Professional Services for Solid Waste Rate Study

RFP 24-25-21

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CITY OF VISALIA, CA

REQUEST FOR PROPOSALS

RFP NO. 24-25-21

PROFESSIONAL SERVICES FOR

SOLID WASTE RATE STUDY

DESCRIPTION: The City of Visalia is requesting proposals from qualified firms to provide a comprehensive solid waste cost of service and rate study.

PROPOSER CONFERENCE: An informational teleconference will be held via TEAMS on Monday, November 9, 2026, beginning at 10:00 A.M. (PT). Interested proposers are encouraged to participate as this is an opportunity to ask questions regarding the project and the Request for Proposals requirements. To receive the link to join/call-in phone number, please email your contact information to purchasing@visalia.gov.

SUBMITTAL INSTRUCTIONS: One (1) unbound original, four (4) bound copies, and a digital copy on USB Drive must be received on or before: 2:00 P.M. (PT) on Thursday, December 3, 2026.

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

ADDRESSED FROM: Proposer’s Name & Mailing Address

MARK ENVELOPE: RFP No. 24-25-21 Professional Services for Solid Waste Rate Study

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 RFP document should be addressed to the Purchasing Division

(559) 713-4334. To prevent misinterpretations, the Purchasing Division requests that all questions be addressed in writing via email to purchasing@visalia.gov. Questions may be asked at any time prior to, but no later than: Friday, November 13, 2026 at 4:00pm.

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CITY OF VISALIA, CALIFORNIA

REQUEST FOR PROPOSALS

SEALED PROPOSALS will be received by the Purchasing Division located at 707 West Acequia, Visalia, CA 93291, until 2:00 P.M. (PT) on Thursday, December 3, 2026 for:

An informational teleconference will be held via TEAMS on Monday, November 9, 2026, beginning at 10:00 A.M. (PT). Interested proposers are encouraged to participate as this is an opportunity to ask questions regarding the project and the Request for Proposals requirements. To receive the link to join/call-in phone number, please email your contact information to purchasing@visalia.gov.

RFP and contract documents may be obtained from the office of the Purchasing Division, 707 W. Acequia Ave., Visalia, California 93291 by calling (559) 713-4334, or emailing your request to purchasing@visali.gov.

Additionally, registered users of BidNetDirect may download the documents by visiting our web site visalia.gov/purchasing and selecting “current bids”.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded the full opportunity to submit proposals in response to this notice and 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 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: 10/23/2026 & 10/28/2026 iii

TABLE OF CONTENTS

TITLE PAGE

I. Definitions II. Introduction

A. Information B. Background C. Purpose and Objective D. RFP/Agreement Schedule

III. Scope of Services A. Services of the Consultant B. City Responsibilities

IV. Proposal Content and Format Requirements A. General Information B. Proposed Project Approach C. Staff Qualifications and Related Experience D. Proposed Fee Structure and Schedules E. Conflict of Interest F. Required Forms

V. Consultant Selection Procedure A. Criteria & Weight B. Background Check C. Award of Contract

VI. General Conditions A. Important Notice B. Contracting Agency C. Legal Responsibilities D. Permits and Licenses E. Insurance

VII. Contract Requirements A. Withdrawal of Proposals B. Rejection of Proposals C. Evaluation/Award of Contract D. Proposal Pricing Guidelines E. Assignment of Contract F. Right to Require Performance G. Ethics in Public Contracting H. Equal Employment Opportunity I. Venue J. Proprietary Information K. Incurring Costs L. Firearms Prohibited M. Executive Order N-6-22 – Russia Sanctions

VIII. Attachments to be submitted with Proposal ................................................................ 16-21 Non-Collusion Affidavit Workers’ Compensation Insurance Certificate Ownership Disclosure & California Levine Act Statement Americans with Disabilities Act Compliance Certificate Drug Free Workplace Certificate Iran Contracting Act

Sample Professional Services Agreement (Do not submit with proposal)

I. DEFINITIONS

For the purposes of RFP No. 24-25-21 the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “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. 24-25-21.

II. INTRODUCTION

A. Information The City of Visalia (City) is requesting proposals from qualified firms to perform a comprehensive solid waste cost of service/rate study.

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 (55) 713-4334 or by emailing purchasing@visalia.gov.

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

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. 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.

B. Background The City of Visalia is a charter city incorporated in 1852. The City of Visalia is located east of State Highway 99 along State highway 198 and is approximately 45 miles south of Fresno and 60 miles north of Bakersfield. The City’s current population is approximately 145,000 residents. The current incorporated area covers approximately 38 square miles.

The City of Visalia provides residential, commercial, roll-off solid waste and recycling services, street sweeping for the incorporated area of Visalia, and a newly started illegal dumping pickup program (SWEEP) which consists of the following:

Approximately 42,500 residential can (side-load truck) customers Approximately 3,600 commercial bin (front-load truck) customers Approximately 100 commercial roll-off (roll-off truck) customers There are a few commercial accounts that have residential containers and service.

By City ordinance, the City is the exclusive hauler for all residential services and for all the commercial bin services. Private haulers on a list approved by the Public Works designee are allowed to haul recyclables, construction and demolition refuse, metal and hazardous materials for roll-off box use only.

The City is in contract to haul refuse to the Visalia County Landfill in Visalia and Woodville, green waste to two facilities in the Visalia vicinity, recyclables to a transfer station at the Visalia Landfill, and food waste to a facility in Visalia. All City refuse trucks currently drive directly to the appropriate facility to dump their respective loads.

1. Residential Operations

The City of Visalia’s current residential service is provided using three 96-gallon carts in the collection system. The gray cart is for collecting trash, the green cart is for collecting green waste/food compost, and the blue cart is for collecting recyclables. Each of the customer’s residential cans are serviced once per week and collection takes place on two separate days of the week, depending on the location and route.

Trash and Recycle are serviced on the same day and green waste is serviced on a separate day.

Currently, there are 44 defined City sections that are run by three trucks per section, per week, totaling 132 routes. Each operator normally runs 4 routes in a week, Monday through Thursday.

Residential services are provided with the following resources:

Staffing

2 residential Supervisor positions 31 residential Operator positions 2 residential Lead operator positions

Equipment

Approximately 42,500 each of trash, green waste and blue containers 31 side-load automated trucks, and 7 backup/spare side-load trucks 2 delivery trailers and ½ ton pickups 1 3/4-ton pickup and one 1-ton pickup for supervisors

Residential container maintenance and delivery operations occur Monday through Friday as needed to keep up with demand and occur within the support maintenance division.

2. Commercial Operations

The City provides commercial solid waste collection including refuse, recyclables, green waste and food compost. Service is provided with a variety of sized bins. The commercial front-load trucks are all single compartment trucks carrying only one waste stream at a time and dump their respective loads at the appropriate facility.

Front-load operations currently have 86 routes, run by 18 operators 5 days a week, Monday through Friday, with one Saturday route for restaurant and high-volume customers.

Commercial services are provided with the following resources:

Staffing

1 Supervisor position 18 commercial Operator positions 2 commercial Lead operator position

Approximately 5,650 bins, some serviced multiple times per week.

19 front-load refuse trucks, and 3 backup/spare truck 2 bin delivery/removal trucks

Commercial bin maintenance and deliveries are conducted within the support maintenance division.

3. Roll-off Operations

The City provides roll-off solid waste collection including refuse, recyclables, and green waste. Service is provided with a variety of sized containers. Roll-off operations pick up anywhere from 24 to 32 boxes in a given day.

Staffing

Supervised by Residential Supervisor position listed above.

4 commercial roll-off operator positions.

A roll-off inventory of approximately 120 boxes throughout the City and in the Corporation yard 6 roll-off refuse trucks (2 spare)

4. Maintenance Division

The Solid Waste Department’s maintenance division supports all solid waste delivery and maintenance of residential and commercial equipment.

The Maintenance division consists of the following resources Staffing

1 Lead Maintenance Operator 2 Maintenance Operators

Equipment:

All equipment necessary to stock a complete welding shop, inclusive of all tools and small equipment necessary to carry out any maintenance required.

5. Miscellaneous

SWEEP Program – this program consists of 1 Lead and 4 Maintenance Workers that patrol the City for illegal dumping. Equipment consists of 5 trucks, 4 dump trailers, and roll off bins. This is a newer program and this division will be paid for from the Solid Waste Enterprise Fund.

Other important information as it pertains to this RFP:

Even though all equipment is housed within the general shop and maintenance areas, all operations share the shop area and equipment, including forklifts, welding equipment and other miscellaneous maintenance equipment and parts.

The City’s solid waste utility is recognized as a self-supporting enterprise fund. Revenues are derived primarily from service charges and must be adequate to fund the Solid Waste operations and maintenance, debt and capital programs.

C. Purpose, Objective and Services to be Provided

The purpose of this cost-of-service/rate study is to validate the appropriate rate structure and recommend rates for the City that generate adequate revenue to operate the solid waste utility and its ancillary activities and divisions. The study will consist of:

Prepare a cost-of-service analysis, including revenue requirements for each division within the solid waste department.

Develop and analyze appropriate rate structures (up to 4 alternatives that include recurring garbage rates, recurring organics rates, recurring recyclables rates, and special rates).

Estimate the City’s cost to provide the billing service for each division rate structure.

Determine the division rates necessary to meet the City’s revenue requirements.

Develop appropriate customer service fees for each customer class.

Participate in presentations and meetings.

Prepare a cost of service analysis that fairly and equitably allocates costs to operations, customer maintenance, capital improvements, future expansion, and possible legislative developments for a period of 5 years.

Deliver presentations designed to facilitate the understanding of the future rates and develop the Proposition 218 notice of public hearing and present it to the City to adopt a 5-year rate schedule.

Conduct a community meeting to inform the public of any rate changes prior to the Proposition 218 hearing.

The proposal may recommend additional components that would benefit the City. If additional components are recommended, please provide a detailed description of the value to the City.

D. RFP/Agreement Schedule

Event Date

RFP Available to the public October 23, 2026

Informational Proposer Conference at 10:00 a.m.

November 9, 2026

Deadline for Submitting Questions November 13, 2026

RFP due no later than 2:00 p.m. December 3, 2026

Award of Contract @ City Council Meeting January 2027

Contract Begins February 2027

Final date for all work to be completed April 31, 2027

Italicized items and dates are at the City’s option. The City reserves the right to award contract solely on the basis of proposal content.

III. SCOPE OF SERVICES

A. Services of the Consultant

The purpose of this RFP is to facilitate the selection of a qualified consulting firm to complete the tasks summarized on Page 3 (Section II, Introduction, C. Purpose, Objective and Services to be Provided) and specifically defined in this section.

1. Investigation and Data Collection

Assemble the information necessary to understand and describe the City’s current solid waste enterprise finances and rates. The objectives of investigation and data collection are to develop a complete understanding of the solid waste enterprise and its finances, project future service needs to comply with projected growth and state and federal mandates, and to reach an agreement on basic assumptions to be used in the study. General information needs to include:

1. Adopted solid waste service charges

2. Financial information regarding solid waste revenues and expenditures.

3. Identification of any additional long-term funding needs related to the solid waste enterprise, including those related to proposed legislation and recently adopted laws, including electric fleet needs.

2. Survey Regional Solid Waste Rates and Facilities

Conduct a survey of regional solid waste rates and summarize findings in an easy-to-understand format.

Work with City staff to identify agencies to be included in the survey and to identify any key issues for the survey to address.

3. Review the City’s Existing Solid Waste Rate Structure

Review the City’s existing solid waste and recycling rate structure and discuss advantages and disadvantages compared to other approaches. Summarize and discuss finding with the City’s project team.

4. Evaluate Rate Structure Alternatives

Identify alternative rate structures or modifications to the City’s existing solid waste and recycling rates designed to improve equity and/or better achieve City objectives. Discuss pros and cons of different rate structure options and their general impacts on different types of customers. Rate structure options will be refined as the study progresses based on input from the City’s project team. Receive City input and revise recommendations as needed.

5. Develop Cost of Service Rate Analysis

Allocate costs of service to the various customer classes and rate categories to support the recommended rate structure and demonstrate that proposed rates reasonably reflect the cost of providing service and are fair and equitable to all customer classes.

6. Develop Plan for Equipment Purchases and Operational Changes

Review proposed equipment purchases and operational changes, including proposed methods of financing and their impact on operational efficiency. This may include alternatives for future EV equipment and the navigation of the State of California requirements.

7. Develop Solid Waste Rate Recommendations

Based on evaluation of alternatives and their impacts, develop draft recommendations for City consideration. Incorporate City input and revise as needed.

8. Conduct Public Workshop(s)

Attend up to four meetings (afternoon and evening) with the City Council at work sessions to present the interim status of the study, preliminary and final report and obtain their input. Develop a PowerPoint presentation summarizing key findings, alternatives, and draft rate recommendations. Conduct a workshop to present the findings and input from the Citizens Advisory Committee. Input received from the Citizens Advisory Committee, staff, the public, and others should be incorporated in final recommendations.

9. Proposition 218 Assistance

The consultant will provide guidance and advice to City staff to assure compliance with the Proposition 218 process as it applies to solid waste services. The consultant will include the preparation and completion of the Proposition 218 Notification (in English and Spanish) as a service to the City. The consultant shall ensure that the proposed rates are in conformance with all applicable laws, including the provisions of Proposition 218, court cases interpreting these provisions, and court cases concerning the effects of Proposition on tiered rate structures.

10. Prepare Draft and Final Summary Memos and Rate Models

Prepare a draft memorandum of the Solid Waste Rate Analysis findings and recommendations. The rate model shall be prepared and provided to the City in Excel spreadsheet format. The model’s construction shall be documented in a manner that allows the City to understand the formulas which are utilized, and how variables affect rate calculations. The City should be able to use the model in the future to evaluate actual performance against projections and to make adjustments as necessary. The model will be the property of the City and may be used by the City for any purpose.

11. Submit the Draft Report to City Staff for Review and Comments

Following staff review and input, Consultant shall prepare and submit a final version.

12. Attend Public Hearing on Solid Waste Rates

Attend the Prop. 218 Public Hearing on the rate study and proposed rate adjustments. Remain available to give a summary presentation highlighting key findings and recommendations. Remain available to answer questions at the City Council’s direction. It is the intent of the City to adopt the rate study and proposed solid waste rates at the conclusion of the Prop. 218 Public Hearing.

B. 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 meeting places for meetings and public workshops.

Provide consultant with surveys, maps and other documentation if available and necessary for completion of Consultant’s work.

Act as coordinator between Consultant and other City representatives.

IV. PROPOSAL CONTENT AND FORMAT REQUIREMENTS

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

A. General Information

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.

Provide your Federal Tax ID Number and City of Visalia Business Tax Certificate Number. The City of Visalia Business Tax Certificate only applies to Vendors operating in the City of Visalia limits. (Consultant will be required to obtain if contract is awarded to your firm.)

Names of company’s owners / officers.

Key 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 surety information for all sureties – General and Automobile Liability, E/O and Worker’s Compensation.

References: Provide at least three references (name, company title, address, email, and telephone number).

B. 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) Timeline Completion date

Personnel Allocation: Consultant shall provide an estimate of the required personnel hours by task and job title in the proposal for the tasks described in the scope of services. This information is not meant as a fee proposal, but only an indication of the level of effort envisioned for completion of the project at hand.

Exceptions to the requirements of the RFP should be clearly delineated in this section.

In addition, you are invited to include a maximum of two (2) pages of information not included, nor requested in this RFP, if you feel it may be useful and applicable to this project.

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

C. Staff Qualifications and Related Experience

1. Staff Qualifications and Experience

This section should demonstrate the qualifications of all professional personnel to be assigned to this project by providing resumes/experience summaries describing their education, credentials, related experience and their proposed roles for this contract. Note: Consultant may not substitute any member of the project team without prior written approval of the City.

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. Consultant must also provide proof that subcontractors are registered with the DIR (if applicable). Note: No work may be subcontracted, nor assigned, without prior written approval of the City of Visalia.

2. Related Experience Include descriptive information concerning the experience of the firm. Include information about previous projects that might be comparable, including the size and type of projects and the scope of services provided. Provide references for the three (3) most comparable projects for which your firm has provided within the last five (5) years, or currently is providing, similar services.

List the projects in reverse chronological order and provide the following information for each project:

Indicate for each of these projects:

Client’s name, point of contact, address, telephone number, and email Description of study and year of completion Key personnel involved Proposed Cost vs Actual Contract Amount

Cases in which the proposer has provided forensic support in a rate challenge case (do not include cases if doing so would compromise any confidentiality agreements or legal privileges).

D. 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 and shall be included on the USB drive in a separate folder marked “fees”. Do not include fees in the four (4) copies of the proposal.

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 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.

Provide complete summary of the estimated number of consulting hours, schedule of hourly rates for each classification, and total not-to-exceed cost inclusive of ancillary costs, including travel for the Scope of Services to be performed.

The fee proposal submitted under separate, sealed cover, along with the proposed project approach, will be used as a basis for any contract negotiations. The actual scope of services and fees included in the contract may be negotiated and may vary to satisfy the City’s actual needs.

E. 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

F. Required Documents Complete and submit the following forms with your proposal:

Non-Collusion Affidavit (Page 16) Workers’ Compensation Insurance Certificate (Page 17) Ownership Disclosure and California Levine Act Statement (Page 18) Americans with Disabilities Act Compliance Certificate (Page 19) Drug-Free Workplace Certification (Page 20) Iran Contracting Act (Page 21) Sign and submit all addenda issued for this RFP.

V. 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 recommendations to the Visalia City Council. Composition and creation of this committee, should one be formed, is at the sole discretion of the City. The 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.

A. 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, Introduction).

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

Understanding of Project Knowledge of project, requirements

Timeline Ability to meet City Schedule

Record of Past Performance References Ability to work effectively with City staff, other public agencies and related parties.

Demonstrated ability to complete work tasks within project timelines and budget.

Local Vendor Preference Proposers with a Tulare County Business address as specified in Section II

Total Points Possible 100

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.

B. Background Check The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a proposal to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.

C. Award of Contract The successful firm will be required to 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 the award of contract. The City does not guarantee that the Final Agreement will duplicate the enclosed Draft Agreement.

VI. GENERAL CONDITIONS

A. Important Notice The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective vendors who have secured same. However, it will be the responsibility of each vendor, prior to submitting their proposal, to contact the Purchasing Division, located at 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addendums were issued and to make such an addendum a part of the proposal.

B. Contracting Agency The contract resulting from this Request for Proposals will be administered by the City of Visalia Finance and Technology Department, Purchasing Division.

C. Legal Responsibilities All proposals must be submitted, filed, made, and executed in accordance with the 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.

D. Permits and Licenses

1. Business Tax Certificate Possession of a City of Visalia Business Tax Certificate is not required to submit a proposal in response to this invitation. However, 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.

2. Professional License Consultant is to be licensed in accordance with the California Business and Professions Code and is to possess current professional registration and be licensed to perform work in the State of California.

3. Permits

Consultant shall be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issued by any federal, state or local governmental agency, pertaining to, and necessary for providing the services required in this Request for Proposals.

E. 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 the 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 statues.

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 contractors 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.

VII. 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 the cancellation of the award.

A. WITHDRAWAL OF PROPOSALS

Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Purchasing Division. The request shall be executed by the proposer or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

B. REJECTION OF PROPOSALS

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.

C. EVALUATION/AWARD OF CONTRACT

Evaluation and selection of proposals will be based on the information called for in this RFP. Brochures or other promotional presentations beyond that sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.

Proposals will be evaluated by the Selection Committee. This committee may consist of representatives of the user department, members of the community, the Purchasing Division, and may include a representative knowledgeable in engineering 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 the proposal closing date. The proposer agrees and so stipulates in submitting this proposal, as though stated therein, and in any subsequent award of contract that:

1. Proposer is an independent contractor, not an employee, agent, or officer of the City.

2. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

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

4. Proposer shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the proposer, its consultants, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

5. Proposer shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

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

D. PROPOSAL PRICING GUIDELINES

Proposer shall provide proposed fees and cost information as a part of this Request for Proposals.

Proposed fees shall be submitted under separate, sealed cover.

E. ASSIGNMENT OF CONTRACT

No assignment by the vendor of the contract or any part hereof, or of funds to be received there under, will be binding upon the City unless such an 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.

F. RIGHT TO REQUIRE PERFORMANCE

The failure of the City at any time to require performance by the proposer of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

G. ETHICS IN PUBLIC CONTRACTING

Each proposer, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the proposer certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other proposer in connection with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value.

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

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

More than one proposal from an individual, firm, partnership, corporation or association under the same or different names may be rejected. Reasonable grounds for believing that a proposer has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the proposer is believed to have an interest.

H. EQUAL EMPLOYMENT OPPORTUNITY

During the performance of the contract, proposer agrees to the following:

1. Proposer shall comply with all the requirements, when applicable, of the California Fair Employment

Practice Commission and provisions of, when applicable, all Federal, State of California, County of Tulare…