicate clearly, the levels of participation you will expect from City of Visalia staff in the fulfillment of the contract. The contents of this section shall be determined by the proposer, but should demonstrate an understanding of the special characteristics of the project.
This section shall outline the proposed approach to the project. This approach or scope of work shall consist of:
Phase
Objective(s)
Task(s) and brief description
Work products
Meeting(s)
Exceptions to the requirements of the RFP should be clearly delineated in this section.
In addition, you are invited to include a maximum of two (2) pages of information not included, nor requested in this RFP, if you feel it may be useful and applicable to this project.
The information in this section will aid the City in the refinement of the scope of work during contract negotiations.
Staff Qualifications and Related Experience
Staff Qualifications and Experience
This section should demonstrate the qualifications of all professional personnel to be assigned to this project by providing resumes/experience summaries describing their education, credentials, related experience and their proposed roles for this contract. Note: Consultant may not substitute any member of the project team without prior written approval of the City.
If your firm intends to subcontract any of the services required under this RFP it should be discussed in this section. Detailed information for each subcontractor must be provided. Note: No work may be subcontracted, nor assigned, without prior written approval of the City of Visalia.
Related Experience
Include descriptive information concerning the experience of the firm. Include information about previous projects that might be comparable, including the size and type of projects and the scope of services provided. Provide references for the three (3) most comparable projects for which your firm has provided, or currently is providing, similar services. The City is especially interested in your firm's experience in analytical lab services. Contractor must have at least five (5) years of experience performing analytical lab services in partnership with a wastewater treatment facility and industrial monitoring program.
List the projects in reverse chronological order and provide the following information for each project:
Indicate for each of these projects:
Name of project and project location
Brief description (type of construction, functional components, special design considerations) Name of owner
Name of owner's contact person and telephone number (contact person, who, at the time of RFP submittal, will be employed by the owner) Your firm's specific involvement
Actual cost vs. cost estimate
Status of completion
Proposed Fee Structure and Schedules
The Proposed Fee Structure and Schedule shall be provided under separate, sealed cover as a part of the RFP submittal.
Provide proposed fees and cost information and recommend a budget plan for all services to be provided in the following format:
Proposers should review the requirements of this RFP and address all services in this fee schedule (See Attachment E, Proposal Fees Form) that might reasonably be expected to support the project. Indicate how the City will be invoiced for services, i.e., unit or hourly costs. This information should be detailed and broken down by type of service and units of work or other applicable measure (for example, staff hours at a certain rate). Proposers should endeavor to provide a comprehensive, fee schedule, as the City will not include compensation in the contract for items not addressed.
Include a total cost to provide services, based on the consultant’s fee schedule and the scope of work as outlined in this RFP. This cost will be used as a basis for negotiations.
The fee proposal submitted under separate, sealed cover, along with the proposed project approach, will be used as a basis for any contract negotiations. The actual scope of services and fees included in the contract may be negotiated and may vary to satisfy the City’s actual needs.
Conflict of Interest
Disclose any financial, business or other relationship with the City or any member of the City staff that may have an impact on the outcome of the project.
List current clients who may have a financial interest in the outcome of the project
CONSULTANT SELECTION PROCEDURE
Selection of the successful proposal shall be generally based on the information provided by the Consultant in response to the Request for Proposals and any subsequent interviews that may be conducted. Consultant interviews will be held solely at the option and discretion of the City of Visalia.
The process for selection shall occur in the following sequence:
Review Proposals
Establish a “short list” of three or more firms
Interview “short-listed” firms (at the option and discretion of the City) Identify best qualified firm
Determine which, if any, alternates will be selected, and negotiate a fee Award contract
A project Selection Committee, as deemed necessary, will be formed to evaluate the proposals and to make recommendation to the Visalia City Council. This committee may consist of representatives of the user department, members of the community, members of the Council and Administrative Services Department, or may include a representative knowledgeable in analytical lab services from outside of the community. Composition and creation of this committee, should one be formed, is at the sole discretion of the City. Names of the Committee members, should one be formed, will not be released prior to the time for interviews.
The Committee will review the proposals for format to ensure conformance with the requirements of the RFP and may select finalists to interview with the Committee as a part of the Committee's evaluation process. The City does not guarantee that an interview will take place, thus reserving the right to select a consultant based solely on the information provided in the proposals received in response to the RFP. Should an interview take place, the key personnel responsible for fulfilling the requirements of the project shall be required to be present for the interview.
Criteria & Weight of Criteria
The Committee will address the following criteria in evaluation of proposals in order to gauge the ability of a consultant to perform the contract as specified. The same general criteria will be used to judge both the proposal and the presentation, should the City choose to conduct interviews with short-listed firms.
Additionally, 5 points (Local Vendor Preference Points) will be given to any Proposer who has a business address in Tulare County for the past six months (see Section II, Instructions).
Criteria
Explanation
Weight/Points
Merit of Proposals Submittal / Presentation
Proposals submittal thoroughness
15 Knowledge and Expertise of Personnel/Firm
Capability of personnel
Firm qualifications
Adequacy of Staff to perform the work
40 Understanding of Project
Knowledge of project, requirements
20 Record of Past Performance
References
Ability to work effectively with City staff, other public agencies, and related parties.
Proposers ability to provide continuity of service
20 Local Vendor Preference
Proposers with a Tulare County Business address as specified in Section II 5 Prior to the award of contract, the City must be assured that the proposer selected has all of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with the skills required, equipment/materials and financial resources sufficient to provide services called for under this contract. If, during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contract, if awarded, the City has the option of requesting from the proposer, any information that the City deems necessary to determine the proposer’s capabilities. If such information is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.
Background Check
The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a proposal to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.
Award of Contract
The successful firm will be required to execute a contract with the City of Visalia. A Draft Agreement has been included in this RFP to alert proposers to the provisions generally found in City contracts. The Draft Agreement may be altered from the enclosed form at the discretion of the City and without notice to consultant prior to award of contract. The City does not guarantee that the Final Agreement will duplicate the enclosed Draft Agreement.
GENERAL CONDITIONS
Important Notice
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective vendors who have secured same. However, it will be the responsibility of each vendor, prior to submitting their proposal, to contact the Purchasing Division, located at 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addendums were issued and to make such addendum a part of the proposal.
Contracting Agency
The contract resulting from this Request for Proposals will be administered by the City of Visalia Finance Department, Purchasing Division.
Legal Responsibilities
All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature whether the same or expressly referred to herein or not. By submitting a proposal, Consultant certifies that he or she will comply with all Federal laws and requirements, including but not limited to Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection and other laws and regulations applicable to contracts utilizing Federal funds.
Permits and Licenses
Business Tax Certificate
Possession of a City of Visalia Business Tax Certificate is not required to submit a proposal in response to this invitation. However, Consultant shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Visalia. For additional information, contact the City of Visalia at (559) 713-4326.
Professional License
Consultant is to be licensed in accordance with the California Business and Professions Code and is to possess current professional registration and be licensed to perform work in the State of California.
Permits
Consultant shall be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issued by any federal, state or local governmental agency, pertaining to, and necessary for providing the services required in this Request for Proposals.
Insurance
Indemnification and Insurance
As respects acts, errors, or omissions in the performance of services, CONTRACTOR agrees to indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of CONTRACTOR’s negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement; except to the extent those arise out of the negligence of CITY.
CITY agrees to indemnify and hold harmless CONTRACTOR, its officers, employees, and designated volunteers from and against any and all losses, defense costs, liability or consequential damages to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.
As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONTRACTOR agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with CONTRACTOR’s (or CONTRACTOR’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.
Without limiting CITY’s right to indemnification, it is agreed that CONTRACTOR shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
Workers’ Compensation insurance as required by California statutes.
Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).
Professional Liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA 93291, with the exception of cancellation for non-payment of premium, in which case ten (10) days’ notice shall be given” In addition, the Commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.” “The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.” The successful bidder shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should contractor cease to have insurance as required during any time, all work by contractor pursuant to this agreement shall cease until insurance acceptable to the City is provided.
EXAMINATION OF CONTRACT REQUIREMENTS AND ACCEPTANCE OF PROPOSAL CONTENT Before submitting a proposal, proposer’s must satisfy themselves by personal examination of the proposal requirements and other contract documents, and by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City of Visalia, upon which the offerer will rely.
The submission of a proposal shall be considered conclusive evidence that the proposer has carefully investigated all conditions that affect, or may at some future date affect the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the proposal. Submission of a proposal shall also be evidence that the proposer is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work.
No proposer shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the proposer receives an award as a result of this Request for Proposals, failure to have made such investigations and examinations will in no way relieve the proposer from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the proposer for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals.
Should the proposer feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the proposal.
The contents of the proposal of the successful proposer shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement shall result in cancellation of award.
WITHDRAWAL OF PROPOSALS
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Purchasing Division. The request shall be executed by the proposer or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.
REJECTION OF PROPOSALS
Failure to meet the requirements of the RFP may be cause for rejection of the proposal. The City may reject the proposal if it is deemed incomplete, contains irregularities of any kind or is offered conditionally. The City reserves the right to reject any and all proposals without cause.
The proposal is to be prepared in such a way as to provide a straightforward, concise delineation of the information requested. Proposals which contain false or misleading statements, or which do not support an attribute or condition claimed by the proposer, may be cause for rejection of the proposal. If, in the opinion of the City, such information was intended to mislead the City in its evaluation of the proposal, it will be cause for rejection of the proposal.
EVALUATION/AWARD OF CONTRACT
Evaluation and selection of proposals will be based on the information called for in this RFP. Brochures or other promotional presentations beyond that sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.
Proposals will be evaluated by a Selection Committee. This committee may consist of representatives of the user department, members of the community, the Public Works Department, and may include a representative knowledgeable in analytical lab services from outside of the community. In connection with its evaluation, the City may, at its option, invite one or more proposers to make an oral presentation to the Selection Committee. During these interviews, the proposers will be allowed to present such evidence as may be appropriate in order that the Committee can correctly analyze all materials and documentation submitted as a part of the proposals.
The award, if made, will be made within ninety (90) days from proposal closing date. Proposer agrees and so stipulates in submitting this proposal, as though stated therein, and in any subsequent award of contract that:
Proposer is an independent contractor, not an employee, agent, or officer of the City.
Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.
Should proposer be awarded contract, proposer shall not assign contract, or any part thereof, or any moneys due or to become due thereunder, without prior consent of the City.
Proposer shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the proposer, its consultants, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.
Proposer shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.
Proposer warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the proposer, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under the contract.
PROPOSAL PRICING GUIDELINES
Proposer shall provide proposed fees and cost information as a part of this Request for Proposals. Proposed fees shall be submitted under separate, sealed cover.
ASSIGNMENT OF CONTRACT
No assignment by the vendor of the contract or any part hereof, or of funds to be received there under, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to, and bind the party or parties to whom such work is assigned, sublet or transferred.
RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the proposer of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.
ETHICS IN PUBLIC CONTRACTING
Each proposer, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the proposer certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other proposer in connection with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The proposer further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.
Prior to the award of any contract, the potential Consultant may be required to certify in writing to the Purchasing Division that no relationship exists between the proposer and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.
More than one proposal from an individual, firm, partnership, corporation or association under the same or different names may be rejected. Reasonable grounds for believing that a proposer has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the proposer is believed to have an interest.
EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the contract, proposer agrees to the following:
Proposer shall comply with all the requirements, when applicable, of the California Fair Employment Practice Commission and provisions of, when applicable, all Federal, State of California, County of Tulare and City of Visalia laws and ordinances related to employment practices.
Proposer shall not discriminate against any employee or applicant for employment on the basis of race, religion, color, gender, age, handicap, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the proposer. The proposer agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
Proposer, in all solicitations or advertisements for employees, placed by, or on behalf of the proposer, shall state that proposer is an Equal Opportunity Employer.
VENUE
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Tulare County, California.
PROPRIETARY INFORMATION
The proposals received shall become the property of the City of Visalia and are subject to public disclosure. Proposal prices and information submitted by proposers will be made available to proposers after City Council has approved award of contract. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the proposer as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed non-responsive.
INCURRING COSTS
The City of Visalia is not liable for any cost incurred by proposers in responding to this Request for Proposals.
FIREARMS PROHIBITED
Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
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.
Exhibit “A-1”
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) Submit With Proposal
In accordance with Title 23 United States Code section 112 and Public Contract Code 7106 the bidder declares that 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; 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. __________________________________________ ________________________ Signature Date
Note: The above Non-collusion Affidavit is part of the Bid/Proposal.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Exhibit “A-2”
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)
Submit With Proposal
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:
Exhibit “A-3”
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Submit With Proposal
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:_______________________________________
Business Address:______________________________________________________________________________ Signature:______________________________________________ Date:________________ Name & Title of Signing Official: ______________________________________________Company Seal (if any):
Exhibit “A-4”
AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
Submit With Proposal
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:
(if any)
Exhibit “A-5”
Ownership Disclosure and California Levine Act Statement Submit With Proposal
The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:
submitting a bid or proposal in response to a solicitation by City of Visalia; or as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.
OWNERSHIP DISCLOSURE
________________________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company ________________________________________________________________________________________ Address
List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.
The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:
Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____.
If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:
Council Member(s) Name Date of Contribution(s)
_____________________________ ___________________________ Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.
NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form. ________________________________________________________________________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual Date Exhibit “A-6”
Submit with Proposal
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.
CONTRACTOR/BIDDER FIRM NAME
FEDERAL ID NUMBER
BY (Authorized Signature)
DATE EXECUTED
PRINTED NAME AND TITLE OF PERSON SIGNING
TELEPHONE NUMBER (Include Area Code)
( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:
Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
The dangers of drug abuse in the workplace,
The person’s or organization’s policy of maintaining a drug-free workplace, Any available counseling, rehabilitation and employee assistance programs, and Penalties that may be imposed upon employees for drug abuse violations.
Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
Will receive a copy of the company’s drug-free workplace policy statement, and Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.
At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, then the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
Exhibit “A-7”
IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
Submit With Proposal
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:
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 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 $1,000,00 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.
Exhibit “A-8”
SAMPLE CONTRACT-Subject to changes
ANNUAL CONTRACT FOR ANALYTICAL LAB SERVICES
(City of Visalia RFP No. 24-25-32)
This Agreement, entered into and effective this _____ day of ______________, 2025, by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “VENDOR”, “BIDDER”, “Contractor”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, VENDOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires analytical lab services, which was let to bid on ___________ as evidenced by RFP No. 24-25-32 (the “Project”); and WHEREAS, City of Visalia reviewed and evaluated responses to the Proposal and determined to award a contract to VENDOR for analytical lab services; and WHEREAS, VENDOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and VENDOR agree as follows:
TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO.
DESCRIPTION OF ATTACHMENT
Attachment 1
General Contract Provisions
Attachment 2
Insurance Requirements
Attachment 3
City of Visalia RFP 24-25-32, Annual Contract for Analytical Lab Services Attachment 4
Vendor’s proposal in response to RFP No. 24-25-32
Attachment 5
Schedule of Fees
VENDOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide the following services for the stated compensation (“Scope of Services”):
The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in RFP 24-25-32, for the cost identified in Attachment 5.
Additional Services: Incidental work related to the PROJECT and not described in RFP 24-25-32, may be needed during the performance of this Agreement. The CONSULTANT agrees to provide any and all additional services at the rates identified in Attachment 5 - Schedule of Fees for Professional Services. Such additional services shall not be performed by CONSULTANT without the written consent of CITY.
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
COMPENSATION:
CITY shall pay VENDOR compensation for services requested; however, CITY shall pay not more than the following amount under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on the monthly report and similar documents presented by VENDOR to CITY. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.
Cost for Services:
Not to exceed ___________ annually
Source of Funds:
Local Revenues
Payment Schedule:
As work is completed and invoices are received
CONTRACT PRICE ADJUSTMENTS:
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time will not be considered.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts 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.
VENDOR
Dated: ___________________ By:______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for VENDOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager
Dated: ____________________ By:______________________________________________________ City Attorney
Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Exhibit “A-8”
Attachment 1
GENERAL CONTRACT PROVISIONS
Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA ______________________
707 W. Acequia Ave. ______________________
Visalia, CA 93291 ______________________
Attention: City Clerk Attention: ____________
Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.
Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.
Guarantees and Warranties:
1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.
2. ONE YEAR GUARANTEE: Besides guarantees required elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.
3. WARRANTIES: Warranties required by the Invitation to Bid or this Agreement shall commence on the date of acceptance of the work by CITY, unless otherwise provided in a Certificate of Substantial Completion.
CONTRACTOR warrants that the materials and equipment furnished under the Agreement will be new and of recent manufacturer unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Agreement. Work that does not conform may be considered defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.
Any defective work that is either corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.
J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
K. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
L. Firearms Prohibited: Guns may not be carried by contractors /vendors/ consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
M. Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
Exhibit “A-8”
Attachment 2
INSURANCE REQUIREMENTS
CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts; Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).
Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
4. Other Insurance Provisions.
If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
RFP NO. 24-25-32
Annual Contract for Analytical Laboratory Services