Bid Notice.pdf

RFB-25-26-55

Replacement of Flooring at Anthony Community Center Gymnasium, CP0782

Page i

CITY OF VISALIA, CA

REQUEST FOR BIDS

RFB NO. 25-26-55

PROJECT:

Replacement of Flooring at Anthony Community Center Gymnasium

BID SUBMITTAL DEADLINE: 2:00 P.M. ON THURSDAY, SEPTEMBER 17, 2026

PROJECT NO. 1010-72000/CP0782-999

The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety

(90) days.

This is a Public Works Project, subject to registration with the Department of Industrial Relations (DIR), Payment of State Prevailing Wages, Monitoring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached).

Advertisement Dates: 08/14/26

08/19/26

TABLE OF CONTENTS

SECTION 1

I. Definitions II. Project Introduction III. Instructions IV. Scope Of Work/Project Specifications V. Pre-Bid Meetings VI. Bid Opening And Confidentiality VII. Award VIII. Protests/Appeals IX. Post Award Responsibilities X. Special Conditions XI. General Conditions XII. Job Specific Provisions XIII. Description of Bid Items

SECTION 2 (Bidding and Contract Documents – Entire Section Must Be Turned In With Bid Form Pg 20-38)

Bid Form

Bidding Contractors License Information Contractors Reference Bid Bond Subcontractor Listing Business Ownership Disclosure / California Levine Act Statement Signature Page Bid Proposal Contract/Bid Security State and Local Requirements

SECTION 3

Sample Contract Contract General Provisions – Attachment 1 Contract Insurance Requirements – Attachment 2 Sample Contractor’s Affidavit

ADDITIONAL ATTACHMENTS (Attached Separately)

1. State Prevailing Wage Determinations

2. City of Visalia Labor Compliance Manual

3. City of Visalia Engineering Standard Specifications

4. City of Visalia Engineering Standard Specification Amendments

5. Exhibits

a. A: Site Map

b. B: Floor Marking Detail

i. Sheet A701 (page 1)

ii. Sheet A702 (page 2)

c. C: Example Flooring Installation Guide

SECTION 1

I. DEFINITIONS

For the purposes of this RFB NO. 25-26-55 the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. RFB” means Request for Bid No. 25-26-55

II. PROJECT INTRODUCTION

The City of Visalia Purchasing Division is soliciting Bids from qualified contractors to replace the Anthony Community Center Gymnasium Flooring described herein, at 343 N Jacob Street Visalia, CA 93291. The awarded contractor shall be responsible for providing all labor, equipment, tools, and materials necessary to complete the improvements. Bids are sought from contractors who have had at least 3 similar contracts within the past 3 years that were of similar size & scope. We are seeking Contractors with a proven record of experience in providing the services required by this Invitation to Bid.

Mandatory Pre-Bid Meetings. Bidder is required to attend at least one of the Mandatory Pre-Bid meetings in order to be eligible to submit a bid. The meetings will be held at the jobsite: Anthony Community Center Gymnasium, 343 N. Jacob Street, Visalia, CA 93291 as follows:

Monday, August 31, 2026 at 10:00am, and Tuesday, September 1, 2026 at 10:00am

Plans & Specifications: Plans, forms of proposals, bonds, and other contract documents may be requested from the office of the Purchasing Division, 707 W. Acequia, Visalia, California 93291, by telephone (559) 713-4334, or by email: purchasing@visalia.gov If documents do not exceed our email capacity, they will be emailed to the requestor.

Otherwise, plans may be downloaded via the City’s file share link which will be provided to requestor. A copy of the plans and bidding documents are also available at various builders’ exchanges. Depending on the size of the documents, a copy of the plans and bidding documents may be downloaded by registered users of BidNet Direct.

Contract Dates: Tentative date of award date: October 2026. Contractor must be able to begin the work as described within this bid upon receipt of the City’s Notice to Proceed, issued in writing by the Purchasing Department.

Time of Completion Deadline: The entire project must be completed within twenty eight (28) working days from the effective date of the Notice to Proceed. The Notice to Proceed will be issued in writing by the Purchasing Department.

Budget Estimate for this project is approximately $204,000.

Bidders Bond: Each bid must be accompanied by cash, cashier’s check, certified check, or bidder’s bond made payable to the City of Visalia for an amount equal to at least ten percent (10%) of the amount of bid, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract.

Prevailing Wages: Under the requirements of Labor Code section 1782 passed by SB7 and in compliance with City of Visalia Ordinance 2014-13, this public works project is subject to (State) prevailing wages as specified in this document and attachments. Ten (10) days before the closing date of the bid, the project manager will review the prevailing wage rates enclosed with this bid for updates. If changes are made, these will be included as an addendum to this bid request.

License Requirements: No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and holds a valid Class A – General Engineering Contractors License or a Class B – General Building Contractors License or a Class C-15 Flooring and Floor Covering Contractors License.

Use of Subcontractors: Your proposal may include subcontractors provided a Class A or B Contractors License is held and you should clearly delineate the responsibilities of each of those participants within your proposal. However, the City will recognize the party legally signing the Bid Proposal as prime contractor and contacting party, who, as such, will assume ultimate responsibility for ensuring compliance with the specifications, terms and conditions of the Invitation to Bid.

Required Bonds: The Bidder(s) awarded contract(s) pursuant to this RFB will be required to provide to the City of Visalia: a “Performance Bond” and a separate “Labor and Material Payment Bond” each in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”. According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M.

Best A: VIII rated surety.

Contractor shall provide a One year “Maintenance Bond” in the amount of 100% of the contract amount. Maintenance Bond shall be submitted to the Project Manager prior to final payment request. Maintenance period shall begin at project completion date and remain in effect for one year.

III. INSTRUCTIONS

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

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

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

From: Bidder’s Name Bidder’s Mailing Address

To: City of Visalia Purchasing Division 707 W. Acequia Avenue Visalia, California 93291

In lower left-hand corner of envelope, mark bid as follows:

PROJECT: RFB 25-26-55, Replacement of Flooring at Anthony Community Center Gymnasium

BID SUBMITTAL DEADLINE: 2:00 P.M. on Thursday, September 17, 2026

4. Submit the entire Section 2 (Bidding and Contract Documents pgs. 20-38). This section includes bid form, affidavits, required statements, and any other documents that are required to submit a bid. City may not consider Bids which are not accompanied by the required completed forms.

In addition, a security deposit of no less than 10% of the Bid amount is required to guarantee the Bid.

City will not consider Bids which are not accompanied by the required security. Security may be made by certified check, cashier’s check, or Bidder’s bond. Forfeiture of Bid security shall be governed by California Contract Code Section 20172-20174.

5. Bids/RFP’s must be received prior to the date and time stated. Bids received after the Bid Deadline will be rejected. Bids may be shipped via Fed Ex or UPS or may be hand-delivered during normal business hours.

Delivery of Bid: When sending a bid via Fed Ex, UPS, etc., it is the responsibility of the Bidder to ensure that Bid is received during open office hours. Office Hours are 7:30am – 5:00pm Monday through Thursday. We are closed on Fridays and major holidays. Bids are not delivered or received when office is closed.

The City utilizes an outside service for delivery and sorting incoming mail, and therefore, mailing a bid via U.S.

Mail is not recommended as there could be a delay in receiving bids by the deadline. Bids must be received prior to the deadline. The City will not accept a postmark as evidence of delivery.

Night Drop Box: If delivering a bid after hours, a Night Drop Box is located at Visalia City Hall, 707 W. Acequia Avenue, Visalia, CA 93291. Enter the west parking lot of the building off of Stevenson Street. The Drop Box is labeled “Night Drop” and is located on the building across from the bicycle racks. The Night Drop Box should only be utilized if City Offices are Closed. The Night Drop Box is checked prior to the bid deadline.

6. Inquiries: Instructions to Bidders, Specifications and Bid Forms may be obtained by visiting our web site at visalia.gov/purchasing or by calling (559) 713-4334. To prevent misinterpretations, the Purchasing Division would prefer that all questions regarding this RFB be sent by email to: purchasing@visalia.gov.

Deadline for submitting questions regarding this project is Friday, September 4, 2026 at 4:00 p.m.

IV. SCOPE OF WORK/PROJECT SPECIFICATIONS

The City of Visalia seeks to replace approximately 8,250 square feet of existing rolled rubber flooring installed at the Anthony Community Center Gymnasium, 343 N Jacob St, Visalia, CA 93291. The successful contractor shall provide all labor, equipment, tools and materials necessary to install the improvements detailed below and shall submit to the Project Manager specifications and samples of all furnished products within ten (10) working days after receiving notice to proceed. The work will consist of:

Flooring Demolition and Disposal:

o Contractor shall remove and retain all thresholds and associated hardware installed within doorways along the periphery of the existing roll rubber flooring.

o Contractor shall remove all transition strips.

o Contractor shall remove all existing wall base.

o Contractor shall remove all existing rolled rubber flooring.

o Contractor shall remove all residual adhesive from concrete pad and area previously covered by wall base molding.

o Contractor shall collect and transport all waste material to an appropriate offsite disposal facility.

o Contractor shall sweep, vacuum and otherwise clean the floor in preparation for surface inspection.

Preparation of Subfloor:

o Contractor shall inspect the concrete pad according to the instructions provided in the flooring manufacturers installation guide (See Exhibit C as example) and according to ASTM F710. In the event that manufacturer provided instructions are not available or are limited in scope, the contractor shall at a minimum inspect the concrete pad to identify the following types of anomalies.

Any remaining adhesives, paint, wax, oil, grease or other elements that would inhibit proper adhesion of the new flooring to the concrete pad.

Any surfaces which are deteriorating or otherwise structurally unsound.

Any cracks with vertical deflection.

Any surfaces that are 1/8” or greater out of plane over a 10’ radius.

Any cracks greater than or equal to 1/8” in maximum width.

o Contractor shall present findings to the Project Manager who shall confirm which anomalies will be addressed.

o Contractor shall address the identified anomalies according to the flooring manufacturer’s installation guide and ASTM F710. In the event no such manufacturer’s instructions are available, or fail to explicitly address the identified anomalies, the following steps shall be proposed by the contractor to the flooring manufacturer as measures to be taken to ensure a level and structurally sound base for the flooring installation. Contractor shall obtain and submit to the City’s representative written endorsement from the flooring manufacturer for all subsurface preparation measures to be taken. All measures shall be completed to the satisfaction of the flooring manufacturer and the City’s representative. Possible corrective measures may include the following:

Removal of all surface elements which inhibit new flooring adhesion.

Removal of all weak surfaces down to a level deemed structurally sound. Removed areas to be backfilled with high quality Portland cement based patching or leveling compound.

Grind flush all cracks with vertical deflection such that surface is flat within 1/8” over a

10’ radius.

Grind flush all high points found to be greater than 1/8” out of plane.

Moderate Crack Remediation:

Grind along full length of crack which exceed 1/8” in maximum width to produce a 3/4" deep and 1/4” wide groove.

Thoroughly clean the groove.

Press 1/4” backer rod into full length of groove base.

Slightly over fill the groove with high quality Portland cement based patching or leveling compound.

Allow to fully cure and grind surface flush.

Severe Crack Remediation:

Grind along full length of crack exceeding 1/4” in maximum width to produce a 1” deep x 1/2” wide “V” groove.

Thoroughly clean the groove.

Press 1/2” backer rod into full length of groove base.

Slightly over fill groove with high quality Portland cement based patching or leveling compound.

Grind surface flush.

Thoroughly clean the concrete slab and fill any and all low spots found to be greater than 1/8” out of plane with high quality Portland cement based patching or leveling compound.

Project manager and facilities personnel shall be notified when subfloor preparation is complete and shall make final inspection prior to flooring installation.

Furnish and Install New Flooring:

o BASIS OF DESIGN: Mondo Advance PRO (8mm) or equivalent.

o Flooring shall adhere to the following minimum requirements:

composed of 3-layers of vulcanized rubber with a smooth matte finish.

no less than 8mm in total thickness.

Texture: Smooth Matte Color: Mondo Advance Pro L92 Dark Maple or equivalent

Performance: 2mm homogeneous wear layer that exceeds coefficient of friction standards for improved athletic performance water-resistant, non-porous, and durable against moisture.

Shall NOT require periodic sealing, buffing, polishing or other surface treatments (other than cleaning) as part of its standard maintenance.

Shall NOT be floating.

Shall include a manufacturers warranty meeting the following minimum requirements

1 year warranty against manufacturers defects 10 year warranty against excessive wear

Shall conform to the following minimum performance metrics, o The concrete pad shall be thoroughly cleaned and prepped according to the flooring manufacturers installation guide prior to flooring installation.

o The furnished flooring product shall be installed according to the manufacturers’ installation guide (See Exhibit C as example). Wherever possible, contractor shall adhere to the following installation methods:

Floor space shall be squared with center lines along the length and width of the space.

Contractor shall ensure that flooring segments are installed in the following manner:

Orient long seams east and west, parallel to the length of the space.

Orient short seams north and south, parallel to the width of the space.

Stagger short seams.

Follow the center lines along the length and width of the space in a consistent pattern extending outward from the center of the room to the periphery along the walls.

Short or cut segments shall only be used as make up pieces along the periphery provided their usable area allows for consistency with the established pattern.

Adhesive shall be applied such that the flooring base is uniformly bonded to the concrete pad and the seems are bonded to each other.

Finished floor shall be flat, uniform, devoid of gaps and consistently anchored to the subsurface.

o The contractor shall clear the floor of all scrap and debris at the completion of the installation to present the finished surface for inspection.

o The City’s representative shall be notified when floor installation is complete and shall make final inspection prior to application of court markings and installation of wall base. Inspection shall consist of a spot check to ensure adherence to the requirements of this section as well as durability against common wear.

Furnish and Install New Wall Base:

o BASIS OF DESIGN: Johnsonite or equivalent.

o Wall base shall adhere to the following minimum requirements:

Shall be vinyl.

Shall be 6” high and 1/8” thick.

Shall include toe.

Shall be black.

Shall be installed with the use of adhesive.

Shall include a minimum 2 year warranty against manufacturers defects Shall conform to the following minimum performance metrics o The surface on which the wall base will be installed shall be cleaned such that it is free of dust, moisture and any loose or weak material.

o Wall base shall be installed along the entire perimeter of the floor.

o In locations where protrusions or obstacles exist which interfere with the wall base installation the contractor shall, Notify the Project Manager of the area of interference.

Modify the wall base, at the Project Managers direction, to be installed such that it clears the area of interference allowing for secure adhesion to the wall.

o Base shall be adhered to the wall using a high quality acrylic latex-based adhesive such as Henry

440 or equivalent.

o Base shall be applied to the wall with sufficient force to eliminate all visible gaps between the mating surfaces.

o All excess adhesive shall be removed.

o After completion the City’s representative shall spot test the wall base to ensure to ensure adherence to the requirements of this section as well as durability against common wear.

Furnish and Install Thresholds and Transitions Strips o Contractor shall furnish replacement doorway thresholds, comparable to those existing.

o Transition strips shall be new and shall adhere to the following minimum requirements, Shall not present a tripping hazard.

Shall secure and protect the flooring edge.

Shall be of a color similar to that of the new roll rubber flooring.

Shall be solid rubber.

Application of Court Markings:

o Court marking shall adhere to the dimensions and colors detailed in Exhibit B.

Performance Criterion Test Method Requirement Result

General Performance ASTM F1861 Resistance to heat/light aging, chemicals, and dimensional stability

Meets or exceeds requirements

Flexibility — No cracking, breaking, or fatigue when bent around a 1/4" (6.4 mm) diameter cylinder

Pass

Chemical Resistance ASTM F925

Resistance to: 5% acetic acid, 70% isopropyl alcohol, mineral oil, 5% sodium hydroxide, 5% hydrochloric acid, 5% sulfuric acid, 5% ammonia, 5.25% bleach

Passes: 5% acetic acid, 70% isopropyl alcohol, mineral oil, 5% sodium hydroxide, 5% hydrochloric acid, 5% sulfuric acid, 5% ammonia, 5.25% bleach

Resistance to Light ASTM F1515 ΔE < 8 Pass

Fire Resistance Vinyl Wall Base

ASTM E 648 (NFPA 253) Critical Radiant Flux Class I o Paint shall be similar to GEN-U-LINE 3900 Series Flexible Game Paint. Contractor shall confirm compatibility of the selected paint with the flooring manufacturer. Contractor shall provide Project Manager with the flooring manufacturers written endorsement of the selected paint.

o Markings shall be applied according to the flooring manufacturer’s installation guide. In the event no such instructions are available, the following minimum steps shall be taken, Floor surface shall be thoroughly cleaned such that it is free of debris, dust, grease, residue and moisture.

All markings shall be mapped with high quality painters’ tape or stencil material with an adhesive back. Mapping material shall be applied with sufficient pressure to ensure proper adhesion across the full area.

Paint shall be applied in a minimum of two, thin even coats. Additional coats may be applied if necessary to achieve a solid mark.

Mapping material shall be removed before paint is fully dry to prevent damaging the marks or creating a solid edge.

Contractor shall allow the paint to fully cure according to the manufacturers specifications.

o Contractor shall clear the floor of all scrap, debris and adhesive residue at the completion of the installation to present the finished surface for inspection.

o Project manager shall be notified when court marking is complete and shall make final inspection.

o Contractor shall perform any required final cleaning and/or marking touch up of the finished floor identified during the inspection.

o After completion the City’s representative shall spot test the court markings to ensure to ensure adherence to the requirements of this section as well as durability against common wear.

Clean up:

o Contractor shall collect all waste, debris and scrap material associated with the flooring installation project and transport it to an offsite disposal facility.

o Contractor shall ensure the finished floor is sufficiently clean and ready for use.

o Contractor shall perform final inspection with the Project Manager prior to final departure to ensure completion of project.

Any damage to existing equipment or amenities shall be repaired at the expense of the contractor.

Contractor shall be responsible for cleanup and disposal of all waste materials.

Work to be performed for the Anthony Community Center Gymnasium Flooring Replacement Project shall be compensated at the contract Unit Cost and shall include mobilization, furnishing of all labor, materials, tools, equipment and incidentals to complete the installation of new flooring in accordance with this bid request and as directed by the City’s Project Manager and per the City of Visalia Engineering Standard Specifications & Amendments to provide fully completed improvements. No additional payment will be made.

At conclusion of the work, the Awarded Contractor shall provide the City of Visalia Project Manager with a signed Contractor’s affidavit that labor codes were followed, and prevailing wage rates were paid. The affidavit must be submitted to the City Project Manager prior to final payment. A sample Contractor’s Affidavit is included with this RFB.

Awarded Contractor shall follow the requirements of the City of Visalia Labor Compliance Manual (which is made a part of this RFB and contract).

V. PRE-BID MEEINGS

Mandatory Pre-Bid Meetings. The meetings will be held at the jobsite: Anthony Community Center Gymnasium, 343 N. Jacob Street, Visalia, CA 93291 as follows:

Monday, August 31, 2026 at 10:00am, and Tuesday, September 1, 2026 at 10:00am

Bidder is required to attend at least one of the Mandatory Pre-Bid meetings in order to be eligible to submit a bid.

Information on the project will be available during the meetings and time is designated for Contractors to ask questions about the work/contract. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

VI. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, September 17, 2026 at 2:00 P.M. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be read aloud and summarized on a Bid Summary sheet. The bid summary sheet is open to public inspection at the Bid opening and after the City has made an Intent to Award decision. Other Bid information will not be available for public review during the evaluation phase.

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

After the award, the City intends that its selection process will be open and public. Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act.

The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VII. AWARD

1. Most Responsive, Responsible Bidder. A contract shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the lowest bidder whose bid is deemed both responsive and responsible and meets the criteria and specifications set forth in this RFB. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

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

VIII. PROTESTS/APPEALS

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

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

and

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

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

4. Further levels of appeal may be made in accordance with the appeals provision contained in Chapter 5 of the

City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.

IX. POST AWARD RESPONSIBILITIES

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

2. Post Award/Pre-Construction Meeting. Subsequent to the award of contract, the Contractor or Construction

Superintendent; as well as all identified subcontractors shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting. Additionally, this conference will be the forum to notify Contractors and subcontractors about labor standards compliance. At that time, Contractor shall furnish a schedule showing the tentative starting and completion dates. Contractor is responsible to arrange this meeting.

City Project Manager: Bret Adams Department: Parks & Recreation

3. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the

Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.

4. Insurance. Contractor shall obtain and maintain the minimum insurance coverage as outlined in the Sample

Contract Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work on the project.

5. Required Bonds: The Bidder(s) awarded contract(s) pursuant to this RFB will be required to provide to the City of Visalia: a “Performance Bond” and a “Labor and Material Payment Bond” each in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”. According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.

Contractor shall provide a One year “Maintenance Bond” in the amount of 100% of the contract amount.

Maintenance Bond shall be submitted to the Project Manager prior to final payment request. Maintenance period shall begin at project completion date and remain in effect for one year.”

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

X. SPECIAL CONDITIONS

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

2. Payment for Extra Work.

This section supersedes and replaces the extra work and force account markups specified in Section 9-5 “Payment for Extra Work” and related sections from the City of Visalia Engineering Standard Specifications. The markups listed in this section shall be used for all lump sum, fixed fee, force account, or similar type change orders where bid unit prices do not apply.

The City may order extra work or make changes by altering, adding to, or deducting from the Work via Change Order. Additionally, new and unforeseen work will be classified as extra work when such work cannot be covered by any of the various items or combination of items for which there is a bid price.

All Change Order work shall be performed under the same terms and conditions of the original description of the Work, except for any extension of completion times necessitated by said Change Order(s). Certified payrolls shall be submitted with each billing for extra work.

The value of any additional work ordered by the City shall be determined as follows:

A. By unit prices in the Construction Services Agreement or the Contract; or

B. By estimate and acceptance in a lump sum; or

C. By a fixed fee; or

D. By force account.

The Contractor shall do no extra work except upon written order from the Engineer. For such extra work the Contractor shall receive payment as previously agreed upon in writing, or Contractor shall be paid on force account. In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss to life and/or property. The Contractor shall immediately notify the Engineer of any work performed under this provision. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be reviewed and determined as provided in this section.

A. Materials: Material payment is full compensation for materials the Contractor furnishes and uses in the work.

The City reserves the right to furnish such materials required as it deems expedient and the Contractor shall have no claim for profit or other overhead on the cost of such materials. The Engineer determines the cost based on the material purchase price, including delivery charges, except:

a. Fifteen percent (15%) markup is added

b. Supplier discounts are subtracted whether the Contractor took them or not

c. If the Engineer believes the material purchase prices are excessive, the City pays the lowest current wholesale price for a similar material quantity

d. If the Contractor procured the materials from a source the Contractor wholly or partially owns, the determined cost is based on the lower of the:

i. Price paid by the purchaser for similar materials from that source on Contract items

ii. Current wholesale price for those materials

e. If the Contractor does not submit a material cost record within 30 days of billing, the determined cost is based on the lowest wholesale price:

i. During that period

ii. In the quantities used

B. Equipment: For all equipment that is necessary, the Contractor shall receive the current prices in the locality which shall have been previously determined and agreed to in writing by the Engineer and by the Contractor, plus fifteen percent (15%). The current State Labor Surcharge and Equipment Rental rates book shall be used to resolve any equipment rental rate disagreements.

a. Equipment rental rates includes the cost of:

i. Fuel, Oil, Lubrication, Supplies, Small tools, necessary attachments, repairs and maintenance, depreciation, storage, insurance, and other incidentals.

ii. The City does not pay for small tools consumed by use. This is considered included in the markup rate.

b. If the work is being done by Force Account, the City will only pay for the hours the equipment is operating on the Extra Work item.

c. The Engineer shall direct the Contractor to use the equipment factors listed in the current State Labor Surcharge and Equipment Rental Rates book to determine the compensation amount as the Engineer deems appropriate.

C. Labor: For all labor that is necessary, the Contractor shall receive the actual amount paid for labor including benefits (health and welfare, pension, vacation, training, other state and federally recognized fringe benefit payments) as shown on certified payrolls or the current prices in the locality which shall have been previously determined and agreed to in writing by the Engineer and the Contractor, whichever is less, plus thirty percent (30%). The 30% markup consists of payment for all costs of bonds, insurance, overhead and profit for the work, described further as follows:

a. The City does not allow a labor surcharge markup so this 30% markup includes compensation for the following: worker’s compensation insurance, social security, Medicare, Federal unemployment insurance, State unemployment insurance, State training taxes, and other similar items.

b. The 30% markup also consists of payment for all overhead costs related to labor but not designated as costs of the labor used in the direct performance of the work, including:

i. Home office overhead

ii. Field office overhead

iii. Bond costs

iv. Profit

v. Labor liability insurance

vi. Other fixed or administrative costs that are not costs of the labor used in the direct performance of the work.

c. The City does not pay for labor travelling to or from the jobsite.

D. For all extra work performed by a first-tier subcontractor, the Contractor shall receive actual cost of the work plus ten percent (10%). For all extra work performed by second-tier subcontractor, the first-tier subcontractor shall receive the actual cost of the second-tier subcontractor work plus five percent (5%). The total maximum markup between the Contractor and all lower tier subcontractors shall not exceed twenty percent (20%) regardless of how many lower tier subcontractors are included in the change order. These markups consist of payment for the cost of bonds, insurance, overhead and profit for the work. Likewise, for subcontracted work deleted from the contract, the Contractor shall provide an additional ten percent (10%) percent or five percent (5%) percent credit respectively for all materials, labor, and equipment. This shall not apply to the reduction of unit priced bid item quantities specifically identified in the contract Bid Schedule.

E. For work deleted from the contract, the Contractor shall provide an additional fifteen percent (15%) credit on all materials, labor, and equipment. This shall not apply to the reduction of unit priced bid item quantities specifically identified in the contract Bid Schedule.

Markups on any subcontractor change order or extra work shall not exceed the markups in this section.

All extra work and/or force account work shall be documented daily upon report sheets prepared and furnished by the Contractor, and signed by the Contractor and the Engineer, which daily reports shall thereafter be considered the true record of extra work or force account work done. The Contractor shall be responsible for providing full labor, equipment, and materials breakdowns for approval on all change orders and extra work.

Daily reports shall be submitted no later than the second working day following the work for labor and equipment involved and no later than the fifth working day for material invoices and specialized forces. Unless otherwise permitted by the Engineer, no payment will be made for extra work if it has not been reported within the time and in the manner specified.

The Contract Price, or the amount due the Contractor will only be reduced/increased after the Change Order has been reviewed and authorized by the City of Visalia Change Order Committee. Contractor shall provide all supporting documentation needed for a complete change order request package.

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

4. Clean Up. Prior to acceptance and final payment, Contractor shall clean up the site of work, and any areas occupied by Contractor in connection with the project.

5. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.

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

7. Project Site/Existing Utilities and Structures.

(1) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities and the like.

(2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.

i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.

ii. If damage occurs to an unknown utility, Contractor shall repair the utility.

iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so.

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

9. Labor

(1) Workmanship. Workmanship shall be equal to the best general practice of modern-day floor replacement and good construction practice.

(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner.

10. Control of Materials:

(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the

Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project.

(2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor.

City shall be the sole judge as to the adequacy of any item for substitution.

(3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

11. Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project.

12. Materials and Shop Drawing Submittals. If applicable, Contractor shall submit to Project Manager for approval, two (2) copies of the materials list and detailed dimensional shop drawings covering all Contractor-furnished items of equipment. Prior approval by Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.

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

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

XI. GENERAL CONDITIONS

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

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

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

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

2. 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.

3. Post-Closing Date Corrections are prohibited.

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

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

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

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

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

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

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

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

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

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

14. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call (559)713- 4326 for more information.

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

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

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

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

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

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

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

22. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be…