Hanford City Council
November 4, 2025

City Council Meeting
Agenda
November 4, 2025
7:00 PM – Regular Meeting
Council Chambers
400 N. Douty St.

Council Members will meet in-person in the Council
Chambers. The meeting will also be lived streamed on the City’s website: http://livestream.hanford.city/

4:00 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:

ROLL CALL BY THE CITY CLERK:

PUBLIC COMMENT:

Study Sessions are considered Special Meetings under the Brown Act. Accordingly, comments from the public are limited to items listed on the agenda (GC 54954.3a). Public Comment will be accepted during each agenda item. A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

STUDY SESSION:

A. Kings County Farm Bureau presentation
B. Carnegie Museum of Kings County annual report/update to the Hanford City Council C. Kings–Tulare HSR Station Transit-Oriented Development (TOD) and Connectivity Plan and Cross Valley Corridor (CVC) Rail Service Planning Project Presentation CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC 54957)

Title: City Attorney

CALL TO ORDER REGULAR SESSION:

ROLL CALL:

INVOCATION:

Pastor Bobby Guerra
FLAG SALUTE:

CLOSED SESSION ACTION REPORT:

RECOGNITION:

A. Recognition of Retired Teachers Week Proclamation (November 2–8) Presented to California Retired Teachers Association, Kings County Division 30 PUBLIC COMMENT:

This is the time for citizens to comment on subject matters within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

CONSENT CALENDAR:

Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

A. Waive reading in full of resolutions and ordinances and approval and adoption of same by reading the title only.

B. Administration: Approval of Amendment No. 5 of the License Agreement between the Carnegie Museum of Kings County and the City of Hanford to extend the term of the agreement until December 31, 2026.

C. City Attorney: Approval of Settlement and Release Agreement with Guadalupe Celis D. Community Development: Approval of Revised Resolution No. 20-18-R Amending the Previously Approved Resolution Supporting an Application for Funding under the Permanent Local Housing Allocation (PLHA) Program.

E. Community Development: Approval of the second reading and adoption of Ordinance 2025-10, approving Zone Text Amendment No. 2025-13, a request to amend Table

17.08.030 Commercial, Office, and Industrial Use Table and 17.96.020 Land use definitions in order to allow Banks or Credit Unions in the C-N, C-R, MX-D, MX-C and MX-N Zones.

F. Parks and Community Services: Approval to award the on-call Arborist services to West Coast Arborist and Arboreal at a cost not to exceed $120,000 G. Parks and Community Services: Approval to award the tree procurement and delivery bid to Fonseca Nursery (Hanford, CA) to provide the 600 trees to be planted in conjunction with the City's Urban and Community Forestry grant in the amount of $76,175.95.

H. Public Works: Approval of an approriation of $449,237.50 from fleet reserve fund 0448 and sole source procurement, using Sourcewell Contract #110223 for one (1) side load refuse truck from Haaker Refuse of Hayward, CA in the amount of $449,237.50 and declare refuse truck #341 surplus and authorize the sale of truck #341.

I. Police: Approval of the purchase of an animal control transport body from Diamond Truck Body Manufacturing Inc. (Stockton, CA) and upfitting of unit #119 in the amount of $52,200.90, and appropriation of the total amount from the Fleet Replacement Reserve to cover the cost.

J. Finance: Acceptance and authorization for staff to File the City of Hanford's Quarterly Investment Portfolio and Transactions Reports as of 09/30/25.

GENERAL BUSINESS:

A. Administration: Adoption of Limited Public Forum Social Media Policy and adoption of Resolution 25-63-R, amending the Handbook of Rules and Procedures to include the addition of personal social media usage for elected and appointed officials.

B. Administration: Consider approval of an updated City Attorney Legal Services Contract with Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. and the City of Hanford and authorize the Mayor to execute an updated agreement for a flat monthly fee of $52,000 or consider alternatives, including issuance of a Request for Proposals.

COUNCIL REPORTS/GENERAL REPORTS:

Brief information-only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expenses (AB1234).

ITEMS FOR FUTURE AGENDAS:

At this time, any Council Member may ask a question for clarification or may request a matter, which is not otherwise scheduled on a City Council agenda, to be placed on a future agenda. The Council Member referring the item shall provide sufficient information as to the nature of the item. The City Council, by concurrence of a majority, may direct the City Manager to put the item on a future agenda. (GOV. CODE SEC. 54954.2) A. Council Future Agenda Items
B. Upcoming Events and Important Dates:

November 18: Regular City Council Meeting
November 22: Winter Wonderland opens through January 11, 2025, Tickets and Information
November 28: Hanford Christmas Parade 6:00 pm
November 27 & 28: City Offices will be closed in observance of Thanksgiving.

ADJOURNMENT:

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available to public inspection in the City Clerk’s Office located at 319 N. Douty Street, Hanford, California 93230, during normal business hours. Such agendas are also available at the city’s website, www.cityofhanfordca.com subject to staff’s ability to post the agenda before the meeting. If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s office, 559-585-2515, 319 N. Douty Street, Hanford, California 93230, at least 2 days prior to the meeting {28 CFR 35.102.35.104 ADA Title II}

4.A.

AGENDA

STAFF REPORT

MEETING DATE: 11/4/2025 AGENDA SECTION: STUDY SESSION

SUBJECT:

Kings County Farm Bureau presentation

RECOMMENDATION:

Recommendation: This is an informational item from the Kings County Farm Bureau.

Recommended Motion:No motion required.

BACKGROUND:

This is an informational item from the Kings County Farm Bureau.

FISCAL IMPACT:

None

ATTACHMENTS:

None

4.B.

AGENDA

STAFF REPORT

MEETING DATE: 11/4/2025 AGENDA SECTION: STUDY SESSION

SUBJECT:

Carnegie Museum of Kings County annual report/update to the Hanford City Council

RECOMMENDATION:

Recommendation: Receive an annual update from the Carnegie Museum of Kings County.

Recommended Motion: Informational item — No motion is required.

BACKGROUND:

This is an annual update from the Carnegie Museum of Kings County to the Hanford City Council.

FISCAL IMPACT:

None

ATTACHMENTS:

None

4.C.

AGENDA

STAFF REPORT

MEETING DATE: 11/4/2025 AGENDA SECTION: STUDY SESSION

SUBJECT:

Kings–Tulare HSR Station Transit-Oriented Development (TOD) and Connectivity Plan and Cross Valley Corridor (CVC) Rail Service Planning Project Presentation

RECOMMENDATION:

Recommendation: Provide input on the Kings–Tulare HSR Station Transit-Oriented Development (TOD) and Connectivity Plan and Cross Valley Corridor (CVC) Rail Service Planning Project BACKGROUND:

At the February 7, 2023, City Council meeting, the Council authorized staff to pursue a Sustainable Communities Grant to evaluate and guide land use planning along Lacey Boulevard and within the Kings–Tulare High-Speed Rail (HSR) Station area. The City submitted an application for the Kings– Tulare HSR Station Transit-Oriented Development (TOD) and Connectivity Plan and Cross Valley Corridor (CVC) Rail Service Planning Project and was subsequently awarded $650,000 in grant funding from Caltrans.

The project supports transit-oriented development, economic revitalization, and multi-modal connectivity. It guides land use planning along Lacey Boulevard and around the Kings–Tulare HSR Station, enhances connections between Downtown Hanford and the Kings–Tulare Station, expands mobility choices and connectivity along the Cross Valley Corridor, and promotes an efficient and integrated transportation system.

A Request for Proposals was issued for the preparation of project documents, and Perkins & Will was selected as the consulting firm.

Early in the planning process, City staff and the Perkins & Will team established a Partners Working Group to provide input on the project scope and priorities. Three meetings were held with the Partners Working Group to guide the planning process, and two public outreach events were conducted during Thursday Night Market to gather community feedback. All project planning documents have been informed by input from the Partners Working Group, the public, and City staff.

Included with this agenda item are the draft land use map, draft open space framework, draft connectivity and street hierarchy, and draft bike network developed through this process. At this stage, staff is presenting the draft documents based on all input received. The final TOD guidance documents will be brought to the City Council for formal approval at a later date, likely before the end of the year. Once adopted, these documents will guide future land use and planning decisions for the TOD area.

FISCAL IMPACT:

No impact

ATTACHMENTS:

1. TOD Exhibits

Community
Workshop
Hanford Night Market
May 2025

What We Heard From
the Community?

Connectivity and
Street Hierarchy
• Extend the street grid from the
City of Hanford limits into the
HSR TOD area
• A multi-modal loop which :

- Crosses the CVC corridor

- Links to key arterial roads

- Creates cohesive connectivity
throughout the 1000 acre TOD
site
Community + Connectivity

Connectivity and
Street Hierarchy
• Shaped by climate analysis
• Block size informed by historical
Downtown Hanford block
dimensions
• Results in a dynamic, walkable
street grid
400’
270’
Community + Connectivity

Street Sections
Grangeville Boulevard
Florinda Avenue
Lacey Boulevard
Community + Connectivity
• All 80’ bi-directional multi-modal streets that connect to the existing street grid of the city of Hanford
• Separated and protected bikepaths
• Grangeville and Lacey Boulevards act as major
public transit corridors.

Bike Network
Legend
Class I Shared Use Paths
Class IV Separated Bikeways
Class III Bike Routes
Class III Bike
(East - West)
Class I Bike
(CVC Corridor)
Class IV Bike
North- South
Community + Connectivity
Class I
Class III
Class IV

Green Patches
(0.5 - 5 Acres)
Open Space
Framework
Environment
Hubs (10+ Acres)
Corridors
An ecological framework that
supports natural processes,
reduces habitat fragmentation,
establishes wildlife corridors,
promotes native plant
communities, and provides space
for showcasing sustainable
farming practices.

Environment
Shaded Bike lanes and
Pedestrian paths
Biodiversity
Corridors
Community
gardens
Biodiversity
Corridors
Maximing wind flow
along North-
South direction
Landscaped buffers
Native oak habitat for
shade as well as a rich
host of biodiversity
Green Corridors
Green Streets Green Alleys Oak Habitat

Environment
Stormwater Recharge Zone Regenerative Agriculture
Hubs
Cool the surrounding
through evapotranspirationHumidifying dry winds
Increase
biodiversity
Acquifer
recharge
Trees as buffer to reduce
particulate pollution
Improve soil quality
Rotational Grazing
for livestock
Increase
biodiversity
Sequesters CO2
in the soil
Pollinator
Corridors

Environment
Patches
Bio Retention Pocket Park Green Roofs
Biodiversity habitat
zone
Acquifer
recharge
Shaded pedestrian
paseos connecting
patches
Biodiversity
corridors
Photovoltaics
and green roofs
Rooftop community
gardens
Stepping stones
to continue
biodiversity
corridors
Recreation spaces
for children

Land Use
Balanced
Land Use Mix
Mixed Use
Low Density Housing
Production & Innovation
Institutional
Parking
Hub/Open Space/Buffers
Agriculture
Legend

Land Use
< 40 du/acre
40+ du/acre
Legend
Proposed
Residential Densities

Land Use
Mixed UseMixed Use
Key Map
Community Facilities
with access from
public pocket park
Linear patch
that acts as stepping
stone for biodiversity

Land Use
Low Density
Key Map
Townhomes with green
alleys along the North-
South direction

Land Use
Production & Innovation
Key Map
Better
Pedestrian network
in an industrial
environment
Green Pocket Parks
as relief
for employees

Land Use
Institutional
Ag Tech Campus
Open Orchard
Agriculture processing
Farmers Market
Pavillion
Vertical
Garden
Greenhouses
Habitat Patch
Tomato and
Annual Ctrops
Forage
Zone
Pistachios,
Olives and Lemons
Agroforestry
Patch

HSR TOD Concept

13.B.

AGENDA

STAFF REPORT

MEETING DATE: 11/4/2025 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of Amendment No. 5 of the License Agreement between the Carnegie Museum of Kings County and the City of Hanford to extend the term of the agreement until December 31, 2026.

RECOMMENDATION:

Recommendation: That the City Council, by motion, approve Amendment No. 5 of the License Agreement between the Carnegie Museum of Kings County and the City of Hanford to extend the term of the agreement until December 31, 2026.

BACKGROUND:

The Carnegie Museum of Kings County (CMKC) has occupied the City's Carnegie building since June 2021 and has made significant improvements to the property and hosted several different exhibits. By all measures of success, CMKC has done a great job of developing their museum and building a reputation for offering items and exhibits that are of value to the citizens of Hanford. As the City and CMKC continue to work towards a long-term lease or the possible sale of the property located at 109 E. Eighth Street, both parties agree that it is of mutual interest to extend the term of the current Agreement.

The major points of the Agreement are as follows:
• Term: CMKC may occupy the property during the period January 1, 2026 through December 31, 2026.
• License Fee: CMKC will pay ten dollars ($10.00) to the City for the right to occupy the property.
• Day-To-Day Maintenance: CMKC will be responsible for the day-to-day maintenance of the property, and CMKC will be allowed to paint the interior walls and ceilings of the former library building and make any other upgrades with the consent of the City Manager.

FISCAL IMPACT:

The maximum financial responsibility to the City, under the current agreement, was capped at $10,000 and has already been met, leaving no further obligation to the City.

ATTACHMENTS:

1. CMKC Letter of Intent 2026

2. CMKC Amendment No. 5 to License Agreement

13.C.

AGENDA

STAFF REPORT

MEETING DATE: 11/4/2025 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of Settlement and Release Agreement with Guadalupe Celis

RECOMMENDATION:

Recommendation:It is recommended that the City Council approve the Settlement and Release Agreement with Guadalupe Celis and direct staff to take all necessary action to carry out the terms of the settlement for $100,000.

Recommended Motion: I move to approve the Settlement and Release Agreement with Guadalupe Celis and direct staff to take all necessary action to carry out the terms of the settlement for $100,000.

BACKGROUND:

Guadalupe Celis filed a complaint against the City of Hanford on October 9, 2024, following an incident which occurred on November 25, 2022, in which Ms. Celis fell into an underground duct located at the intersection of Brown and 7th while attending the City of Hanford Christmas Parade.

Ms. Celis was attending the City of Hanford's Chrismas Parade on November 25, 2022, when she fell into an underground duct located in a flowerbed on the northwest corner of the intersection of Brown and 7th Streets, which Ms. Celis alleges was approximately four feet deep. The underground duct was covered by a piece of rotted plywood, and there were no caution cones or markers prior to the incident or at the time of the incident. Ms. Celis indicated in her deposition that her right leg and foot fell into the underground duct while her left leg and foot remained outside the underground duct and were bent backwards. Ms. Celis alleges that shortly after the incident occurred, she overheard a conversation between two City of Hanford employees in which one employee allegedly placed blame on the other employee for failing to inspect the underground duct. Ms. Celis was taken to Adventist Medical Health where she underwent multiple tests, including CT scans and x-rays of her lower extremities. The tests indicated no evidence of fracture, malalignment, or joint effusion, but noted soft tissue edema and osteoarthritis. Further testing after the incident revealed that Ms. Celis has a torn meniscus, but it is disputed that such injury resulted from the incident on November 25, 2022. Plaintiff has reported constant piercing neck and lower back pain, as well as numbness in her knee and foot.

Plaintiff has received additional medical treatment, including physical therapy and steroid injections, to deal with the residual pain and leg, foot, and lower back injuries. If the matter went to trial, it is expected that Ms. Celis would also claim non-physical injuries, including anxiety, depression, and lost wages. Ms. Celis alleged Premises Liability (Dangerous Condition of Public Property) and alleged $500,000.00 in damages.

Trial in this matter was set for May 18, 2026.

The parties attended mediation on October 1, 2025, with retired Judge Patrick O'Hara. This mediation was successful. The parties negotiated a settlement in the amount of $100,000.00. The terms of the settlement are set forth in the attached Settlement and Release Agreement. The City's insurer, PRISM, was closely involved and approved the settlement amount.

Although the damages numbers presented by Ms. Celis are contested, the cost of trial, along with the possible award that a jury may be inclined to award, are potentially much higher than the settlement amount.

FISCAL IMPACT:

The City's self-insured retention amount is $100,000, and PRISM will pay the portion of the settlement, fees, and costs in this matter that exceed $100,000.

ATTACHMENTS:

1. Settlement Agreement

13.D.

AGENDA

STAFF REPORT

MEETING DATE: 11/4/2025 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of Revised Resolution No. 20-18-R Amending the Previously Approved Resolution Supporting an Application for Funding under the Permanent Local Housing Allocation (PLHA) Program.

RECOMMENDATION:

Recommendation: That the City Council, by motion, adopt revised Resolution No. 20-18-R.

BACKGROUND:

In July 2020, the City applied for $1,532,808 in funding to support local affordable housing efforts. At that time, the City Council approved a resolution authorizing the submittal of the application. The funding was made available through the State of California’s Permanent Local Housing Allocation (PLHA) program, administered by the Department of Housing and Community Development (HCD).

In 2021, HCD informed the City that the allocation had been increased to $1,772,808.

The City of Hanford’s proposed five-year plan activities included:

1. Providing $240,000 in secondary financing for the Parkside single-family affordable homeownership project developed by Self-Help Enterprises.

2. Allocating the remaining funds as financing for the development of an affordable multifamily housing project by UPHoldings and Self-Help Enterprises, serving households with incomes at or below 60% of the Area Median Income (AMI). The project also included permanent supportive housing (PSH) units for families with incomes at or below 30% of AMI.

3. Allowing up to five percent of each annual allocation to be used for administrative costs associated with the management of the plan. Staffing and overhead costs directly related to carrying out eligible activities were considered “activity costs” and were not subject to the cap on administrative costs.

To date, a total of $1,260,106 has been provided as pass-through funding toward these activities.

In October 2020, the State Department of Housing and Community Development (HCD) directed the City to use an updated version of the referenced resolution. The required revisions included

adding Statement 4 and removing Statement 5, which pertained to an inapplicable delegation clause. These updates did not alter the City’s original application, which the Council previously approved; staff brought the resolution into compliance with the State’s updated requirements.

On October 15, 2025, HCD requested a further update to the resolution language. Specifically, the agency advised that the resolution reference a position title rather than an individual’s name to align with current guidance. In response, Item 11 of the resolution has been revised, removing Mario Cifuentez and retaining only the title of City Manager. These changes do not affect the substance of the City’s application but ensure compliance with HCD’s current requirements.

FISCAL IMPACT:

No Impact

ATTACHMENTS:

1. 20-18-R Revised

Resolution 20-18-R (revised 9/8/2021, 10/16/2025)

CITY OF HANFORD

AUTHORIZING RESOLUTION OF CITY OF HANFORD

AUTHORIZING THE APPLICATION FOR THE PERMANENT LOCAL HOUSING

ALLOCATION PROGRAM
[All, or A necessary quorum and majority] of the council members of City of Hanford: a municipality (“Applicant”) hereby consents to, adopts and ratifies the following resolution:

A. WHEREAS, the Department is authorized to provide up to $195 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a re-opening of Notice of Funding Availability (“NOFA”) dated 10/23/2020 under the Permanent Local Housing Allocation (PLHA) Program;
C. WHEREAS City of Hanford is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA $1,772,808 in accordance with all applicable rules and laws.

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

5. Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation

6. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

7. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

8. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

9. Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. Such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government- approved underwriting of the Project for a term of at least 55 years.

10. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines, and any other applicable SB 2 Guidelines published by the Department.

11. City Manager is authorized to execute the PLHA Program Application, the PLHA Standard Agreement, and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

PASSED AND ADOPTED at a regular meeting of the City of Hanford this day of , by the following vote:

AYES: _______________________________________
ABSTENTIONS: _________________________________
NOES: _______________________________________
ABSENT: _______________________________________

_____________________________________
Signature of Approving Officer
TRAVIS PADEN, MAYOR of the City of Hanford
INSTRUCTION: The attesting officer cannot be the person identified in the resolution as the authorized signor.

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of NATALIE ORTEGA, CITY CLERK does hereby attest and certify that the [foregoing / attached] Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of Hanford which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:

Signature of Attesting Officer

NATALIE CORRAL, CITY CLERK

13.E.

AGENDA

STAFF REPORT

MEETING DATE: 11/4/2025 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of the second reading and adoption of Ordinance 2025-10, approving Zone Text Amendment No. 2025-13, a request to amend Table 17.08.030 Commercial, Office, and Industrial Use Table and 17.96.020 Land use definitions in order to allow Banks or Credit Unions in the C-N, C- R, MX-D, MX-C and MX-N Zones.

RECOMMENDATION:

Recommendation: That the City Council, by motion, waive and adopt the second reading of Ordinance 2025-10, approving Zone Text Amendment No. 2025-13, a request to amend Table

17.08.030 Commercial, Office, and Industrial Use Table and 17.96.020 Land use definitions in order to allow Banks or Credit Unions in the C-N, C-R, MX-D, MX-C and MX-N Zones.

BACKGROUND:

City staff have evaluated the need to amend the Hanford Municipal Code to address limitations on where banks and credit unions may establish branches. Under the current regulations, the main branch of a bank or credit union must be located within the MX-D (Downtown Mixed Use) zoning district, while secondary branches are permitted within the C-N (Neighborhood Commercial), MX-D, MX-C (Corridor Mixed Use), and MX-N (Neighborhood Mixed Use) zoning districts.

This restriction has created challenges due to the limited availability of suitable sites within the MX-D zone, which has constrained the ability of banks to locate and serve the community effectively. The lack of available sites has limited opportunities to provide banking services to residents and businesses in areas outside the downtown core.

To address this issue, staff are proposing an amendment to the Municipal Code that would allow all banks and credit unions to locate in the C-N, C-R (Regional Commercial), MX-D, MX-C, and MX-N zoning districts. Expanding the list of permitted zones would significantly increase the number of viable locations for banks in the community.

This change would support economic development policies in the Hanford General Plan by encouraging investment in business growth, while still maintaining the intent of the City’s zoning framework.

Applicable General Plan policies that support the change include:

Policy E5 Business Growth and Retention Program
Develop and support a business growth and retention program that promotes, encourages, and

assists existing businesses in Hanford.

Policy E11 Business-Friendly City
Strengthen the reputation of Hanford’s city government as one that is service-oriented and business friendly.

The Hanford Planning Commission has recommended the approval of the zone text amendment.

In taking action on a Zone Text Amendment, the City Council must make the appropriate findings, in accordance with the Hanford Municipal Code:

1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and this title;

ANALYSIS: That according to General Plan Policy E5 and E11, the City of Hanford shall support business growth and retention. The revision of the Hanford Municipal Code is consistent with the policies of the General Plan, as it continues support business growth.

2. The amendment would not be detrimental to the public health, safety, or welfare of the community;

ANALYSIS: That the revision of the Hanford Municipal Code is not detrimental to the public health, safety, or welfare of the community.

3. The amendment would maintain the appropriate balance of land uses within the City;

ANALYSIS: That the amendment will maintain the appropriate balance of land uses within the City of Hanford. The zone text amendment would expand opportunities for banks to locate in additional commercial zones.

4. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses;

ANALYSIS: That the zone text amendment would be compatible with existing and future surrounding uses as the proposed zones are compatible with bank uses.

FISCAL IMPACT:

No impact

ATTACHMENTS:

1. Ordinance 25-10

2. Proposed Bank Ordinance

3. Notice of Exemption

ORDINANCE NO. 25-10

AN ORDINANCE APPROVING ZONE TEXT AMENDMENT NO. 2025-13, A REQUEST BY THE CITY OF HANFORD TO APPROVE ZONE TEXT AMENDMENT NO. 2025-13 AND AMEND TABLE 17.08.030 COMMERCIAL, OFFICE, AND INDUSTRIAL USE TABLE AND

17.96.020 LAND USE DEFINITIONS IN ORDER TO ALLOW BANKS OR CREDIT UNIONS IN

THE C-N, C-R, MX-D, MX-C AND MX-N ZONES

The City Council of the City of Hanford does ordain as follows:

SECTION 1: The Hanford Municipal Code Title 17, the Zoning Ordinance contains regulations to ensure the public health, safety, peace, comfort, convenience, prosperity and general welfare of the citizens of Hanford, including zoning categories, allowed uses and development standards.

SECTION 2: The City Council has held a public hearing on the amendment to Title 17, Table 17.08.030 and 17.96.020 Bank or Credit Union Definition: a request by the City of Hanford to amend Title 17, Table

17.08.030 and Section 17.96.020 updating Table 17.08.030 to allow banks and credit unions in additional zones, removing requirements for first branches of banks and credit unions to be located in the MX-D zone, and revising the definition of “Bank or credit union” to create a single category definition.

SECTION 3: The City Council finds that the adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to the following section of the CEQA Guidelines, 14 Cal. Code of Regulations, Chapter 3.

a) The ordinance is exempt under Section 15061(b) (3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 4: The proposed amendment was evaluated for consistency with the General Plan and the Zoning Ordinance in accordance with Sections 17.86.030 and based on the following findings:

1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and this title;

ANALYSIS: That according to General Plan Policy E5 and E11, the City of Hanford shall support business growth and retention. The revision of the Hanford Municipal Code is consistent with the policies of the General Plan, as it continues support for business growth.

2. The amendment would not be detrimental to the public health, safety, or welfare of the community;

ANALYSIS: That the revision of the Hanford Municipal Code is not detrimental to the public health, safety, or welfare of the community.

3. The amendment would maintain the appropriate balance of land uses within the City;

ANALYSIS: That the amendment will maintain the appropriate balance of land uses within the City of Hanford. The zone text amendment would expand opportunities for banks to locate in additional commercial zones.

4. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses;

ANALYSIS: That the zone text amendment would be compatible with existing and future surrounding uses as the proposed zones are compatible with bank uses.

SECTION 5: The City Council of the City of Hanford does ordain that Title 17 is hereby amended, as shown in Exhibit A.

SECTION 6: That the ordinance shall take effect thirty (30) days after its passage, and shall be published once in the Hanford Sentinel within fifteen (15) days after its passage or a summary of this ordinance shall be published in the Hanford Sentinel in a manner consistent with the requirements of the California Government Code.

Passed and adopted at a regular meeting of the City Council of the City of Hanford duly called and held on November 4, 2025, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED

____________________________
Travis Paden
MAYOR of the City of Hanford

ATTEST:

________________________
Natalie Corral

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss

CITY OF HANFORD )

I, NATALIE CORRAL, City Clerk of the City of Hanford, do hereby certify the foregoing ordinance was duly introduced at a regular meeting of the City Council of the City of Hanford on the 4 th day of November, 2025, and it was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the ____ day of ____, 2025.

NATALIE CORRAL

CITY CLERK

Table 17.08.030
Commercial, Office, and Industrial Use Table
Land
Uses
Service uses C-
N
C-
R
C-
S
C-
H
MX-
N
MX-
C
MX-
D
O-
R O
I-
L
I-

H AP PF CO

J2 Bank or credit union, main
branch
P P

P P P

J3 Bank or credit union,
secondary branch
P

P P P

17.96.020 Land use definitions.

The following land use definitions apply to this title. The item number in parenthesis at the end of the definition is not a part of the definition, but refers to the line item of that land use in Table 17.18.020 and Table 17.18.030.
"Bank or credit union , main branch" means an institution providing retail banking services that is the main branch in the City. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding a payday lender or check-cashing establishment. For administration, headquarters, or other offices of banks and credit unions without retail banking services with on-site circulation of money see Office, professional or commercial. (J2) "Bank or credit union, secondary branch" means an institution providing retail banking services that is a secondary or satellite branch in the City and either does not provide loan officers on site or only provides merchant bank services. This classification includes only those institutions engaged in the on- site circulation of money, including credit unions, but excluding a payday lender or check-cashing establishment. For administration, headquarters, or other offices of banks and credit unions without retail banking services with on-site circulation of money see Office, professional or commercial. (J3)

Notice of Exemption 2025-XX

To: Office of Planning and Research
P.O. Box 3044, Room 212
Sacramento, CA 95812-3044

County Clerk
County of Kings
Kings County Government Center
Hanford, CA 93230

From: City of Hanford
317 North Douty Street
Hanford, CA 93230

Project Title: Zone Text Amendment No. 2024-01

Project Location – City of Hanford

Project Location – City: Hanford Project Location – County: Kings County

Description of Nature, Purpose and Beneficiaries of Project: Zone Text Amendment No. 2025-13, a request to amend:

Table 17.08.030 Commercial, Office, and Industrial Use Table and 17.96.020 Land use definitions in order to allow Banks or Credit Unions in the C-N, C-R, MX-D, MX-C and MX-N Zones.

Name of Public Agency Approving Project: City of Hanford, Planning Division

Name of Person or Agency Carrying Out Project: City of Hanford

Exempt Status: (check one)

Ministerial (Sec. 21080(b)(1); 152698);
Declared Emergency (Sec. 21080(b)(3); 15269 (a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption: State type and section number:

Statutory Exemption. State code number: 15061(b)(3) General Rule

Reasons why project is exempt:

The proposed ordinance is exempt under Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed project is a text amendment that is not associated with a physical development; therefore, there are no physical impacts that will result from the project.

Lead Agency
Contact Person: Jason Waters Area Code/ Telephone: (559) 585-2590

Signature: Date: September 23, 2025 Title: Deputy City Manager

Signed by Lead Agency Date received for filing at OPR:

Signed by Applicant

13.F.

AGENDA

STAFF REPORT

MEETING DATE: 11/4/2025 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval to award the on-call Arborist services to West Coast Arborist and Arboreal at a cost not to exceed $120,000

RECOMMENDATION:

Recommendation: By motion, Award the on-call arborist services to West Coast Arborists and Arboreal to provide technical assistance in conjunction with the USDA Forest Service Urban and Community Forestry grant at a cost not to exceed $120,000.

Recommended Motion: I move to award the on-call arborist services to West Coast Arborists and Arboreal to provide technical assistance in conjunction with the USDA Forest Service Urban and Community Forestry grant at a cost not to exceed $120,000.

BACKGROUND:

In October 2025, the City was awarded $1,000,000 through the USDA US Forest Service Urban and Community Grant. The purpose of the grant is to establish and adopt a comprehensive Urban Forest Master Plan and to plant 600 new trees within the next two years. The grant budget below provides an overview of the budget categories and allocated funding/

Under the grant budget, an on-call arborist is needed to:
• Advise the City on tree-related matters
• Make recommendations to the City of Hanford's Urban Forestry Master Plan • Work with City staff to implement the best urban forest management practices

• Provide Arborist Reports, review all heritage tree permit requests, and make recommendations to the Parks and Recreation Commission
• Assess trees for risk as needed and provide recommendations for mitigation • Provide tree pruning training to City staff
• Lead and instruct volunteers during tree planting events

On September 17, 2025, the City released the Request For Qualifications (RFQ 2026-03)for On-Call Certified Arborists through the Hanford Sentinel newspaper, BidNet, and other professional exchanges. The RFQ closed on October 19, 2025. The City received two proposals for West Coast arborists and Arboreal. The proposals were evaluated on the following criteria:

Staff evaluated the proposals and provided the following ratings:

Rater
West Coast
Arborist Arboreal
Rater 1 93 79.5
Rater 2 92 82
Rater 3 98 98
TOTAL 283 259.5

Both West Coast Arborist and Arboreal are qualified for the scope of work. Based on the evaluation rating, the staff recommends that West Coast Arborists serve as the primary on-call arborist, with Arboreal as the secondary. Within the grant budget, $120,000 is allocated for on-call arborist

services. Based on the hourly rate, this will provide up to 369 hours of on-call professional arborist services (as needed).

FISCAL IMPACT:

The USDA Forest Service Urban and Community Forestry grant budget provides funding for on-call arborist services, not to exceed $120,000.

ATTACHMENTS:

1. Notice of Intent to Award

2. West Coast Arborists, Inc.

3. Arboreal Consulting

FINANCE DEPARTMENT | 315 N. DOUTY ST. HANFORD, CA 93230 559.585.2152 | WWW.HANFORD.CITY

October 28, 2025

RE: Notice of Intent to Award RFQ 2026-03
On-Call Certified Arborist Services

NOTICE OF INTENT TO AWARD PROJECT-REVISED

The City of Hanford has completed the review process for RFQ 2026-03, On-Call Certified Arborist Services. As a result of the solicitation process, the City received two (2) proposals and intends to award contracts to both consultants for the on-call services. Consultants awarded are as follows:

• West Coast Arborists, Inc.
• Arboreal Consulting

Please note that services cannot commence until approval from City Council ha s been obtained and a final contract has been signed. The tentative City Council meeting is Tuesday, November 4, 2025. This letter serves as Notice of Intent to Award this project.

The City of Hanford wishes to express its appreciation for your time, effort, and interest in this solicitation. If you have any questions, please contact the Purchasing Division at [email protected].

Sincerely,

Purchasing Division

RFQ 2026-03
On-Call Certified Arborist Services
1 SAMPLE AGREEMENT FOR SERVICES

This Agreement for Services (“Agreement”) is made and entered into this 4th day of November, 2025, by and between the City of Hanford, a municipal corporation (“City”), and West Coast Arborists, Inc. (“Consultant”).

RECITALS

A. Consultant represents to City that they are specially trained, experienced, licensed, and competent to perform the services which will be required by this Agreement; and

B. Consultant represents to City that it possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render Certified Arborist services as set forth in this Agreement.

NOW THEREFORE, in consideration of the mutual covenants set forth herein for such other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

1) Retention of Consultant. Subject to the terms and conditions set forth herein, City retains Consultant to perform the services identified in this Agreement, as an independent contractor and Consultant hereby accepts this independent contractor appointment.

2) Scope of Services and City Responsibilities.

a) Consultant shall perform the services (“Services”) and City shall have the responsibilities described on the attached Exhibit “A,” which is incorporated herein by reference. To the maximum extent possible, the terms of the body of this Agreement and Exhibit “A” shall be interpreted so they are consistent; however, if there is a direct and irreconcilable conflict between the text of this Agreement and Exhibit “A,” the former shall control.

b) Consultant shall correct any and all errors and/or omissions, which arise out of Consultant’s negligence or intentional misconduct, in the performance of the Services and any documents resulting therefrom even though City has accepted said Services or documents. Consultant shall make such corrections upon City’s request and at no cost or expense to City.

3) Time of Performance. The Consultant will have an initial performance period of two (2) years from the date of fully executed agreement, with the possibility of up to three one-year extensions. The contract shall not, in any case, exceed fi ve (5) years. Services shall be completed according to the tasks identified in the attached Exhibit “A.”

4) Compensation. Compensation to be paid to Consultant shall be in accordance with the attached Exhibit “A.” Payment by City under this Agreement shall not be deemed a waiver of errors, even if such errors were known to City at the time of payment.

5) Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultants’ bills shall include a brief description of the Services performed and the date the Services were performed the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than sixty (60) calendar days after the date of submittal of an invoice for completed tasks and approval of the invoice by City staff.

6) Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by the City to be necessary for the proper completion of the Services, but which is not included in Exhibit “A.” Extra work will be performed on terms agreed upon by the parties. Consultant shall not perform, nor be compensated for Extra Work without written authorization from the City.

7) Termination. This Agreement may be terminated by City immediately and without notice for cause or by City without cause upon ten (10) days’ written notice of termination to Consultant. Upon termination, Consultant shall be entitled to compensation for Services performed up to the effective date of termination, unless this Agreement is terminated for cause, in which case, City may withhold compensation due Consultant in order to reimburse City for any losses, damages or expenses caused by Consultant’s default under thi s Agreement.

8) Ownership of Documents. All plans, studies, documents and other writings and electronic disks containing drawings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request.

However, the City’s use of completed documents for other projects and/or the use of uncompleted documents without the written authorization of Consultant will be at the City’s sole risk. City shall, to the fullest extent permitted by law, indemnify and hold harmless the Consultant from all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from any unauthorized reuse of, or changes to the Project Documents not performed by the Consultant.

9) Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to use, modify, reuse or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data, electronic or otherwise, recorded on computer diskettes which are prepared or caused to be prepared by Consultant under this

Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted non-exclusive and perpetual license for any Documents & Data the subcontractor prepared under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. The City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purpose intended by this Agreement shall be at the City’s sole risk.

City shall, to the fullest extent permitted by law, indemnify and hold harmless the Consultant from all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from any unauthorized reuse of or changes to the Project Documents not performed by the Consultant.

10) Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the Services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name, insignia, photographs, or the project for which Consultant’s Services are rendered, or any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, t rade paper, newspaper, television or radio production or other similar medium without the prior written consent by City. Notwithstanding the foregoing, City acknowledges that the Consultant may want/need to include projects performed under this Agreement on proposals for similar work in the future. City hereby grants permission to list any projects performed under this agreement for marketing purposes; provided however, Consultant will not make any representations regarding City’s satisfaction with Consult ant’s work product unless Consultant receives a written statement or evaluation from City.

11) Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any employee or applicant for employment because 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 . Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s programs or guidelines currently in effect as identified and provided to Consultant by City.

12) Insurance Requirements.

a) Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies.

i) Workers Compensation Coverage . As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than ONE MILLION AND NO/100 DOLLARS ( $1,000,000) per accident for bodily injury or disease.
ii) Commercial General Liability (CGL) Coverage. Insurance Services Office (ISO) Form CG 0001, including products and completed operations, with a limit of no less than TWO MILLION AND NO/100 DOLLARS ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, and a general aggr egate limit of no less than FOUR MILLION AND NO/100 DOLLARS ($4,000,000).

iii) Automobile Liability Coverage. ISO Form Number CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned),with a limit no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury and property damage.

iv) Professional Liability Coverage. Consultant will maintain Professional Liability Insurance coverage in an amount not less than TWO Million Dollars ($2,000,000) per occurrence or claim and a general aggregate limit of no less than Two Million ($2,000,000).

If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

Consultant’s insurance policies shall be “occurrence” policies and not “claims made.”

Consultant may maintain an Umbrella policy in conjunction with the insurance policies referenced above. In such case, Consultant shall be deemed to have satisfied the insurance requirements of this contract as long as: (i) the coverage limits of the Umbrella policy and of the underlying liability policy(ies), when combined, satisfy each of the per occurrence and aggregate requirements identified in this section; and (ii) coverage under the Umbrella policy is as broad as and includes all incidents and events covered by the underlying insurance that it supplements.

b) Any deductibles or self-insured retentions must be declared to and approved by City.

The city may require Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Alternatively, City may require Consultant to provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the retention.

c) The policies are to contain, or be endorsed to contain, the following provisions:

i) City and its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations; products used by Consultant; or automobiles owned, leased, hired or

borrowed by Consultant. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33 or CG 20 38 and CG 20 37 if a later edition is used. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees or volunteers.

ii) For any claims related to this contract, Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as to City and its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City and/or its officers, officials, employees, or volunteers shall be in excess of Consultant’s insurance and shall be non-contributory.

iii) Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII

Consultant shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The city reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

d) Consultant hereby grants to City and its officers, officials, employees, and volunteers a waiver of any right to subrogation which any insurer of Consultant may acquire against City and/or its officers, officials, employees, and volunteers by virtue of the payment of any loss under such insurance. Consultant agrees to obtain endorsements necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer.

13) Indemnification. To the fullest extent allowable by law, Consultant agrees to indemnify, defend and hold harmless City and its officials, officers, employees, agents and volunteers from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys’ fees and other expenses which City or its officials, officers, employees, agents or volunteers may sustain or incur as a consequence of or are in any way related to Consultant’s or its owners, directors, officers, managers, employees, agents and subcontractor’s willful misconduct or negligent acts or omissions in the performance of the services and Consultants responsibilities and obligations to be performed under this agreement or its failure to perform or comply with any of its obligations or responsibilities contained in this agreement; excluding, however, such liability, claims, losses, damages or expenses arising from City’s sole or active negligence or willful misconduct. This duty to indemnify, defend, and hold harmless shall survive the termination of this agreement.

14) Independent Contractor Status. It is understood and agreed that the Consultant, in the performance of the Services to be performed pursuant to this Agreement, shall act as and be

an independent contractor and shall not act as an agent or employee of City. Consultant shall obtain no retirement benefits or other benefits which accrue to City’s employees and Consultant hereby expressly waives any claim it may have to any such rights. Nothing in this Agreement shall create or be construed as creating a partnership, joint venture or any other relationship between City and Consultant.

15) Consultant’s Books and Records.

a) Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement.

b) The consultant shall maintain all documents and records that demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

c) Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City. Copies of such documents should be provided to the City for inspection at City offices.

d) Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request, require that custody of the records be given to City and that the records and documents be maintained in City offices. Access to such records and documents shall be granted to any party authorized by the Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

16) Interest of Consultant. Consultant and its owners, members, or shareholders, as applicable, covenant and represent that they do not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any othe r source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s Services hereunder.

Consultant further covenants and represents that in the performance of the Services hereunder, to the best of its knowledge no person having any such interest shall perform any Services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:

a) will conduct research and arrive at conclusions with respect to rendition of information, advice, recommendation, or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and

b) possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation, or counsel. FPPC Reg. Sec. 18700, et seq.

17) Professional Ability of Consultant . City has relied upon Consultant’s representations regarding its training and professional ability to perform the Services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled personnel to pe rform all Services under this Agreement. The primary provider of the Services called for by this Agreement shall be Victor Gonzalez who shall not be replaced without the written consent of City. All work performed by Consultant under this Agreement shall be in accordance with the applicable professional standard care and shall meet the local professional standard of quality ordinarily to be expected of competent persons in Consultant’s field of expertise working in Kings County.

18) Compliance with Laws. The consultant shall use the proper standard of care in performing the Services and shall comply with all applicable federal, state and local laws, codes, ordinances and regulations in effect at the time the agreement is executed. In addition, if the request for proposal to provide services which are the subject of this Agreement cited any federal or state financial assistance involved in the project for which the Services are provided, the Consultant shall perform all services in accordance with all applicable federal and state laws, rates and regulations in effect at the time the agreement is executed.

19) Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and insurance which are legally required of Consultant to lawfully and competently perform the Services. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, and insurance which are legally required of Consultant to lawfully and competently perform the Services. Consultant shall maintain a City of Hanford business license.

20) Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience, and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City, which will not be unreasonably withheld. Consultant shall not subcontract any portion of the Services to be performed under this Agreement without the express written consent of City, which will not be unreasonably withheld. If the City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall: (i) create any contractual relationship between City and subcontractor; (ii) create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor; (iii) or relieve Consultant of any of its obligations and responsibilities under this Agreement.

21) Attorneys’ Fees. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs, and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction

and venue of the Superior Court for the County of Kings, State of California for any proceeding arising hereunder.

22) Sole and Only Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters.

Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other agreement, statement or promise shall be valid or binding.

23) Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

24) Amendment. No change, amendment or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto.

25) Governing Law. This Agreement shall be construed and governed pursuant to the laws of the State of California.

26) Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

27) Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

28) Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or result from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

29) Executive Order N -6-22 – Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding economic sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. Government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from, entering any new contracts with individuals or entities that are determined to be a target of economic sanctions. Accordingly, should the State determine Contractor is a target of economic sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement.

The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty (30) calendar days to provide a written response. Termination shall be at the sole discretion of the State.

30) Authority to Enter Agreement . Consultant has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

31) Notice. Except as otherwise expressly provided herein, any notice, consent, authorization or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or e-mail if receipt is acknowledged by the addressee, one business day after being deposited for next- day delivery with a nationally recognized overnight delivery service, or three business days after being mailed by first class mail, charges and postage prepaid, property addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows:

CITY OF HANFORD CONSULTANT

Chris Tavarez Patrick Mahoney
City of Hanford West Coast Arborists, Inc.
319 N. Douty 2200 E. Via Burton Street
Hanford, CA 93230 Anaheim, CA 92806

IN WITNESS WHEREOF, the parties have executed this Agreement effective on the day and in the year first set forth above.

CITY

CITY OF HANFORD,
a Municipal Corporation

By:__________________________________

CHRIS TAVAREZ
Interim City Manager

CONSULTANT

WEST COAST ARBORISTS, INC.

By:___________________________________

PATRICK MAHONEY
President

EXHIBIT “A”

Scope, Timeframe, and Compensation for Services

Click or tap here to enter text.

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35 PROPOSERS CHECKLIST

SUBMIT THIS PROPOSER’S CHECKLIST WITH YOUR PROPOSAL DOCUMENTS.

Proposers shall complete and submit all documents marked with an “X” in the “REQUIRED” column for bids to be considered responsive.

REQUIRED

Fee Schedule
All issued Addenda
Ownership Disclosure Form
California Levine Act Statement
Non-Collusion Affidavit (included in Federal/State requirements clauses) Workers’ Compensation Insurance Certificate (included in Federal/State requirements clauses) Equal Employment Opportunity Compliance Certificate (included in Federal/State requirements clauses) Americans with Disabilities Act Compliance Certificate (included in Federal/State requirements clauses) Drug Free Workplace Certificate (included in Federal/State requirements clauses) Iran Contracting Act Certificate (included in Federal/State requirements clauses) Federal and State Requirements Acknowledgement

SUBMITTED BY:

Name of Company _________________________________________________________ Contact Name _____________________________________________________________ Address _________________________________________________________________ City ______________________ State ______________ Zip _________________ Phone No. _____________________ Fax No. ___________________________________ Consultant’s D.I.R. Number __________________________________________________

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23 FEDERAL AND STATE REQUIREMENTS
This project is supported, in whole or in part, by federal funds awarded to City of Hanford by the U.S. Department of Agriculture, Forest Service Urban and Community Forestry Grant.

All federal procurement requirements provided in Uniform Guidance 2 CFR Part 200 shall be in effect. In addition, the following terms and conditions apply to you, the contractor (including consultants/vendors), as a contractor of the City of Hanford.

The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general,

1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g., subcontract or sub-agreement).

2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services.

3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor, or service provider.

1. ACCESS TO RECORDS (42 CFR 420.302)
(A) The Contractor agrees to provide the City of Hanford, the U.S. Department of Treasury, the Comptroller General of the United States, HHS, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed and agrees to cooperate with all such requests. (B) The Contractor agrees to provide the Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (C) No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States.

2. AMERICANS WITH DISABILITES ACT COMPLIANCE (42 U.S.C. 12101 et seq) By submission of a bid, the BIDDER, certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract, Agreement, or Purchase Order. By commencing performance of the work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

3. BIDDER’S STATEMENT ON PREVIOUS CONTRACTS SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:

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

The BIDDER has has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required

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24 compliance reports signed by proposed sub-BIDDERS will be awarded prior to award of subcontracts.

If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on Standard Form 100 “Employee Information Report EEO -1” prior to award of this contract, agreement, or purchase order.

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

4. BONDING REQUIREMENTS (2 CFR 200.326)
The BIDDER acknowledges the requirement for construction or facility improvement contracts, agreements, or purchase orders or subcontracts exceeding the Simplified Acquisition Threshold. The City of Hanford accepts the bonding policy and requirements in compliance with Federal guidelines as set forth below:
(A) A Bid Guarantee from each bidder equivalent to 10% of the bid price. The Bid Guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the BIDDER will, upon acceptance of the BID, execute such contractual documents as may be required within the specified time.
(B) A Performance Bond on the part of the CONTRACTOR for 100% of the contract price. A Performance Bond is one executed in connection with a contract to secure fulfillment of all the contractor’s requirements under such contract.
(C) A Payment Bond on the part of the CONTRACTOR for 100% of the contract price. A Payment Bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

5. BUILD AMERICA, BUY AMERICA ACT (2 CFR 200.1 – IIJA; 49 U.S.C. 5323(J); 49 CFR 661) Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:
(A) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (B) “Manufactured products” means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

6. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. § 1352, as amended) Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or a n employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

7. CERTIFICATE OF NONSEGREGATED FACILITIES (FAR 52.222-23) (A) “Segregated facilities”, as used in this provision, means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities

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25 provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. (B) By the submission of a bid, the Bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract, agreement, or purchase order.
(C) By submission of the bid, the Bidder further agrees that (except where it has obtained identical certification from proposed SUBCONTRACTORS for specific time periods) it will:
i. Obtain identical certification from proposed SUBCONTRACTORS before the award of subcontracts under which the SUBBIDDER will be subject to the Equal Opportunity clause; ii. Retain such certifications in its files; and
iii. Forward this certification and the following notice to the proposed SUBCONTRACTORS:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR

CERTIFICATION OF NON-SEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the Equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontrac ts during a period (i.e. quarterly, semi-annually, or annually).
(D) By commencing performance of the contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

8. CERTIFICATION REGARDING COMPLIANCE WITH FEDERAL FUNDING REQUIREMENTS The BIDDER hereby assures and certifies that it will comply with the federal requirements, regulations, policies, guidelines, and requirements with respect to the acceptance and use of Federal Funds for this federally assisted project.

9. CERIFICATION REGARDING LOBBYING (31 CFR Part 21)
The BIDDER certifies, to the best of their knowledge and belief, that:
(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(C) The undersigned shall require that the language of this certification be include in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The BIDDER certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the BIDDER understands and agrees that the provisions of 31 U.S.C. Ch. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

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26 10. CLEAN AIR ACT (42 U.S.C. 7401 -7671) & FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251-1387; 49 CFR 18.36) (applies to purchases of more than$150,000) (A) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (B) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (C) The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City of Hanford and understands and agrees that the City will report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327 through 333) (applies only to purchases over $100,000, when laborers or mechanics are used) Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

12. COPELAND “ANTI-KICKBACK” ACT (40 U.S.C. 3145)
CONTRACTOR must comply with the Copeland ‘‘Anti‐Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). Under the Copeland ‘‘Anti‐ Kickback’’ Act, the CONTRACTOR and all subcontractors are prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The CITY must report all suspected or reported violations to the Federal awarding agency.

13. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 3141-3148)
Applies to purchases for construction services in excess of $2,000. The Contractor must comply with the Davis- Bacon Act (40 U.S.C. 3141 -3144 and 3146- 3148) as supplemented by Department of Labor regulations. In accordance with the Davis-Bacon Act, the Contractor is required to pay wages to laborers and mechanics at a rate of not less than the prevailing wages specified in a wage determination made by the U.S. Secretary of Labor. In addition, the Contractor is required to pay wages not less than once per week. The City must provide Contractor with a copy of the current prevailing wage determination issued by the U.S. Department of Labor with respect to the services to be provided under the subject Agreement. The Contractor’s execution of the subject Agreement constitutes the Contractor’s acceptance of the wage determination. The City must report all suspected or reported violations to the Federal Awarding Agency.

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27 14. DOMESTIC PREFERENCE STATEMENT (2 CFR 200.322)
As appropriate and to the extent consistent with the law, the BIDDER should, to the greatest extent practicable under a Federal award, provide a preference to the purchase, acquisition, or use of goods, products, or materials produce in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts, agreements, and purchase orders for work or products under this award.

15. DEBARMENT AND SUSPENSION (2 CFR 180; 49 CFR 29, 18.35) (A) This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the Contractor is required to verify that none of Contractor’s principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
(B) The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (C) This certification is a material representation of fact relied upon by the City of Hanford. If it is later determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to remedies available to the C ity, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(D) The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.
(E) (Executive Orders 12549 and 12689) — By execution of this Agreement, CONTRAC TOR certifies to the CITY that it is not a party listed on the government‐wide exclusions list in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension,’’ and is not debarred, suspended, or otherwise excluded from the award of a federally‐supported contract under statutory or regulatory authority other than Executive Order 12549.

16. DRUG-FREE WORKPLACE CERTIFICATION (41 U.S.C. 8103)
The BIDDER certifies compliance with Government Code Section 8355 in matters relating to providing a drug - free workplace. The BIDDER will:
(A) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). (B) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees of all the following:
i. The dangers of drug abuse in the workplace,
ii. The person’s or organization's policy of maintaining a drug-free workplace, iii. Any available counselling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees for drug abuse violations. (C) Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract, agreement, grant, or purchase order:
i. Will receive a copy of the company’s drug-free workplace policy statement, and ii. Will agree to abide by the terms of the company’s statement as a condition of employment on the contract, agreement, grant, or purchase order.
(D) At the elections of the BIDDER or CONTRACTOR, from and after the “Date Executed” and until __________ (NOT TO EXCEED 36 MONTHS), the government agency will regard this certificate as valid for all contracts, agreements, grants, or purchase orders entered into between the BIDDER and this government agency without requiring the BIDDER to provide a new and individual certificate for each

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28 contract, agreement, or purchase order. If the BIDDER elects to fill in the blank date, then the terms and conditions of this certificate were separately, specifically, and individually provided for each contract, agreement, or purchase order between the BIDDER and this government agency.

17. EQUAL OPPORTUNITY (EXECUTIVE ORDER 11246)
Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Except as otherwise provided under 41 CFR Part 60, if this Agreement meets the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3, then during the performance of this Agreement, the CONTRACTOR agrees as follows:

(A) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, d emotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on be‐ half of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (C) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investiga tion conducted by the employer, or is consistent with the CONTRACTOR’S legal duty to furnish information.
(D) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR’S commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (E) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (F) The CONTRACTOR will furnish all infor mation and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (G) In the event of the CONTRACTOR’S noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246

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29 of September 24, 1965, and such other sanctions may be im‐ posed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(H) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the CITY may direct
as a means of enforcing such pro‐ visions, including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub‐contractor or vendor as a result of such direction by the CITY, then the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work.
(I) The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Ex ecutive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the pro‐ gram with respect to which the failure or ref und occurred until satisfactory assurance of future compliance has been received from the CITY; and refer the case to the Department of Justice for appropriate legal proceedings.

18. SEAT BELT USE IN THE UNITED STATES (EXECUTIVE ORDER 13043 & 62 CFR 19217) Contractors are encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company-owned, rented or personally owned vehicles.

19. IRAN CONTRACTING ACT CERTIFICATION (PUBLIC CONTRACT CODE SECTION 2200 et seq.)
As required by California Public Contract Code Section 2204, the BIDDER/CONTRACTOR certifies, subject to penalty for perjury, that the option checked below relating to the BIDDER/CONTRACTOR’S status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq) is true and correct:

___ (A) The BIDDER/CONTRACTOR is not:
i. Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
ii. A financial institution that extends for 45 days or more, credit in the amount of $20,000,000 or more

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30 to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ___ (B) The City has exempted the BIDDER/CONTRACTOR from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant t o the contract, agreement, or purchase order.
___ (C) The amount of the contract, agreement, or purchase order payable to the BIDDER/CONTRACTOR for the project does not exceed $1,000,000 over the life of the contract, agreement, or purchase order (up to 5 years).

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the contract, agreement, or purchase order amount, termination of the contract, agreement, or purchase order amount, and/or eligibility to bid on contracts for three years.

20. MINORITY AND WOMEN BUSINESS ENTERPRISES (EXEC ORDERS 11625, 12138, and 12432) Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise). Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction, and services. Affirmative steps shall include the following:

(A) Including qualified women’s business enterprises and small and minority businesses on solicitation lists. (B) Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources.
(C) When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises. (D) Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority businesses. (E) Using the services and assistance of the Small Business Administration, and the U.S. Office of Minority Business Development Agency of the Department of Commerce; and (F) If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in (A) - (E) above.

For the purposes of these requirements, a Minority Business Enterprise (MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of the following groups: Black, Hispanic, Asian or Pacific Islander, American Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women.

21. NON-COLLUSION AFFIDAVIT (CALIFORNIA PUBLIC CONTRACT CODE SECTION 7106) The BIDDER certifies, under the PENALTY OF PERJURY under the laws of the State of California that the below statement is true and correct:

That the BID is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the BID is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham BID, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham BID, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER of any other BIDDER, or to fix any overhead profit, or cost element of the bid price, or of that of any other BID DER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, agreement, or purchase order; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly

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31 or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham BID.

22. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract.

23. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323)
(A) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
i. Competitively within a timeframe providing for compliance with the contract performance schedule. ii. Meeting contract performance requirements; or
iii. At a reasonable price.
(B) Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
(C) Contractor agrees to comply with all other applicable requirements of Section 6002 - Solid Waste Disposal Act.

24. PROHIBITION ON CERTAIN TELECOMMUNICATIONS & VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (Huawei and ZTE) (FAR 52.204-25) Contractor is prohibited from obligating or expending loan or grant funds to:
(A) Procure or obtain.
(B) Extend or renew a contract to procure or obtain; or (C) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonabl y believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

25. RECORDS RETENTION (2 CFR 200.334-337)
(A) Contractor must retain all financial records, supporting documents, statistical records, and all other of its records pertinent to this Agreement for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or CITY. The only exceptions to the three-year limit are the following:

RFQ 2026-03
On-Call Certified Arborist Services
32 i. If any litigation, claim, or audit is started before the expiration of the 3-year period, then the records must be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken.
ii. When the Contractor is notified in writing by the City or Federal awarding agency, cognizant agency for audit, oversight agency for audit, or cognizant agency for indirect costs to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition.
iv. When records are transferred to or maintained by the City or Federal awarding agency, the 3- year retention requirement is not applicable to the Contractor.

26. REDUCING TEXT MESSAGING WHILE DRIVING (EXECUTIVE ORDER 13513-13513 FR 51225) Contractors are encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers.

27. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (37 CFR 401) Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any applicable implementing regulations.

28. WORKERS’ COMPENSATION INSURANCE CERTIFICATE (CALIF LABOR CODE SECT 3700) The BIDDER acknowledges that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self - insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work under this contract, agreement, or purchase order.

29. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS

Notice is hereby given that this is a Public Works Project and is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)). No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

In accordance with the provisions of Section 1770 to 1781 of the Labor Code, the City of Hanford has ascertained that the general prevailing rate of wages applicable to the work being done is as per State of California, County of Kings wage scale that are current and online with the State of California Division of Industrial Relations (DIR) at: https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html.

The Contractor to whom the contract is awarded shall pay not less than the specified wages to all workmen employed in the execution of the contract. Each Contractor awarded a contract must have an agent of the firm to sign documents required by the Califor nia Labor Code and to receive proper state forms for the reporting of certified payroll. Except as may be otherwise required by law, all claims and disputes pertaining to the classification of labor employed on the Project under the Contract Documents shal l be decided by the District’s Labor Compliance Officer.

Nothing contained herein shall be deemed to supersede any applicable laws, orders or regulations issued by competent authority governing wages, hours of work of the employment of labor, nor to condone any violation of such laws, orders or regulations.

RFQ 2026-03
On-Call Certified Arborist Services
33 The Contractor shall post at appropriate conspicuous weatherproof points on the site of the Project a schedule showing the Prevailing Wage Determinations published by the Director of the California Department of Industrial Relations that are applicable to the Project.

Pursuant to the provisions of Division 2, Part 7, Chapter 1, Article 2 of the CALIFORNIA LABOR CODE at SECTION 1770, et seq ., the City has obtained from the Director of the California Department of Industrial Relations the general prevailing rate of per diem wages and the prevailing rate for straight time, holiday time and overtime work in the locality in which the work is to be performed for each craft, classification or type of worker needed to execute the contract, a copy of which is available in the office of the City Engineer.

There shall be paid to each worker of the Contractor or any subcontractor, of any tier, engaged in the work not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contractor or a ny subcontractor, of any tier, and such worker. The Contractor and subcontractors will be required to pay all workers on a weekly basis and to submit the certified payrolls to the Labor Compliance Office weekly.

Contractors shall maintain payrolls and basic records (e.g., timecards, canceled checks, cash receipts, trust fund forms, accounting ledgers, tax forms, etc.) during the course of the work and shall preserve them for a period of three (3) years for workers of all trades at the District’s project sites. Such records shall contain the name, address, and social security number of each worker, his or her classification, the rate of pay (including the rates of contributions for, or costs assumed to provide, fringe benefits), daily and weekly number of hours worked, deductions made, and actual wages paid.

The prime Contractor shall be responsible for ensuring that the labor standards provisions are followed by its subcontractors and shall be responsible for the Labor Code violations of its subcontractors. The City, through its Labor Compliance Officer or it s designee, shall conduct periodic inspections/audits to determine whether the workers of all trades on project sites have been paid according to the prevailing wage rates.

The City, through its Labor Compliance Officer and its consultants, has the duty to enforce the Labor Code public works requirements (Chapter 1 of Part 7 of Divisions 2 and 3 of the CALIFORNIA LABOR CODE). It is the policy of the District to strictly enfor ce the public works prevailing wage requirements set for in the California Labor Code. To that end, Contractors and subcontractors that are found to be repeat violators of the Labor Code are subject to debarment from bidding on, or being awarded, any public works construction contract to the extent provided by law.

Within thirty days of approval, the City shall register the project with the Department of Industrial Relations of a Public Works Contract being awarded to the Contractor using the online electronic form PWC -100. The Contractor and all sub-contractors on the project shall provide their DIR registration numbers for verification of coverage and notification of the project. Contractors and subcontractors must submit certified payroll records to the Labor Commissioner using the DIR’s electronic certified payroll reporting (eCPR) system.

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34 ACKNOWLEDGMENT
The official named below acknowledges that they are duly authorized legally to bind the Bidder/Contractor to the certifications previously listed. They acknowledge that they are fully aware that this certification, executed on the date below, is made under penalty of perjury under State of California and Federal laws.
______________________________________________________________________________

BIDDER/CONTRACTOR FIRM NAME
B
IDDER/CONTRACTOR FIRM MAILING ADDRESS:
______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

FEDERAL ID NUMBER:
______________________________________________________________________________

TELEPHONE NUMBER & EMAIL ADDRESS
B
Y:
______________________________________________________________________________

______________________________________________________________________________

PRINTED NAME & TITLE
_
___________________________

DATE EXECUTED

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36 CITY OF HANFORD, CA

OWNERSHIP DISCLOSURE FOR CONTRACTORS AND CONSULTANTS
(Submit with Proposal)
NAM
ES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

Firm Name: _______________________________________________________________________ Firm Address: _____________________________________________________________________ L
ist the names of all principals, partners, and/or trustees. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:

Subm
itted by:

N
ame ___________________________________________________________________ D
ate ________________________________

RFQ 2026-03
On-Call Certified Arborist Services
37 CALIFORNIA LEVINE ACT STATEMENT
(Submit With Proposal)

California Government Code Section 84308, also known as the “Levine Act,” can prohibit members of the Hanford City Council from participating in any action related to a “license, permit, or entitlement for use” if he or she receives any political contributions, which total more than $250 during the twelve (12) months prior to and for twelve (12) months following the date of a final decision on such “license, permit, or entitlement for use,” from the person or company submitting a proposal or application to the City or any person who is not directly a party to the proposal or application but who actively supports or opposes a particular decision involving a “license, permit, or other entitlement” and who has a financial interest in the decision (“Participant”).

Government Code Section 84308 defines “license, permit, or entitlement for use” as “all business, professional and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competit ively bid, labor, or personal employment contracts), and all franchises.”

The following website contains a list of current Hanford City Council Members, https://cityofhanfordca.com/1269/City-Council. You are responsible for reviewing the names of Hanford City Council Members prior to making the following disclosure:

1. Have you, your company, any agent on behalf of you or your company, or, to the best of your actual knowledge, a Participant made any political contributions of more than $250 to a Hanford City Council Member or a candidate running for Hanford City Council during the twelve (12) months preceding the date of the submission of your proposal or application or the anticipated date of any City Council action related to this proposal or application?

YES:_____ NO:_____

If YES, please identify the City Council Member(s) and/or candidates for Hanford City Council and date(s) of contribution in the space below:

Council Member(s) or Candidate(s) Name Date of Contribution(s):
______________________________ ________________________ ______________________________ ________________________

I declare under the penalty of perjury of the laws of the State of California that the foregoing is true and correct.

Answering YES to the question above does not preclude the City of Hanford from approving a “license, permit, or entitlement for use” for you or your firm or from taking any subsequent action. It does, however, preclude the identified Hanford City Council Member(s) from participating in any actions related to the approval process.

No party, or agent to a party, to a pending proceeding involving a “license, permit, or other entitlement for use” or Participant, or agent to a Participant, shall make a contribution of more than $250 to any City Council Member(s) or City Council candidat e during the proceeding and for twelve (12) months following the date of a final decision is rendered by the City in the proceeding.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the final decision on a “license, permit, or other entitlement for use.” If the above information regarding contributions changes during such twelve (12) month period, then the undersigned is required to update this disclosure form.

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38 _________
______________________________ ____________________
Signature of Authorized Individual Date
_________
______________________________
Printed or Typed Name of Authorized Individual
_________
______________________________
Print or Type Name of Company

Questions & Answers - 1

Solicitation RFQ 2026-03 - On Call Certified Arborist Services Buying Organization City of Hanford
No Question/Answer Question Date
Q1 Question: USDA Award
Can you post a copy of your USDA USFS Urban Forestry Grant Award package? Answer: Clarification of the question was addressed in the Proposal Conference on 9/25/2025.

Consultant asked for deliverables, which can be found in the Scope of Work starting on page 7. 09/17/2025
Q2 Question: Tree Pruning Training
What extent is the “tree pruning training” expected to be? Answer: Training for Hanford City Staff in the form of supervised and guided/instructional pruning with an ISA Cert Arborist one to two times per year would be sufficient to meet the training needs. The once or twice a year training would address trees planted in previous year or two. Training for young tree structural pruning could also include acceptable/prohibited ISA pruning cuts (which apply to mature cuts as well – for example, if there’s a hanging branch that needs to be addressed that can be mitigated without a tree climber or aerial lift.)
09/23/2025
Q3 Question: Bid Guarantee/Bid Bond

there a specific bond form from the City we are required to use? Answer: No bid guarantee will be required for this solicitation. The wording is included in the standard federal requirement listing but not mandatory for this bid. 09/30/2025

City of Hanford
RFQ No. 2026- 03 for On-Call
Certified Arborist Services

Client Name / RFP Name

2 Setting the Gold Standard
Table of Contents

A. INTRODUCTORY LETTER .......................................................................................................... 3 B. EXECUTIVE SUMMARY ............................................................................................................. 4 C. CONSULTANT INFORMATION, QUALIFICATIONS, AND EXPERIENCE .................................. 9 D. ORGANIZATION AND APPROACH ........................................................................................... 10 E. SCOPE OF WORK ....................................................................................................................... 12 F. CONFLICT OF INTEREST STATEMENT .................................................................................... 13 G. LITIGATION .............................................................................................................................. 14 H. CONTRACT AGREEMENT ........................................................................................................ 15 I. FEDERAL AID PROVISIONS ....................................................................................................... 16 J. COST PROPOSAL ........................................................................................................................ 17 K. ESCALATION ............................................................................................................................ 18

TAB A

INTRODUCTORY LETTER

TAB B

EXECUTIVE SUMMARY

Client Name / RFP Name

4 Setting the Gold Standard
B. EXECUTIVE SUMMARY
West Coast Arborists is pleased to present our proposal response for the City of Hanford for On- Call Certified Arborist Services which includes preliminary tree assessment, tree inspection services, tree protection monitoring, and wildlife monitoring. At West Coast Arborists, we are committed to creating and maintaining robust urban forests for our future. One way we actualize this commitment is through providing tree risk assessments. Our team crafts visually aesthetic reports and other assets that are useful and relevant for agencies needing to make educated decisions on the management of their urban forest.

Project Management
Our Plant Health Care division excels in managing arborist services and generating detailed reports. To streamline our processes, we have developed ArborAccess – a powerful, in-house software solution. This versatile tree inventory and management software works seamlessly on any device and browser, guaranteeing efficient operations. With ArborAccess, our team meticulously records attributes for each inspected tree, enabling us to collect comprehensive data.

This wealth of information empowers us to provide valuable and cost-effective resources to effectively manage urban canopies.

Approach
Our approach is tailored to your Agency’s specific needs and the current needs and wishes of the Agency for the management of the urban forest in the future. We will conduct a thorough visual inspection of trees in the City of Hanford, focusing on those that are dead or have low hanging branches over the roadway access area. Our goal is to ensure the safety of vehicular traffic by identifying any potential issues.

Our project managers are empowered to solve problems and make timely decisions to ensure that project momentum moves forward without any setbacks. Additionally, our low employee turnover means that the team you meet at the beginning of your project will stay with you until completion, providing consistency throughout the project.

Experience
Tim Crothers, Plant Health Care Manager, will be in charge of leading our key staff members for this project. Our expert team comprises of qualified professionals, such as ISA Board Certified Master Arborists, ASCA Registered Consulting Arborists, and ISA Tree Risk Assessment Qualified personnel. Our staff have completed tree inspections and reports for over 200 public agencies in California, making us proficient and well diverse in assessing risk in accordance with industry standards.

Client Name / RFP Name

5 Setting the Gold Standard
Company Overview
WEST COAST ARBORISTS, INC. (WCA)
is a family-owned and operated union company employing over 1,300 full-time employees providing tree maintenance and management services. We are proudly serving over 350
municipalities and public agencies. We provide superior and safe tree care operations seven days a week, 24 hours a day throughout California, Arizona, Texas, and New Mexico.

OUR VISION
As a corporate citizen, WCA’s responsibility and accountability are to the communities where we do business. We hold ourselves to the highest standards of ethical conduct and environmental responsibility, communicating openly with our customers and the communities in which we work. It is our goal and vision to lead the industry in state-of-the-art urban tree care and management services.
100% CUSTOMER SATISFACTION
Customer satisfaction is our top priority. We guarantee your complete satisfaction with every facet of our services. Our dedication to customer service has earned WCA a reputation unrivaled in the industry for dependability, integrity, quality and courtesy. We authorize our employees to do whatever is necessary to achieve the highest quality results. We know that high quality work saves our customer’s valuable time and is far more cost effective if we do our work properly the first time. We are committed to courteous and prompt customer service to fully resolve any issue.

COMPANY INFORMATION
President: Patrick Mahoney
Organization Type: Corporation
Established: 1972
Federal Tax ID: 95-3250682
DIR Registration: 1000000956
Members of Laborers’ Union:

LiUNA!
SAM Entity ID: CFJMVMJ9NSD1
Website: wcainc.com

CORPORATE OFFICE
2200 E. Via Burton St.

Anaheim, CA 92806

REGIONAL OFFICES
Escondido, CA
Fresno, CA
Indio, CA
Ontario, CA
Phoenix, AZ
Riverside, CA
Sacramento, CA
San Diego, CA
San Jose, CA
San Francisco, CA
Santa Clarita, CA
Stockton, CA
Ventura, CA

CONTRACT ADMINISTRATION
Victor Gonzalez, Vice President
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]

FIELD MANAGEMENT
Tim Crothers, PHC Manager
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]

EMERGENCY RESPONSE
24/7
1-800-LIMB-DOWN

Client Name / RFP Name

6 Setting the Gold Standard

Corporate Capabilities
West Coast Arborists, Inc., is committed to successfully completing each project in accordance with the specifications, budget, schedule and with the highest quality of service. Our customers’ satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provide a sense of comfort and confidence to our customers, but also assure them of our continuous ability to carry out the duties of managing their urban forest.
• In business continuously and actively since 1972
• Contractor’s License C61/D49, C49,
C27, C31, C21, A & B
• Over $8,500,000 line of credit available
• Annual financial audits available upon request
• Bonded by ARCH, an A+ rated company
• 1,300+ employees
• 350+ contracts with public agencies
• 100+ Certified Arborists
• 155+ Certified Tree Workers
• Drug-free workplace
• 14,000 sq. ft. company-owned
Headquarters (Anaheim)
• Department of Agriculture Nursery license
• Avg. 712,000 trees pruned annually over past 3 yrs
• Avg. 46,000 trees removed annually over past 3 yrs
• Avg. 20,000 trees planted annually over past 3 yrs
• Avg. 250,000 trees inventoried annually over past 3 yrs • Fully insured with insurance up to $25 million
• Federal Tax ID #95-3250682, current on all taxes and fillings with state and federal government
• Sales volume over $220 million annually
• Fleet of approximately 1,700 pieces of equipment

Client Name / RFP Name

7 Setting the Gold Standard
Project Team

TIM CROTHERS Plant Health Care Manager
Tim Crothers has over 20 years of experience working in the horticulture industry. He started working at WCA in 2012 as a supervisor. He was quickly promoted to Area Manager, a role that required him to produce reports as a Certified Arborist as well as train staff and clients in proper tree care, inventory management, landscape design and plant identification. In his role as Plant Health Care Manager, Mr. Crothers supervises arborist services staff and plant health care operations throughout California and Arizona. He oversees the creation of Urban Forestry Master Plans (UFMPs) and is a Registered Consulting Arborist by the American Society of Consulting Arborists.

Mr. Crothers has overseen the creation of multiple Urban Forest Management Plans, the purpose of which is to function as a guide for municipal agencies to help manage their urban forest, for the present and the future. He has worked with cities to create a sound framework for the selection, use and maintenance of trees, providing them with better tools for planning and budgeting. His experience includes the creation of Urban Forest Management Plans for the City of Hawaiian Gardens, City of Carlsbad, and the City of Santee. Most recently he completed a CFMP for the City of Fullerton. • ISA Board Certified Master Arborist #WE-7655BUM
• B.S. Environmental Horticultureal Science
• ASCA Registered Consulting Arborist #721
• CA Dept. Pesticide Regulation QAL #145321 B, D
• ISA Tree Risk Assessment
• Qualified & TLC Wildlife Aware
LEONARDO TUCHMAN Plant Health Care Arborist
Leo Tuchman joined WCA in 2023 and brought with him over 5 years of experience in the arboriculture industry. Current responsibilities as a Plant Health Care Arborist includes establishing GPS tree inventories, arborist report writing tree risk assessments, aerial inspections, tree appraisals, pre-construction planning and diagnosing tree disorders. Additionally, he assists with providing Plant Health Care (PHC) recommendations and service applications for our customers in the Bay area. • ISA Certified Arborist #WE-12453A
• ISA Tree Risk Assessment Qualified
• ASCA Registered Consulting Arborist #771
• DPR Qualified Pest Control Applicator

Client Name / RFP Name

8 Setting the Gold Standard
KELLEY GILLERAN Plant Health Care Arborist
Kelley has been with WCA since 2010. Before that time, he worked for Fallen Leaf Tree Service Inc. as a Consultant/Salesperson. Current responsibilities as a Consulting Arborist includes establishing GPS tree inventories, arborist report writing tree risk assessments, aerial inspections, tree appraisals, pre-construction planning and diagnosing tree disorders. Additionally, he assists with providing Plant Health Care (PHC) recommendations and service applications for our customers in the San Joaquin and Central Valleys.
• ISA Board Certified Master Arborist #WE-7061B
• ISA Tree Risk Assessment Qualified
• ASCA Registered Consulting Arborist #688
• DPR Qualified Pest Control Applicator #QAL136772 B, C, D JEFF CRAIN Plant Health Care Arborist
Jeff Crain has over 24 years of consulting and project management experience in botanical field research, ecological studies, habitat restoration, and tree surveys. Jeff’s responsibilities as a Consulting Arborist include establishing GPS tree inventories, arborist report writing, tree risk assessments, aerial inspections, pre-construction planning and diagnosing tree disorders, in addition to tree appraisal reports; collecting soil and/or tissue samples as needed and interpreting the results. • ISA Board Certified Master Arborist WE-6658B
• DPR Qualified Pest Control Applicator #QAL161631
• ISA Tree Risk Assessment Qualified

TAB C

CONSULTANT

INFORMATION,

QUALIFICATIONS, AND

EXPERIENCE

Client Name / RFP Name

9 Setting the Gold Standard
C. CONSULTANT INFORMATION,

QUALIFICATIONS, AND EXPE RIENCE
CITY OF CARPINTERIA Completed December 2023

In addition to providing the city with tree maintenance for both streets and parks, we assist the City with as-needed arborist reports. WCA recently completed 4 tree risk assessment reports for the City of Carpinteria. Scope of work included recommendations for maintenance and a general assessment of the tree including health and potential risk. A management recommendation was also provided to the City.

Contact: John Ilasin, Public Works Director
5775 Carpinteria Ave., Caprinteria, CA 93013 ~ (805) 684-5405 ~ [email protected]
CITY OF FILLMORE Completed October 2023

WCA provides the City of Fillmore with tree maintenance services including arborist reports and risk assessments. Recently, WCA completed a complete tree inventory data collection for the City which included collection of various tree attributes and a basic tree risk assessment. This inventory is now being used to determine future maintenance needs and develop a tree care management plan.

Contact: Shannon Godfrey-Prentice, Executive Assistant 250 Central Ave., Fillmore, CA 93015 ~ (805) 201-9623 ~ [email protected]
CITY OF MOORPARK Completed March 2025

WCA provides the City of Moorpark with urban forestry management services and provides the City with basic risk assessment reports as needed.

Over the years we have provided more than 30 reports for the City as a part of our tree maintenance contract.

Contact: Jeremy, Laurentowski, Parks & Recs Director
799 Moorpark Ave., Moorpark, CA 93021~ 805) 517-6385 ~
[email protected]

ADDITIONAL TREE RISK ASSESSMENT REFERENCES OR INFORMATION PERTAINING TO THESE PROJECTS IS AVAILABLE UPON REQUEST.

City of Santa Maria City of Alameda City of Santa Rosa City of Morgan Hill Reports Completed: 6 Reports Completed: 13 Reports Completed: 2 Reports Completed: 36

TAB D

ORGANIZATION AND

APPROACH

Client Name / RFP Name

10 Setting the Gold Standard
D. ORGANIZATION AND APPROACH
To ensure the quality of work and the level of service expected, WCA abides by a well-defined quality control plan that incorporates the following:
• Certified personnel
• Safety
• Sound equipment
• Public relations
• State-of-the-art communication systems
Area Manager: Tim Crothers
ISA Certification #: WE-7655BUM
DPR Qualified Pest Control Applicator #145321
QAL Category B & D
The project Area Manager will be the central point of contact and will work cooperatively with Agency staff, local residents and business owners, etc. The Area Manger will provide overall field supervision and crew management.

Work Plan

1. When our local WCA team in the fresno office receives a phone or email request for development services assistance, we will create a work order using an annual job number. This allows our local Plant Health Care Arborist to provide hourly arborist services for any of the items listed in scope A- G. Coordination with City staff will occur through a combination of in- office visits, phone calls, and emails. We will respond with written arborist reports addressed to the specified department head.

Attendance at meetings will be scheduled in advance through calendar invitations. WCA will maintain local records of peer review reports, on-site monitoring, and tree reporting for each address.

2. Prepare a preliminary arborist report for trees on the project site. Identify the potential impact of the project on the subject trees, providing comments and recommendations concerning design considerations in order to facilitate the protection of the mos t desirable trees where possible. Provide recommendations for protecting the Critical Root Zones during design and construction phases of the project. This may include but is not limited to: setback requirements for buildings, infrastructure and underground services.

3. For tree permit processing and compliance, our Arborist will dedicate specific days and hours each week, as chosen by the City, to assist with permits at the City office and conduct field visits to ensure compliance with the issued permits. Any actions by owners that are found to be non-compliant will be communicated through a written report to the Development Services department head for further follow-up.

4. Survey all trees on the project site, typically six inches and larger in diameter at 54” above grade.

5. Tag trees and record their dimensions, health, and structural conditions. Map their locations on a survey.

Client Name / RFP Name

11 Setting the Gold Standard

6. Prepare a Tree Resource Analysis Matrix, listing tree dimensions, tree conditions (health, and structure ratings), identifying trees recommended for preservation, and highlighting those unsuitable for preservation due to poor ratings or their locations within the project site.

7. Locate, measure, identify and assess all regulated trees based on varying regulatory requirements (such as: Timber Harvest Plan and/ or Timberland Conversion Permit as part of Cal Fire’s Forest Practice Program and Title 14 of the California Code of Regulations).

8. Collaborate with a Registered Professional Forester (RPF) and Licensed Timber Operators (LTOs) to meet all regulatory requirements.

9. All work performed will adhere to the standards set by the American National Standards Institute A300 and the Best Management Practices of the International Society of Arboriculture.

10. Billing for arborist services will follow the schedule established by City staff.

11. An annual planning meeting will be held in late spring or early summer to review WCA’s services.

TAB E

SCOPE OF WORK

Client Name / RFP Name

12 Setting the Gold Standard
E. SCOPE OF WORK
General Services
Consulting – Aerial, ground visual, or soil excavation assessments typically take 30 minutes to 2 hours per tree, depending on the service provided.

Project Inspection – Arborist will remain on-site for the duration of the project as needed.

Meeting with City staff - The time frame varies depending on the topic that needs attention.

Presentation – Includes the time required to conduct research, prepare documents, and present findings to City staff and/or administration.

Lab Testing – The sample in question will be taken to the facility, and the findings will be reported as part of WCA’s consulting services, which do not include the cost of tests per sample.

Specific Services

1. Review and update the current City-approved list of trees that provide privacy protection.

2. Offer professional insights on the value of removed trees to determine appropriate replacement trees or the monetary value of in-lieu fees.

3. Provide best practice standards for required trees associated with new development or construction projects.

4. Conduct peer reviews of arborist reports submitted by applicants.

5. Prepare tree condition reports on behalf of the City for development projects.

6. Evaluate sites after construction and produce suitability audit reports.

7. Advise City staff on all matters related to construction activities near and within Tree Protection Zones (TPZ).

8. Monitor contractors during grading, root pruning, tree trimming, tree protection fence installation, irrigation, and fertilization/mulching of existing trees throughout the construction process, including utility trenching in TPZ and any other activities that may impact existing trees.

9. Provide detailed reports on tree conditions, both orally and in writing, including assessments of tree species, size, health, root conditions, structure, risk factors, and monetary value.

10. Offer pest and disease diagnostics and recommend protection strategies to mitigate the physical stress of construction on trees.

TAB F

CONFLICT OF INTEREST

STATEMENT

Client Name / RFP Name

13 Setting the Gold Standard
F. CONFLICT OF INTEREST STATEMENT
West Coast Arborists, Inc. has no conflict of interest to report.

TAB G

LITIGATION

Client Name / RFP Name

14 Setting the Gold Standard
G. LITIGATION
West Coast Arborists, Inc. has litigation to report in connection with prior projects.

TAB H

CONTRACT AGREEMENT

Client Name / RFP Name

15 Setting the Gold Standard
H. CONTRACT AGREEMENT
West Coast Arborists, Inc. does not have any issues or changes to the proposed contract agreement included as Appendix “A”, Attachment 2, “Sample On-Call Arborist Services Contract Agreement”.

The SOQ terms shall remain in effect for ninety (90) days following the date SOQ submittals are due (Thursday, October 9, 2025 at 2:00pm).

TAB I

FEDERAL AID PROVISIONS

Client Name / RFP Name

16 Setting the Gold Standard
I. FEDERAL AID PROVISIONS
See attached Requirements and Required Federal Forms.

TAB J

COST PROPOSAL

Client Name / RFP Name

17 Setting the Gold Standard
J. COST PROPOSAL
In conformity with the terms and conditions of the contract, West Coast Arborists, Inc., hereby proposes to the City of Hanford the following schedule of compensation. Invoices will be submitted bi-monthly (1st and 15th of each month.)

DESCRIPTION UNIT UNIT RATE

ON-CALL ARBORIST CONSULTING SERVICES

1. Consulting Services including Report Writing Per hour $325.00 a. (2-hour minimum) Travel included

2. Project Inspection (2-hour minimum) Per hour $325.00

3. Review tree removal permits and/or drawings Per hour $325.00

4. Meetings with City staff and/or Contractor(s) Per hour $325.00

5. Presentation to City Staff, Administration, etc. Per Hour $325.00 a. (2-hour minimum)

6. Laboratory testing (i.e., Soil, limb, etc.) Each Cost + 15%

7. Provide tree recommendations for planting Per hour $325.00

8. Respond to tree-related emergencies for consultation Per hour $325.00

9. Survey and tag trees designated by the City Per hour $325.00 a. Cost of tags is cost + 15%

TAB K

ESCALATION

Client Name / RFP Name

18 Setting the Gold Standard
K. ESCALATION
West Coast Arborists, Inc. agrees to the escalation terms.

RFQ 2026-03
On-Call Certified Arborist Services
1 SAMPLE AGREEMENT FOR SERVICES

This Agreement for Services (“Agreement”) is made and entered into this 4th day of November, 2025, by and between the City of Hanford, a municipal corporation (“City”), and Arboreal Consulting (“Consultant”).

RECITALS

A. Consultant represents to City that they are specially trained, experienced, licensed, and competent to perform the services which will be required by this Agreement; and

B. Consultant represents to City that it possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render Certified Arborist services as set forth in this Agreement.

NOW THEREFORE, in consideration of the mutual covenants set forth herein for such other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

1) Retention of Consultant. Subject to the terms and conditions set forth herein, City retains Consultant to perform the services identified in this Agreement, as an independent contractor and Consultant hereby accepts this independent contractor appointment.

2) Scope of Services and City Responsibilities.

a) Consultant shall perform the services (“Services”) and City shall have the responsibilities described on the attached Exhibit “A,” which is incorporated herein by reference. To the maximum extent possible, the terms of the body of this Agreement and Exhibit “A” shall be interpreted so they are consistent; however, if there is a direct and irreconcilable conflict between the text of this Agreement and Exhibit “A,” the former shall control.

b) Consultant shall correct any and all errors and/or omissions, which arise out of Consultant’s negligence or intentional misconduct, in the performance of the Services and any documents resulting therefrom even though City has accepted said Services or documents. Consultant shall make such corrections upon City’s request and at no cost or expense to City.

3) Time of Performance. The Consultant will have an initial performance period of two (2) years from the date of fully executed agreement, with the possibility of up to three one-year extensions. The contract shall not, in any case, exceed five (5) years. Services shall be completed according to the tasks identified in the attached Exhibit “A.”

4) Compensation. Compensation to be paid to Consultant shall be in accordance with the attached Exhibit “A.” Payment by City under this Agreement shall not be deemed a waiver of errors, even if such errors were known to City at the time of payment.

5) Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultants’ bills shall include a brief description of the Services performed and the date the Services were performed the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than sixty (60) calendar days after the date of submittal of an invoice for completed tasks and approval of the invoice by City staff.

6) Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by the City to be necessary for the proper completion of the Services, but which is not included in Exhibit “A.” Extra work will be performed on terms agreed upon by the parties. Consultant shall not perform, nor be compensated for Extra Work without written authorization from the City.

7) Termination. This Agreement may be terminated by City immediately and without notice for cause or by City without cause upon ten (10) days’ written notice of termination to Consultant. Upon termination, Consultant shall be entitled to compensation for Services performed up to the effective date of termination, unless this Agreement is terminated for cause, in which case, City may withhold compensation due Consultant in order to reimburse City for any losses, damages or expenses caused by Consultant’s default under thi s Agreement.

8) Ownership of Documents. All plans, studies, documents and other writings and electronic disks containing drawings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request.

However, the City’s use of completed documents for other projects and/or the use of uncompleted documents without the written authorization of Consultant will be at the City’s sole risk. City shall, to the fullest extent permitted by law, indemnify and hold harmless the Consultant from all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from any unauthorized reuse of, or changes to the Project Documents not performed by the Consultant.

9) Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to use, modify, reuse or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data, electronic or otherwise, recorded on computer diskettes which are prepared or caused to be prepared by Consultant under this

Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted non-exclusive and perpetual license for any Documents & Data the subcontractor prepared under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. The City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purpose intended by this Agreement shall be at the City’s sole risk.

City shall, to the fullest extent permitted by law, indemnify and hold harmless the Consultant from all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from any unauthorized reuse of or changes to the Project Documents not performed by the Consultant.

10) Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the Services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name, insignia, photographs, or the project for which Consultant’s Services are rendered, or any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, t rade paper, newspaper, television or radio production or other similar medium without the prior written consent by City. Notwithstanding the foregoing, City acknowledges that the Consultant may want/need to include projects performed under this Agreement on proposals for similar work in the future. City hereby grants permission to list any projects performed under this agreement for marketing purposes; provided however, Consultant will not make any representations regarding City’s satisfaction with Consult ant’s work product unless Consultant receives a written statement or evaluation from City.

11) Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any employee or applicant for employment because 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 . Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s programs or guidelines currently in effect as identified and provided to Consultant by City.

12) Insurance Requirements.

a) Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies.

i) Workers Compensation Coverage . As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than ONE MILLION AND NO/100 DOLLARS ( $1,000,000) per accident for bodily injury or disease.
ii) Commercial General Liability (CGL) Coverage. Insurance Services Office (ISO) Form CG 0001, including products and completed operations, with a limit of no less than TWO MILLION AND NO/100 DOLLARS ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, and a general aggr egate limit of no less than FOUR MILLION AND NO/100 DOLLARS ($4,000,000).

iii) Automobile Liability Coverage. ISO Form Number CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned),with a limit no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury and property damage.

iv) Professional Liability Coverage. Consultant will maintain Professional Liability Insurance coverage in an amount not less than TWO Million Dollars ($2,000,000) per occurrence or claim and a general aggregate limit of no less than Two Million ($2,000,000).

If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

Consultant’s insurance policies shall be “occurrence” policies and not “claims made.”

Consultant may maintain an Umbrella policy in conjunction with the insurance policies referenced above. In such case, Consultant shall be deemed to have satisfied the insurance requirements of this contract as long as: (i) the coverage limits of the Umbrella policy and of the underlying liability policy(ies), when combined, satisfy each of the per occurrence and aggregate requirements identified in this section; and (ii) coverage under the Umbrella policy is as broad as and includes all incidents and events covered by the underlying insurance that it supplements.

b) Any deductibles or self-insured retentions must be declared to and approved by City.

The city may require Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Alternatively, City may require Consultant to provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the retention.

c) The policies are to contain, or be endorsed to contain, the following provisions:

i) City and its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations; products used by Consultant; or automobiles owned, leased, hired or

borrowed by Consultant. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33 or CG 20 38 and CG 20 37 if a later edition is used. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees or volunteers.

ii) For any claims related to this contract, Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as to City and its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City and/or its officers, officials, employees, or volunteers shall be in excess of Consultant’s insurance and shall be non-contributory.

iii) Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII

Consultant shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The city reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

d) Consultant hereby grants to City and its officers, officials, employees, and volunteers a waiver of any right to subrogation which any insurer of Consultant may acquire against City and/or its officers, officials, employees, and volunteers by virtue of the payment of any loss under such insurance. Consultant agrees to obtain endorsements necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer.

13) Indemnification. To the fullest extent allowable by law, Consultant agrees to indemnify, defend and hold harmless City and its officials, officers, employees, agents and volunteers from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys’ fees and other expenses which City or its officials, officers, employees, agents or volunteers may sustain or incur as a consequence of or are in any way related to Consultant’s or its owners, directors, officers, managers, employees, agents and subcontractor’s willful misconduct or negligent acts or omissions in the performance of the services and Consultants responsibilities and obligations to be performed under this agreement or its failure to perform or comply with any of its obligations or responsibilities contained in this agreement; excluding, however, such liability, claims, losses, damages or expenses arising from City’s sole or active negligence or willful misconduct. This duty to indemnify, defend, and hold harmless shall survive the termination of this agreement.

14) Independent Contractor Status. It is understood and agreed that the Consultant, in the performance of the Services to be performed pursuant to this Agreement, shall act as and be

an independent contractor and shall not act as an agent or employee of City. Consultant shall obtain no retirement benefits or other benefits which accrue to City’s employees and Consultant hereby expressly waives any claim it may have to any such rights. Nothing in this Agreement shall create or be construed as creating a partnership, joint venture or any other relationship between City and Consultant.

15) Consultant’s Books and Records.

a) Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement.

b) The consultant shall maintain all documents and records that demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

c) Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City. Copies of such documents should be provided to the City for inspection at City offices.

d) Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request, require that custody of the records be given to City and that the records and documents be maintained in City offices. Access to such records and documents shall be granted to any party authorized by the Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

16) Interest of Consultant. Consultant and its owners, members, or shareholders, as applicable, covenant and represent that they do not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any othe r source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s Services hereunder.

Consultant further covenants and represents that in the per formance of the Services hereunder, to the best of its knowledge no person having any such interest shall perform any Services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:

a) will conduct research and arrive at conclusions with respect to rendition of information, advice, recommendation, or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and

b) possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation, or counsel. FPPC Reg. Sec. 18700, et seq.

17) Professional Ability of Consultant . City has relied upon Consultant’s representations regarding its training and professional ability to perform the Services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled personnel to pe rform all Services under this Agreement. The primary provider of the Services called for by this Agreement shall be Kit P. Jory Sr. who shall not be replaced without the written consent of City. All work performed by Consultant under this Agreement shall be in accordance with the applicable professional standard care and shall meet the local professional standard of quality ordinarily to be expected of competent persons in Consultant’s field of expertise working in Kings County.

18) Compliance with Laws. The consultant shall use the proper standard of care in performing the Services and shall comply with all applicable federal, state and local laws, codes, ordinances and regulations in effect at the time the agreement is executed. In addition, if the request for proposal to provide services which are the subject of this Agreement cited any federal or state financial assistance involved in the project for which the Services are provided, the Consultant shall perform all services in accordance with all applicable federal and state laws, rates and regulations in effect at the time the agreement is executed.

19) Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and insurance which are legally required of Consultant to lawfully and competently perform the Services. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, and insurance which are legally required of Consultant to lawfully and competently perform the Services. Consultant shall maintain a City of Hanford business license.

20) Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience, and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City, which will not be unreasonably withheld. Consultant shall not subcontract any portion of the Services to be performed under this Agreement without the express written consent of City, which will not be unreasonably withheld. If the City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall: (i) create any contractual relationship between City and subcontractor; (ii) create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor; (iii) or relieve Consultant of any of its obligations and responsibilities under this Agreement.

21) Attorneys’ Fees. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs, and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction

and venue of the Superior Court for the County of Kings, State of California for any proceeding arising hereunder.

22) Sole and Only Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters.

Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other agreement, statement or promise shall be valid or binding.

23) Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

24) Amendment. No change, amendment or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto.

25) Governing Law. This Agreement shall be construed and governed pursuant to the laws of the State of California.

26) Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

27) Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

28) Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or result from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

29) Executive Order N -6-22 – Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding economic sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. Government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from, entering any new contracts with individuals or entities that are determined to be a target of economic sanctions. Accordingly, should the State determine Contractor is a target of economic sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement.

The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty (30) calendar days to provide a written response. Termination shall be at the sole discretion of the State.

30) Authority to Enter Agreement . Consultant has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

31) Notice. Except as otherwise expressly provided herein, any notice, consent, authorization or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or e-mail if receipt is acknowledged by the addressee, one business day after being deposited for next- day delivery with a nationally recognized overnight delivery service, or three business days after being mailed by first class mail, charges and postage prepaid, property addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows:

CITY OF HANFORD CONSULTANT

Chris Tavarez Kit P. Jory Sr.

City of Hanford Arboreal Consulting
319 N. Douty 1839 Ygnacio Valley Road, Suite B
Hanford, CA 93230 Walnut Creek, CA 94598

IN WITNESS WHEREOF, the parties have executed this Agreement effective on the day and in the year first set forth above.

CITY

CITY OF HANFORD,
a Municipal Corporation

By:__________________________________

CHRIS TAVAREZ
Interim City Manager

CONSULTANT

ARBOREAL CONSULTING.

By:___________________________________
KIT P. JORY SR.

Principal/Lead Consultant

EXHIBIT “A”

Scope, Timeframe, and Compensation for Services

Click or tap here to enter text.

SOQ COVER LETTER

CITY OF HANFORD REQUEST FOR QUALIFICATIONS
DATE: October 8, 2025
PROJECT: RFQ 2603 On-Call Certified Arborist Services

Arboreal Consulting
1839 Ygnacio Valley Road
Suite B
Hanford, CA 94598
Attn: Kit P. Jory Sr.
510-200-5070
[email protected]

Attn.: Brad Albert, Director
City of Hanford
Parks and Community Services Department
321 N. Douty Street
Hanford, CA 93230

Dear Brad Albert,

Thank you for the opportunity to respond to the request for On-Call Arborist Consulting Services for the City of Hanford. We currently work with other clients, agencies, and on projects that regularly address the details included in the Scope of Work. We currently have and maintain great relationships with those clients. Our staff specializes in providing the most exceptional and professional arboriculture consulting services available. In providing these services, we exceed our clients’ expectations on work product, customer service, and turnaround time. We partner with our clients to establish and maintain collaborative relationships. By all appearances our staff is so integrated with our clients, that together, we present ourselves as a single team with a shared goal. Based on a review of the City’s RFQ and proposed Scope of Work, our firm is uniquely qualified to deliver all the services that The City of Hanford is seeking a qualified and professional firm to deliver. Arboreal Consulting is prepared and ready to enter into an Agreement for Services for the following Scope of Work, and any other related services that the City needs. These services may include, but are not limited to:

a) Provide support and assistance with the USDA Urban and Community Forestry Grant Program.

b) Advising the City of Hanford on all tree-related matters. c) Advise and make recommendations of the City of Hanford’s Urban Forest ry Master Plan.
d) Work with City staff to implement Best Management Practices (BMP’s) and streamline the tree removal/protection processes.
e) Provide excellent customer service, remain flexible with job duties, be proactive, and take initiative with assigned projects.
f) When necessary, attend public meetings.
g) Supplemental tasks may be assigned as needed.
h) Tree Planning:
a. Review the City’s Tree Inventory (TreePlotter Software) to determine Urban Forest management and identify future planting sites. b. Recommend the appropriate tree species and size for all new trees. i) Permit and Plan Review:
a. Review all heritage tree permit requests. This includes an assessment of the tree, a written report, and recommendations to approve or deny the permit.
b. Review tree protection plans when construction occurs near heritage trees, including reviewing protection measures when construction must occur within the dripline of heritage trees, and recommend additional tree protection measures if necessary.
c. Review mitigation plans when projects violate the tree ordinance. d. Make recommendations for replacement trees when heritage trees are approved for removal.
j) Tree Assessments:
a. Assess trees for risk as needed and provide recommendations for mitigation.
k) Education:
a. Provide tree pruning training to City staff.
b. Lead and instruct volunteers during tree planting events. l) Any other services that the City wishes to negotiate into the Scope of Work for the Agreement for Services.

Within our proposal, please find the following exhibits : A) Introductory Letter, B) Executive Summary, C) Consultant Information, Qualifications, and Experience, D) Organization and Approach , E) Scope of Work, F) Conflict of Interest Statement , G) Litigation, H) Contract Agreement, I) Federal Aid Provisions, J) Cost Proposal, K) Escalation.

I acknowledge that all addenda, if applicable, have been reviewed and accepted. Based on pre-submittal review and Addendum No. 1 issued on October 2, 2025, we understand that the Scope of Work described in the RFQ. Arboreal Consulting also understands the complexities in working with a municipal agency when provided broad services across multiple disciplines, where the ebbs and flows of service demand may change. The need for flexibility , possible expansion of services available to the City, program growth, and ability to build a long -term collaboration will likely be required. We are

confident that we have the staff, experience, and ambition to manage the Urban Forest challenges that the City of Hanford Public Works Department, Planning, and Urban Forestry Program has identified as well as the ones that will present themselves in the future as the City’s programs continue to grow.

We look forward to the opportunity to provide these services to the City of Hanford and more importantly to the community we all serve.

Sincerely,

Kit P. Jory Sr.

Principal Consultant

B) Executive Summary
Arboreal provides professional consulting services in arboriculture and Urban Forestry.

Arboreal employees several professional full-time, part-time, and sub-contracted staff to provide a broad range of services to our clients. Over the years, we have helped public agencies, private developers, and individual property owners throughout California to plan, construct, and manage various landscapes and tree inventories in a scientifically sound, environmentally responsible, fiscally conscious, and socially responsive manner. The firm’s management staff consists of principal arborists with over 50 years of combined experience of municipal Urban Forestry. Our staff consists of a combination of International Society of Arboriculture Certified Arborists, Municipal Specialist, Qualified Tree Risk Assessors, American Society of Consulting Arborists, Tree Care Industry of America Certified Tree Workers, Soc iety of Municipal Arborists, and licenses from the California Department of Pesticide Regulation.

Arboreal’s expertise ranges from single tree issues to managing complete Urban Forests.

We specialize in creating, implementing, and maintaining Urban Forest Management Plans in a municipal setting. Specifically, our staff has a unique aptitude for addressing tree issues as they pertain to commercial and private development, tree preservation and mitigation relating to applicable local tree protection ordinan ces, tree risk assessment and management, public outreach and education on the benefits of trees, and implementing local tree canopy goals into an agency’s master plan, development process, and individual projects.

Arboreal Consulting’s short -term and long -term goals are the same, which are, to provide the highest level of professional arboricultural, project management, and public works related consulting services available. This includes working in concert with our clients as an extension of their internal teams and programs in a manner that would demonstrate to our customers that the work product provided is an extension of our client’s services.

Based on a thorough review of the RFQ and the pre-proposal meeting, the scope of this project may involve various areas of arboricultural support to the City. Much like the individual trees we work with every day, we anticipate that the project scope will grow and expand. The following staff hav e been identified as initial key staff based on the proposed scope of work, the main body of work is focused on evaluating trees for preservation, replacement, and/or removal as they relate to various tree permit applications, impacts on development, and industry standards for municipal arboriculture. There may also be a need for the Consultant to provide the City with recommendations related to program development, management, processes, efficiencies and workflow.

Staff that will be assigned as project lead for the client will be one of many Municipal Specialist’s that have been City Arborists or City Urban Foresters of Northern California cities with populations of 50K or more. All Arborist on staff are professional members of ISA, SMA, TCIA, or ASCA; and have extensive experience with providing consulting services for many San Francisco Bay Area agencies. Any staff assigned to the client will

be Qualified Tree Risk Assessors. Most of our arborist carry this designation and have multiple years of experience assessing, managing and mitigating risk in a municipal setting. All of our Arborists have throughout knowledge of: tree identification, tr ees native to and highly adaptive tree species to California, a thorough understanding of tree structure and physiology, proper tree planting standards and young tree care, soil issues regarding tree planting and preservation, general maintenance of trees, safety pruning, structural maintenance including canopy restoration, root and tree protections zones during construction and maintenance, and various other areas of general tree maintenance activities. Arboreal’s current staff has broad experience estab lishing policy, procedure, and processes for all areas of Urban Forestry Management, all stages of development review, and enforcement of codified tree protection policies. Arboreal staff has extensive experience preparing and delivering communications to agencies, publicly appointed persons, publicly elected bodies, and the public. Arboreal staff will be available to respond to emergency assignments within 24 hours and to provide responses to routine requests and reports within 5 business days.

Management Team:

Kit P. Jory Sr., MPA, Lead Consultant
City Arborist & Public Works Division Manager, City of Concord Part of my duties at the City of Concord is to oversee the Urban Forestry Program.

This includes management of all internal and external tree maintenance services and contracts, managing internal tree staff, administering contracted service, overseeing all public and private tree issues, reviewing and processing all tree permits, reviewing and processing all Planning and Development related tree activities, providing plan and staff review of tree removals and replacements, enforcing the City’s tree ordinan ces and mitigation requirements, public outreach and education regarding Urban Forestry, organizing and leading tree planting and volunteer driven projects, representing the City as the subject matter expert, presenting to Council and Commissions, and all other areas of Urban Forest Management. I have an Outside Employment Agreement with City of Concord to provide consulting services outside the City of Concord City limits.

Previously served as City Arborist for the City of Fremont, Urban Forester for the City of Modesto, Municipal Chair of Western Chapter of International Society of Arboriculture, and Board Member California Urban Forest Council (CAUFC) ; recipient of “Everyday Hero” Award by the CAUFC . A uthored articles on municipal management of Urban Forests in ISA publication Arborist News in April 2019 and December 2019. Successfully applied for and awarded, executed, and completed multiple CalFire Urban and Community Forest grants in 2016, 2018, 2020, and 2022. In 2023, successfully applied for and awarded, executed, and currently completing USDA USFS Urban and Community Forestry Grant for $1M.

Michael Hoesch, Assistant/Support Consultant
Urban Forester & Maintenance Manager of Mount Diablo Unified School District, previously City Arborist and Community Forestry Superintendent of the City of Modesto, and has been a private tree contractor for over 30 years. Mike has

overseen all the same activities that Mr. Jory cites above for his municipal employers and private clients. Michael will support Mr. Jory when needed, in times of urgency, or to ensure project delivery. Michael will take the lead on developing maintenance plans for City maintained trees, training internal City staff, and ensuring City staff and contractors are adhering to all safety protocols, OSHA requirements, ANZI A300 pruning standards, and the indus try's Best Management Practices.

Katlyn Burns, Office Manager
Katlyn will provide task order/assignment intake, invoicing, minor p lanning and development plan review support. Katlyn will be utilized as necessary on areas where the City needs planning activities tied to sustainability, environmental services, and/or requested support and guidance on tree -related issues tied in Public Works Engineering projects.

Arboreal staff has reviewed the City of Hanford Standard Master Services Agreement, Insurance Guidelines, and all other relevant documents and is able to meet all terms of the contract and the insurance requirements. Our management team and key staff are all current and/or previous City Arborists or Urban Forest ers. We possess all the tangible and intangible skills that are required to deliver all areas of arboricultural support for the City of Hanford. We are well experienced with all areas of Urban Forestry management and understand intimately the complexities and sensitivities that the internal and external customers have towards trees.

Arboreal Consulting is also heavily integrated and partnered with PlanIT GEO, the developer that provides and maintains the TreePlotter Platform. We are considered “Super-Users” of TreePlotter, understand how best utilize the platform in a manner that best suits municipal customers, and actively utilize s all data that TreePlotter captures and produces in order to maximize reporting and guide decisions regarding Urban Forest management. Arboreal staff and have worked with PlanIT GEO and the TreePlotter platform in 5 different Cities to track data, record maintenance activities, recommend management strategies, and implement changes. Arboreal’s staff sees the TreePlotter Platform as the most usable tree management software platform on the market today.

C) Consultant Information, Qualifications, and Experience Consultant information is detailed extensively throughout this Statement Of Qualifications (SOQ). We are the only proposer that has staff that have worked directly for municipalities as City Arborists, managing Urban Forests, and administering all areas of in -house and contracted tree maintenance services. We have worked intricately with multiple Cities in the capacity that the City of Hanford is seeking on-call consulting services for. Some current consulting agreements and clients we are currently and have previously provided these services to include:

Walnut Creek
1) City of Walnut Creek
2) Project Manager: Mike Vickers, Assistant Public Works Director 3) Contact information: [email protected]
4) Contract amount: Not To Exceed $200,000
5) Funding Source: Planning and Development Funds
6) Dates: Initiated June 2025
7) Completion: Ongoing
8) Consultant Project Manager: Kit P. Jory Sr, [email protected] 9) Project Objective: Provide On-Call Arborist Consultant Services 10) Project Description: Scope of Services Includes
a. Consultant agrees to provide the services listed below:
i. Review planning documents and construction plans for Conformance with City requirements
ii. Review and approve or deny tree removal permits
iii. Review project arborist reports for tree conditions, valuations, and protection requirements, and provide conditions of approval, as needed, consistent with the Tree Preservation Ordinance (WCMC Sect. 3-8.01 et seq)
iv. Represent City in litigation of tree-related cases
v. Staff training for tree pruning, planting, and cultural requirements. vi. Advise on tree removal, replacement, and disease identification vii. Develop long-range plans for tree replacement
viii. Assist in prioritizing tree maintenance
ix. Manage the City’s Tree Inventory
x. Assist in risk management of trees
xi. Work with City staff to develop a Tree Master Plan. 11) Project Outcome: Ongoing

San Leandro
1) City of San Leandro
2) Project Manager: Chris Peiffer
3) Contact information: [email protected]
4) Contract amount: Not To Exceed $50,000
5) Funding Source: Fund
6) Dates: Initiated March 2022 to July 2023
7) Completion: Completed July 2023
8) Consultant Project Manager: Kit P. Jory Sr, [email protected] 9) Project Objective: Provide analysis, evaluation, and recommendations to improve the City’s Tree Maintenance Services
10) Project Description: Evaluate the field operations of the tree maintenance program, evaluate the safety, efficiency, and performance to ensure that City staff are implementing the latest and most protective safety practices, efficient and productive industry standards, and the most current Best Management Practices for Urban Forestry. Create a plan with recommendations that address any deficiencies, rectify critical failures, and improves service lines.

Law Offices of Lawrence M. Knapp
1) The Law Offices of Lawrence M. Knapp
2) Project Manager: Howard Knapp
3) Contact information: [email protected]
4) Contract amount: Retained as Expert Witness, Estimated $40K-$100K 5) Funding Source: Partnership Fund
6) Dates: Initiated June 2025 to Current
7) Completion: Ongoing
8) Consultant Project Manager: Kit P. Jory Sr, [email protected] 9) Project Objective: Provide expert witness services in a catastrophic injury case involving tree failure.
10) Project Description: Expert witness in standard and duty of care in a tree failure incident that resulted in catastrophic injury.

D) Organization and Approach
Upon successful award and execution of contract to provide services, Arboreal may change the staff assigned to the City based on the needs and fit of the client. The goal is to ensure that Arboreal assigns the best available staff to manage, lead, and/or provide various arborist services based on the needs of the client. Our goal is to ensure the needs of the client are exceeded. To do so, Arboreal will need flexibility on how we assign staff to the client until there is a clearer picture on the regular, ongoing, or daily services that will be needed by the client. Initial assigned staff are listed as:

Kit P. Jory Sr
Public Works & Urban Forestry Specialist,
Arboreal Consulting
ISA Certified Arborist, Urban Forest Professional,
Municipal Specialist, TRAQ

Kit P. Jory Sr. will be the Principal Consultant representing Arboreal Consulting and will provide oversight and quality control over produced assessments and reports. Mr. Jory will also be the lead consultant in all tasks associated with final Urban Forest Management Plan presentation, Grant Writing, Expert Witness needs, and any specialized tasks that are agreed upon between the City and Arboreal Consulting that may be outside the existing Scope of Work. Kit is an ISA Certified Arborist, Municipal Specialist, Urban Forest Professional, and Qualified Tree Risk Assessor. He brings over 20 years of experience in managing municipal tree programs, public works operations, and managing landscape maintenance programs to the team. His extensive experience will be an asset to providing strategic and tactical recommendations on actionable tasks and contract management. Kit will be the primary and lead consultant. In addition to providing all services listed in Section E: Scope of Work, Kit will represent the City at a high level in matters that require a subject matter expert services and, in all public -

facing needs for formal presentations including to Council, Commissions, and Boards.

Kit also maintains several other industry -related certifications such as Qualified Applicator Certification with the California Department of Pesticide Regulation, Certified Parks and Recreation Professional with California Parkis and Recreation Society, Certified Water Collections Grade with California Water Environment Association, and several other ancillary certifications which bring value to project management and well-rounded consulting services.

Michael Hoesch
Urban Forest Management Specialist,
Arboreal Consulting
ISA Certified Arborist, Municipal Specialist,
TRAQ

Michael Hoesch will assist as needed in Plan and Permit review, Urban Forest Master Plan Management, Tree Inspections, and in all areas regarding Tree Maintenance Plan creation, staff training, and public engagement on Urban Forestry Best Management Practices. Michael is an ISA Certified Arborist, Municipal Specialist, and Qualified Tree Risk Assessor. He was the City Arborist for the City of Modesto for over 20 years. and will be solely committed supporting all the City of Hanford’s consulting needs. He brings over 30 years of experience in managing municipal tree programs to th e team. His expertise is in the comprehensive management of Urban Forest ry Programs, maintenance requirements and assessments, analyzing and evaluating service lines, managing the City’s enforcement of processing and mitigating protected tree removals, best practices of street tree mitigation, identifying safety and risk related issues within work groups, and implementing solutions to increase processes, workflow, and productivity. Mike will serve as the backup to Mr. Jory on behalf of Arboreal Consulting for tasks related to tree permit processing, recommending conditions of approval for all tree related planning review, and all tasks relating to tree mitigation because of permitted and unpermitted removals. He will also lead all recommendations on tree maintenance evaluations, planning, training, and education.

Katlyn Burns
Planning and Development,
Arboreal Consulting
LEED AP O + M

Katlyn Burns is our Sustainability Biodiversity, and Green Infrastructure subject matter expert at Arboreal Consulting. Katlyn specializes in ensuring cohesion between Urban

Forest Management and other municipal policies and plans such as Master Plans, Sustainability Plans, Climate Action Plans, and Community Tree Management Plans. She can contribute at the executive level in presentations and communications between the public, agency staff, and elected officials. Katlyn will be the primary reviewer of field inspections as they relate to tree permit applications, tree surveys as part of plan submittal, and review of tree impacts in development projects. Katlyn excels in developing key partnerships between community groups and agency staff to create joint venture plans where volunteerism can be leveraged against limited agency resources.

Maria Rodriguez
Management Analyst, Plan Review
Arboreal Consulting

Maria Rodriguez is the Management Analyst for Arboreal Consulting. She will contribute in multiple areas of analysis, evaluations, and bench marketing. She will be instrumental in plan review and comparisons to ensure the practical application of the plan, timelines for implementation, leading presentation of the plan goals and timelines, and identifying the most likely possible outcomes. She will coordinate and collaborate with the agency staff for implementation strategies to ensure success.

Arboreal Consulting has other staff that have previously served both as Urban Foresters and City Arborists for various agencies. These staff are assigned on a task order basis across our various clients. Arboreal Consulting is committed to ensuring that the tasks assigned by the City of Hanford are of top priority and will commit to rea ssigning Arboreal staff from other assignments as needed based on Hanford’s needs and stated deadlines for task order. In short, your priorities will be our priorities and we are committed to ensuring that the work product you seek from Arboreal will be delivered in a timely manner and always within all stated deadlines.

1) Roles and Organization. Our staff perform the scope of work that the City of Hanford is looking for on a regular and daily basis. We have over 50 years of combined experience in providing these services. Based on the proposed scope and the description of services listed in the RFQ, we cannot anticipate coming across any work assignment where we don’t have extensive experience. Arboreal uses sub-consultants only as needed and at it's clients requests. In example, should the City request an updated full inventory be completed of the entire City’s Urban Forest, Arboreal would likely request City approval to subcontract some of that work to our existing partnerships with subconsultants such as PlanIT GEO or American Tree Medics, in the interest of completing the project with a expedited delivery.

a. As described above, Kit P. Jory Sr will serve as the Lead/Principal Consultant for the City of Hanford. Kit will provide all services listed in the scope of work with the support of Michael Hoesch, Katlyn Burns, Matthew Salyer, Maria Rodriguez, and other Arboreal staff as needed. Based on the number of hours the City anticipates the consultant will be utilized, we don’t anticipate needing to rely on our other certified arborist staff, but we do have several more certified arborists on staff that perform these services.
b. Michael Hoesch is a lead arborist consultant and will support Kit in all areas of inspection, permit processing, field operation/ANZI A300/OSHA safety analysis, tree training, peer review of outside arborist reports, and various other areas.
c. Katlyn Burns is our Office Manager and will be responsible for task order intake in addition to providing other consulting services as needed.

2) Project and Management Approach.
a. Arboreal Consulting will approach the tasks assigned by the City of Hanford as detailed in the scope of work in the following manner:
i. First, upon successful execution of the on-call agreement, Arboreal staff will conduct kick-off meetings with key
members of City staff to obtain a thorough understanding and picture of the City’s resources, challenges, objectives, desired outcomes, sensitivities, stakeholders, public engagement, internal service lines, and other areas of Urban Forest management that will all guide and inform how Arboreal staff supports the City of Hanford to move the Urban Forestry Program forward.
ii. Arboreal staff will evaluate the USFS grant deliverables to identify areas where we can provide immediate support to the City for project delivery.
iii. We will also review some of the City’s most recent tree permitting and mitigation cases to understand the City’s expectations and philosophy around preservation, protection, removal, replacement, and planting activities.
iv. We will identify a few sample tree issues using the City’s most recent permitting, mitigation, maintenance planning, and other areas to understand the City’s expectations and goals. v. We will work with City Staff using the City’s existing TreePlotter data to understand how familiar City staff are with TreePlotter, its reports, and how it is currently being utilized as a force multiplier for its Urban Forest Management.
vi. Arboreal will strive to build relationships with key City staff to create a seamless professional relationship so that City staff understand that Arboreal staff are here to support all their Urban Forestry needs.

vii. Arboreal staff will use the City’s current tree inventory in TreePlotter to identify key immediate needs, maintenance issues, and status of the current inventory to identify any potential critical issues that the City should address
immediately.
viii. Arboreal staff will conduct a deep dive into the highest priorities and services that City staff need address
immediately, will conduct an analysis of the City’s current processes and workflow, and will provide recommendations on how we can work together to best meet the City’s needs
immediately.
b. Arboreal staff will provide regular, effective, and highly responsive communication to ensure that all areas of the scope will be delivered.

3) Describe the Roles of key individuals on the team.
a. In the previous 5 years, the staff has worked on a broad range of projects that encompass all the deliverables listed under the “Scope of Work” of the RFQ. The following is a list of projects like the scope of work that the City of Hanford is requesting proposals on:
i. City of Walnut Creek. Currently signed to On-call Master Service Agreement for Arboriculture services. Project
responsibilities include, Review planning documents and construction plans for Conformance with City requirements, Review and approve or deny tree removal permits, Review project arborist reports for tree conditions, valuations, and protection requirements, and provide conditions of approval, as needed, consistent with the Tree Preservation Ordinance (WCMC Sect. 3-8.01 et seq), Represent City in litigation of tree-related cases, Staff training for tree pruning, planting and cultural requirements, Advise on tree removal, replacement, and disease identification, Develop long-range plans for tree replacement, Assist in prioritizing tree maintenance, Manage the City’s Tree Inventory, Assist in risk management of trees, and Work with City staff to develop a Tree Master Plan. ii. City of San Leandro. Subcontracted through PlanIt GEO as Urban Forest Management Plan contributors. Project
responsibilities included Plan and Development Review,
recommendations on long term impacts of existing trees and projected plantings to meet Climate Action Plan Canopy goals, and finally a complete evaluation of maintenance program, processes, and work-product to make recommendations on
long-term efficiency and productivity improvements.
iii. City of Monterey Park. Completed Draft Urban Forest Master Plan as a sub-contractor of West Coast Arborist including a City-wide tree planting pallet recommendation, recommended

changes and updates to the Cities Tree Protection Ordinance, improved the internal processes for plan review and tree mitigation tied to planning, development, and private trees; and made recommendations on public and private
maintenance requirements for trees within the Urban Forest. iv. Saint Mary’s College. Tree impact and development study.

Survey 71 trees on the college grounds in relationship to various construction and redevelopment projects. Provided recommendations on preservation, removal, replacement, and new plantings tied to the projects impact on the surveyed trees. Preserved 29 trees based on industry standards and best practices for maintenance activities tied to impact.

Recommended removal of 42 trees due to significant conflicts with construction projects. Provided a replanting plan to plant 75 new trees to offset canopy loss and the increased carbon footprint caused by construction activities and
additional square footage of structures.
v. Sacramento County. Complete an investigation of a
construction project and provide a survey of 17 trees that were damaged and/or removed without permits. Provided
recommendations on preservation, removal, and replacement of damaged trees. Provided a replanting plan to mitigate the lost trees. Provided a risk assessment of damaged trees that were to be preserved to ensure preservation was within long- term tolerance of risk concerns. Provided a detailed
recommendation of fines, penalties, and mitigations in
accordance with Sacramento County ordinances consistent with enforcement of the County’s tree protection ordinances. vi. Engstrom, Lipscomb & Lack. Retained as an Expert Witness regarding the Standard of Care and Duty of Care for tree maintenance tied to a tree which failed and killed a person.

Completed multiple site inspections of the areas where the tree was previously located, completed multiple post-accident inspection reports which included a thorough review of all maintenance records, provided multiple reports over a 24- month window during the discovery phase of the suit, was deposed by both sides of the suit multiple times, and testified in a jury trial on the findings.
vii. Dordick Law Firm. Retained as an Expert Witness regarding the Standard of Care and Duty of Care for tree maintenance on 6 different tree failure cases. All cases were either
catastrophic injury or death. These cases required multiple site inspections of the areas where the tree was previously located, completed multiple post-accident inspection reports which included a thorough review of all maintenance records, provided multiple reports since 2018, participated in-depth in

the discovery phases of suits, participated in multiple depositions, mediations, and trials.
viii. Knapp and Knapp. Retained as an Expert Witness in June 2025 for catastrophic injury case involving a tree failure at Davis Faire Shopping Mall. Duties include identifying if the tree planted was part of a public project, funding methods,
relation to development plan review and conditions of
approval, tree mitigation and maintenance requirements for the development, researching maintenance records of the property owners tree contracting, reviewing history of work and maintenance activities for evaluation of conformance to pruning standards.

4) Turnaround time for services:
a. Arboreal staff recommends a turnaround time of 5 to 8 business days to complete a heritage tree permit review.
b. Arboreal staff recommends a turnaround time of 3 to 5 business days to complete a tree protection plan or tree mitigation plan. c. Arboreal staff commits to providing a 24 to 48 response to tree emergencies.

The composition and involvement of our sub-consultants is limited to services that may be required that are not directly addressed in the scope of work. Examples of this would be direction to complete a city-wide tree inventory update within a specific time frame that would require more dedicated staff to the City’s project than the City current expects as outlined in the RFQ. For these types of services, Arboreal may use sub-consultants where we have existing agreements in place. For example, American Tree Medics, James Romero, ISA Certified Arborist, Municipal Specialist, Utility Specialist, & TRAQ, 1748 Miles Court, Merced, CA 95348; may be sub-contracted for in- field inspections of trees and potential future inventory related data capture.

If the City were to require specialized TreePlotter Software customization, Arboreal Consulting would leverage its’ existing relationship with PlanIT GEO, Inc., the company that created and maintains the TreePlotter software Platform. Arboreal Consulting has worked with PlanIT GEO to create customized reports, landing pages, public outreach, and specialized metrics for engagement purposes and to better utilize the TreePlotter data to communicate Urban Forestry needs, resources, and plans. Our primary contacts at PlanIT GEO are Director of Urban Planning Christopher Peiffer and Director of Field Operations TJ Wood. PlanIT GEO is headquartered at 4210 Wadsworth Blvd, Wheat Ridge, CO 80034.

Last, at the direction of the City and City Attorney Office, certain expert witness and legal defense cases may require 3D visualization to recreate tree failure incidents or conditions in order to properly defend the City from litigation. Arboreal Consulting may use its’ existing relationship with JS Held Inc., Toby Terpstra, headquartered at 50 Jericho Quadrangle, Suite 117, Jericho, N.Y. 11753.

E) Scope of Work
1) Arboreal Consulting will provide the following services:
a. Advise the City of Hanford on tree-related matters.
b. Advise and make recommendations for the City of Hanford’s Urban Forestry Master Plan.
c. Work with City staff to implement Best Management Practices and streamline the tree removal/protection processes.
d. Provide excellent customer service, remain flexible with job duties, be proactive, and take initiative with assigned projects. e. When necessary, attend public meetings.
f. Supplemental task may be assigned as needed
g. Tree Planting:
i. Review the City’s tree inventory (TreePlotter Software) to determine Urban Forest management and identify future
planting sites.
ii. Recommend the appropriate tree species and size for all new trees.
h. Permit and Plan Review:
i. Review heritage tree permit requests. This includes an assessment of the tree, a written report, and recommendation to approve or deny the permit.
ii. Review tree protection plans when construction occur near heritage trees, including reviewing protection measures when construction must occur within the dripline of heritage trees, and recommend additional tree-protection measures if
necessary.
iii. Review mitigation plans when projects violate the tree ordinance.
iv. Make recommendations for replacement trees when heritage trees are approved for removal.
i. Tree Assessments:
i. Assess trees for risk as needed and provide recommendations for mitigation.
j. Education:
i. Provide tree pruning training to City staff.
ii. Lead and instruct volunteers during tree planting events.

2) Project and Management Approach. How will the scope be delivered 3) Describe the Roles of key individuals on the team.
4) Turnaround time for services:
a. Arboreal staff recommends a turnaround time of 5 to 8 business days to complete a heritage tree permit review.
b. Arboreal staff recommends a turnaround time of 3 to 5 business days to complete a tree protection plan or tree mitigation plan. c. Arboreal staff commits to providing a 24 to 48 response to tree emergencies.

F) Conflict of Interest Statement
Arboreal staff acknowledge the following conflict of interest statement and states that no current conflict of interest currently exists and agrees to all terms that would prevent Arboreal from entering into an agreement or project that would create a conflict of interest.

Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing Arborist Services under a contractual relationship with a construction contractor(s) on any City project listed in this Scope of Work must disclose the contractual relationship, the dates and the nature of the services. The City Surveyor shall not be allowed to plan check any products submitted to the City for review.

The prime consultant and its subconsultants shall also disclose any financial or business relationship with the construction contractor(s) who are working on the projects that are assigned for material Quality Assurance services through work orders on the contract.

The Consultant shall ensure that there is no conflict before providing services to any contractor on any of the Department’s projects listed in this Scope of Work. The submitted documentation will be used for determining potential conflicts of interest.

The City will use this documentation to determine whether the firm may work on specific projects.

If a Consultant discovers a conflict during the execution of an assigned work order, the Consultant must immediately notify the City Contract Manager regarding the conflicts of interest. The City Contract Manager may terminate the Work Order involving the conflict of interest and the City may obtain the conflicted services in any way allowed by law. Failure by the Consultant to notify City Contract Manager may be grounds for termination of the contract.

Acknowledged and agreed.

G) Litigation
Neither the company, its owners, employees, nor sub-consultants have been involved in any litigation in any project.

H) Contract Agreement
Arboreal Consulting has no issues or needed changes to the proposed contract agreement included as Appendix “A”, Attachment 2, “Sample On-Call Arborist Services Contract Agreement”.

Arboreal affirms that the SOQ terms shall remain in effect for ninety (90) days following the date SOQ submittals are due.

Arboreal also confirms that all federal, state, and local conditions listed in the RFQ can be met including maintaining a local business license, maintaining adequate insurance requirements, and all other conditions.

I) Federal Aid Provisions
Arboreal Consulting acknowledges that some services may be state or federally funded, which necessitate compliance with additional requirements. Arboreal Consulting, and any included Sub-Consultants, acknowledge and have submitted the attached required Federal forms with the SOQ to be considered responsive.

J) Cost Proposal
The proposed fee structure and schedule shows hourly rates for each classification of employee that will be employed on the project including administrative staff and coordinators. Fees include all overhead costs as the City of Hanford will not pay for work not covered under a unit or hourly costs. This includes charges related to providing administration, coordination, equipment, report preparation and providing documents.

When a project is funded in whole or in part by Federal funds, and trades covered by prevailing wage requirements, the firm is also required to comply with the Davis- Bacon Federal wage rate standards and the State of California Prevailing Wage rates.

The standard that results in greater wages and benefits shall prevail. Arboreal Consulting will be required to furnish electronic payroll records for project to the DIR Labor Commissioner when required by law.

Hourly Rates
Principal Arborist $385/Hour
(Kit P. Jory Sr., Michael Hoesch)
Assistant Arborist $335/Hour
(James Romero, Matthew Salyer, Sub-Consultants)
Photogrammetry/GIS Specialist $465/Hour
Expert Witness $655/Hour
(Kit P. Jory Sr.- Legal Services/Trial/Depositions)
Analysis/Specialist – Projects/As Directed By City $220/Hour (Katlyn Burns, Maria Rodriguez, Sub-Consultants)
Office Clerk/Runner (Services Directed By City) $140/Hour

K) Escalation
Arboreal Consulting will honor the price sheet listed in this proposal for one year following the execution of the agreement. Any proposed rate increases for the second year of the contract and each of any of the potential three-year extensions,

will be submitted to City staff for approval in accordance with the terms of this solicitation and any terms set forth in the executed contract.

RFQ 2026-03
On-Call Certified Arborist Services
22 VII. APPENDIX A

Forms To Be Submitted With Proposal
&
Proposer Checklist

RFQ 2026-03
On-Call Certified Arborist Services
23 FEDERAL AND STATE REQUIREMENTS
This project is supported, in whole or in part, by federal funds awarded to City of Hanford by the U.S. Department of Agriculture, Forest Service Urban and Community Forestry Grant.

All federal procurement requirements provided in Uniform Guidance 2 CFR Part 200 shall be in effect. In addition, the following terms and conditions apply to you, the contractor (including consultants/vendors), as a contractor of the City of Hanford.

The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general,

1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g., subcontract or sub-agreement).

2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services.

3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor, or service provider.

1. ACCESS TO RECORDS (42 CFR 420.302)
(A) The Contractor agrees to provide the City of Hanford, the U.S. Department of Treasury, the Comptroller General of the United States, HHS, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed and agrees to cooperate with all such requests. (B) The Contractor agrees to provide the Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (C) No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States.

2. AMERICANS WITH DISABILITES ACT COMPLIANCE (42 U.S.C. 12101 et seq) By submission of a bid, the BIDDER, certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract, Agreement, or Purchase Order. By commencing performance of the work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

3. BIDDER’S STATEMENT ON PREVIOUS CONTRACTS SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:

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

The BIDDER has has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required X

RFQ 2026-03
On-Call Certified Arborist Services
24 compliance reports signed by proposed sub-BIDDERS will be awarded prior to award of subcontracts.

If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on Standard Form 100 “Employee Information Report EEO -1” prior to award of this contract, agreement, or purchase order.

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

4. BONDING REQUIREMENTS (2 CFR 200.326)
The BIDDER acknowledges the requirement for construction or facility improvement contracts, agreements, or purchase orders or subcontracts exceeding the Simplified Acquisition Threshold. The City of Hanford accepts the bonding policy and requirements in compliance with Federal guidelines as set forth below:
(A) A Bid Guarantee from each bidder equivalent to 10% of the bid price. The Bid Guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the BIDDER will, upon acceptance of the BID, execute such contractual documents as may be required within the specified time.
(B) A Performance Bond on the part of the CONTRACTOR for 100% of the contract price. A Performance Bond is one executed in connection with a contract to secure fulfillment of all the contractor’s requirements under such contract.
(C) A Payment Bond on the part of the CONTRACTOR for 100% of the contract price. A Payment Bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

5. BUILD AMERICA, BUY AMERICA ACT (2 CFR 200.1 – IIJA; 49 U.S.C. 5323(J); 49 CFR 661) Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:
(A) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (B) “Manufactured products” means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

6. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. § 1352, as amended) Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or a n employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

7. CERTIFICATE OF NONSEGREGATED FACILITIES (FAR 52.222-23) (A) “Segregated facilities”, as used in this provision, means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities

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25 provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. (B) By the submission of a bid, the Bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract, agreement, or purchase order.
(C) By submission of the bid, the Bidder further agrees that (except where it has obtained identical certification from proposed SUBCONTRACTORS for specific time periods) it will:
i. Obtain identical certification from proposed SUBCONTRACTORS before the award of subcontracts under which the SUBBIDDER will be subject to the Equal Opportunity clause; ii. Retain such certifications in its files; and
iii. Forward this certification and the following notice to the proposed SUBCONTRACTORS:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR

CERTIFICATION OF NON-SEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the Equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontrac ts during a period (i.e. quarterly, semi-annually, or annually).
(D) By commencing performance of the contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

8. CERTIFICATION REGARDING COMPLIANCE WITH FEDERAL FUNDING REQUIREMENTS The BIDDER hereby assures and certifies that it will comply with the federal requirements, regulations, policies, guidelines, and requirements with respect to the acceptance and use of Federal Funds for this federally assisted project.

9. CERIFICATION REGARDING LOBBYING (31 CFR Part 21)
The BIDDER certifies, to the best of their knowledge and belief, that:
(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(C) The undersigned shall require that the language of this certification be include in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The BIDDER certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the BIDDER understands and agrees that the provisions of 31 U.S.C. Ch. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

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26 10. CLEAN AIR ACT (42 U.S.C. 7401 -7671) & FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251-1387; 49 CFR 18.36) (applies to purchases of more than$150,000) (A) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (B) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (C) The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City of Hanford and understands and agrees that the City will report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327 through 333) (applies only to purchases over $100,000, when laborers or mechanics are used) Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

12. COPELAND “ANTI-KICKBACK” ACT (40 U.S.C. 3145)
CONTRACTOR must comply with the Copeland ‘‘Anti‐Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). Under the Copeland ‘‘Anti‐ Kickback’’ Act, the CONTRACTOR and all subcontractors are prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The CITY must report all suspected or reported violations to the Federal awarding agency.

13. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 3141-3148)
Applies to purchases for construction services in excess of $2,000. The Contractor must comply with the Davis- Bacon Act (40 U.S.C. 3141 -3144 and 3146- 3148) as supplemented by Department of Labor regulations. In accordance with the Davis-Bacon Act, the Contractor is required to pay wages to laborers and mechanics at a rate of not less than the prevailing wages specified in a wage determination made by the U.S. Secretary of Labor. In addition, the Contractor is required to pay wages not less than once per week. The City must provide Contractor with a copy of the current prevailing wage determination issued by the U.S. Department of Labor with respect to the services to be provided under the subject Agreement. The Contractor’s execution of the subject Agreement constitutes the Contractor’s acceptance of the wage determination. The City must report all suspected or reported violations to the Federal Awarding Agency.

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27 14. DOMESTIC PREFERENCE STATEMENT (2 CFR 200.322)
As appropriate and to the extent consistent with the law, the BIDDER should, to the greatest extent practicable under a Federal award, provide a preference to the purchase, acquisition, or use of goods, products, or materials produce in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts, agreements, and purchase orders for work or products under this award.

15. DEBARMENT AND SUSPENSION (2 CFR 180; 49 CFR 29, 18.35) (A) This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the Contractor is required to verify that none of Contractor’s principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
(B) The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (C) This certification is a material representation of fact relied upon by the City of Hanford. If it is later determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to remedies available to the C ity, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(D) The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.
(E) (Executive Orders 12549 and 12689) — By execution of this Agreement, CONTRAC TOR certifies to the CITY that it is not a party listed on the government‐wide exclusions list in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension,’’ and is not debarred, suspended, or otherwise excluded from the award of a federally‐supported contract under statutory or regulatory authority other than Executive Order 12549.

16. DRUG-FREE WORKPLACE CERTIFICATION (41 U.S.C. 8103)
The BIDDER certifies compliance with Government Code Section 8355 in matters relating to providing a drug- free workplace. The BIDDER will:
(A) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). (B) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees of all the following:
i. The dangers of drug abuse in the workplace,
ii. The person’s or organization's policy of maintaining a drug-free workplace, iii. Any available counselling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees for drug abuse violations. (C) Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract, agreement, grant, or purchase order:
i. Will receive a copy of the company’s drug-free workplace policy statement, and ii. Will agree to abide by the terms of the company’s statement as a condition of employment on the contract, agreement, grant, or purchase order.
(D) At the elections of the BIDDER or CONTRACTOR, from and after the “Date Executed” and until __________ (NOT TO EXCEED 36 MONTHS), the government agency will regard this certificate as valid for all contracts, agreements, grants, or purchase orders entered into between the BIDDER and this government agency without requiring the BIDDER to provide a new and individual certificate for each 12/01/2028

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28 contract, agreement, or purchase order. If the BIDDER elects to fill in the blank date, then the terms and conditions of this certificate were separately, specifically, and individually provided for each contract, agreement, or purchase order between the BIDDER and this government agency.

17. EQUAL OPPORTUNITY (EXECUTIVE ORDER 11246)
Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Except as otherwise provided under 41 CFR Part 60, if this Agreement meets the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3, then during the performance of this Agreement, the CONTRACTOR agrees as follows:

(A) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, d emotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on be‐ half of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (C) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investiga tion conducted by the employer, or is consistent with the CONTRACTOR’S legal duty to furnish information.
(D) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR’S commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (E) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (F) The CONTRACTOR will furnish all infor mation and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (G) In the event of the CONTRACTOR’S noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246

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29 of September 24, 1965, and such other sanctions may be im‐ posed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(H) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the CITY may direct
as a means of enforcing such pro‐ visions, including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub‐contractor or vendor as a result of such direction by the CITY, then the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work.
(I) The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Ex ecutive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the pro‐ gram with respect to which the failure or ref und occurred until satisfactory assurance of future compliance has been received from the CITY; and refer the case to the Department of Justice for appropriate legal proceedings.

18. SEAT BELT USE IN THE UNITED STATES (EXECUTIVE ORDER 13043 & 62 CFR 19217) Contractors are encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company-owned, rented or personally owned vehicles.

19. IRAN CONTRACTING ACT CERTIFICATION (PUBLIC CONTRACT CODE SECTION 2200 et seq.)
As required by California Public Contract Code Section 2204, the BIDDER/CONTRACTOR certifies, subject to penalty for perjury, that the option checked below relating to the BIDDER/CONTRACTOR’S status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq) is true and correct:

___ (A) The BIDDER/CONTRACTOR is not:
i. Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
ii. A financial institution that extends for 45 days or more, credit in the amount of $20,000,000 or more X

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30 to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ___ (B) The City has exempted the BIDDER/CONTRACTOR from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant t o the contract, agreement, or purchase order.
___ (C) The amount of the contract, agreement, or purchase order payable to the BIDDER/CONTRACTOR for the project does not exceed $1,000,000 over the life of the contract, agreement, or purchase order (up to 5 years).

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the contract, agreement, or purchase order amount, termination of the contract, agreement, or purchase order amount, and/or eligibility to bid on contracts for three years.

20. MINORITY AND WOMEN BUSINESS ENTERPRISES (EXEC ORDERS 11625, 12138, and 12432) Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise). Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction, and services. Affirmative steps shall include the following:

(A) Including qualified women’s business enterprises and small and minority businesses on solicitation lists. (B) Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources.
(C) When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises. (D) Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority businesses. (E) Using the services and assistance of the Small Business Administration, and the U.S. Office of Minority Business Development Agency of the Department of Commerce; and (F) If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in (A) - (E) above.

For the purposes of these requirements, a Minority Business Enterprise (MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of the following groups: Black, Hispanic, Asian or Pacific Islander, American Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women.

21. NON-COLLUSION AFFIDAVIT (CALIFORNIA PUBLIC CONTRACT CODE SECTION 7106) The BIDDER certifies, under the PENALTY OF PERJURY under the laws of the State of California that the below statement is true and correct:

That the BID is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the BID is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham BID, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham BID, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER of any other BIDDER, or to fix any overhead profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, agreement, or purchase order; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly X

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31 or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham BID.

22. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract.

23. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323)
(A) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
i. Competitively within a timeframe providing for compliance with the contract performance schedule. ii. Meeting contract performance requirements; or
iii. At a reasonable price.
(B) Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
(C) Contractor agrees to comply with all other applicable requirements of Section 6002 - Solid Waste Disposal Act.

24. PROHIBITION ON CERTAIN TELECOMMUNICATIONS & VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (Huawei and ZTE) (FAR 52.204-25) Contractor is prohibited from obligating or expending loan or grant funds to:
(A) Procure or obtain.
(B) Extend or renew a contract to procure or obtain; or (C) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonabl y believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

25. RECORDS RETENTION (2 CFR 200.334-337)
(A) Contractor must retain all financial records, supporting documents, statistical records, and all other of its records pertinent to this Agreement for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or CITY. The only exceptions to the three-year limit are the following:

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32 i. If any litigation, claim, or audit is started before the expiration of the 3-year period, then the records must be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken.
ii. When the Contractor is notified in writing by the City or Federal awarding agency, cognizant agency for audit, oversight agency for audit, or cognizant agency for indirect costs to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition.
iv. When records are transferred to or maintained by the City or Federal awarding agency, the 3- year retention requirement is not applicable to the Contractor.

26. REDUCING TEXT MESSAGING WHILE DRIVING (EXECUTIVE ORDER 13513-13513 FR 51225) Contractors are encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers.

27. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (37 CFR 401) Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any applicable implementing regulations.

28. WORKERS’ COMPENSATION INSURANCE CERTIFICATE (CALIF LABOR CODE SECT 3700) The BIDDER acknowledges that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self - insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work under this contract, agreement, or purchase order.

29. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS

Notice is hereby given that this is a Public Works Project and is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)). No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

In accordance with the provisions of Section 1770 to 1781 of the Labor Code, the City of Hanford has ascertained that the general prevailing rate of wages applicable to the work being done is as per State of California, County of Kings wage scale that are current and online with the State of California Division of Industrial Relations (DIR) at: https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html.

The Contractor to whom the contract is awarded shall pay not less than the specified wages to all workmen employed in the execution of the contract. Each Contractor awarded a contract must have an agent of the firm to sign documents required by the Califor nia Labor Code and to receive proper state forms for the reporting of certified payroll. Except as may be otherwise required by law, all claims and disputes pertaining to the classification of labor employed on the Project under the Contract Documents shal l be decided by the District’s Labor Compliance Officer.

Nothing contained herein shall be deemed to supersede any applicable laws, orders or regulations issued by competent authority governing wages, hours of work of the employment of labor, nor to condone any violation of such laws, orders or regulations.

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33 The Contractor shall post at appropriate conspicuous weatherproof points on the site of the Project a schedule showing the Prevailing Wage Determinations published by the Director of the California Department of Industrial Relations that are applicable to the Project.

Pursuant to the provisions of Division 2, Part 7, Chapter 1, Article 2 of the CALIFORNIA LABOR CODE at SECTION 1770, et seq ., the City has obtained from the Director of the California Department of Industrial Relations the general prevailing rate of per diem wages and the prevailing rate for straight time, holiday time and overtime work in the locality in which the work is to be performed for each craft, classification or type of worker needed to execute the contract, a copy of which is available in the office of the City Engineer.

There shall be paid to each worker of the Contractor or any subcontractor, of any tier, engaged in the work not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contractor or a ny subcontractor, of any tier, and such worker. The Contractor and subcontractors will be required to pay all workers on a weekly basis and to submit the certified payrolls to the Labor Compliance Office weekly.

Contractors shall maintain payrolls and basic records (e.g., timecards, canceled checks, cash receipts, trust fund forms, accounting ledgers, tax forms, etc.) during the course of the work and shall preserve them for a period of three (3) years for workers of all trades at the District’s project sites. Such records shall contain the name, address, and social security number of each worker, his or her classification, the rate of pay (including the rates of contributions for, or costs assumed to provide, fringe benefits), daily and weekly number of hours worked, deductions made, and actual wages paid.

The prime Contractor shall be responsible for ensuring that the labor standards provisions are followed by its subcontractors and shall be responsible for the Labor Code violations of its subcontractors. The City, through its Labor Compliance Officer or it s designee, shall conduct periodic inspections/audits to determine whether the workers of all trades on project sites have been paid according to the prevailing wage rates.

The City, through its Labor Compliance Officer and its consultants, has the duty to enforce the Labor Code public works requirements (Chapter 1 of Part 7 of Divisions 2 and 3 of the CALIFORNIA LABOR CODE). It is the policy of the District to strictly enfor ce the public works prevailing wage requirements set for in the California Labor Code. To that end, Contractors and subcontractors that are found to be repeat violators of the Labor Code are subject to debarment from bidding on, or being awarded, any public works construction contract to the extent provided by law.

Within thirty days of approval, the City shall register the project with the Department of Industrial Relations of a Public Works Contract being awarded to the Contractor using the online electronic form PWC -100. The Contractor and all sub-contractors on the project shall provide their DIR registration numbers for verification of coverage and notification of the project. Contractors and subcontractors must submit certified payroll records to the Labor Commissioner using the DIR’s electronic certified payroll reporting (eCPR) system.

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34 ACKNOWLEDGMENT

The official named below acknowledges that they are duly authorized legally to bind the Bidder/Contractor to the certifications previously listed. They acknowledge that they are fully aware that this certification, executed on the date below, is made under penalty of perjury under State of California and Federal laws.

______________________________________________________________________________

BIDDER/CONTRACTOR FIRM NAME

BIDDER/CONTRACTOR FIRM MAILING ADDRESS:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________ FEDERAL ID NUMBER:

______________________________________________________________________________

TELEPHONE NUMBER & EMAIL ADDRESS

BY:

______________________________________________________________________________

______________________________________________________________________________

PRINTED NAME & TITLE

____________________________

DATE EXECUTED

Arboreal Consulting
1839 Ygnacio Valley Road , Suite B
Walnut Creek, CA 94598
73-1727042
Principal (Kit P. Jory Sr.) Direct Cell 209-896-6731,Office 510-200-5070 [email protected] Kit P Jory Sr., Co-owner, Principal/Lead Consultant
10/8/2025

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35 PROPOSERS CHECKLIST

SUBMIT THIS PROPOSER’S CHECKLIST WITH YOUR PROPOSAL DOCUMENTS.

Proposers shall complete and submit all documents marked with an “X” in the “REQUIRED” column for bids to be considered responsive.

REQUIRED

Fee Schedule
All issued Addenda
Ownership Disclosure Form
California Levine Act Statement
Non-Collusion Affidavit (included in Federal/State requirements clauses) Workers’ Compensation Insurance Certificate (included in Federal/State requirements clauses) Equal Employment Opportunity Compliance Certificate (included in Federal/State requirements clauses) Americans with Disabilities Act Compliance Certificate (included in Federal/State requirements clauses) Drug Free Workplace Certificate (included in Federal/State requirements clauses) Iran Contracting Act Certificate (included in Federal/State requirements clauses) Federal and State Requirements Acknowledgement

SUBMITTED BY:

Name of Company _________________________________________________________ Contact Name _____________________________________________________________ Address _________________________________________________________________ City ______________________ State ______________ Zip _________________ Phone No. _____________________ Fax No. ___________________________________ Consultant’s D.I.R. Number __________________________________________________

Arboreal Consulting
Kit P. Jory Sr.
1839 Ygnacio Valley Road , Suite B
Walnut Creek
CA
94598
209-896-6731
N/A

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36 CITY OF HANFORD, CA

OWNERSHIP DISCLOSURE FOR CONTRACTORS AND CONSULTANTS
(Submit with Proposal)

NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

Firm Name: _______________________________________________________________________

Firm Address: _____________________________________________________________________

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

Submitted by:

Name ___________________________________________________________________

Date ________________________________

Arboreal Consulting
1839 Ygnacio Valley Road , Suite B
Walnut Creek, CA 94598
Dana R. Jory 51%
Kit P. Jory Sr 49%
Kit P Jory Sr
10/9/2025
WBE

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37 CALIFORNIA LEVINE ACT STATEMENT
(Submit With Proposal)

California Government Code Section 84308, also known as the “Levine Act,” can prohibit members of the Hanford City Council from participating in any action related to a “license, permit, or entitlement for use” if he or she receives any political contributions, which total more than $250 during the twelve (12) months prior to and for twelve (12) months following the date of a final decision on such “license, permit, or entitlement for use,” from the person or company submitting a proposal or application to the City or any person who is not directly a party to the proposal or application but who actively supports or opposes a particular decision involving a “license, permit, or other entitlement” and who has a financial interest in the decision (“Participant”).

Government Code Section 84308 defines “license, permit, or entitlement for use” as “all business, professional and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts), and all franchises.”

The following website contains a list of current Hanford City Council Members, https://cityofhanfordca.com/1269/City-Council. You are responsible for reviewing the names of Hanford City Council Members prior to making the following disclosure:

1. Have you, your company, any agent on behalf of you or your company, or, to the best of your actual knowledge, a Participant made any political contributions of more than $250 to a Hanford City Council Member or a candidate running for Hanford City Council during the twelve (12) months preceding the date of the submission of your proposal or application or the anticipated date of any City Council action related to this proposal or application?

YES:_____ NO:_____

If YES, please identify the City Council Member(s) and/or candidates for Hanford City Council and date(s) of contribution in the space below:

Council Member(s) or Candidate(s) Name Date of Contribution(s):
______________________________ ________________________ ______________________________ ________________________

I declare under the penalty of perjury of the laws of the State of California that the foregoing is true and correct.

Answering YES to the question above does not preclude the City of Hanford from approving a “license, permit, or entitlement for use” for you or your firm or from taking any subsequent action. It does, however, preclude the identified Hanford City Council Member(s) from participating in any actions related to the approval process.

No party, or agent to a party, to a pending proceeding involving a “license, permit, or other entitlement for use” or Participant, or agent to a Participant, shall make a contribution of more than $250 to any City Council Member(s) or City Council candidate during the proceeding and for twelve (12) months following the date of a final decision is rendered by the City in the proceeding.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the final decision on a “license, permit, or other entitlement for use.” If the above information regarding contributions changes during such twelve (12) month period, then the undersigned is required to update this disclosure form.

X

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38 _______________________________________ ____________________ Signature of Authorized Individual Date

_______________________________________
Printed or Typed Name of Authorized Individual

_______________________________________
Print or Type Name of Company

10/9/2025
Kit P. Jory Sr.

Arboreal Consulting

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39 SAMPLE AGREEMENT FOR SERVICES

This Agreement for Services (“Agreement”) is made and entered into this ____ day of ____________________, 20___, by and between the City of Hanford, a municipal corporation (“City”), and _________________________ (“Consultant”).

RECITALS

A. Consultant represents to City that they are specially trained, experienced, licensed, and competent to perform the services which will be required by this Agreement; and

B. Consultant represents to City that it possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render ____________________ services as set forth in this Agreement.

NOW THEREFORE, in consideration of the mutual covenants set forth herein for such other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

1) Retention of Consultant. Subject to the terms and conditions set forth herein, City retains Consultant to perform the services identified in this Agreement, as an independent contractor and Consultant hereby accepts this independent contractor appointment.

2) Scope of Services and City Responsibilities.

a) Consultant shall perform the services (“Services”) and City shall have the responsibilities described on the attached Exhibit “A,” which is incorporated herein by reference. To the maximum extent possible, the terms of the body of this Agreement and Exhibit “A” shall be interpreted so they are consistent; however, if there is a direct and irreconcilable conflict between the text of this Agreement and Exhibit “A,” the former shall control.

b) Consultant shall correct any and all errors and/or omissions, which arise out of Consultant’s negligence or intentional misconduct, in the performance of the Services and any documents resulting therefrom even though City has accepted said Services or documents. Consultant shall make such corrections upon City’s request and at no cost or expense to City.

3) Time of Performance. Services shall be completed by the dates identified in the attached Exhibit “A.”

4) Compensation. Compensation to be paid to Consultant shall be in accordance with the attached Exhibit “A.” Payment by City under this Agreement shall not be deemed a waiver of errors, even if such errors were known to City at the time of payment.

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40 5) Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultants’ bills shall include a brief description of the Services performed and the date the Services were performed the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than sixty (60) calendar days after the date of submittal of an invoice for completed tasks and approval of the invoice by City staff.

6) Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by the City to be necessary for the proper completion of the Services, but which is not included in Exhibit “A.” Extra work will be performed on terms agreed upon by the parties. Consultant shall not perform, nor be compensated for Extra Work without written authorization from the City.

7) Termination. This Agreement may be terminated by City immediately and without notice for cause or by City without cause upon ten (10) days’ written notice of termination to Consultant. Upon termination, Consultant shall be entitled to compensation for Services performed up to the effective date of termination, unless this Agreement is terminated for cause, in which case, City may withhold compensation due Consultant in order to reimburse City for any losses, damages or expenses caused by Consultant’s default under thi s Agreement.

8) Ownership of Documents. All plans, studies, documents and other writings and electronic disks containing drawings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request.

However, the City’s use of completed documents for other projects and/or the use of uncompleted documents without the written authorization of Consultant will be at the City’s sole risk. City shall, to the fullest extent permitted by law, indemnify and hold harmless the Consultant from all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from any unauthorized reuse of, or changes to the Project Documents not performed by the Consultant.

9) Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to use, modify, reuse or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data, electronic or otherwise, recorded on computer diskettes which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted non-exclusive and perpetual license for any Documents & Data the subcontractor prepared under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. The City shall not

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41 be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purpose intended by this Agreement shall be at the City’s sole risk.

City shall, to the fullest extent permitted by law, indemnify and hold harm less the Consultant from all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from any unauthorized reuse of or changes to the Project Documents not performed by the Consultant.

10) Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the Services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name, insignia, photographs, or the project for which Consultant’s Services are rendered, or any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, t rade paper, newspaper, television or radio production or other similar medium without the prior written consent by City. Notwithstanding the foregoing, City acknowledges that the Consultant may want/need to include projects performed under this Agreement on proposals for similar work in the future. City hereby grants permission to list any projects performed under this agreement for marketing purposes; provided however, Consultant will not make any representations regarding City’s satisfaction with Consult ant’s work product unless Consultant receives a written statement or evaluation from City.

11) Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any employee or applicant for employment because 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 . Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s programs or guidelines currently in effect as identified and provided to Consultant by City.

12) Insurance Requirements.

a) Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies.

i) Workers Compensation Coverage . As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than ONE MILLION AND NO/100 DOLLARS ( $1,000,000) per accident for bodily injury or disease.

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42 ii) Commercial General Liability (CGL) Coverage. Insurance Services Office (ISO) Form CG 0001, including products and completed operations, with a limit of no less than TWO MILLION AND NO/100 DOLLARS ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, and a general aggr egate limit of no less than FOUR MILLION AND NO/100 DOLLARS ($4,000,000).

iii) Automobile Liability Coverage. ISO Form Number CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned),with a limit no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury and property damage.

iv) Professional Liability Coverage. Consultant will maintain Professional Liability Insurance coverage in an amount not less than TWO Million Dollars ($2,000,000) per occurrence or claim and a general aggregate limit of no less than Two Million ($2,000,000).

If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

Consultant’s insurance policies shall be “occurrence” policies and not “claims made.”

Consultant may maintain an Umbrella policy in conjunction with the insurance policies referenced above. In such case, Consultant shall be deemed to have satisfied the insurance requirements of this contract as long as: (i) the coverage limits of the Umbrella policy and of the underlying liability policy(ies), when combined, satisfy each of the per occurrence and aggregate requirements identified in this section; and (ii) coverage under the Umbrella policy is as broad as and includes all incidents and events covered by the underlying insurance that it supplements.

b) Any deductibles or self-insured retentions must be declared to and approved by City.

The city may require Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Alternatively, City may require Consultant to provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the retention.

c) The policies are to contain, or be endorsed to contain, the following provisions:

i) City and its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations; products used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33 or CG 20 38 and CG 20 37 if a later edition is used. The coverage shall contain

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43 no special limitations on the scope of protection afforded to the City and its officers, officials, employees or volunteers.

ii) For any claims related to this contract, Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as to City and its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City and/or its officers, officials, employees, or volunteers shall be in excess of Consultant’s insurance and shall be non-contributory.

iii) Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII

Consultant shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The city reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

d) Consultant hereby grants to City and its officers, officials, employees, and volunteers a waiver of any right to subrogation which any insurer of Consultant may acquire against City and/or its officers, officials, employees, and volunteers by virtue of the payment of any loss under such insurance. Consultant agrees to obtain endorsements necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer.

13) Indemnification. To the fullest extent allowable by law, Consultant agrees to indemnify, defend and hold harmless City and its officials, officers, employees, agents and volunteers from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys’ fees and other expenses which City or its officials, officers, employees, agents or volunteers may sustain or incur as a consequence of or are in any way related to Consultant’s or its owners, directors, officers, managers, employees, agents and subcontractor’s willful misconduct or negligent acts or omissions in the performance of the services and Consultants responsibilities and obligations to be performed under this agreement or its failure to perform or comply with any of its obligations or responsibilities contained in this agreement; excluding, however, such liability, claims, losses, damages or expenses arising from City’s sole or active negligence or willful misconduct. This duty to indemnify, defend, and hold harmless shall survive the termination of this agreement.

14) Independent Contractor Status. It is understood and agreed that the Consultant, in the performance of the Services to be performed pursuant to this Agreement, shall act as and be an independent contractor and shall not act as an agent or employee of City. Consultant shall obtain no retirement benefits or other benefits which accrue to City’s employees and Consultant hereby expressly waives any claim it may have to any such rights. Nothing in