RFB 2026-16
ANNUAL CONTRACT FOR CHEMICAL SUPPLY SERVICES
21 EXHIBIT B-4
STATE OF CALIFORNIA DRUG-FREE WORKPLACE CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.
Contractor Proposer Firm Name:
Federal ID Number:
BY (Authorized Signature):
Date Executed:
Printed Name of Person Signing:
Telephone Number (Including Area Code):
Title:
Contractor/Proposer Firm’s:
Mailing Address:
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
a. The dangers of drug abuse in the workplace,
b. The person’s or organization’s policy of maintaining a drug-free workplace,
c. Any available counseling, rehabilitation and employee assistance programs, and
d. Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or grant:
a. Will receive a copy of the company’s drug-free workplace policy statement, and
b. Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.
4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee an d this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, th en the terms and conditions of this certificate shall h ave the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
RFB 2026-16
ANNUAL CONTRACT FOR CHEMICAL SUPPLY SERVICES
22 EXHIBIT B-5
IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
□ The Contractor is not:
a. 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 of Public Contract Code Section 2203; or
b. A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
□ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
□ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).
Signature: __________________________________ Printed Name: _________________________ Title: ______________________________________ Agency Name: _________________________ Date: ____________________
Note: In accordance with Public Contract Code Se ction 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
RFB 2026-16
ANNUAL CONTRACT FOR CHEMICAL SUPPLY SERVICES
23 EXHIBIT B-6
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
STATE OF CALIFORNIA )
) ss
CITY OF HANFORD )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.
Company: ____________________________________________________________________________
Business Address: ______________________________________________________________________
Signature: ____________________________________________________________________________
Name of Signing Official: ________________________________________________________________
Title of Signing Official: ________________________________________________________________
Date: ____________________________________________________
Company Seal:
RFB 2026-16
ANNUAL CONTRACT FOR CHEMICAL SUPPLY SERVICES
24 EXHIBIT C
S A M P L E AGREEMENT
ANNUAL CONTRACT FOR SUPPLY OF CHEMICAL SUPPLY SERVICES
(City of Hanford Bid No. 2026-16)
This Agreement, entered into and effective this ________ day of ________________, 202 6 [“Effective Date”], by and between the City of Hanford, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is an ___________________________ with a primary business address of ________________________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and General Law City; and
WHEREAS, City of Hanford reviewed and evaluated responses to the Request for Bid and determined to award contract to CONTRACTOR for the Required Service/Product; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to supply the specified products pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. Addi tionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, C ontractor shall transfer to City any funds and/or accounts receivable on hand attributable to the use of City funds.
2. ATTACHMENTS INCORPORATED
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
a. General Contract Provisions/Insurance Requirements
b. City of Hanford RFB 2026-16
c. Contractor’s bid response to RFB 2026-16
3. CONTRACTOR SCOPE OF SERVICES AND COMMITMENTS
Contractor shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):
Supply and deliver weed and pest abatement chemicals, poisons, pesticide handlers training, and Certified Pest Control Advisor recommendations for Water Conservation Plant, Utilities, Streets, and Parks Divisions on an as needed basis
RFB 2026-16
ANNUAL CONTRACT FOR CHEMICAL SUPPLY SERVICES
25 4. CITY COMMITMENTS
City shall provide payment to the Contractor on or before completion dates as items are delivered and invoiced within 30 days of receipt of invoice.
5. COMPENSATION
City shall pay Contractor compensation for services as indicated in Paragraph 3 above; however, City shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by City on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by Contractor to City.
a. Total compensation: $____________________________
b. Source of Funds: ______________________________________
c. Payment Schedule: Within 30 days from date of receipt of satisfactory invoice for delivered product.
6. CONTRACT PRICE ADJUSTMENTS:
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninet y (90) calendar days prior to the annual anniversary date of the agreement.
Requests filed after this time will not be considered.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S.
Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI- U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve -month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
RFB 2026-16
ANNUAL CONTRACT FOR CHEMICAL SUPPLY SERVICES
26 IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: _ By:
Authorized Officer: I certify under penalty of perjury
under the laws of the State of California that I am fully authorized to execute this Agreement for C ontractor
in the capacity I have stated, and that such execution is sufficient to bind the Contractor.
CITY OF HANFORD
Dated: ____________________ By: ____________________________________ Chris Tavarez, Interim City Manager
RFB 2026-16
ANNUAL CONTRACT FOR CHEMICAL SUPPLY SERVICES
27 GENERAL CONTRACT PROVISIONS/INSURANCE REQUIREMENTS
1. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
2. Prohibition of Assignment
Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
3. Notices
Notice shall be sufficient hereunder if personally served upon the City Clerk of the City or an officer or principal of the company, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
CITY OF HANFORD CONTRACTOR
319 Douty St. _________________
Hanford, CA 93230 _________________
4. Independent Contractor
It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time City employees.
5. Jurisdiction/Venue/Waiver Of Removal
This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Kings County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Kings County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
6. Integration/Modification
This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein.
No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
7. Conflict With Law
If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
8. Insurance Requirements
a. Contractor Insurance contactor, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects City and any insurance or self-insurance maintained by City shall be in excess of contractor’s insurance coverage and shall not contribute to it.
b. Subcontractor(s’) Insurance if contractor utilizes one or more subcontractors in the performance of this Agreement, contractor shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of contractor.
RFB 2026-16
ANNUAL CONTRACT FOR CHEMICAL SUPPLY SERVICES
28 9. Types of Insurance and Minimum Limits
The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
1. Workers’ Compensation Insurance as required by the State of California with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
2. Commercial General Liability Insurance with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence and a general aggregate limit of no less than Four Million ($4,000,000). Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent contractor’s Liability (if applicable).
3. Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall include coverage for owned, hired, and non- owned automobiles and shall be provided by a busine ss automobile policy.
(1) bodily injury
(2) personal injury
(3) broad form property damage
(4) contractual liability
(5) cross-liability
(6) products and completed operations liability
10. Other Insurance Provisions
If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, contractor agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. C ontractor may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasona bly affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.
11. Endorsements
All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Hanford, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Hanford.
b. It is agreed that any insurance maintained by the City of Hanford shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non- renewed until after thirty (30) days prior written notice has been given to the City of Hanford, 319 Douty St. Hanford CA 93230.
RFB 2026-16
ANNUAL CONTRACT FOR CHEMICAL SUPPLY SERVICES
29 12. Proof of Coverage
Contractor agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide City on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages.
Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Hanford, which shall be provided by contractor’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be e mailed to the City of Hanford Purchasing department at [email protected].
13. Indemnification
The contractor waives any and all claims and recourse against the C ity, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the contractor’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the City or its officers, agents or employees. The contractor will indemnify, hold harmless, and defend (at City’s option) the City against any and all claims, demands, damages, costs, expenses, or liability arising out of the contractor’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the City or its officers, agents, or employees.
14. Attorney’s Fees
In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
15. Headings
Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
16. Firearms Prohibited
Guns may not be carried by contractors /vendors/consultants while working on City of Hanford premises without the expressed written approval of a City of Hanford Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
17. 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. Accordin gly, should the State determine Contractor is a target of Economic Sanctions or is conducti ng prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
18. Guarantees and Warranties
In general, all guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the City.
a. One year guarantee besides guarantees required elsewhere, contractor shall and hereby does guarantee the product(s) for a period of one year after the date of acceptance by City. Acceptance will be signified upon full payment to the contractor/vendor.
b. Warranties required by the Request For Bid or this Agreement shall commence on the date of acceptance of the product/work by City, unless otherwise provided in a Certificate of Substantial Completion.
RFB 2026-16
ANNUAL CONTRACT FOR CHEMICAL SUPPLY SERVICES
30 Contractor warrants that the materials and equipment furnished under the Agreement will be new and of recent manufacturer unless otherwise specified, and that all product/work will be of good quality, free from faults and defects, and in conformance with the Agreement. Product that does not conform may be considered defective.
This warranty exclu des remedy for damage or defect caused by abuse, modifications not executed by the successful bidder, improper or insuff icient maintenance, improper operation, or normal we ar and tear under normal usage.
Contractor warrants that title to all materials/equipment/work covered by an application for payment will pass to the City either by incorporation in the construction or upon the receipt of payment by the contractor/vendor, whichever occurs first, free and clear of all liens.
No materials, equipment or supplies for the project shall be purchased by the contractor or subcontractor subject to any mortgage or under a condition of sale contract or other agreement by which an interest is retained by the seller. Successful bidder warrants that it has good title to all materials and supplies and work used by it in th e project, free from all liens.
Contractor shall indemnify and hold C ity harmless from all c laims growing out of the lawful demands of subcontractors, laborers, workers, m echanics, material persons, and furnishers of machinery , parts thereof, equipment, power tools , and all supplies, incurred in furtherance of the performance of this Agreement.
Contractor shall, at City’s request, furnish satisfactory evidence that all obligations of the nature here and above designated have been paid, discharged, or waived. If contractor fails to do so, then City may, after having served written notice on the contractor, either pay directly unpaid bills, of which the City has written notice, or withhold from the contractor’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully disch arged where upon payment to the contractor shall be resumed, in accordance of the terms of this Agreement, but in no event shall the provisions of this sentence be construed to impose any obligations on the City to either the contractor or its surety. In paying any unpaid bills of the contractor, the City shall be deemed the agent of the contractor and any payment so made by the City shall be considered as payment made under the contract by the City to the contractor and the City shall not be liable to the contractor for any such payments made in good faith.
Any defective work that is either corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.
EXHIBIT C
AGREEMENT
ANNUAL CONTRACT FOR SUPPLY OF CHEMICAL SUPPLY SERVICES
(City of Hanford Bid No. 2026-16)
This Agreement, entered into and effective this ________ day of ________________, 2026 [“Effective Date”], by and between the City of Hanford , hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is an ___________________________ with a primary business address of ________________________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and General Law City; and
WHEREAS, City of Hanford reviewed and evaluated responses to the Request for Bid and determined to award contract to CONTRACTOR for the Required Service/Product; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to supply the specified products pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date an d expire upon completion of all obligations of the parties, unless earlier terminated by the parties. Addi tionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, C ontractor shall transfer to City any funds and/or accounts receivable on hand attributable to the use of City funds.
2. ATTACHMENTS INCORPORATED
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
a. General Contract Provisions/Insurance Requirements
b. City of Hanford RFB 2026-16
c. Contractor’s bid response to RFB 2026-16
3. CONTRACTOR SCOPE OF SERVICES AND COMMITMENTS
Contractor shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):
Supply and deliver weed and pest abatement chemicals, poisons, pesticide handlers training, and Certified Pest Control Advisor recommendations for Water Conservation Plant, Utilities, Streets, and Parks Divisions on an as needed basis
4. CITY COMMITMENTS
City shall provide payment to the Contractor on or before completion dates as items are delivered and invoiced within 30 days of receipt of invoice.
5. COMPENSATION
City shall pay Contractor compensation for services as indicated in Paragraph 3 above; however, City shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by C ity on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by Contractor to City.
a. Total compensation: $____________________________
b. Source of Funds: ______________________________________
c. Payment Schedule: Within 30 days from date of receipt of satisfactory invoice for delivered product.
6. CONTRACT PRICE ADJUSTMENTS:
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninet y (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time will not be considered.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI- U, U.S. City Average, All Items). The contract unit prices ma y be changed in an amount equal to the percentage of movement for the most recent twelve -month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formu la shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: _ By:
Authorized Officer: I certify under penalty of
perjury under the laws of the State of California
that I am fully authorized to execute this
Agreement for Contractor in the capacity I have
stated, and that such execution is sufficient to
bind the Contractor.
CITY OF HANFORD
Dated: ____________________ By: _______________________________- _____
Chris Tavarez, City Manager
13.G.
AGENDA
STAFF REPORT
MEETING DATE: 3/3/2026 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Approval of the purchase of two (2) 2026 Chevrolet EV trucks from Keller Chevrolet of Hanford, CA and required upfitting from Cooks Communication for a total cost of $166,765 and an appropriation of $36,765 from Measure H Capital Projects fund to fully cover the cost.
RECOMMENDATION:
Recommendation:
That the City Council authorize the purchase of two (2) 2026 Chevy Silverado EV trucks from Keller Chevrolet of Hanford, CA in the amount of $124,120.36 and related upfitting from Cooks Communications in the amount of $42,643.74 for a total cost of $166,765 and appropriate $36,765 from the Measure H Capital Projects fund to fully cover the cost.
Recommended Motion:
That by motion, the City Council authorize the purchase of two (2) 2026 Chevy Silverado EV trucks from Keller Chevrolet of Hanford, CA in the amount of $124,120.36 and related upfitting from Cooks Communications in the amount of $42,643.74 for a total cost of $166,765 and appropriate $36,765 from the Measure H Capital Projects fund to fully cover the cost.
BACKGROUND:
In 2024, the citizens of Hanford approved Measure H. A portion of Measure H calls out a specific expenditure plan that was overwhelmingly approved by the Measure H Citizen Committee. Within the expenditure plan, it calls for the hiring of two Community Service Officers within the police department. The purchase of these vehicles will provide the support needed for the daily activities of the newly hired officers.
At the June 17, 2025, the Council approved the purchase and upfitting of two (2) Ford F150 Lightning EV truck. A purchase order was issued, and the order was placed with National Auto Fleet Group of Watsonville, CA.
Before production commenced, the City received notice that Ford was canceling all production of the Ford Lightning line of vehicles and the order would not be fulfilled.
The City of Hanford Fleet Services and Hanford Police Department have worked closely in an effort to balance the needs of the Hanford Police Department, while meeting State-mandated vehicle emissions. Due to emission requirements, it was determined that the purchase of two (2) Chevrolet
Silverado EV WT with extended battery would meet both Hanford Police Department's needs and align the City Fleet Services with State mandates.
FISCAL IMPACT:
The Measure H Capital Projects Fund allocated $130,000 for the purchase of Community Service Officer vehicles. However, an additional appropriation of $36,765 is required to fully cover the cost.
This additional amount will be fully offset by cost savings realized from other Police Department vehicle purchases within the Measure H Capital Projects Fund. Therefore, there is no net fiscal impact to the fund.
ATTACHMENTS:
1. Keller EV Quote
2. Cooks Communications Quote
3. Giant Auto Quote
4. NAFG Quote
Estimate
Customer No.:
Quote No.:
Quote To: Ship To:
Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Expiration Date
Quantity Item Number Description Unit Price Amount
01/23/26 Up-FIt Shop Origin Net 30
David Burchfield
City of Hanford Police Department City of Hanford Police Department 315 N Douty St
Accounts Payable
Hanford, CA 93230-000
319 N Douty
Hanford, CA 93230-000
HANFORD PD
17913
160 North Broadway
Fresno, CA 93701-1592
Required
03/22/26
(559) 233-8818Phone:
Email:
(559) 585-2540Phone:
[email protected]
Phone:
Email: [email protected]
Email: [email protected]
25 CHEVY SILVERADO 1500 EV
CSO BUILD
UNIT# 83
ALGT53JZ-AMBR3H6C FS Allegiant 53" Amber Light
Bar w/6 Button Controller
FS Join & Hook Kit
1917.001917.001
HKB-UNH6 Fed Sig Hook Kit
fits '24 Ford F150
0.000.001
MPS122U-AW Fed Sig Micropulse Ultra Duo
White/Amber
Old Part # MPS1220U-AW
334.00167.002
MOUNTED ON THE GRILLE
MPS121U-A FS Micropulse Ultra
Perimeter Light
Amber. Old p/n MPS1200U-AA
292.00146.002
MOUNTED ON THE REAR OF THE
TRUCK
CENTER CONSOLE EQUIP.
C-VSW-0824-SILV-EV Havis 32" Wide Body Console
fits '24-'25 Chevy Silverado
EV
984.00984.001
C-USB-3 Havis Dual USB Charger
Module
63.0063.001
C-LPO HAVIS
Lighter plug socket & cap
12.0012.001
C-FP-4 4" Blank Havis Face Plate 0.00 0.002
C-EB30-KCH-1P Havis 3" Faceplate
fits Kenwood KCH20r
Control Head
0.000.001
C-FP-1 1" Blank Havis Face Plate 0.00 0.002
C-FP-2 2" Blank Havis Face Plate 0.00 0.004
Thank You
Estimate
Customer No.:
Quote No.:
Quote To: Ship To:
Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Expiration Date
Quantity Item Number Description Unit Price Amount
01/23/26 Up-FIt Shop Origin Net 30
David Burchfield
City of Hanford Police Department City of Hanford Police Department 315 N Douty St
Accounts Payable
Hanford, CA 93230-000
319 N Douty
Hanford, CA 93230-000
HANFORD PD
17913
160 North Broadway
Fresno, CA 93701-1592
Required
03/22/26
(559) 233-8818Phone:
Email:
(559) 585-2540Phone:
[email protected]
Phone:
Email: [email protected]
Email: [email protected]
CUP2-1001 Havis Self Adjusting
Cup Holder
54.0054.001
C-APW-1390 Havis 13" Accessory Pocket
9" Deep for 3.3"w Section of
Wide Consoles
70.0070.001
C-APW-1258 Havis 12" Accessory Pocket
5.8" Deep for 3.3"W Section
of Wide Consoles
92.0046.002
NONSTOCK Non-Stock Inventory 600.00 600.001
C-ARM-1001 Havis Arm Rest
w/Lockablle Acc Pocket
Uses 7" Console Space
262.00262.001
C-HDM-204 8.5" Heavy Duty Telescoping
Pole. Side Mount,
Short Handle
184.00184.001
C-HDM-301 Havis Heavy-Duty Fixed
Top Offset Platform
0-inches
18.0018.001
C-ADP-121 Havis Adapter Bracket
C-UMM-103 & Swivel Arm
Mounts
21.0021.001
C-UMM-103 Havis Universal Monitor
Mount Assm.
106.00106.001
MD-ARM-0606 Havis Swivel Arm Mount
w/6" Base, 6" Extension
125.00125.001
PKG-KB-2002 HAVIS Rugged Keyboard
With Mount
(No Emergency Key)
569.00569.001
DS-DELL-901 Havis Docking Station for
Dell 7230 Tablet
w/Power Supply
827.00827.001
CR0MD Dell 7230 Rugged Extreme
Tablet 12" i5 16gb 256GB SSD
2850.002850.001
Thank You
Estimate
Customer No.:
Quote No.:
Quote To: Ship To:
Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Expiration Date
Quantity Item Number Description Unit Price Amount
01/23/26 Up-FIt Shop Origin Net 30
David Burchfield
City of Hanford Police Department City of Hanford Police Department 315 N Douty St
Accounts Payable
Hanford, CA 93230-000
319 N Douty
Hanford, CA 93230-000
HANFORD PD
17913
160 North Broadway
Fresno, CA 93701-1592
Required
03/22/26
(559) 233-8818Phone:
Email:
(559) 585-2540Phone:
[email protected]
Phone:
Email: [email protected]
Email: [email protected]
MB01-19005GB-GA Cradlepoint IBR-1900
1-yr NetCloud Mobile Performance Essentials
Plan and R1900 router with WiFi (5G
modem), no AC power supply or antennas,
Global
1699.001699.001
PWAT-328-TW-7N1COOKS Panoram Antenna for
Cradlepoint R1900
465.00465.001
COMMUNICATIONS EQUIPMENT
NX-5800BK Kenwood 50 watt, 1024CH
450-520MHz, RF Deck
3 Year Warranty
614.00614.001
KWD-5100CV Kenwood P25 Conventional
License Key
404.00404.001
KWD-AE31K Kenwood AES&DES
Encryption
Order L-5008 if Install Req.
536.00536.001
LABHRMIN 1/2 Hour Labor Charge 82.50 82.501
5AFM Kenwood NX-5000 Series
Single Deck, Single Control
Head Remote Mount
798.00798.001
ROOF-FT-NITI Stico Flexi-Whip Antenna
136mhz-1ghz. Includes
coax & RFU505ST
104.00104.001
RFU505ST PL259 For RG58 10.00 10.001
GRAPHICS
GRAPHICSPACKAGE Graphics Package for
Public Safety Vehicle
Custom Reflective COMMUNITY SERVICE
OFFICER Vehicle Graphic Kits
for HANFORD POLICE'S white 2025 Ford
Lightning super crew cab with 5.5
foot bed pickup trucks
(Graphic kit to be printed on 3M IJ680CR
703.00703.001
Thank You
Estimate
Customer No.:
Quote No.:
Quote To: Ship To:
Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Expiration Date
Quantity Item Number Description Unit Price Amount
01/23/26 Up-FIt Shop Origin Net 30
David Burchfield
City of Hanford Police Department City of Hanford Police Department 315 N Douty St
Accounts Payable
Hanford, CA 93230-000
319 N Douty
Hanford, CA 93230-000
HANFORD PD
17913
160 North Broadway
Fresno, CA 93701-1592
Required
03/22/26
(559) 233-8818Phone:
Email:
(559) 585-2540Phone:
[email protected]
Phone:
Email: [email protected]
Email: [email protected]
reflective vinyl with 8519 laminate)
* Community Service Officer graphic kit to be
similar to photo of Hanford
Police Community Service Officer graphic kit
shown in photos provided by
the customer. Graphic kit to consist of:
- HANFORD lettering in white reflective with
black outline on front doors.
Lettering to be arched.
- Hanford Police's 7 point star emblem in
center of front door below the
HANFOR lettering
- POLICE lettering in white reflective with
black outline below the star
emblem on front doors
- Community Service Officer lettering in black
across the top of the side of
the bed
- Waving American Flag decal on front
fenders
- unit number on front fenders, rear, and front
of hood
- HANFORD POLICE lettering in black on
rear tailgate
GRAPHICS INSTALL PKG Includes Surface Prep
Wrap Graphics Around All
Ends, Stars, & Badges
495.00165.003.000
MISC INSTALLTION EQUIP
7189B-BSS Resettable Circuit Breaker
Resettable Circuit Breaker
Old p/n CB185-150
47.0047.001
7615B-BSS Blue Seas Solenoid/Timer.
120amp 12vdc
Old P/N 7615B
123.00123.001
5029B-BSS 12 Circuit Water Resistant
Fuse Block w/Cover
Old P/N 5029
42.0042.001
Thank You
Estimate
Customer No.:
Quote No.:
Quote To: Ship To:
Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Expiration Date
Quantity Item Number Description Unit Price Amount
01/23/26 Up-FIt Shop Origin Net 30
David Burchfield
City of Hanford Police Department City of Hanford Police Department 315 N Douty St
Accounts Payable
Hanford, CA 93230-000
319 N Douty
Hanford, CA 93230-000
HANFORD PD
17913
160 North Broadway
Fresno, CA 93701-1592
Required
03/22/26
(559) 233-8818Phone:
Email:
(559) 585-2540Phone:
[email protected]
Phone:
Email: [email protected]
Email: [email protected]
5029 FPI MNT BRKT Mounting Bracket for 5029
Fuse Block.
50.0050.001
5080 Relay 14.0014.001
NUS-2X Nu-Tech Roof Entry Port 25.00 25.001
MATERIALSFEE3 Installation Material
Bundle
200.00200.001
LAISREG Shop Installation 3960.00 165.0024.000
Subtotal
Freight charges
Sales tax @ 8.35000%
Total
19751.50
300.00
1270.37
21321.87
Thank You for Considering Cook's Communications
Thank You
13.H.
AGENDA
STAFF REPORT
MEETING DATE: 3/3/2026 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Award of a contract in the amount of $248,808.80 for the replacement of the Bayoxide Media Filter at Well 50 located at the corner of Hanford-Armona and 9th Avenue
RECOMMENDATION:
Recommendation:
Staff recommends that the City Council Authorize the City Manager to execute a contract with Layne Christensen Company, in the amount of $248,808.80 for the removal, replacement and disposal of the arsenic filter media at Well 50, located at the southwest corner of Hanford-Armona Rd and 9th Ave.
Recommended Motion:
I motion to authorize the City Manager to execute the media filtration removal, replacement and disposal contract with Layne Christensen Company in the amount of $248,808.80.
BACKGROUND:
Well 50 is located on the southeast corner of Hanford-Armona Rd. and 9th Ave and was drilled in 2015 and put into city service in 2016. In October 2019, an arsenic treatment plant was installed at Well 50, at a cost of $1.2 million. The Bayoxide media filtration for the treatment plant has a life expectancy of 2 to 4 years, depending on the level of treatment and the time the well is in service.
The Bayoxide media filter is manufactured in Germany and used exclusively at Well 50.
The Well 50 treatment plant's filter is nearing the end of its projected life cycle. As of the last water test, the site was reported at 7.0 parts per million, still below the State of California standard of 8.0 parts per million. The well must be shutoff once the level reaches 8.0. Therefore, with the test results close to meeting the state's threshold, staff took a proactive approach to request quotes in an effort to expedite the removal, disposal and replacement of the filter in advance of potential arsenic spikes and prior to the high summer demand.
City staff requested quotes from various vendors following an informal bid process, and received the following three quotes (copies included in this report):
Vendor Bid Amount
Layne Christensen Company $248,808.80
AdEdge $252,572.53
Telstar Instruments $355,823.00
Layne Christensen Company is the apparent low bidder based on the lowest quote of $248,808.80.
The quote price includes all applicable tax, shipping, material, and labor at the current prevailing wage rate. It should be noted that AdEdge's quote was slightly lower than what appears in the quote due to a re-calculation of taxable items. AdEdge's quote also does not include shipping; regardless the quote came in higher than Layne Christensen Company.
FISCAL IMPACT:
The budget for the filter has previously been appropriated using 0391 Water Funds and included in CIP No. 825608 (Well Media Filtration) and. There are sufficient funds in the project budget.
Therefore, no additional appropriations are needed at this time.
ATTACHMENTS:
1. Layne Christensen Company Quote
2. AdEdge ChartWater Quote
3. Telstar Quote
Prepared For: Bob Williams
Prepared By: Randy Roberts
Thank you for the opportunity to be your water resource solution.
Turnkey Media Change Out for Arsenic Treatment System
2/4/2026
Description:
Layne Christensen Company is a global water management, mineral exploration and drilling company.
We provide responsible infrastructure solutions for natural resources in water, minerals and energy, while offering innovative, sustainable products and services with an enduring commitment to safety, operational excellence, and client satisfaction. In June 2018, Layne became a wholly-owned subsidiary of Granite Construction, Inc.
City of Hanford CA
Attention: Bob Williams, Utility Manager
[email protected]
PROJECT ESTIMATE
We are pleased to submit the following quotation:
Bayoxide E33 Media Change Out
315 N Douty Street
Hanford, CA 93230-3951
Company: City of Hanford CA
Contact: Bob Williams
Address: 315 N Douty Street
City, State, Zip: Hanford, CA 93230-3951
Phone: Attention: Bob Williams, Utility Manager
Email: [email protected]
Project: Bayoxide E33 Media Change Out
Unit Quantity Price Total
CF 728 259.00$ 188,552.00$ CF 24 39.20$ 940.80$ LS 1 36,571.43$ 36,571.43$ DY 4 1,700.00$ 6,800.00$ EA 2 98.36$ 196.72$ EA 2 45.48$ 90.96$ Sub Total ==> 233,151.91$
Total Taxable Amount 189,780.48$
Total Tax Amount 15,656.89$
Total Project Estimate Amount 248,808.80$
Clarifications
1. Please provide a copy of your tax exempt certificate, if applicable.
2. Please provide the physical site address where the work is to be performed.
3. This quote is valid for 30 days from above date.
4. Based upon Layne Christensen Company's attached Terms & Conditions.
5. Layne Christensen Company's payment terms are "Net 30".
6. Signing this project estimate authorizes Layne Christensen Company to proceed with your project
7. Price does not consider prevailing wage, if required the daily labor rate will be revised accordingly.
Layne Christensen Company
02/04/26
Randy Roberts Date Date
Layne Supervision and Project Management - On-site supervision and recommissioning of treatment system, Travel and Per Diem included, On-site training for operators included Side Manway Gasket - NSF 20" (CS Supply)
PROJECT ESTIMATE
Yes
Use
Prevailing Wage:
8.250%
Type of Tax:
Tax Rate:
Date:
Estimated By:
Location:
February 4, 2026
Randy Roberts
Bayoxide E33 Media - Packaged in (14) Supersacks
Services - Media sampling and testing, Media extraction and containerization, Virgin media loading, waste profiling and dispsoal at Class "D" Non-Haz landfill, Chlorination (18) gallons 12.5% NSF, Site Clean up, Includes media delivery on day of services Description
9001 Hanford Armona Rd, Hanford, CA 93230
Freight - Included in Services - Delivery on day of services Top Manway Gasket 14" x 18" NSF Elliptical
Gravel Under-bedding 1/8" x 1/16" NSF - Packaged in (48) 1/2cu/ft. bags - Top Off Only City of Hanford CA
Bob Williams
Randy Roberts
STANDARD TERMS AND CONDITIONS
LIABILITY OF CONTRACTOR: Contractor shall not be liable for any bodily injury, death, or injury to or destruction of tangible property except as the same may have been caused by the negligence of Contractor. In no event shall Contractor be liable for any delays or special, indirect, incidental or consequential damages. Purchaser agrees that the total limit of Contractor’s liability (whether based on negligence, warranty, strict liability or otherwise) hereunder, shall not exceed the aggregate amount due Contractor for services rendered under this contract. All claims, including claims for negligence or any other cause whatsoever, shall be deemed waived unless made in writing and received by Contractor within one (1) year after Contractor’s completion of work hereunder.
INSURANCE: Contractor shall provide workers’ compensation insurance, public liability and property damage insurance covering its employees and operation. Purchaser, at its option, may maintain such insurance as will protect it against claims arising out of the work.
REIMBURSABLE COST: In addition to the hourly charge provided on the face of this contract, Purchaser will reimburse Contractor for travel and living expenses necessarily incurred by the Contractor in the performance of the work, minor incidental expenses such as overnight mail, telephone and petty cash expenditures necessarily incurred, cost of removal of all debris if so directed by Purchaser, sales, consumer, use and similar taxes required by law and the cost of permits and all licenses necessary for the execution of the work. The foregoing costs shall be billed at actual cost plus fifteen percent (15%) unless otherwise agreed upon.
PRICE ADJUSTMENT: Any cost estimates or time frames stated herein are subject to equitable adjustment in the event of differing or unforeseeable conditions, changes in applicable laws after the date of this contract, unforeseeable delays or difficulties caused by acts of God, Purchaser or any third parties. Prices of goods acquired by Contractor from others shall be adjusted to reflect Contractor’s price in effect at time of shipment. The price of Contractor’s goods will be adjusted to the price in effect at time of shipment in accordance with Contractor’s current escalation policies or as specifically covered in this contract.
TERMS: Thirty (30) days net from date of invoice. For extended projects, Contractor shall submit invoices on a monthly basis for any and all work completed and materials or equipment provided during the previous month. Past due invoices shall be subject to a delinquency charge of one and one-half percent (1-1/2%) per month (eighteen percent (18%) per annum) unless a lower charge is required under applicable law, in which case the lower rate shall apply. Purchaser agrees to pay all collection fees, attorneys’ fees and costs incurred in the collection of any past due amounts arising out of this contract. Contractor shall have the right to immediately terminate this contract without further liability if Purchaser fails to make timely payment or otherwise materially breaches this contract.
MATERIAL SHORTAGES AND COST INCREASES: If any portion of materials or equipment which Contractor is required to furnish becomes unavailable, either temporarily or permanently, through causes beyond the control and without the fault of Contractor, then in the case of temporary unavailability any completion time frames shall be extended for such period of time as Contractor shall be delayed by such above-described unavailability, and in the case of permanent unavailability Contractor shall be excused from the requirement of furnishing such materials or equipment. Purchaser agrees to pay Contractor any increase in cost between the cost of the materials or equipment which have become permanently unavailable and the cost of the closest substitute which is then reasonably available.
DELAYS: If Contractor is delayed at any time in the progress of work by labor disputes, fire, unusual delays in transportation, unavoidable casualties, weather, or any cause beyond Contractor’s reasonable control, then any completion time frames shall be extended by a reasonable period of time, at least equal to the period of delay.
CHANGED CONDITIONS: The discovery of any hazardous waste, substances, pollutants, contaminants, underground obstructions or utilities on or in the job site which were not brought to the attention of Contractor prior to the date of this contract will constitute a materially different site condition entitling Contractor, at its sole discretion to immediately terminate this contract without further liability.
ESCALATION: This contract is made with the understanding that Contractor will be able to begin and continuously proceed with its work on or before the proposed start date on the reverse side hereof. In the event Contractor is unable to commence its work on or before said date because the project is not ready for Contractor's work, Contractor will charge Purchaser the amount of increase in Contractor's cost attributable to such delay, plus Contractor's normal overhead percentage.
GUARANTEE AND LIABILITY: Contractor warrants that its labor supplied hereunder shall be free from defect and shall conform to the standard of care in effect in its industry at the time of performance of such labor for a period of twelve (12) months after substantial completion of Contractor's work. Contractor agrees, to the extent it is permitted, to pass on any warranties provided by the manufacturers of materials and/or equipment furnished under this contract. Contractor itself provides no warranty, express, implied or otherwise, on any such materials or equipment. Contractor will not be responsible for: work done, material or equipment furnished or repairs or alterations made by others.
For any breach hereunder, Contractor shall be liable only for the value of the installation work or, if it wrongfully fails to install, then its liability is limited to the difference between the contract price herein, and the value of other similar installation work. If Contractor’s breach damages any materials or equipment furnished hereunder, Contractor shall only be liable for the value of such materials or equipment. Under no circumstances will Contractor be liable for consequential, special or indirect damages, including without limitation, any crop loss or damage, damage to other equipment, structures or property, nor for any other similar or dissimilar damages or losses whether due to delay, failure to furnish or install, delay in installation, defective material or equipment, defective workmanship, defective installation, delay in replacing, nor for any cause or breach whatsoever. In any event, Contractor’s total liability towards Purchaser for alleged faulty performance or nonperformance under this contract shall be limited to the total contract price. No materials, equipment or services contracted herein carries any guarantee not mentioned in this contract. THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY DISCLAIMED.
TITLE AND OWNERSHIP: In case of default on Purchaser’s part, Contractor shall have the right to enter the premises upon which any material or equipment furnished herein have been installed and retake such goods not then paid for and pursue any further remedy provided by law, including recovery of attorneys’ fees and any deficiency to the maximum extent and in the manner provided by law. Such materials and equipment shall retain their character as personal property of Contractor until payment in full is received by Contractor, regardless of their mode of attachment. Unless prior specific written instructions are received to the contrary, surplus and replaced materials and equipment resulting from repair or installation work shall become the property of Contractor.
DELIVERY: Shipment schedules and dates, expressed or implied, are contingent on normal conditions. Contractor will not be responsible for any delays in shipment or completion caused by factors beyond its control such as, but not limited to, suppliers’ failures, accidents, work stoppages or operation of or changes in the law. Shipments will be made as promptly as Contractor’s ability to obtain materials and/or equipment and scheduling will permit. No delay in shipments or variances from shipping schedule shall be cause of cancellation or any claim for damage. Any changes in layout or design requested after acceptance of this contract will be made at Purchaser’s additional cost. Any such change and/or time taken to supply engineering data or to approve drawings will automatically extend shipping schedules. Equipment will be shipped “knocked down” to the extent Contractor considers necessary, with small parts stripped from equipment and crated. On and after delivery to the carrier for transportation to the Purchaser’s site, Purchaser shall be responsible for all loss or damage to materials or equipment due to any cause, including but not limited to loss or damage resulting from casualty.
INDEMNIFICATION: Purchaser agrees to indemnify and hold Contractor, its directors, officers, stockholders, employees, agents and subcontractors, harmless from and against any and all claims, demands, causes of action (including third party claims, demands or causes of action for contribution or indemnification), liability and costs (including attorneys’ fees and other costs of defense) asserted and/or filed by Purchaser or any third party(ies), including without limitation Purchaser’s employees, and arising out of or as a result of: (i) the presence of Contractor or its subcontractors at the job site, (ii) the work performed by Contractor or its subcontractors, or (iii) any negligent act or omission of Purchaser, its employees, agents, consultants, other contractors or any person or entity under Purchaser’s control; except to the extent that such claims, demands, causes of action, liabilities or costs are caused by the negligence of Contractor or its subcontractors.
INTERPRETATION: This contract shall be governed by and construed in accordance with the laws of the state of the job site location. If any term, provision or condition contained herein shall, to any extent, be invalid or unenforceable, pursuant to state law or otherwise, the remainder of the terms, provisions and conditions herein (or the application of such term, provision, or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each term, provision and condition of this contract shall be valid and enforceable to the fullest extent permitted by law.
ASSIGNMENT & SUBLETTING: Purchaser shall not have the right to transfer or assign its rights and/or obligations under this contract to any third party, related or unrelated, without the express written consent of Contractor.
Contractor shall have the right to transfer, assign or sublet all or any portion of its rights or obligations hereunder, but such transfer, assignment or subletting shall not relieve Contractor from its full obligations to Purchaser unless such transfer, assignment or subletting is pursuant to the sale of Contractor, or the division of Contractor responsible for this contract, to a third party.
MISCELLANEOUS: The terms and conditions set forth herein constitute the entire understanding of the parties relating to the work to be performed, and materials and equipment to be provided, by Contractor for the Purchaser.
All previous proposals, offers, and other communications relative to the provisions of the subject work, oral or written, are hereby superseded, except to the extent that they have been expressly incorporated herein. Any modifications or revisions of any provisions herein or any additional provisions contained in any purchase order, acknowledgment, or other form of the Purchaser are hereby expressly objected to by Contractor and shall not operate to modify this contract. This contract shall take effect upon acceptance and execution by both parties.
Quote #: JHB-022026-1
Project Contract
Date: 2/20/2026
2055 Boggs Road Phone:(470) 602-4586 (James Hunter Black) Duluth, GA 30096 Fax: 678-835-0057 Terms: See Below www.adedgetech.com [email protected]
Prices FOB: Duluth, GA
Sold To/ Bill To: City of Hanford, California - Bob Williams Delivery:
1400 West Lacey Blvd. Hanford California 93230
[email protected] Customer PO:
Ship to: City of Hanford - Bob Williams Customer
Phone #: TBD
TBD
[email protected]
Project: Hanford CA MCO 2026
We are pleased to quote the following:
Item Quantity Description Unit Price Total
Media $255.00 $185,640.00
728 MM10033 E33 Bayoxide GFO Media
FT^3 Packaged in 14, 52 cubic foot supersacks (23,296 Pounds Total)
27.75$ 666.00$
24 GR10018 1/8" X 1/16" Underbedding Gravel
FT^3 Packaged in 48, 1/2 cubic foot bags (2,400 Pounds Total) Replacement Parts 74.57$ 149.13$
2 FP00021 Gasket EPDM 20 NPS
each
68.03$ 136.05$
D 2 TG20078 14" X 18" Manhole Gasket
each
Media Extraction and Dispsoal 43,386.00$
1 Disposal of old tanks will be done at a later time
Service Separate Quote will be required for this work
Project Supervision $7,201.58
1 AdEdge project coordination, onsite supervision of media extraction and loading, Tech Media conditioning and Chlorination, backwashing of media, Recommissioning of treatment system, and Replacing all nessecary parts Required Lab Testing
G 1 RCRA TCLP Metals 8 & CAL CAM WET 17 Te sting for Disposal Sample Collection, Laboratory Testing, and Submit Results for Waste Profile H Shipping and Handling $2,820.00
Shipping Estimate Included
Site Contact: Bob Williams
F Taxes
Hanford CA Tax Rate 7.25%
Total Quote Cost:
Notes:
* Freight Estimate Included/ Additonal Charges will be applied to final invoice Terms:
* Purchase Order required to hold pricing and proceed
* Quote is valid for 30 days from date of this proposal * Order is subject to credit approval by Chart Industries * 25% Upon Receipt of signed PO - Net 30 Terms
* 75% Due upon recommissioning of system - Net 30 Terms * Late payments subject to 12% interest annual
Customer Proposal Authorization: _____________________________________________ Date:
AdEdge Authorization: _______________________________________________________ Date:
Prices quoted above are current prices in effect and are subject to acceptance within 30 days from the above date, and are firm on an order resulting from this quote scheduled to ship within 30 days from date of order entry. All items quoted will be produced in strict accordance to any Government Regulation in effect including Fair Labor-Standards Act, OSHA, and Equal Employment Opportunity Executive orders. Delivery schedules are contingent upon strikes, accidents, fires, availability of materials and all other causes beyond our control.
A Included
$257,398.67
$17,399.91
Included
Included
Included
Included
B Included
The Parties hereto acknowledge that the signatory above is authorized to represent the respective party and bind that party to the terms and conditions contained herein * Taxes are not included and will be determined at time of invoicing C
E
F
Included
Included
02/20/2026
Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028
February 18, 2026
Hanford PW
900 S. 10th Ave.
Hanford, CA 93230
Sent via Email: [email protected]
Attn: Bob Williams
Subject: Well 50 Arsenic Media Replacement
Reference: TBD
Drawings: N/A
Specifications: N/A
Dear Bob,
Telstar Instruments (“Telstar”) is pleased to provide a quote for the referenced project to the above identified purchaser (“Customer”). Telstar will replace the existing gravel and arsenic filter media for two vessels at the Well 50 site. 24 cubic feet of gravel and 827 cubic feet of arsenic filter media will be replaced, and the vessels will be disinfected and put back into service.
By accepting this proposal from Telstar, you agree to treat this as confidential information.
SCOPE OF SUPPLY:
1. Telstar will remove the existing arsenic filter media and gravel from the two filter vessels, and place in disposable sacks. Telstar will clean and disinfect the inside of the vessels. Telstar will install 24 cubic feet of gravel and 827 cubic feet of arsenic filter media into the two vessels.
Replacement of the gravel and arsenic filter media for both vessels will be performed concurrently. The City will take samples after disinfection for BacT testing of water after vessel is refilled and have them analyzed by local laboratory.
2. The City will test the existing gravel and arsenic filter media to determine the requirements for disposal.
3. Telstar will furnish vacuum truck for gravel and arsenic filter media extraction from two vessels.
4. Telstar will furnish disposal materials (special super sacks) for the existing gravel and arsenic filter media.
5. Telstar will furnish replacement gravel and arsenic filter media for two vessels.
6. Telstar will furnish reach lift for gravel and arsenic filter media installation.
Contractor License #422364
Contractor DIR #1000000899
7. Telstar will furnish confined space gear to perform work in vessels.
Lump Sum Price for this Scope ............................................................................................ $355,823.00 Shipping and Handling for Telstar Supplied Materials IS INCLUDED Sales Tax IS INCLUDED
Media Disposal: Costs for Media Disposal are not included in this scope of supply. The cost of disposal will be determined by the arsenic media test results.
This quotation is based on Customer’s representation that this IS a prevailing wage project.
CLARIFICATIONS, EXCEPTIONS, AND EXCLUSIONS
a. Material price is valid for seven (7) days from date referenced on this quote (Refer to Industry Material Pricing and Delivery clause under Terms and Conditions) b. This quotation is based on the inclusion of Telstar’s standard Terms and Conditions as part of any purchase order, contract or other agreement.
c. Telstar’s quotation includes only those items listed above. Requests for additions/deletions from our scope will require a change in the quoted price. d. Telstar assumes no responsibility for performance, applicability, compatibility, start-up, testing, or acceptance of any equipment not furnished by Telstar under this proposal. e. Please reference the above stated quote number in all correspondence and purchase orders. f. A fee of 2% will be applied to all invoices paid by credit card.
TERMS AND CONDITIONS
Base Terms: The attached Quotation is valid for 30 days from the date of Telstar Instruments’ (“Telstar”) quotation.
Acceptance of Telstar’s Quotation constitutes a binding Agreement incorporating these Terms and Conditions (”Agreement”). Payment is due and payable 30 days from date of invoice. If payment is not received by the 30th day, a .05% daily service charge (18 -3/4% per annum) will be charged on all accounts past due. In the event of a dispute concerning payment, attorney's fees, court costs and costs of collection will be paid to the prevailing party.
The cost for permits and bonding are excluded unless expressly referenced in Telstar’s quotation. Our standard insurance applies unless agreed to in writing by Telstar. Telstar’s standard one year parts only w arranty applies to this quotation. All other warranties, express or implied, or referenced elsewhere in contract documents are excluded, including but not limited to implied warranties of merchantability or fitness for purpose. Unless expressly stated in Telstar’s estimate, this quote is based on standard straight time hours and does not include any prevailing wage rates. The price quoted herein is for the labor and materials specifically listed within the body of this quote.
Overtime and premium labor hours are not included in the quotation, and will result in an additional charge. Service calls are charged at a 4 -hour minimum per person, excluding travel time, which is charged separately. Unless expressly stated in the Quotation, training, operation an d maintenance manuals, and preparation of as built drawings are excluded from Telstar’s scope of work. The term “Equipment” and “Services” as used in these Terms and Conditions refers to the materials and labor provided by Telstar under this Agreement.
Limitation of Liability : (a) In no event shall Telstar, its suppliers or subcontractors be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of use of Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or Services, downtime costs, delays, or claims of customers of Customer, their officers, directors, mem bers employees or any third parties for any damages. Telstar’s liability for any claim, whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design,
Contractor License #422364
Contractor DIR #1000000899
manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any Equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case exceed twenty -five percent (25%) of the purchase price allocable to the Equipment or Services that are the subject of the claim. (b) All causes of action against Telstar arising out of or relating to this Agreement, or the performance or breach hereof shall be deemed barred unless brought within one year from the date of discovery or other accrual. (c) In no event, regardless of cause, shall Telstar be liable for liquidated damages, offsets or penalties of any kind or to indemnify, defend or hold harmless Customer, its officers, directors, members, employees or any third party, arising from or related to the Equipment and/or Services provided by Telstar.
Force Majeure: Telstar shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, pandemic, acts or omissions of any governmental authority or of Customer, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inabi lity to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate Telstar for such delay.
Cancellation: In the event of cancellation by Customer, Customer agrees to fully reimburse and compensate Telstar for all costs associated with this Agreement, including but not limited to engineering, labor, materials, quote and estimating time, and product return fe es, plus a ten percent (10%) markup to compensate for disruption in scheduling, planned production, indirect costs and profit. Payment for cancellation shall be due within ten (10) days from the date of submission of charges by Telstar.
Entire Agreement: This Agreement constitutes the entire agreement between Telstar and Customer. There are no agreements, understandings, restrictions, warranties, or representations between Telstar and Customer other than those set forth herein or herein provided. This Agreement may only be amended, changed or revised by a written amendment signed by an authorized representative of Telstar. No oral or implied agreements shall be of any force or affect.
Precedence: In the event Telstar is issued an authorization for work, Purchase Order, Contract or similar Agreement with conflicting Terms and Conditions than those set forth herein, these Terms and Conditions will take precedence and will supersede any and all other conflicting Terms and Conditions.
Submittals: In the event Telstar receives a Notice to Proceed or a written statement to proceed with submittals, Telstar will be entitled to compensation based on percent of completion of submittal cost to Customer. Telstar will prepare only one set of submittals, and any resubmittals shall be subject to an additional charge for engineering time and other costs in preparing re-submittals.
Prevailing Wages: Customer must promptly inform Telstar when a project will be registered on the Department of Industrial Relations. Customer must inform Telstar if Certified Payroll Reports are required to be submitted to Customer. If Customer requests Certified Payroll R eports beyond four weeks in arrears, Customer may be charged an administrative processing fee of $50.00 per week generated for said reports.
Authorized Signers: Only the following officers of Telstar have the legal authority to enter into binding agreements on behalf of Telstar: John D. Gardiner (President), Kyle A. Johnsen (Vice President), Robert S. Marston (Secretary), Benjamin R. Herston (Treasurer). If a document is signed by an unauthorized person, the document will be void and unenforceable.
Industry Material Pricing and Delivery: Telstar is unable to hold prices on materials for more than 7 days from the dates of the Quotation. Prices for plastic, copper, steel, and other commodities fluctuate daily. Our vendors and manufacturers can experience delays due to labor shortages, shortage of containers, port congestion, and raw material shortages that have extended lead times significantly. Material price fluctuations due to tariffs are not included in the quotation and may not be known until time of material shipment. Additional material costs associated with tariffs will be paid by the customer. Telstar reserves the right to change the delivery date and pricing of materials set forth in this Quotation. Telstar considers any of the above related changes imposed by our vendors and manufacturers as outside its reasonable control and subject to Force Majeure provisions.
Insurance: Telstar’s standard insurance limits will apply.
Contractor License #422364
Contractor DIR #1000000899
Open Shop: Telstar is an Open Shop contractor and will not be signatory to any unions.
Governing Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
Waiver: The failure of Telstar to insist upon the performance of any term or condition of this Agreement shall not be construed as a waiver of the future performance of any such term or condition or the future exercise of such right.
Severability: If any term of this Agreement is determined to be invalid or unenforceable under any applicable statute, regulation, ordinance, or other law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such law, and the remaining portions of this Purchase Order shall remain in full force and effect.
Dispute Resolution: In the event of any dispute arising from or relating to this Agreement, the parties agree to engage in informal efforts toward resolution by meeting in person. If such efforts are unsuccessful, the parties agree to submit the dispute to mediation with a neutral mediator for resolution, with the parties sharing the costs of such mediation equally. If the parties are unsuccessful in resolving their dispute, then the dispute shall be subject to litigation. If the dispute involves a public entity Owner, then the parties shall comply with the requirements of Public Contract Code section 9204.
We look forward to working with you on this project. If you have any questions, please contact me at the phone number below.
Sincerely,
Konor Meeks
Hanford Branch Manager
Telstar Instruments
(559) 584-7116
13.I.
AGENDA
STAFF REPORT
MEETING DATE: 3/3/2026 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Authorization for the City Manager to award a construction contract for The Plunge Mechanical Repairs to Oasis Pool and Spa, of Visalia, CA, in the amount of $161,815.00.
RECOMMENDATION:
Recommendation: It is recommended that the City Council authorize the City Manager to award a construction contract for the replacement of the slide pool filtration, backwash, and chemical monitoring systems, and installation of a new circulation pump to Oasis Pool and Spa, of Visalia, CA, in the amount of $161,815, per specifications of RFB 2026-13 Plunge Mechanical Repairs.
Recommended Motion: I move to authorize the City Manager to award a contract for the replacement of the slide pool filtration, backwash, and chemical monitoring systems, and installation of a new circulation pump to Oasis Pool and Spa, of Visalia, CA, in the amount of $161,815, per specifications of RFB 2026-13 Plunge Mechanical Repairs.
BACKGROUND:
The Plunge slide pool and slide structure were constructed in 1992 and since then the City of Hanford has completed several renovation and repair projects to keep the amenity in compliance with the California Department of Industrial Relations (DIR), Amusement Ride and Tramway (ART) Unit and the Virginia Graeme Baker Act pertaining to the pool drains and skimmers. Some of these renovations have included repairing the concrete support piers in 2013, the replacement of the stairway in 2016, a new water booster pump, with water meter, to ensure proper water flow in the slide in 2017, and replacement of the pool main drains.
The pool filtration system is now 30 plus years old. The filtration tank is showing signs of advanced corrosion to the steel tank, and the backwash system is now obsolete. The pool circulation pump is also ten (10) plus years old and will be replaced with a new variable frequency drive (VFD) motor that will be more efficient and conserve energy. Staff will also address other aging infrastructure while these renovations are being completed, such as the installation of a new chemical automation system, sensors, and monitoring probes. This will ensure the chemical levels are maintained at safe level for users.
With the more extensive work required to reach compliance with the slide pool, staff created a Request for Bids (RFB 2026-13). On December 23, 2025, the City solicited bids by posting the RFB on Bid-Net. Contractors can receive all related documents, addendum, plan holder lists, and award information. All bid documents were required to be included in Bidnet Direct’s California Purchasing Group website submission to be valid at the time of bid opening.
On January 8, 2026, a non-mandatory pre-bid meeting was held at The Plunge. Staff were present to review the bid specifications, review the mandatory requirements imposed by the State of California Department of Industrial Relations, and answer any questions. One (1) contractor attended the pre- bid meeting.
Unfortunately, On January 22, 2026, the City received no bids for The Plunge Mechanical Repairs Project. Staff then reached out to the contractor that attended the pre-bid meeting to inquire why no bid was submitted. He responded that his office staff had missed the submission date for the project and that they were still interested in bidding. Staff also reached out to other contractors that could perform the work. One local contractor, Oasis Pool and Spa, was interested in the project and was given the project specifications. Staff continued to reach out to the original contractor from the pre-bid meeting hoping to receive a proposal and still have not received any costs. Oasis Pool and Spa maintains large public pools for the Lemoore Naval Base and the Tachi Palace Casino Resort. They were able to submit an estimate that met the RFB specifications and are qualified to complete the project. Because of the time constraints on having the project completed for the pool season, staff are recommending the award of the repair project to Oasis Pool and Spa, of Visalia, CA.
This project requires a Public Works maintenance contract and, therefore, is subject to State of California prevailing wages, registration with the Department of Industrial Relations and submission of certified payroll to the Labor Commissioner as well as other requirements outlined in the City’s Labor Compliance Manual which was a part of the specifications.
FISCAL IMPACT:
The Plunge Remodel project is multi-funded using the Aquatics Capital/Equipment Replacement Reserve Fund and General Fund with a total appropriation of $425,014. The remaining available funds of this project are sufficient to cover the cost of the slide pool mechanical repairs for $161,815.
RFB 2026-11 has been previously awarded (12/16/25) in the amount of $75,764, and RFB 2026-12 Plunge Slide Pool Repairs awarded (2/03/26) in the amount of $58,152.
ATTACHMENTS:
1. Plunge Mechanical Repairs
2. Plunge Mechanical Repairs Draft Contract
3. City of Hanford Plunge Pool Quote
4. City of Hanford Plunge Pool-Labor & Materials only Quote
RFB No. 2026-13
PLUNGE MECHANICAL REPAIRS
Release Date: December 23, 2025
RFB 2026-13
Plunge Mechanical Repairs
2 INDEX
CONTRACT DOCUMENTS
PAGE NO.
Notice to Contractors 5
Bid Requirements and Conditions 7
1. Proposal Forms 7
2. Examination of Plans, Specifications, 7
Special Provisions, and Site of Work
3. Interpretation of Project Documents 7
4. Approximate Estimate 7
5. Bid Prices 8
6. Proposal Guaranty-Bid Bond 8
7. Withdrawal of Proposals 8
8. Rejection of Proposals 8
9. Qualification of Bidders 8
10. Disqualification of Bidders 9
11. Designation of Subcontractors 9
12. Recovery of Kickbacks by the City 9
13. Material Guaranty 9
14. Prevailing Wage Requirements 10
15. Overtime Requirements 11
16. Addenda 12
Bidders Checklist 13
Bid Proposal 14
Bid Schedule 16
Bid Guaranty Bond 17
Certification of Bidder′s Experience & Qualifications 19 Bidder′s List 20
Designation of Subcontractors 21
Non-Collusion Declaration 22
Workers’ Compensation Insurance Certificate 23 Equal Employment Opportunity Compliance Certificate 24
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3 PAGE NO.
Americans with Disabilities Act Compliance Certificate 25 Ownership Disclosure for Contractors and Subcontractors 26 Drug-Free Workplace Certification 27
Iran Contracting Act Certification 28
Award and Execution of Contract 29
1. Award of Contract 29
2. Contract Bonds 29
3. Execution of Contract 30
4. Failure to Execute Contract 30
5. Return of Proposal Guaranties 30
6. Insurance Requirements 30
7. Minimum Scope of Insurance 30
8. Minimum Limits of Insurance 31
9. Deductibles & Self-Insured Retentions 32
10. Other Insurance Provisions Endorsements 32
11. Acceptability of Insurers 33
12. Verification of Coverage 33
13. Subcontractors 34
14. City Indemnification 34
15. Estimates 34
16. Compliance with Laws 34
17. Licenses 35
18. Assignment and Subcontracting 35
19. Sole and Only Contract 35
20. Invalidity 35
21. Amendment 35
22. Governing Law 35
23. Waiver 36
24. Authority to Enter Contract 36
25. Notice 36
Labor Compliance Program and Labor and Other Code Requirements Certificate 37
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4 PAGE NO.
Agreement 46
Performance Bond 49
Guaranty Bond 51
Russia Sanctions Executive Order N-6-22 53
Equal Opportunity 53
Subletting or Assigning the Contract 55
Safety: Accident Prevention 56
SPECIAL PROVISIONS 57
Section 1 Definitions and Conflicts 58
Section 2 General Requirements/Scope of Work 59
EXHIBITS ATTACHED SEPARATELY
A- Photos
B- Project Plans
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5 NOTICE TO CONTRACTORS
Bid Submissions will be received through the Bidnet Direct’s California Purchasing Group website below, until 2:00 p.m. on Thursday, January 22, 2026, at which time they will be publicly opened digitally and posted for performing work in accordance with Plans and Specifications, therefore, as follows:
RFB 2026-13
PLUNGE MECHANICAL REPAIRS
Bids are required for the entire work as described herein:
Furnish all necessary labor, materials, equipment and incidentals necessary to complete the following tasks at the City of Hanford’s swimming facilities (The Plunge) , located at 415 Ford Street in Hanford, CA. Work shall be performed in accordance with industry standards. Work must be completed by April, 2026. Work will consist of Pump Control System Replacement, Variable Frequency Drive (VFD) Replacement, System Integration and Testing, and other General Requirements listed in the Special Provisions section of this document . Contractor must possess appropriate electrical and mechanical credentials for pump and VFD work.
There will be a non -mandatory pre-bid job walk at The Plunge, 415 Ford Street, Hanford, CA 93230 at 10:00 a.m. on Thursday, January 8, 2026.
Plans, specifications, and proposal forms to be used for bidding shall only be obtained through Bidnet Direct’s California Purchasing Group website:
http://www.bidnetdirect.com/california/cityofhanford
All vendors looking to do business with the City of Hanford are encouraged to register to access bids, related documents, addendum, plan holder lists, and award information. All bid documents shall be included in Bidnet Direct’s California Purchasing Group website submission to be valid at the time of bid opening.
Bids must be accompanied by a bidder ′s security made payable to the City of Hanford for an amount equal to at least ten percent (10%) of the amount bid, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into this contract.
All questions regarding this project shall be in writing and shall be submitted through Bidnet, no later than 4:00 p.m. on Thursday, January 15, 2026.
Any change to, or clarification of, the project plans and specifications shall be made in the form of an addendum issued to plan holders of record. Questions that prompt a change or clarification shall be included in the addendum with the subsequent answers.
All bids are to be compared on the basis of the City Engineer ′s estimate of the quantities of work to be done. No bids will be accepted from a Contractor who has not been licensed in accordance with the
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6 provisions of Chapter 9, Division 3 of Business and Professions Code. The City reserves the right to reject any or all bids.
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 for this project is as per the State of California Prevailing Wage rates for the County of Kings, of which wage scale on file in the City Engineer ′s office and the Department of Industrial Relations prevailing wage rate determinations website 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 prevailing wages to all workmen employed in the execution of the contract.
The City of Hanford, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US. C.§§ 2000d to 2000d -4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of age, race religio n, creed, color, nati onal origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in consideration for an award.
This project 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.
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7 BID REQUIREMENTS AND CONDITIONS
This contract is made by and between the City of Hanford, A Municipal Corporation (“City”), and ______________________________________________ (“Contractor”). The undersigned hereby agrees to perform work as described in the Scope of Work and the following criteria:
1. Proposal Forms
The entire Bid Packet shall be submitted digitally through Bidnet Direct’s California Purchasing Group website: http://www.bidnetdirect.com/california/cityofhanford . All vendors looking to do business with the City of Hanford are encouraged to register to access bids, related documents, addendum and award information.
It is the sole responsibility of the bidder to see that his bid is submitted electronically by the proper time. All bids received after the scheduled closing time for receipt of the bids shall be rejected.
The bidder is responsible for verifying and submitting with the bid proposal, at minimum, that the bid proposal is signed, that all addenda issued are received, that the bid bond is included with the proposal, and that the Non-Collusion Declaration is signed. Bids will be considered non-responsive if these items are not included with the original bid submittal.
2. Examination of Plans, Specifications, Special Provisions and Site of the Work
The bidder shall carefully examine the site of the work contemplated, and the proposal, plans, specifications, and contract forms, therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered regarding character, quality, and quantities of work to be performed and the materials to be furnished, and as to the requirements of these specifications, the Special Provisions, and the Contract. It is mutually agreed that submission of a proposal shall be considered "prima facie" evidence that the bidder has made such an examination.
3. Interpretation of Project Documents
Bidders, prospective subcontractors, manufacturers, and suppliers may request interpretation of the project documents prior to bid opening. Requests shall be made through Bidnet in the form of a Request for Information . Requests to clarify the source of materials, equipment, suppliers or any other such matter which does not modify, change, increase, or decrease the scope of work requires no action by the Owner other than a response to the bidder requesting the clarification. Requests to clarify possible ambiguous, conflicting, or incomplete statements or designs, or any other such clarification which modifies, changes, increases or decreases the scope of work requires issuance of an addendum by the Owner for the interpretation to become effective.
4. Approximate Estimate
The quantities given in the proposal and contract forms are approximate only, being given as a basis for any comparison of bids, and the City Council does not, expressly or by implications, agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease
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8 the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the Engineer.
5. Bid Prices
Bid prices shall include everything necessary for the completion of the work including but not limited to providing the materials, equipment, tools, plant and other facilities, and the management, superintendence, labor, and services. Bid prices shall include allowance for federal, state, and local taxes.
6. Proposal Guaranty – Bid Bond
Each proposal shall be accompanied by one of the following forms of bidder's security: cash , certified cashier's check, or a bidder's bond executed by an admitted surety insurer, made payable to the City of Hanford for an amount equal to at least ten percent (10%) of the total bid amount. No bid will be considered unless such cash, certified ca shier's check or bidder's bond is attached therewith. Bidder’s Bond shall be furnished from an admitted surety insurer listed in the Federal Register.
Pursuant to California Code of Civil Procedure Section 995.120 an "Admitted Surety Insurer" is defined as a corporate insurer or a reciprocal or inter -insurance exchange to which the Insurance Commissioner of the State of California has issued a Certificat e of Authority to transact surety insurance in the State of California.
A scanned copy of Bid Bonds must be submitted electronically with the bid through Bidnet prior to bid opening. Original hard copies of Bid Bonds shall be provided by the apparent low bidder within five business days following bid open and can be received at 900 S. 10 th Ave. Hanford CA 93230
addressed to City Engineer.
7. Withdrawal of Proposals
Any bid may be withdrawn at any point prior to the hour fixed in the Notice to Contractors for the opening of bids provided that a request in writing, executed by the bidder or his duly authorized representative for the withdrawal of such bid, is filed with the City Director of Finance. The withdrawal of a bid will not prejudice the right of the bidder to file a new bid . Bids will be opened at the time fixed in the advertised Notice to Contractors through Bidnet, and a bid will not be received after that time, nor may a bid be withdrawn after the time fixed in such notice.
8. Rejection of Proposals
Proposals may be rejected if they show any alterations of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. The City of Hanford reserves the right to reject any and/or all proposals.
9. Qualification of Bidder
Bidder shall certify that he is, at the time of bidding, and shall be throughout the period of the contract, licensed under the provisions of Chapter 9, Division 3 of the Business and Professions
RFB 2026-13
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9 Code of the State of California to do the type of work contemplated in the project manual. The bidder shall further certify that he is skilled and regularly engaged in the general class and type of work called for in the project manual.
The bidder also certifies that he is knowledgeable of the unusual and peculiar hazards associated with the general class and type of work required to construct the specified project within the terms given in the project manual. The bidder shall be competent and skilled in the protective measures necessary for the safe performance of the construction work with respect to such unusual and peculiar hazards.
10. Disqualification of Bidders
More than one proposal from an individual, a firm or partnership, a corporation or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, none of the participants in such collusion will be considered in future proposals. Proposals in which the prices obviously are unbalanced may be rejected.
11. Designation of Subcontractors
All subcontractors doing work more than one-half of one percent (1/2 %) of the total bid amount shall be designated on the blank form contained within this volume. Failure to list subcontractors may render a bid nonresponsive and may be grounds for rejection of bids.
12. Recovery of Kickbacks by the City
Upon showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or an order, it shall be conclusively presumed that the amount discovered was included in the price of the subcontract or order and ultimately borne by the City and will be recoverable from the recipient. In addition, that amount may also be recovered from the subcontractor making such kickbacks. Recovery from one offending party shall not preclude recovery from other and all offending parties.
It shall be illegal for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated with contracting, as an inducement for the award of a subcontract or order.
13. Material Guaranty
Before any contract is awarded, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any and all materials to be used in the construction of the work together with samples, which may be subjected to the tests provided for in these specifications to determine their quality and fitness for the work.
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10 14. Prevailing Wage Requirements
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 California 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 d isputes pertaining to the classification of labor employed on the Project under the Contract Documents shall 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 authorities governing wages, hours of work of the employment of labor, nor to condone any violation of such laws, orders or regulations.
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.
The Contractor shall forfeit Two Hundred Dollars ($200.00) to the City for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the California Department of Industrial Relations for such work or craft in which such worker is employed by the contractor or by any subcontractor, of any tier, in connection with the work. Pursuant to CALIFORNIA LABOR CODE SECTION 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker in addition to the penalties.
CALIFORNIA LABOR CODE SECTION 1742.1 makes the Contractor, any subcontractor and the payment bond insurer jointly and severally liable for liquidated damages equal to the total underpayment
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11 of wages remaining uncorrected for sixty (60) days after receipt of the first notice of the underpayment.
The underpaid employee will receive both the liquidated damages and the underpayment amount. The District may also request imposition of penalties equ al to Fifty Dollars ($50.00) per day per worker in addition to the liquidated damages and underpayment.
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, frin ge 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 its designer, 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 a 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 enforce 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 subcontractors on th e 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.
If a project total cost is $25,000 or less for construction, demolition, installation, or repair work, OR $15,000 or less for maintenance work, the Contractor is EXEMPT from:
i) DIR registration requirements for contactors or subcontractors performing the work ii) Requirements for electronic submission of monthly payroll records to the DIR iii) Requirements for DIR notification following award of the contract.
15. Overtime Requirements
a) Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar da y or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1 ½) times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may be.
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12 b) Violation; Liability for Unpaid Wages; In the event of any violation of the clause set forth in subparagraph (1), the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages.
c) Liquidated Damages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause set forth in subparagraph (1) in the sum of $10 for each calendar day in which such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1). d) Withholding for Unpaid Wages and Liquidated Damages. The Department of the Treasury may withhold or cause to be withheld from any monies payable on account of work performed by the Contractor or subcontractor such sum as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2).
e) Subcontracts. The Contractor shall insert in any subcontracts the clause set forth in subparagraph (1), (2), and (3) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts which they may enter into together with a clause requiring the insertion in any further subcontracts that may in turn be made.
16. Addenda
If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the Plans and Specifications or other proposed Contract Documents or finds discrepancies in or omissions from the drawings or Specifications, he may submit to the City Engineer through Bidnet a request for information for an interpretation or correction thereof. The person submitting the request shall submit said request at least seven (7) days prior to the bid opening date. Any interpretation or correction of the proposed documents will be made only by Addendum duly issued, and a copy of such Addendum will be e mailed or delivered to each person receiving a set of such documents. The City Council will not be responsible for any other explanations or interpretations of the proposed documents.
Each bid form shall include specific acknowledgment in the space provided of receipt of all addenda issued and emailed by the Owner during the bidding period. Failure to acknowledge so may result in the bid being rejected as not responsive.
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13 BIDDER'S CHECKLIST
SUBMIT THIS BIDDER’S CHECKLIST WITH YOUR BID DOCUMENTS.
Bidders shall complete and submit all documents marked with an “X” in the “REQUIRED” column for bids to be considered responsive.
REQUIRED
1. Bid Proposal
2. Bid Schedule
3. Bid Bond
4. Certification of Bidder’s Experience and Qualifications
5. Bidder’s List
6. Designation of Subcontractors
7. Preliminary Construction Schedule
8. Non-Collusion Affidavit
9. Workers Compensation Certificate
10. Equal Employment Opportunity Compliance Certificate
11. Americans with Disabilities Act Compliance Certificate
12. California Ownership Disclosure for Contractors
13. State of California Drug-Free Workplace Certification
14. Iran Contracting Act Certification
15. All issued Addenda
16. Bid Security attached to front of Proposal in the form of (check one):
Certified Check Bid Guaranty Bond
Cashier’s Check Cash
SUBMITTED BY:
Name of Company Contact Name
Address
City State Zip
Phone No. Fax No.
Contractor’s License No.
Contractors D.I.R. Number _____________
Documents required on the checklist but not included with your bid may render your bid non - responsive and ineligible for award. Bids received by the City of Hanford by the scheduled bid opening time will be opened and publicly read but are subject to verification that all the required documents have been submitted.
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14 BID PROPOSAL
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
City of Hanford Date:
315 North Douty Street
Hanford, CA 93239-3951
The undersigned, as bidder, declares that we have received and examined the project entitled.
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and will contract with the owner, on the form of agreement provided herewith, to do everything required for the fulfillment of the contract to:
Furnish all necessary labor, materials, equipment and incidentals necessary to complete the following tasks at the City of Hanford’s swimming facilities (The Plunge) , located at 415 Ford Street in Hanford, CA. Work shall be performed in accordance with industry standards. Work must be completed by April, 2026. Work will consist of Pump Control System Replacement, Variable Frequency Drive (VFD) Replacement, System Integration and Testing, and other General Requirements as described in Special Provisions, Section 2 of this document. Contractor must possess appropriate electrical and mechanical credentials for pump and VFD work.
We agree that the contract documents include all parts of this project as well as all referenced federal, state, and local agency requirements.
We acknowledge that addenda numbers _____________ through __________ have been received and have been examined as part of the project.
Attached is a bid guaranty bond duly completed by a guaranty company authorized to carry on business in the State of California in the amount of at least 10 percent (10%) of the total amount of our bid, or alternatively, there is attached a certified cashier′s check payable to the Owner in the amount of at least 10 percent (10%) of the total amount of our bid.
If our bid is accepted, we agree to sign the agreement without qualifications and to furnish the performance bond and the required evidence of insurance within 20 calendar days after receiving written notice of the award of the contract.
It is further understood and agreed that:
(a) In case of a discrepancy between words and figures, the words shall prevail, and in case of a discrepancy between unit prices and totals, the unit price shall prevail. (b) The City reserves the right to eliminate any section of this proposal from the contract without claim from the contractor for profits lost.
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15 (c) No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after execution of the Agreement, shall affect or modify any of the terms or obligations of this proposal.
(d) The City will not be responsible for any errors or omissions on the part of the undersigned in making up his bid nor will the bidder be released on account of errors. (e) The undersigned bidder is properly licensed in accordance with the State of California Act providing for the registration of Contractors.
(f) If the proposal shall be accepted and undersigned shall fail to contract as aforesaid and to give the bonds in the sums to be determined aforesaid with surety satisfactory to the City Council within TWENTY (20) CALENDAR DAYS after the bidder has received notice from the City Council that the contract is ready for signature, the City Council may, at its option, determine that the bidder has abandoned the contract, and thereafter, this proposal and the acceptance thereof shall be null and void, and the forfeiture provisions relating to such security accompanying this proposal shall operate and the said security shall be the property of the City of Hanford.
We further agree, if our bid is accepted and a contract for performance of the work is entered into with the Owner, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated.
____________________________________
Name of Bidder
____________________________________
Contractor's License No.
____________________________________
Signature of Bidder
____________________________________
Title of Signatory
____________________________________ ____________________________________ Witness Address of Bidder
___________________________________ ____________________________________ Title of Witness State of Incorporation
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16 BID SCHEDULE
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
PROJECT TITLE:
PLUNGE MECHANICAL REPAIRS
per specifications of RFB 2026-13
ITEM
NO.
EST.
QTY.
UNIT DESCRIPTION ITEM AMOUNT
(include all appurtenant
expenses, labor, installation,
tools, delivery, taxes,
incidentals, and fees)
1 1 LS Removal of existing filtration system, and
installation of new EPD filtration system
$ _____________
2 1 LS
Removal of existing Pentair VFD circulation pump,
and installation of equivalent Pentair VFD circulation
pump
$ _____________
3 1 LS
Replacement and calibration of the BECS chemical
monitoring system with new BECSys3 chemistry
controller and monitoring system
$ _____________
TOTAL BID AMOUNT $ ________________________
NUMERICAL VALUE
TOTAL BID AMOUNT WRITTEN IN WORDS:
______________________________________________________________________________________
_______________________________________________________________________________________
The lowest responsive and responsible bid will be determined on the basis of Total Bid amounts. The City reserves the right to reject any and all bids.
Abbreviations Used Above: LS= LUMP SUM
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17 BID GUARANTY BOND
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
KNOW ALL MEN BY THESE PRESENTS:
That , hereinafter,
called the Principal, and , hereinafter. called the Surety, are jointly a nd severally held and firmly bound unto the City of Hanford, hereinafter called the Oblige, each in the penal sum of 10 percent (10%) of the total amount of the bid of the Principal for the work, this sum not to exceed, Dollars ($_________________) of lawful money of the United States for the payment whereof unto the Oblige, the Principal and Surety jointly and severally bind themselves forever firmly by these presents.
WHEREAS the Principal is herewith submitting its offer for the fulfillment of Oblige′s contract for:
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NOW THEREFORE, the conditions of this obligation is such that if the Principal is awarded the contract, and if the Principal, within the time specified in the bid for such contract enters into, executes, and delivers to the Oblige an agreement in the form provided herein complete with evidences of insurance, and if the Principal within the time specified in the bid gives to the Oblige the performance and payment bonds on the form provided herein, then this obligation shall be void; otherwise, the Principal and Surety will pay unto the Oblige the difference in money between the total amount of the bid of the Principal and the amount of which the Oblige legally contract with another party to fulfill the contract if the latter amount be in excess of the former, but in no event shall the Surety′s liability exceed the penal sum hereof.
AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable under this obligation as Principal, and that nothing of any kind or nature whatsoever that will not discharge the Principal shall operate as a discharge or a release of liability of the Surety.
IT IS HEREBY FURTHER DECLARED AND AGREED that this obligation shall be binding upon and insured to the benefit of the Principal, and Surety, and the Oblige and their respective heirs, executors, administrators, successors and assigns.
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18 SIGNED AND SEALED this _____ day of ________________________ 20___.
(SEAL) __________________________________________________ Principal
__________________________________________________
Signature for Principal
(SEAL) __________________________________________________ Surety
__________________________________________________
Signature for Surety
__________________________________________________
Title of Signatory
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19 CERTIFICATION OF BIDDER'S
EXPERIENCE AND QUALIFICATIONS
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
The undersigned bidder certifies that he is, at the time of award, and shall be, throughout the period of the contract, licensed by the State of California to do the type of work required under terms of the contract documents, under California Contractors License Number ____________________, and w hich has an expiration date of ____________________. Bidder further certifies that he is skilled and regularly engaged in the general class and type of work called for in the contract documents.
In accordance with the requirements of Section 9 on Page 9, the bidder represents that he is competent, knowledgeable and has special skills in the nature, extent, and inherent conditions of the work to be performed. Bidder expressly acknowledges that he is aware of and has the skill and experience to foresee and to adopt protective measures to perform the construction work adequately and safely.
The bidder and its employee or agent signing this Certification declares under penalty of perjury that the foregoing statements and representations are true and correct and will remain true and correct throughout the period of the contract.
The Bidder’s List on the next page should be completed and incorporated with documents submitted at time of bid. After award of contract, all subcontractors’ information on Bidder’s List shall be submitted to Project Engineer.
Signed this ____ day of _________________________20___.
___________________________________________________
Name of Bidder
___________________________________________________
Contractor's License No. & State
___________________________________________________
Signature of Bidder
___________________________________________________
Title of Signatory
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20 BIDDER’S LIST
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
All bidders/proposers are requested to provide the following information for all DBE and non-DBE contractors who provide a proposal, bid, quote, or are contacted by the proposed prime. This information is also required from the prime contractor, and we request that it be submitted with their bid/proposal. The City of Hanford will use this information to maintain and update a “Bidder’s” List to assist in the overall annual DBE goal-setting process.
Firm Name:
Contractors License Number:
Department of Industrial Relations Number (DIR Number):
Address:
Contact Person:
Phone:
Fax:
E-mail Address:
Number of years in Business:
Type of work/services/materials provided by firm:
What are your firm’s Gross Annual Receipts for last year? [ ] Less than $1 million
[ ] Less than $5 million
[ ] Less than $10 million
[ ] Less than $15 million
[ ] More than $15 million
Thank you for your cooperation in completing this survey.
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21 DESIGNATION OF SUBCONTRACTORS
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
The undersigned certifies that he has used the sub -bids of the following listed subcontractors in making up his bid, and that the duly licensed subcontractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of these specifications and plans. If no subcontractors will be on the job, write “None” across form.
All subcontractors used for the work must be listed per Section 4104(a) of the Public Contract Code.
ITEM #
SUBCONTRACTOR
ADDRESS/TELEPHONE NO.
CSLB LICENSE
NO.
D.I.R. NUMBER
_____________________________________ ______________________________________ Date Bidder's Name _____________________________________ ______________________________________ Address Authorized Signature _____________________________________ ______________________________________ Type of Organization Telephone Number
(Individual, Partnership or Corporation)
__________________________________ ______________________________________ Bidder’s License No. Bidder’s D.I.R. No.
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22 NON-COLLUSION DECLARATION
Public Contract Code § 7106
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
The undersigned declares:
I am the __________________________________________[Title]
of __________________________________________ [Name of Bidder], the party making the foregoing bid for:
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The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited a ny other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organi zation, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on
_____________________[Date], at
_____________________[City], _____________________[State].
_______________________________________
Signature of Bidder
________________________________________
Name and Title of Signature
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23 WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
STATE OF CALIFORNIA )
) ss
CITY OF HANFORD )
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.
Company Name: _______________________________________________________________
Business Address: _______________________________________________________________
Signature:_____________________________________________________________________
Name of Signing Official: ________________________________________________________
Title of Signing Official: _________________________________________________________
Date: __________________________________________________________________________
Company Seal:
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24 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
Equal Opportunity Clause: Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Hanford, the Proposer agrees as follows:
a) The proposer will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin, or political affiliation. The proposer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin, or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The proposer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
b) The proposer will, in all solicitations or advertisements for employees, placed by or on behalf of the proposer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.
c) The proposer will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the proposer commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.
d) The proposer will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.
e) The proposer will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
f) In the event of the proposer’s non -compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the proposer may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.
g) The proposer will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The proposer will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the proposer becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the proposer may request the United States to enter into such litigation to protect the interest of the United States.
Company Name: __________________________________________________________________________________ Business Address: _________________________________________________________________________________ Signature: _______________________________________________________________________________________ Name of Signing Official (type): _____________________________________________________________________ Title of Signing Official (type): _________________________________Date: _________________________(SEAL)
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25 AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract.
By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
Company:______________________________________________________________________
Business Address: _________________________________________________________________
Signature:________________________________________________________________________
Name of Signing Official: _________________________________________________________
Title of Signing Official: _________________________________________________________
Date: _______________________________________________
Company Seal:
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26 CITY OF HANFORD, CA OWNERSHIP DISCLOSURE FOR CONTRACTORS
AND CONSULTANTS
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
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 __________________________________________
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27 STATE OF CALIFORNIA DRUG-FREE WORKPLACE CERTIFICATION STD.21 (REV.12-93)
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.
Contractor Proposer Firm Name: _____________________________________________________ Federal ID Number: _____________________________________________________ BY (Authorized Signature): _____________________________________________________ Date Executed: _____________________________________________________ Printed Name of Person Signing: _____________________________________________________ Telephone Number (Including Area Code): _____________________________________________ Title: _______________________________________________________________________________ Contractor/Proposer Firm’s Mailing Address: ____________________________________________ The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
a) The dangers of drug abuse in the workplace,
b) The person’s or organization’s policy of maintaining a drug-free workplace, c) Any available counseling, rehabilitation, and employee assistance programs, and d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or grant:
a) Will receive a copy of the company’s drug-free workplace policy statement, and b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.
4. At the election of the contractor or grantee, from and after the “Date Executed” and until (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, then the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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28 IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
The Contractor is not:
(a) 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
(b) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 3 years).
Signature: _______________________________________________________ Printed Name: ______________________________________________________ Title: ___________________________________________________________ Agency Name: ___________________________________________________ Date: ___________________________________________________________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
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29 AWARD AND EXECUTION OF CONTRACT
1. Award of Contract
Upon review of the proposals, the contract will be awarded and executed per Paragraph 2.07 and
2.08 of Subsection 2 (Proposal and Contract) of Section 1 (General Conditions) of the City Standards and these contract documents. The award of the contract, if it is awarded, will be to the lowest responsible , responsive bidder whose proposal complies with all the requirements prescribed.
The City of Hanford, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 C.F.R., Part 8), issued pursuant to such Act, hereby notifies all bidders that it will a ffirmatively ensure that the contract entered into pursuant to this advertisement will be awarded to the lowest responsible, responsive bidder without discrimination on the grounds of race, color or national origin.
The City Council, however, reserves the right to reject any or all bids and to waive any informality or irregularity in bids received. The City Council also reserves the right to reject the bid of any bidder who has previously failed to perform properly or did not complete on time contracts with the City of Hanford of a nature similar to this project.
Such an award, if made, will be made within sixty (60) days after the opening of the proposals. All bids will be compared on the basis of the Engineer's Estimate of the quantities of work to be done.
2. Contract Bonds
The successful bidder shall furnish a good and sufficient bond listed in the Federal Register and executed by an "Admitted Surety Insurer," in the amount of one hundred percent (100%) of the total bid amount to guarantee the faithful performance of the contract by the Contractor, and a second bond.
Pursuant to California Code of Civil Procedure Section 995.120, an “Admitted Surety Insurer” is defined as a corporate insurer or a reciprocal or inter-insurance exchange to which the Insurance Commissioner of the State of California has issued a Certifica te of Authority to transact surety insurance in the State of California.
The successful bidder shall, in addition, furnish a surety bond in a penal sum of ten percent (10%) of the amount of the contract as Warranty security for the correction of deficiencies during the specified guaranty period as specified in Paragraph 6.26 of Subsection 6 (Legal Relations and Responsibilities to the Public) of Section 1 (General Conditions) of the Standard Specifications, Titled " Defective Material and Workmanship Guarantee." Said Bond shall be furnished by the completion of the contract prior to acceptance by the City.
All alterations, extensions of time, extra and additional work and other changes authorized by these specifications may be made without securing the consent of the surety or sureties on the contract bonds.
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30 Whenever any surety or sureties on any such bonds required by a law for the protection of the claims of performance becomes insufficient, or the C ity has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required as is considered necessary. Thereafter, no payment shall be made upon such contract to the Contractor until such further bond or bonds or additional surety has been furnished.
3. Execution of Contract
The contract shall be signed by the successful bidder and returned together with the contract bonds and satisfactory evidence of insurance as provided in this section within twenty (20) calendar days after the bidder has received notice that the Contract h as been awarded. No proposal shall be considered binding upon the City until the execution of the contract.
4. Failure to Execute Contract
Failure to execute a contract, file acceptable bonds, and provide insurance as provided herein within twenty (20) calendar days after the bidder has received notice that the contract has been awarded shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.
If the successful bidder refuses or fails to execute the contract, the City Council may award the contract to the second lowest responsible , responsive bidder. If the second lowest responsible , responsive bidder refuses or fails to execute the contract, the Council may award the contract to the third lowest responsible, responsive bidder. On the failure or refusal of the second or third lowest responsible, responsive bidder to whom any such contract is so awarded to execute the same, such bidder's guarant ies shall be likewise forfeited to the City. The work may then be re- advertised or may be constructed by the day labor, as the City Council may decide.
5. Return of Proposal Guaranties
Within ten (10) calendar days after the award of the contract, the City Council will return the proposal guaranties accompanying such of the proposals as are not to be considered in making the award. All other proposal guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany.
6. Insurance Requirements
The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Contractor will maintain the following coverage, and coverage shall be at least as broad as:
7. Minimum Scope of Insurance
Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies.
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31 a) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 0001, including products and completed operations, with limits of no less than TWO MILLION AND NO/100 DOLLARS ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be FOUR MILLION AND NO/100 DOLLARS ($4,000,000), twice the required occurrence limit.
b) Automobile Liability: ISO Form Number CA 0001 covering any auto (Code 1), with a limit no less than TWO MILLION AND NO/100 DOLLARS ($ 2,000,000) combined single limit for each occurrence for bodily injury and property damage for all activities arising out of or in connection with the Services to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles.
c) Workers’ Compensation: 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. In addition, Contractor shall require each subcontractor to similarly maintain worker’s compensation insurance or employer’s liability insurance in accordance with the laws of the State of California for all of subcontractor’s employees. Any notice of cancellation, non-payment of premium, non- renewal or modification of any Workers’ compensation policies must be received by the City at least ten (10) days prior to such cancellation, non-renewal or modification.
8. Minimum Limits of Insurance:
Contractor’s insurance policies shall be “occurrence” policies and not “claims-made” coverage.
If any coverage required is written on a claims-made coverage form:
(a) The retroactive date must be shown, and this date must be before the execution date of this contract or the beginning date of contractor work.
(b) Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract work.
(c) If coverage is canceled or non-renewed and not replaced without another claims-made policy form with a retroactive date prior to the contract effective date, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
(d) A copy of the claims reporting requirements must be submitted to City for review and approval.
If Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Contractor.
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32 Contractor may maintain an Umbrella policy in conjunction with the insurance policies referenced above. In such case, Contractor shall be deemed to have satisfied the insurance requirements of this contract as long as:
(a) 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
(b) coverage under the Umbrella policy is as broad as and includes all incidents and events covered by the underlying insurance that it supplements.
9. Deductibles & Self-Insured Retentions:
Any deductibles or self-insured retentions must be declared with the insurance document and provided to and approved by the City. The City may require Contractor 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, the City may require Contractor to provide a Financial Guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the retention.
10. Other Insurance Provisions Endorsements:
The policies are to contain, or be endorsed to contain, the following provisions:
(a) “The City and its elected or appointed officers, officials, employees, agents, 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 Contractor including materials, parts, or equipment furnished in connection with such work or operations; products used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. General liability coverage can be provided in the form of endorsement to Contractor’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 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, its officers, officials, employees or volunteers.
(b) For any claims related to this contract, Contractor’s insurance coverage shall be primary insurance as respects the 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 Contractor’s insurance and shall be non-contributory.
(c) Each insurance policy required above shall provide that coverage shall not be canceled, except with a minimum 30 days’ notice to the City.
(d) The policies of insurance shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self -insured retention the City may h ave, shall be considered excess insurance only and shall not contribute with the policies of insurance obtained by Consultant.
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33 (e) These policies of insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insurance company.
(f) The insurer shall agree to waive all rights of subrogation against City, its officials, officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. (g) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(h) The insurance provided by these policies shall not be suspended, voided, canceled, modified or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
11. Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than “A -“ (Excellent) and which are authorized to write business in California.
12. Verification of Coverage
Contractors shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’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.
All forms and endorsements are to list the City of Hanford as additional insured’s. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Contractor hereby grants to City and its officers, officials, employees, and volunteers a waiver of any right to subrogation which any insurer of Contractor may acquire against the City and/or its officers, officials, employees, and volunteers by virtue of the payment of any loss under such insurance. Contractor agrees to obtain endorsements necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name City as a loss payee.
If the project does not involve new or major reconstruction, at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, a lteration, conversion, or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, b roken, or destroyed during the performance of this contract, including during transit, installation, and testing at the City-owned site.
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34 The City reserves the right to modify the insurance requirements contained in this contract, including, without limitation, coverage limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances.
13. Subcontractors
Contractor shall include all subcontractors as insureds under its policies OR shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
14. City Indemnification
To the fullest extent allowable by law, Contractor agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against all claims, demands, actions, injuries, liabilities, losses, costs or d amages, 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 Contractor’s or its owners, directors, officers, managers, employees, agents or subcontractors’ willful misconduct or negligent acts or omissions in the performance of the services and Contractor’s responsibilities and obligations to be performed under this Agreement or its failure to perfor m or comply with any of its obligations or responsibilities contained in this Agreement. This excludes, however, such liability, claims, losses, damage or expenses arising from the sole negligence, active negligence or willful misconduct of the City or its officials, officers, employees, agents and volunteers. This duty to indemnify, defend, and hold harmless shall survive the termination of this Agreement.
15. Estimates
The Contractor shall once each month prepare an estimate (on forms furnished by the Engineer) of the total amount of work done and acceptable materials on hand (materials furnished and delivered by the Contractor on the ground and not used). The Engineer shall review the Contractor's monthly estimate for compliance with the provisions of the contract. Upon the Engineer's approval of the Contractor's monthly estimate, the City of Hanford shall retain 5% of such estimated value of the work done and materials on hand and shall pay monthly to the Contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting there from all previous payments and all sums to be kept or retained under the provisions of the contract.
No such estimate or payment shall be required to be made, when in the judgment of the Engineer, the work is not the total value of the work done since the last estimate amounts to less than five hundred dollars ($500).
16. Compliance with Laws
Contractor 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 addition, if the request for proposal to provide professional services wh ich are the subject of this contract cited any federal or state financial assistance involved in the project for which the services are provided, the Contractor shall perform all services in accordance with all applicable federal and state laws, rates and regulations.
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35 17. Licenses
Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to lawfully and competently perform the services. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect, or obtain at all times during the term of this contract, any licenses, permits, insurance and approvals which are legally required of Contractor to lawfully and competen tly perform the services. Contractor shall maintain a City of Hanford business license.
18. Assignment and Subcontracting
The parties recognize that a substantial inducement to City for entering into this contract is the reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this contract will be permitted only with the express consent of the City, which consent may be withheld in the sole and absolute discretion of City. Contractor shall not subcontract any portion of the services to be performed under this contract without the written consent of the City, which consent may be withheld in the sole and absolute discretion of City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this contract shall: (1) create any contractual relationship between City and subcontractor; (2) create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor; or (3) relieve Contractor of any of its obligations and responsibilities under this contract.
19. Sole and Only Contract
This contract 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 contract 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 contract, and no other agreement, statement or promise shall be valid or binding.
20. Invalidity
If any provision of this contract 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.
21. Amendment
No change, amendment or modification of this contract shall be valid unless the same be in writing and signed by the parties hereto.
22. Governing Law
This contract shall be construed and governed pursuant to the laws of the State of California.
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36 23. Waiver
Waiver of a breach or default under this contract shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this contract.
24. Authority to Enter Contract
Contractor has all requisite power and authority to conduct its business and to execute, deliver and perform the contract. Each party warrants that the individuals who have signed this contract have the legal power, right and authority to make this contract and to bind each respective party.
25. 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 email 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, properly addressed to the party to receive such notice at the address identified.
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37 LABOR COMPLIANCE PROGRAM AND
LABOR AND OTHER CODE REQUIREMENTS CERTIFICATE
PART 1 STATE WAGE RATE CLAUSES
A. Pursuant to Sections 1720 et seq., and 1770 et seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Prevailing wage schedules for Kings County are available from the Department of Industrial Relations - Division of Labor Statistics and Research via the Internet at www.dir.ca.gov. A prevailing wage scale is also on file in the office of the CITY OF HANFORD PUBLIC WORKS DEPARTMENT and copies may be obtained upon request.
B. The successful bidder intending to use a craft or classification not shown on the prevailing rate determinations may be required to pay the rate of the craft or classification most closely related to it.
C. Pursuant to the provisions of California Labor Code, section 1773, the City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate of holiday 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 Work. Copies of the prevailing rate of per diem wages are on file at the City’s Public Works Department office and shall be made available to any interested party on request. The Contractor shall cause a copy of the Director’s determination of the prevailing rate of per diem wages to be posted at a prominent place at the site of the Work. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid and will not under any circumstances be considered as the basis of claim against the City. The Contractor shall comply with Labor Code section 1774 and 1775. In accordance with Labor Code section 1775, the Contractor shall forfeit as a penalty to the City not more than $50 for each Day or portion thereof for each worker paid less than the prevailing rates as determined by the director for the Work or craft in which the worker is employed for any Work or by any subcontractor under the Contractor. The amount of this penalty shall be determined by the Director based on the factors set forth in section 1775. In addition to such penalty, the difference between such prevailing wage rates and the amount paid to each workman for each day or portion thereof for each workman was paid less than the prevailing wage rate shall be paid to each worker by the Contractor.
PART 2 LABOR CODE SECTION 1776 - COMPLETE PAYROLL RECORDS; CERTIFIED AND
AVAILABLE
A. Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
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38 (1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
B. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement.
If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs o f preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
C. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
D. A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request.
E. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor -management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fees and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of
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39 this chapter.
F. The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide notice of a change of location and address.
G. The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10- day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
H. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
I. The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.
PART 3 LABOR CODE SECTION 1777.5 - EMPLOYMENT OF PROPERLY REGISTERED
APPRENTICES
A. Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works.
B. Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
C. Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training.
(2) The rules and regulations of the California Apprenticeship Council.
D. When the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and
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40 may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected.
However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. "Apprenticeable cr aft or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
E. Prior to commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body if requested by the awarding body.
Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requ ested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months.
F. The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities.
G. The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the contractor agrees to be bound by those standards, but, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
H. This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio.
The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract.
However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the Division of Apprenticeship Standards, upon app lication of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification.
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41 I. A contractor covered by this section that has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship program in the craft or trade, shall emplo y the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
J. Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade.
K. An apprenticeship program has the discretion to grant a certificate to a participating contractor or contractor association , which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent.
(2) The number of apprentices in training in the area exceeds a ratio of 1 to 5.
(3) There is a showing that the apprenticeable craft or trade is replacing at least one- thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis.
(1) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
L. When an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council. The same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract.
(2) At the conclusion of the 2002- 03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the
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42 council under this subdivision, less the expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows:
M. If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
N. If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and geographic area for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices registered in each program.
O. All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Division of Apprenticeship Standards.
PART 4 LABOR CODE SECTION 1810 - DEFINITION: A LEGAL DAY’S WORK
A. Eight hours labor constitutes a legal day's work in all cases where the same is performed under the authority of any law of this State, or under the direction, or control, or by the authority of any officer of this State acting in his official capacity, or under the direction, or control or by the authority of any municipal corporation, or of any officer thereof. A stipulation to that effect shall be made a part of all contracts to which the State or any municipal corporation therein is a party.
PART 5 LABOR CODE SECTION 1811 - TIME OF SERVICE - CALENDAR WEEK
A. The time of service of any workman employed upon public work is limited and restricted to 8 hours during any one calendar day, and 40 hours during any one calendar week, except as hereinafter provided for under Section 1815.
PART 6 LABOR CODE SECTION 1812 - ACCURATE LABOR RECORDS
A. Every contractor and subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the awarding body and to the Division of Labor Standards Enforcement.
PART 7 LABOR CODE SECTION 1813 - PENALTY FOR OVERTIME ON ANY PUBLIC WORK CONTRACT This is stated in overtime requirements. Remove?
A. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be
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43 inserted in the contract, a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract and shall report them to the Division of Labor Standards Enforcement.
PART 8 LABOR CODE SECTION 1815 - MINIMUM OVERTIME PAY
A. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay.
PART 9 LABOR CODE SECTION 1860 - CONTRACT PROVISION
A. The awarding body shall cause to be inserted in every public works contract a clause providing that, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees.
PART 10 LABOR CODE SECTION 1861 - CONTRACTOR CERTIFICATION TO LABOR CODE SECTION 3700
A. Each contractor to whom a public works contract is awarded shall sign and file with the awarding body the following certification prior to performing the work of the contract:
(1) "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
PART 11 NONDISCRIMINATION CLAUSE
A. During the performance of the Contract, contractor and its subcontractors shall not unlawfully 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. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 or the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractor shall give writ ten notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
B. Contractor’s attention is also directed to Section 1735 of the Labor Code, which provides:
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44 (1) “A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.”
C. Contractor’s attention is further directed to Section 1777.6 of the Labor Code, which provides:
(1) “An employer or a labor union shall not refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as provided in Section 3077 of this code and Section 12940 of the Government Code.”
D. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.
PART 12 SKILLED WORKERS
The Contractor will employ or engage, and cause all Subcontractors to employ or engage, a sufficient number of skilled and qualified workers to perform the Work in accordance with the Contract Documents, in accordance and compliance with all applicable Law.
PART 13 DRUG-FREE WORKPLACE CERTIFICATION - CONTRACTOR
A. The contractor named below hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The below named contractor will:
(1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
(2) Establish a Drug- Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace,
(c) Any available counseling, rehabilitation and employee assistance programs, and
(d) Penalties that may be imposed upon employees for drug abuse
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45 violations.
(3) Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract:
(a) Will receive a copy of the company’s drug-free policy statement, and
(b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or loan.
PART 15 DEBARRED SUBCONTRACTOR PROHIBITION
A. A public entity, as defined in Section 1100, may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
B. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.
THE UNDERSIGNED CERTIFIES THAT, IN PERFORMANCE OF THE CONTRACT, THE
CONTRACTOR WILL COMPLY WITH THE ABOVE REQUIREMENTS IN ADDITION TO OTHER LEGAL REQUIREMENTS.
The Contractor further certifies:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
CONTRACTOR OR
SUBCONTRACTOR NAME:
CERTIFIED BY:
NAME: TITLE:
SIGNATURE: DATE:
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SAMPLE AGREEMENT
THIS AGREEMENT, made and entered into this ______ day of _______________ in the year 20_____, by and between the City of Hanford, a municipal corporation organized and existing in the County of Kings under and by virtue of the laws of the State of California hereinafter designated as the City, and
hereinafter designated as the Contractor.
WITNESSETH: That the parties hereto have mutually covenanted and agreed and by these presents do covenant and agree with each other as follows:
Article I
The Contract Documents consist of the Notice to Contractors, Proposal, this Agreement, Performance Bond, the accepted Bid, Non-Collusion Affidavit, General Provisions, Special Provisions, Plans and all Addenda as prepared prior to date of bid opening, setting forth any modifications or interpretations of any of said documents. All of the provisions of said Contract Documents are hereby incorporated in and made a part of this Agreement as truly as if fully set forth herein.
Article II
For and in consideration of the payments and agreements to be made and performed by the City of Hanford as set forth in said Documents, the Contractor agrees with the City to:
PLUNGE MECHANICAL REPAIRS
For which award of contract was made to furnish at his own proper cost and expense all tools, equipment, services, labor, and materials necessary, therefore, and to do everything required by said Contract Documents.
Article III
For furnishing all said services and materials; obtaining all permits and licenses of a temporary nature; furnishing and removing all plant, temporary work structures, tools and equipment and doing all the work contemplated and embraced in this Agreement; also for all loss and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise to be encountered in the prosecution of the work and for all other risks of any description connected with the work; also for all expense incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract
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Documents are expressly stipulated to be borne by the City; and for well and faithfully completing the work and the whole thereof within the stipulated time and in the manner shown and described in said Documents and in accordance with the requirements of the Engineer under them, the City will pay and the Contractor will receive in full compensation therefore the price set forth by him in the accepted bid. The total compensation to be paid will be computed on the basis of the quantity of work actually performed in accordance with the Contract Documents and paid for at the stipulated contract unit or lump sum prices, as the case may be.
Article IV
The City hereby promises and agrees with the said Contractor to employ and does hereby employ the said Contractor to provide the material and to do the work according to the terms and conditions herein contained and referred to for the prices aforesaid, an d hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the Contract Documents, and the said Parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
Article V
No work, services, material or equipment shall be performed or furnished under this Agreement unless and until a Notice To Proceed has been given to the Contractor by the City, which notice shall be given within FIVE (5) CALENDAR DAYS from the date of sign ing the contract, and the Contractor shall commence work within TEN (10) CALENDAR DAYS after said notice is given.
Article VI
The Contractor and any subcontractor under him shall pay not less than the prevailing rate of wages to all workmen employed in the execution of this contract. Copies of the prevailing rate of wages are on file at the City Public Works Office and are available upon request.
Article VII
To the fullest extent allowable by law, Contractor agrees to indemnify, defend and hold harmless the 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 Contractor’s or its owners, directors, officers, managers, employees, agents and subcontractor’s willful or negligent acts or omissions in the performance of the services and Contractor's responsibilities and obligations to be performed under this agreement or its failure to perform or compl y 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 acts. This duty to indemnify, defend, and hold harmless shall survive the termination of this agreement.
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IN WITNESS WHEREOF: The parties hereto have caused this contract to be executed the day and year first above written.
CONTRACTOR CITY OF HANFORD, CALIFORNIA
_______________________________________ BY ___________________________________ Company Name City of Hanford, Interim City Manager
_______________________________________ DATE: ________________________________ Print Name
_______________________________________
Signature
DATE: _________________________________ ATTEST:
_______________________________________ ____________________________________ Title City Clerk
Contractor’s License No. __________________
ATTEST: to Contractor’s Signature APPROVED AS TO CONTENT:
_______________________________________ ___________________________________ BY: Russ Sterling, Public Works Director
_______________________________________ APPROVED AS TO FORM:
Title
___________________________________
City Attorney
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BOND NO.
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City of Hanford, County of Kings, State of California, by motion passed on ____________________________, 20_____, has awarded to:
Herein after designed as the ″Principal,″ a contract for
PLUNGE MECHANICAL REPAIRS
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.
NOW THEREFORE, we,
, as Principal,
and
as Surety, and firmly bound unto the City of Hanford, California, hereinafter called the ″ Owner,″ in the penal sum of ________________________________________________________________________ Dollars ($___________________) lawful money of the United State of America, for which sum well and duly to be made, we bind ourselves, our heirs, executors, admin istrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the hereby bounden Principal, his or its heirs, executors, administrators, successors or assigns shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the said contract and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue.
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FURTHER, THAT SAID SURETY FOR VALUE RECEIVED, HEREBY STIPULATES AND AGREES that no change, extension of time, alteration or modification of the Contract Document or of the work to be performed hereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or modification of the Contract Documents or of work to be performed hereunder.
IN WITNESS WHEREOF, four (4) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by Principal and Surety herein named, on the ____ day of _____________________, 20___, the n ame and corporate seal of each corporate party affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
_____________________________________________
Principal
BY _________________________________________
_____________________________________________
Title
____________________________________________
Surety
By ________________________________________
____________________________________________
____________________________________________
Address of Surety
____________________________________________
Phone Number of Surety
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BOND NO.
GUARANTY BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City of Hanford, County of Kings, State of California, by motion passed
___________________________, 20____, has awarded to:
hereinafter designated as the ″Principal,″ a contract for:
PLUNGE MECHANICAL REPAIRS
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for correction of deficiencies during the specified guaranty period.
NOW THEREFORE, we,
, as Principal,
and
as Surety, are held and firmly bound unto the City of Hanford, California, hereinafter called the
″Owner″, in the penal sum of
Dollars ($_________________) lawful money of the United States of America, for administrators, and
Successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the hereby bounden Principal, his or its heirs, executors, administrators, successors or assigns shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in th e said guaranty of the contract, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
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IN WITNESS WHEREOF, four (4) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by Principal and Surety herein named, on the ____ day of ____________ __________________________,20___, the name and corporate seal of each corporate party affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
______________________________________________
Principal
By ___________________________________________
_______________________________________________
Surety
By ____________________________________________
_______________________________________________
_______________________________________________
Address of Surety
_______________________________________________
Phone Number of Surety
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53 RUSSIA SANCTIONS EXECUTIVE ORDER N-6-22
Notice to all City Contractors, Suppliers and Grantees (Potential and Existing) On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at (https://www.gov.ca.gov/wp- content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf).
Under the EO, compliance is required with all economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. To the fullest extent under the law, the City of Hanford will engage all measures to comply with the sanctions and the EO, including:
1) Refraining from entering into new contracts with prohibited individuals or entities while the sanctions are in effect.
2) Desisting from making new investments in, or engaging in financial transactions with, Russian entities, and from transferring technology to Russia or Russian entities.
3) Endeavoring to support the government, people, and businesses of Ukraine where possible.
As a City contractor, supplier, or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website: (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions- programs-and-country-information/ukraine-russia-related-sanctions).
Failure to comply may result in the termination of the subject contract or grant, as applicable.
EQUAL OPPORTUNITY
1) Selection of Labor
During the performance of this contract, the Contractor shall not discriminate against labor from any other state, possession or territory of the United States. 2) Employment Practices
During the performance of this contract, the Contractor agrees as follows:
a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age 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, age or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruiting advertising; layoff s 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 by the City setting forth the provision of this nondiscrimination clause.
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54 b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age or national origin.
c) 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 by the City advising said labor union or worker's representative of t he Contractor's commitments under this Section 2 and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations (41 CFR, Part 60) and relevant orders of the Secretary of Labor.
e) The Contractor will furnish all information 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 Federal Agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
f) 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 contract may be cancelled, 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 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provi ded 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.
g) The Contractor will include the provisions of this Section 2 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 subcontractor or purchase order as the City or the Federal Agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Federal Agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
3) Selection of Subcontractors, Procurement of Materials, and Leasing of Equipment
During the performance of this contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows:
a) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, religion, sex, age or national origin in the
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55 selection and retention of subcontractors including procurements of materials and leases of equipment.
b) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract on the grounds of race, color, religion, sex or national origin. c) Sanctions for Noncompliance : In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the City shall impose such contract sanctions as it may determine to be appropriate including but not limited to:
i) Withholding of payments to the Contractor under the contract until the Contractor complies, and/or
ii) cancellation, termination or suspension of the contract in whole or in part. d) Incorporation of Provisions: The Contractor shall include the provisions of this paragraph 3 in every subcontract including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Con tractor shall take such action with respect to any subcontractor or procurement as the City may direct as a means of enforcing such provisions including sanctions for non -compliances, provided, however, that in the event a Contractor becomes involved in or is threatened with litigation with a subcontractor of supplier as a result of such direction, the Contractor may request the City to enter into such litigation to protect the interests of the City.
SUBLETTING OR ASSIGNING THE CONTRACT
1) The Contractor shall perform with his own organization contract work amounting to not less than 50 percent of the original total contract price, except that any items designated by the City as "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the original total contract price before computing the amount of work required to be performed by the Contractor with his own organization.
a) "His own organization" shall be construed to include only workmen employed and paid directly by the prime Contractor and equipment owned or rented by him, with or without operators.
b) "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, craftsmanship or equipment not ordinarily available in contracting organizations qualified to bid on the contract as a whole and in general are to be limited to minor components of the overall contract.
2) In addition to the 50 percent requirement set forth in paragraph 1 above, the Contractor shall furnish (a) a competent superintendent or foreman who is employed by him, who has full authority to direct performance of the work in accordance with the contrac t requirements and who is in charge of all construction operations (regardless of who performs the work), and (b) such other of his own organizational capability and responsibility (supervision, management and engineering
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56 services) as the City contracting officer determines is necessary to ensure the performance of the contract.
3) The contract amount upon which the 50 percent requirement set forth in paragraph 1 is computed includes the cost of materials and manufactured products which are to be purchased or produced by the Contractor under the contract provisions.
4) Any items that have been selected as "Specialty Items" for the contract are listed as such in the Special Provisions, Bid Schedule or elsewhere in the contract documents.
5) No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the City contracting officer or his authorized representative, and such consent when given shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the contract. Request for permission to sublet, assign or otherwise dispose of any portion of the contract shall be in writing and accompanied by (a) a showing that the organization which will perform the work is particularly experienced and equipped for such work, and (b) an assurance by the Contractor that the labor standard provisions set forth in this contract shall apply to labor performed on all work encompassed by the request.
SAFETY: ACCIDENT PREVENTION
In the performance of this contract, the Contractor shall comply with all applicable federal, state and local laws governing safety, health and sanitation. The Contractor shall provide all safeguards, safety devices and protective equipment and take any o ther needed actions, on his own responsibility or as the City contracting officer may determine, reasonably necessary to protect the life and health of employees on the job, the safety of the public and to protect property in connection with the performance of the work covered by the contract.
It is a condition of this contract and shall be made a condition of each subcontract entered into pursuant to this contract, that the Contractor and any subcontractor shall not require any laborer employed in performance of the contract to work in surround ings or under working conditions which are unsanitary, hazardous or dangerous to his health or safety as determined under Construction Safety and Health Standards (Title 29, Code of Federal Regulations, Part 1926, formerly Part 1518, as revised from time t o time) promulgated by the United States Secretary of Labor in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (83 Stat. 96).
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57 SPECIAL PROVISIONS
FOR
PLUNGE MECHANICAL REPAIRS
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58 SECTION 1 – DEFINITIONS AND CONFLICTS
DEFINITIONS
Inspector: The City Engineer or their agent employed as the inspector on the Work.
References to “Supplemental Conditions” in the General Conditions shall be defined as these special provisions.
CONFLICTS
In case of conflict between the Standard Specifications and these City Specifications, the City Specifications shall take precedence over and be used in lieu of such conflicting portions. In case of conflict between these Special Provisions and any specifications, the Special Provisions shall govern. In case of conflict between the plans and the Standard Drawings and/or any other Specifications, except the Special Provisions, the plans shall govern.
PROJECT ORGANIZATION
City of Hanford – The City of Hanford is funding the work and shall have final approval of all payments, including change orders.
City of Hanford – The City of Hanford will inspect all work, review submittals, review change order requests and have final authority for acceptance of all work within the project limits.
City Engineer – The Engineer or persons appointed by the City Council, or properly authorized employees of the City, acting within the scope of the duties delegated to them.
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59 SECTION 2 – GENERAL REQUIREMENTS/SCOPE OF WORK
GENERAL
The requirements of this section govern the execution of all sections of the specifications.
SCOPE OF WORK
The Contractor shall furnish all labor, materials, equipment, and incidentals necessary to complete the following tasks at the City of Hanford’s swimming facilities located at 415 Ford Street, Hanford, CA. Work shall be performed in accordance with industry standards. The project must be completed by April, 2026.
This project consists of the removal /demolition of the existing slide pool filtration system, variable frequency drive (VFD) pump, and other miscellaneous items shown on plans. Installation of slide pool filtration system, VFD pump, and other items as shown on plans. All other items as requir ed to provide a completely operational slide pool. All work must comply with City of Hanford, State of California, and Federal requirements. Contractor must possess appropriate electrical and mechanical credentials for pump and VFD work.
CONSTRUCTION TIME
All other work must be completed between the hours of 7:30 AM and 5:00 PM.
PROJECT LOCATION
The project location will be The Plunge, located at 415 Ford Street in Hanford, CA 93230.
SAFETY REGULATIONS FOR WORKMEN
This contract is regulated by Title 29, Chapter 17, Part 1910 of the Federal Labor Code, the Williams - Steiger Occupational Safety and Health Act of 1970, additions to the Code and the California Industrial Safety Code. The Contractor ′s operations shall be governed by the most stringent of regulations embodied in the foregoing safety laws. The cost of measures taken by the Contractor for compliance with said regulations shall be included in unit bid items of construction, and no additi onal payment will be made.
INTENT OF PLANS AND SPECIFICATIONS
The intent of the plans and specifications is to prescribe the details for the construction and completion of the work which the Contractor undertakes to perform in accordance with the terms of the contract.
Where the plans or specifications describe port ions of the work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used.
PERMITS AND ADDITIONAL INSURANCE REQUIREMENTS
The Contractor shall obtain all necessary permits, including those from the City of Hanford, and any other permits required by law or the scope of work, prior to commencing any work, including excavation. Public Works inspection costs, if applicable, shall be paid by the City.
GUARANTEE OF MATERIALS AND WORKMANSHIP
The Contractor shall guarantee all materials, equipment and workmanship of the installation. Should any material or appliance or any work develop any defect or weakness due, in the opinion of the Engineer, to the use of imperfect materials, equipment or w orkmanship, or failure to follow the plans and
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60 specifications, the Contractor shall be notified at once, and shall immediately, at Contractor’s own expense, make the necessary repairs or replacements to make the defective item or items suitable and satisfactory. Should the exigencies be such as to necessitate the repairs before the Contractor could be notified, the City shall have the right to make the necessary repairs or replacements at the expense of the Contractor, preserving as far as possible all available evidence of the cause of failure. The City shall inform Contractor by fax or email if the City exercises this right.
This guarantee is not intended to include the damage by the actions of individuals other than the Contractor′s forces or by damages due to the activities of the contractors working in the area, either during the time this work is under construction or after its acceptance.
COMPLIANCE WITH CODES
All construction shall comply with the California Building Code, California Mechanical Code, California Plumbing Code and National Electrical Code, latest editions as adopted by the City of Hanford.
Contractors shall ascertain all local adopted codes applicable to their portion(s) of the work and shall familiarize themselves with the requirements therein. Nothing in these drawings and specifications shall be construed to permit installation in violation or conflict with any and all such applicable codes. Should a conflict between these drawings and specifications and code requirements be noted, the Contractor shall notify the Project Engineer before proceeding with that portion of work.
COORDINATION
The Contractor shall coordinate the work with the Project Manager and Project Inspector(s).
CONTRACT TIME OF COMPLETION
The project must be completed by April 30, 2026. The Time of Completion may only be changed by City Contract Change Order indicating an approved time extension.
LIQUIDATED DAMAGES
Per Section I, Subsection 7.06 of the City Specifications, liquidated damages are set at $500 per day for each calendar day of completion if the project is delayed beyond the Contract Time of Completion.
GENERAL REQUIREMENTS
PART 1 GENERAL
1.01 MAINTENANCE MANUALS
A. The contractor shall provide six (6) bound sets for delivery to the Designated Representative of instructions for operating and maintaining all new systems and equipment included in this Contract. Manufacturer's advertising literature or catalog pictures will not be acceptable for operating and maintenance instructions.
B. Bound in ring binders shall be all parts lists, periodic maintenance instructions and troubleshooting guidelines for all pool equipment, including but not limited to filters, controllers, etc.
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61 1.02 SECURE FROM THE OWNER
C. A complete Owner-furnished filling of the swimming pools.
D. The Owner's assistance, as specified herein, from the time of start-up until final written acceptance of the swimming pool system(s).
E. Chemicals as required for swimming pool operation after Contractor completes initial water chemistry balance and water treatment.
1.03 WARRANTY
1. The Swimming Pool Contractor shall warrant all swimming pool structures, finishes and systems against defects in material and workmanship for a period of one year after the date of acceptance by the Owner. Any repair or replacement required due to defectiv e material or workmanship will be promptly corrected by the Swimming Pool Contractor.
1.04 WORK INCLUDED
A. Swimming pool filter system renovation, chemical monitoring, and materials as required for this Work as indicated on the Drawings and specified herein.
1.05 QUALITY ASSURANCE
A. Qualifications of Workers:
1. The entity performing the work of this Section shall have been successfully engaged in the respective trade for at least five (5) years immediately prior to commencement of the Work.
2. For actual construction operations, use only trained and experienced workers with a minimum of three (3) years’ experience with the materials and methods specified.
3. Provide at least one person who shall be present at all times during execution of the work of this Section, with a minimum of five (5) years’ experience with the type of materials being installed, the referenced standards, and who shall direct all Work performed under this Section.
4. All equipment supplied or work performed shall comply with regulations governing public swimming pools and spas as contained within Chapter 31 of California Building Code, latest edition.
2.03 SUBMITTALS AND SUBSTITUTIONS
A Provide submittals in conformance with project requirements.
B. Required submittals include
1. Swimming Pool Filter(s)/parts as specified.
C. Submit proof of qualifications as specified in Article 1.05.A of this Section.
D. The equipment shown on the plans represents the first listed items in the technical specifications.
Contractor shall be responsible for all required field coordination and installation of any approved equal
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62 product to provide a fully working and warranted system. The Contractor shall submit detailed shop drawings for any products used other than the first listed specified items. Contractor provided shop drawings shall include details and quality equal to the original plans and construction documents. The Contractor shall provide any and all required engineering including but not limited to structural and anchorage requirements for any proposed equipment other than the first listed specified equipment. The Contractor is responsible to provide a factory certified representative(s) to start- up and provide on-site training for all swimming pool mechanical equipment provided.
2.04 PRODUCT HANDLING
1. Protection: Use all means necessary to protect swimming pool equipment items before, during and after installation and to protect the installed work specified in other Sections.
2. Replacements: In the event of damage, immediately make all repairs and replacements necessary to the approval of the Owner's Representative.
SWIMMING POOL MECHANICAL
PART 1 – GENERAL
1.01 WORK INCLUDED
A. Swimming pool mechanical piping as required and specified for the installation of the new swimming pool filter(s) and appurtenances.
1.02 QUALITY ASSURANCE
A. Qualifications of Workers:
1. The entity performing the work of this Section shall have been successfully engaged in the respective trade for at least five (5) years immediately prior to commencement of the Work.
2. For actual construction operations, use only trained and experienced workers with a minimum of three (3) years’ experience with the materials and methods specified.
3. Provide at least one person who shall be present at all times during execution of the work of this Section, with a minimum of five (5) years’ experience with the type of materials being installed, the referenced standards, and who shall direct all Work performed under this Section.
B. Standards:
1. All equipment supplied or work performed shall comply with Chapter 31 of California Building Code, latest edition.
2. Work shall be performed in accordance with the applicable editions of all National, State and local
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63 codes, laws, regulations and ordinances, including the following:
a. American National Standards Institute (ANSI).
b. American Society for Testing Materials (ASTM).
c. American Waterworks Association (AWWA).
d. American Welding Society (AWS).
3. Do not construe anything in the Drawings or Specifications to permit Work not conforming to these requirements.
1.03 SUBMITTALS AND SUBSTITUTIONS
A. Provide submittals in conformance with the project.
B. Required submittals include:
1. Pipe and Fittings as specified in Article 2.02 of this Section.
2. Valves as specified in Article 2.03 of this Section.
3. Pressure I Vacuum Gauges as specified in Article 2.04 of this Section.
4. Pipe Hangers and Supports as specified in Article 2.05 of this Section.
5. Sleeves and Waterstops as specified in Article 2.06 of this Section.
C. Submit proof of qualifications as specified in Article 1.02.A of this Section.
1.04 PRODUCT HANDLING
A. Delivery: Deliver all materials to the Project Site in the manufacturer's original unopened containers with all labels intact and legible.
B. Storage: Store all materials under cover in a manner to prevent damage and contamination, and store only the specified materials at the Project site.
C. Protection: Use all means necessary to protect swimming pool mechanical items before, during and after installation and to protect the installed Work specified in other Sections.
D. Replacements: In the event of damage, immediately make all repairs and replacements necessary to the approval of the Owner's Representative and at no additional cost to the Owner.
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64 1.05 JOB CONDITIONS
A. Cooperate with entities performing Work specified in other Sections to so that no conflict of new construction or occupied space may occur. Should any installation Work be done without such craft coordination, that Work so installed shall be removed and re-installed.
PART 2 - PRODUCTS
2.01 PRODUCT QUALITY
A. Materials and equipment shall be new, of the best quality for the purpose intended, and shall be clearly marked with the manufacturer's name and nameplate data or stamp and rating. As far as practicable, materials and equipment shall be of one manufacturer.
2.02 PIPE AND FITTINGS
A. PVC Schedule 40: Type 1, normal impact, NSF approved for solvent welding applications, ASTM Specification D-1785, color shall be white. Dura, Lasco, or approved equal.
B. PVC Schedule 80: Type 1, normal impact, NSF approved for solvent welding applications, ASTM Specification D-1785, color shall be gray. Dura, Lasco, or approved equal.
C. Steel: ASTM Specification A -120, Schedule 40 black or galvanized pipe with ASTM A -47 150 lb. banded malleable iron threaded fittings.
2.03 VALVES
A. Ball Valves:
1. For pool system: True -Union design, PTFE seat material with FPM or FKM Double O -ring stem seals, locking handle, NSF certified. PVC schedule 80 body for below grade installation. CPVC Schedule 80 body for above grade installation. Furnish ball valves on a ll pipe diameters 2½" or less with a rating of at least 200psi at 73°F. Asahi Pool-Pro, Nibco, or lpex.
2. For copper pipe system: 3- piece full-port Bronze body valve with Teflon seat, 'Apollo', 'Nibco' or approved equal.
B. Butterfly Valves:
1. Epoxy coated cast or ductile iron body, 316 stainless steel disc and stem, viton seat material, furnish hand wheel/gear operators on all valves 8" and larger. DeZurick, Keystone, Asahi Pool Pro or lpex.
2. PVC body, PVC disc and EPDM construction suitable for chlorinated water applications. Stem shall be of 316 stainless steel and non -wetted. Valves shall be self -gasketed design with a convex sealing arrangement. Valves 1 -1/2" - 10" shall be rated to 150 ps i and 12" valves shall be rated to
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65 100 psi at 70°F. Asahi Pool-Pro, no known equal.
C. Check Valves: Wafer-type, epoxy coated cast or ductile iron body, 316 stainless steel plates and shaft, viton seat material. Centerline, Metraflex, or approved equal.
2.04 PRESSURE/ VACUUM GAUGES
A. Furnish and install pressure and vacuum gauges on the discharge and suction sides of all pumps. 2" or 2 ½" dial, bottom connection, chrome ring and shut -off cock and snubber. Ranges shall be selected to indicate between mid -point and two-thirds of maximum range under design conditions.
Marsh, Trerice, or approved equal.
2.05 PIPE HANGERS AND SUPPORTS
A. General
1. The requirements of this Section relates to various requirements of the Agreement, General and Supplementary Conditions, Specifications, Drawings, and modifying documents which are part of the Construction Contract. Responsibility for coordination of all such applicable requirements will be that of the Contractor.
B. Description:
1. This section provides guidelines and limitations for the support of all mechanical, electrical, plumbing or architectural items from the building structure, and for the seismic bracing of such items.
2. Design and install all support and bracing systems as required for the swimming pool systems.
Provide for attachment to portions of the building structure capable of bearing the loads imposed.
Design these systems to not overstress the building structure.
C. Quality Assurance:
1. Design and install all support systems to comply with the requirements of the 2013 California Building Code, Chapter 16A.
2. Seismic bracing is to be designed by a professional engineer licensed in the State of California.
3. For the seismic bracing of mechanical, electrical and plumbing system, refer to "Guidelines for Seismic Restraints of Mechanical Systems and Plumbing Piping Systems" by Sheet Metal and Air conditioning Contractors National Association, Inc., (SMACNA) for guidelines.
D. Submittals:
1. Submit shop drawings for all substructures and attachment methods.
2. Submit proposed alternative methods of attachment for review and approval by the Architects,
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66 prior to deviating from the requirements given below.
3. For all pipe hangers and support systems, submit structural calculations and details which include all resultant forces applied to the building structure and are prepared and signed by the Contractor's licensed California professional engineer. Calculatio ns will be reviewed for compliance with design criteria, not for arithmetic.
E. Materials:
1. Use Kin-Line, Grinnel, or approved equal.
2. Support all pipelines individually with hangers, each branch having at least one hanger. Lateral brace as noted and required.
3. Support piping near floor with steel stanchions welded to end plates secured to pipe and floor.
4. Support vertical piping at each floor level. Install coupling in piping at each support. Coupling shall rest on and transmit load to support. Isolate copper from steel supports with vinyl electrician's tape around pipe and coupling.
5. Use Stoneman "Trisolator," Unistrut, or approved equal, isolators at each hanger and other support points on bare copper tubing system.
6. For PVC pipe, space hangers four (4) feet apart for pipe sizes 1" and under, five (5) feet apart for pipe sizes 1-1/4" to 2", and six (6) feet apart for pipe sizes over 2". Space hangers for horizontal pipes at a maximum of six (6) feet for copper 2" and smaller and for steel 1 -1/4" and smaller; ten (10) feet for copper 2-1/2" and larger and for steel 1-1/2" and larger.
7. Size hanger rods, screws, bolts, nuts, etc., according to manufacturer's sizing charts.
8. Trapeze hangers may be used for parallel lines.
9. Use galvanized or cadmium plated hangers, attachments, rods, nuts, bolts, and other accessories in pool mechanical room, high humidity areas, or where exposed to weather. Hot dip galvanize all items which are not factory furnished. Plating for hinged movements must be done at the factory.
10.Lateral Bracing: To prevent swaying of the piping systems, provide angle iron bracing and anchor into wall or overhead framing. Piping shall be braced or anchored in such a way as to resist a horizontal force of 50% of its operating weight in any direction.
11.Do not use wire or other makeshift devices for hangers.
12.Furnish all substructures and fasteners required to comply with the limitations given below. Use material as specified in the various sections and as appropriate to their use.
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67 F. Guidelines & Limitations:
1. Each Contractor will coordinate the load requirements from all subcontractors so that no combination of loads overstresses the building structure or exceed the limitations given below.
2. Concrete Structure:
a. Support all loads hung from concrete structure with cast-in-place inserts, unless drilled-in anchors are specifically approved in writing prior to placing the concrete.
b. Concrete anchors must not penetrate into reinforcing bars. Where the anchors boring indicates the presence of reinforcing bar, patch hole with an epoxy type grout and relocate anchor 12 diameters away.
c. Individual expansion anchors cannot support any loads greater than 300 pounds or manufacturer's specified load capacity without approval.
3. Steel Structure:
a. Hang no more than 20 pounds per metal deck rib in any span.
b. At beams, hang all beam loads greater than 40 pounds concentric to beam, not off the flanges.
c. Attached no loads to the beams or girders greater than the following without specific approval from the architect.
d. Roof beams and girders: 300-pound point load or 600-pound total load for a single span.
G.Seismic Bracing:
1. Design and install seismic bracing to not ground out vibration and sound isolation systems.
2. All items of mechanical and electrical equipment 60" or more in height are to be seismically braced whether such bracing is shown or not.
2.06 SLEEVES AND WATERSTOPS
A. Provide sleeves where work of this Section passes through fire -rate partitions, floors and ceilings, concrete slabs or exterior of structure. Caulk clearance space using sealant appropriate for application in conformance with manufacturer's recommendations and Title 24 of California Code of Regulations. 3m, Dow Corning, o r approved equal. In lieu of sleeves and caulking, "Link Seal" products may be used.
B. Provide prefabricated waterstops as indicated on the Drawings at all pipe penetrations through structures containing stored water (i.e., swimming pools, balance/surge tanks, etc.) to ensure leak - proof seals.
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68 PART 3 - EXECUTION
3.01 SURFACE CONDITIONS
A. Inspection:
1. Prior to Work of this Section, carefully inspect the installed Work of other trades and verify that such work is complete to the point where this installation may properly commence.
2. Verify that items of this Section may be installed in accordance with the original design and referenced standards.
B. Discrepancies:
1. In the event of discrepancy, immediately notify the Owner's Representative.
2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved.
3. Failure to notify the Owner's Representative and give written notice of discrepancies shall constitute acceptance by the Contractor of existing conditions as fit and proper to receive his work.
3.02 ABBREVIATIONS AND SYMBOLS
A. Abbreviations and symbols on the Drawings are those most commonly used . Obtain clarification from the Owner's Representative on any questionable items before bid.
3.03 GENERAL PIPING REQUIREMENTS
A. Size any section of pipe for which size is not indicated or any intermediate section erroneously shown undersized the same size as the largest pipe connecting to it. Sizes listed are nominal.
B. Cut pipe accurately to job measurements and install without springing or forcing, true to line and grade, generally square with building and/or structures and adequately supported to prevent undue stress on pipe, fittings and accessories.
C. Make changes of direction with manufactured fittings. Street ells, bushings, reducing flanges, close nipples or bending of pipe is not allowed.
D. Use great care to install piping in accordance with best practice. Plastic pipe shall be "snaked" in trenches to allow for thermal expansion.
E. All above grade, below grade and buried or imbedded PVC shall be installed using solvent weld fittings. Also, each and every fitting and pipe end shall be prepared with solvent primer. Fittings shall be joined individually and with enough time between ass embly of adjacent joints to allow them to seal solidly. After joining, an even ring of primer must be visible around the entire fitting. If any fittings
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69 are installed without visible primer, the fitting shall be removed and discarded and piping recut, rechamfered, and joint made up again using a new fitting. All procedures, methods and techniques used to make up solvent weld joints shall be in strict accor dance with manufacturer's recommendations.
F. Arrange pipe and hangers to allow for expansion, contraction and structural settlement. No pipe shall contact structure except penetrations as shown on the Drawings.
G.Provide dielectric connections between copper and dissimilar metals. In copper systems, threaded piping including connections to equipment shall be brass pipe and fittings. Install dielectric connections in vertical sections of piping only.
H. Run pipe full size through shut -off valves, balancing valves, etc. Change pipe size within three (3) pipe diameters of final connection to control valves, fixtures and other equipment.
I. Provide unions or flanges at connections to equipment, on service side of valves and elsewhere as required to facilitate ease of maintenance.
J. Locate equipment shut- off valves as close to equipment as possible maintaining easy valve access.
K. Make all connections between domestic water systems and equipment or face piping with approved backflow prevention devices as required.
L. All PVC pipe exposed to direct sunlight shall be painted with two coats of Exterior Acrylic Semi - Gloss Paint, Sherwin Williams or equal. Color to be selected by Architect. Prior to painting the PVC pies, the exterior of all PVC pipes shall be wiped with Methyl Ethyl Ketone, or an approved equal, to remove glaze from the pipes.
3.04 GENERAL EQUIPMENT REQUIREMENTS
A. Position equipment to result in good appearance and easy access to all components for maintenance and repairs.
B. Install piping, flues, breeching and ducts so that they do not interfere with equipment access.
C. Install level, secure and out of moisture. Provide shims, anchors, support straps, angles, grouted bases, or other items as required to accomplish proper installation.
D. All screws, nuts, bolts and washers shall be galvanized, cadmium plated or stainless steel. After fabrication, hot dip galvanize unfinished ferrous items for outdoor, below grade or other use subject to moisture.
E. Extend 1/2" Schedule 40 black steel pipe lubrication tubes from all hard to reach locations to front of equipment or to access points. Terminate with proper type of lubrication fitting.
3.05 VALVES AND STRAINERS
A. If no shut -off is indicated, provide ball valves at inlet connections and balance valves at outlet
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70 connections to fixtures and equipment. Provide proper valve trim for service intended.
B. Use no solder end valves unless noted otherwise; provide adapters in copper tubing systems.
C. Locate valves with stems above horizontal plane of pipe. In general, locate valves within six (6) feet of floor, out from under equipment, in accessible locations with adequate clearance around hand wheels or levers for easy operation.
D. Provide all valves, cocks and strainers, full pipe size unless indicated otherwise.
E. Provide hand wheel operators on all valves 6" and larger, under 6" lever operators may be used.
F. Provide tool operated valve with stainless steel shaft extension and 'on deck' tool operation for surge chamber butterfly isolation valve.
3.06 IDENTIFICATION OF PIPING
A. Identify each valve by a numbered brass tag with hole and brass chain mounted on valve stem or handle. Tag to be a minimum of 1" in diameter and numbers at least 1/4" high stamped into tag.
Valves and plumbing lines shall be labeled clearly with the source or destination descriptions.
B. Install an identification chart in a plastic or glass framed enclosure which schematically illustrates the proper operation of all piping systems and indicates number and location of all valves and control devices within the system.
C. The direction of flow for the recirculation equipment shall be labeled clearly with directional symbols such as arrows on all piping the equipment area. Where the recirculation equipment for more than one pool is located on site, the equipment shall be ma rked as to which pool the system serves.
3.07 TESTS
A. Perform tests in presence of Owner's Representative with no pressure loss or noticeable leaks.
B. Do not include valves and equipment in tests. Include connection to previously tested sections if systems are tested in sections.
C. Perform tests as follows:
System Test Pressure Test Medium Duration
Skimmer lines and
Main Drain Sump
Lines
20psi Water* 4 hours
Pool Piping 50 psi Water* 4 hours
Domestic Water 150 psi Water* 4 hours
*Never test PVC pipe or fittings with air or other gases, always use water.
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71 3.08 PIPE MATERIAL APPLICATION
A. PVC Schedule 40: Below grade swimming pool piping and domestic water piping up to 12” -line size; use standard solvent weld fittings.
B. PVC Schedule 80: Above grade swimming pool piping and domestic water piping up to 12” -line size; use standard solvent weld fittings.
3.09 CUTTING AND DRILLING
A. Cutting or drilling necessary for installation of Work of this Section shall be done only with approval of Owner's Representative.
3.10 CLOSING-IN OF UNINSPECTED WORK
A. Do not cover or enclose Work before testing and inspection. Re -open Work prematurely closed and restore all Work damaged.
3.11 QUIETNESS
A. Quietness is a requirement. Eliminate noise, other than that caused by specified equipment operating at optimum conditions, as directed by Owner's Representative.
3.12 FLUSHING OF LINES
A. Flush or blow out pipes free from foreign substances before installing valves, stops or making final connections. Clean piping systems of dirt and dust prior to initial start-up.
B. Just prior to plastering the pool, under the observations of the IOR, the pool mechanical system shall be flushed using the pool circulation pump. Circulate water through the mechanical system until the effluent water from the pool return heads runs clean.
3.13 CLEAN-UP
A. After all Work has been tested and approved, the Swimming Pool Subcontractor shall thoroughly clean all parts of the equipment installation, including all pool pipe and fittings in the pool mechanical room. Exposed parts shall be cleaned of cement, plaster and other materials and all grease and oil spots removed with solvent.
B. The Swimming Pool Subcontractor shall remove debris from the Project site. Cartons, boxes, packing crates and excess materials not used, occasioned by this work shall be disposed of to the satisfaction of the Owner's Representative.
C. If the above requirements of clean -up are not performed to the satisfaction of the Owner's Representative, the Owner reserves the right to order the work done, the cost of which shall be borne by the Swimming Pool Subcontractor.
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72 SWIMMING POOL ELECTRICAL
PART 1 GENERAL
1.01 WORK INCLUDED
A. Provide labor, materials and equipment as required to install the swimming pool electrical system including but not limited to:
1. A complete and operable system of service equipment, conduits, switches, time clocks and wiring for power and lighting.
2. Junction and/or pull boxes, conduits, disconnects, starters, contactors, wiring and connection of all motors and mechanical equipment, including connection and wiring of line voltage controls associated with the mechanical systems.
3. Adjusting and preliminary operation of the completed electrical system.
4. Cleaning of all completed Work and installation adjustment of all trim and decorative items.
1.02 QUALITY ASSURANCE
A. Qualifications of Workers:
1. The entity performing the work of this Section shall have been successfully engaged in the respective trade for at least five (5) years immediately prior to commencement of the Work.
2. For actual construction operations, use only trained and experienced workers with a minimum of three (3) years’ experience with the materials and methods specified.
3. Provide at least one person who shall be present at all times during execution of the work of this Section, with a minimum of five (5) years’ experience with the type of materials being installed, the referenced standards, and who shall direct all Work performed under this Section.
B. Ordinances and Codes: Materials and construction shall conform with all applicable code requirements, including:
1. National Electrical Code; Electrical Safety Orders of the State of California; Department of Industrial Relations; regulations of the State Fire Marshal; rules and regulations of the Board of Underwriters of the Pacific.
2. Chapter 31 of California Building Code, latest edition.
C. Verification of Conditions:
1. The locations shown on the Drawings are diagrammatic only and the exact finish location of
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73 equipment and materials cannot be indicated. Therefore, locations of all Work and equipment shall be verified to avoid interferences, preserve head room and keep openings and passageways clear.
Changes shall be made in locations of equipment and materials which may be necessary to accomplish these purposes.
1.03 SUBMITTALS AND SUBSTITUTIONS
A. Provide submittals in conformance with the requirements of Section 01300. Requests for substitutions shall conform with requirements of Article 1.10.A of Section 13150.
B. Required submittals include:
1. Conduit and Fittings as specified in Article 2.02 of this Section.
2. Circuit Breakers as specified in Article 2.07 of this Section.
3. Time Clocks as specified in Article 2.08 of this Section.
4. Ground Fault Circuit Interrupters as specified in Article 2.09 of this Section.
C. Submit proof of qualifications as specified in Article 1.02.A of this Section.
1.04 PRODUCT HANDLING
A. Delivery: Deliver all materials to the Project Site in the manufacturer's original unopened containers with all labels intact and legible.
B. Storage: Store all materials under cover in a manner to prevent damage and contamination, and store only the specified materials at the Project site.
C. Protection: Use all means necessary to protect swimming pool electrical materials before, during, and after installation and to protect the installed Work specified in other Sections.
PART 2 PRODUCTS
2.01 MATERIALS, GENERAL
A. Materials shall be new, in unbroken packages and bear the U.L. label of approval.
B. Equipment of one type shall be by same manufacturer. One type of equipment for classifications such as:
1. Conduit.
2. Wire.
3. Conduit fittings.
4. Fixtures of the same general type.
5. Wiring devices.
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74 2.02 CONDUIT AND FITTINGS
A. Conduit within or under buildings or where exposed outdoors shall be rigid threaded, hot dipped, galvanized, or U.L. approved plastic except where noted otherwise on the Drawings. Metallic conduit shall be of the same metal between outlets or terminals.
B. Use flexible metallic conduit only for short connections of motors and where specifically called for on Drawings. Maximum length shall be 40". Use only liquid tight flexible metal conduit. Install an unbroken #12 AWG insulated copper grounding conductor i n each liquid tight flexible conduit with permanent connection at motor junction box and service panel ground.
C. Protect, before installation, metallic conduit runs in all slabs laid on grade or in contact with the earth or exposed in damp locations, with two (2) heavy coats of asphaltum rust-resisting compound.
D. Encase conduits 2- 1/2" or larger run underground, outside, or under buildings, in concrete envelopes a minimum of 3" thick, except as indicated otherwise on Drawings or stubouts. Conduits 2 and smaller laid 18" below finish surface in soil.
E. Low voltage runs underground outside buildings, 1-1/4" or smaller, may be G.I. or sherardized steel conduit, with machine applied wrapping equal to double wrap or Scotch-Wrap #50 tape, half lapped and quadrupled at joints in lieu of concrete encasement.
F. Service conduits through foundations or concrete members shall run through metal sleeves with adequate clearances for full movement of the conduit. Do not run conduits through footings.
G.Secure conduits run exposed on surfaces with one-hole heavy-duty straps or fasten with matching fittings to inserts or trapezes, parallel to building walls and ceilings.
H. Cap all conduit or duct stub -outs with standard factory caps; except cap threaded steel conduit with B.I. water pipe caps in outdoor locations.
I. Use conduit fittings manufactured by Crouse-Hinds Company, Appleton Electric Co., or approved equal.
J. Employ U.L. liquid tight fittings for use with liquid tight flexible metal conduit.
K. Use unions as manufactured by Appleton, O -Z/Gedney, or approved equal. The use of running threads will not be permitted.
L. Exposed conduit in chemical rooms shall be rigid NEMA 3R Type suitable for installation in corrosive atmospheres.
2.03 GROUNDING
A. Bond together and ground to a common ground at a single point all metallic conduit, piping systems, pool reinforcing steel, metal parts of ladders, lifeguard stands, handrails and their supports and the like. The bonding conductor shall not be smaller than #8 copper.
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75 2.04 WIRING CONNECTIONS
A. Make connections without strain on conductors, allowing the conductors to take a natural position after connections or taps are made. Include all strand of wire in making the connection.
B. Make connections for wiring by one of the following means:
1. Make all taps or connections to conductors with compression type connectors except those smaller than #8 B&S gauge may have soldered connections. Solderless connections for #10 AWG or smaller may be used and shall be "Scotchlok", Buchanan, or approved equ al. For #8 AWG or larger, they shall be T&B "LockTite", Burndy "Versitaps", or approved equal.
2. All cable or conductor terminal lugs shall be Burndy "Quicklug", llsco, or approved equal. Two piece stamped lugs and solder lugs will not be approved.
3. Paint taped splices in damp or outdoor locations with two (2) coats of insulating paint.
4. Tag all branch circuit wires with circuit number at the panelboard and at each point of use with linen or plastic tags.
2.05 CONDUCTORS
A. Description: Single conductor insulated wire.
B. Conductor: copper.
C. Insulation Voltage Rating: 600 volts.
D. Insulation: CEC; Stranded wire, Type THHN/THWN or XHHW insulation for feeders and branch circuits #8 AWG and larger solid wire, Type THHN/THWN or XHHW insulation for feeders and branch circuits #10 AWG and smaller.
E. Select one type and use for entire installation, except as indicated for special purpose.
F. For conductors installed in areas subjected to temperatures exceeding 140 degrees F., including terminating in incandescent lighting fixtures and installed through or into housing containing ballasts, provide Type THHN.
G.For conductors installed in exposed conduit outside of buildings and conduit within or just under roofing material, provide Type XHHW.
H. Control Circuits for Mechanical Equipment: Use 600 volt Underwriters' type THWN conductors except where subject to abnormally high temperatures such as on or near boilers. Under these conditions, use Type XHHW.
I. Conductor insulation shall be color coded to indicate phase leg, voltage and use.
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76 J. Conductor insulation type, size and U.L. approval shall be printed with permanent white paint on conductor insulation, continually repeating.
K. Minimum Size of Conductors #12 AWG copper, unless otherwise indicated.
L. Conductors shall be new and shall have been manufactured within 12 months of the date of delivery to the site and continuously stored where protected from the sun, heat or weather.
M. Deliver conductors to the site in their original cable reels or in their original unbroken packages.
N. Provide conductor packages and cable reels plainly marked or tagged with U.L. labels, AWG size, voltage rating, insulation type, type of stranding, manufacturer’s name, trade name and month and year when manufactured.
2.06 CONDUCTOR INDENTIFICATION
A. All secondary branch circuit conductors (No. 10 AWG smaller) throughout the project shall be provided with color coded insulation as follows
208 /120 Phase 480 /2
Black A Brown
Red B Orange
Blue C Yellow
White Neutral Gray
Green Ground Green
2.07 CIRCUIT BREAKERS
A. Breakers shall have a minimum short circuit interrupting rating of 10,000A symmetrical for panelboard voltage thru 240 volt and 14000A for panelboards thru 00 volts or as specified on the drawings. In no case shall the interrupting rating be less than the bus withstand rating unless noted otherwise on the drawings.
B. Circuit breakers, as manufactured by the following companies only are acceptable:
1. General Electric Company
2. Square D Company
3. Westinghouse Company
4. I.T.E. Company
C. Circuit breakers shall be arranged in the panels so that the breakers of the proper trip settings and numbers correspond to the numbering in the panel schedules on the drawings. Circuit numbers of breakers shall be black-on-white micarta tabs or other previously approved method. Circuit number tabs which can readily be changed from front of panel will not be accepted. Circuit number tabs shall not be attached to or be a part of the breaker.
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77 D. Where two or three pole breakers occur in the panels, they shall be common trip units. Single pole breakers with tie-bar between handles will not be accepted.
E. All circuit breakers shall be padlockable in the "off'' position. Locking facilities shall be riveted or mechanically attached to the circuit breaker (submit sample for approval). Other means of attachment shall not be accepted without prior written approval of Engineer.
F. Where branch circuit breakers supply the power to motors and signal systems, the breakers shall be furnished with lockout clips, mounted in the "on" position. The breakers shall be able to trip automatically with lockout clips in place.
G.Panelboard circuit breakers shall be bolt-on type.
2.08 TIME CLOCKS
A. Time clocks shall be provided for all underwater lighting systems and swimming pool circulation pumps not controlled by filter microprocessors.
B. Contacts shall have a minimum rating of 40 amperes at 277V.
C. Timing motor shall be heavy duty synchronous, self-starting, high torque type, and shall be rated at 120, 208, 240, 277-volt 60 Hz.
D. Motor shall operate normally at temperature range of - 60 degrees Fahrenheit to +120 degrees Fahrenheit.
E. Dial shall be 3" diameter, clearly calibrated with day/night zones and 24-hour rotation, with gear to provide one revolution yearly which automatically varies the on/off settings each day according to seasonal changes. Day and month of the year shall show clearly through calendar window on the dial.
F. Time clocks shall be equipped with 7-spoke, omitting wheel marked with days of the week.
G.Time clocks shall be housed in a flush enclosure where supply circuits emanate from a flush mounted panelboard and surface enclosure when supply circuits are from a surface mounted panel.
H. Acceptable manufacturers are Tork, Paragon, or approved equal.
2.09 GROUND FAULT CIRCUIT INTERRUPTERS
A. Minimum rating shall be 20 amperes, 125V, 5 milliampere trip setting, Class A per UL943.
B. Manufacturer to be Crouse-Hinds, Leviton, or approved equal.
2.10 BOXES
A. Boxes shall be of the size required by ordinances or larger, and of pressed galvanized gauge steel
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78 where concealed or exposed on ceilings. Exposed boxes on walls below 7'6" shall be cast steel similar to "FA" condulets.
B. Outlets to be surface where wiring is exposed and flush in areas where conduit is concealed.
C. Provide surface outlets with proper galvanized steel surface cover. Box and cover shall be deep enough to provide at least 1/4" clearance between back of device and back of box. Where box contains more than one device, use proper gang box with proper cover. Surface outlet boxes shall be of the threaded hub type wherever below 8'0".
D. Provide exposed junction boxes with proper flat blank galvanized cover. If necessary for cable installation, additional pull boxes or junction boxes may be installed in accessible locations.
E. Where pull boxes larger than outlet boxes are required, galvanized code gauge sheet steel boxes may be used with covers attached by brass machine screws. Boxes exposed to the weather shall be approved for the purpose, and conduit entrances shall be on the bottom made by means of an interchangeable hub with gasket and adapter nut. Pull boxes not shown on Drawings may be added only after approval of size and location is obtained.
F. For outlets exposed to weather or where noted, cast outlet boxes shall be Crouse-Hinds, Appleton, or approved equal. Boxes shall have proper number and size hubs. Device plates, covers, adapters and boxes shall be as manufactured by Crouse-Hinds, Appleton, or approved equal.
G.Exposed junction boxes, outlet boxes and pull boxes for pool chemical rooms shall be NEMA 3R type suitable for corrosive atmosphere, non-metallic.
2.11 IDENTIFICATION MARKINGS
A. Plainly mark all motor and electrical appliance control equipment, indicating the equipment controlled with engraved metal tags.
B. Provide laminated plastic nameplates on panelboards on the outside of the door at the top indicating panel designation and feeder source.
C. Provide laminated plastic nameplates on distribution switchboards and motor control centers at the top center indicating panel designation and feeder source.
D. Identify each distribution switchboard and motor control center circuit breaker with a laminated plastic nameplate indicating its' use.
E. Type panelboard directories on the forms provided with the equipment, indicating the use of each branch circuit breaker.
F. Fasten all laminated plastic nameplates to surfaces with two (2) or more screws.
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79 PART 3 EXECUTION
3.01 INSPECTION
A. Verify conditions at the Project site before submitting bid. Be responsible for providing all necessary wiring for the new electrical systems. Wherever wiring is being disrupted due to remodeling or changes, reconnect existing and provide new wiring circu its to accomplish a fully operable system at no additional cost to the Owner.
3.02 COORDINATION
A. The Drawings are essentially diagrammatic and indicate the desired location, size, routes, connection points, etc., and are to followed as closely as possible. Proper judgment must be exercised in executing the Work so as to provide the best possible installation in the available space and to overcome difficulties, limitations or interference wherever encountered. Be responsible for the correct placement of this Work, the proper location and connection in relation to Work of other trades, for determining the exact location of all conduits, outlets and equipment, and for installing the conduits in such a manner as to conform to the structure, avoid obstruction, preserve headroom and keep openings and passageways clear. Particular attention is directed to the close coordination required on exposed Work. Locations shown on Engineer or Mechanical Drawings if different than those shown on Electrical Drawings should be communicated to the Owner's Representative in writing for clarification.
3.03 INSTALLATION
A. Trenching and Backfill: Provide minimum cover as required by Code.
B. Conduit Installation:
1. Conduit and metallic raceway systems shall be mechanically and electrically continuous from sources of current to all outlets in a manner to provide a continuous grounding path. Close ends of conduit during construction to prevent entrance of dirt or moisture.
2. Securely fasten conduit to the building construction within three feet of each outlet and within every ten feet thereafter. Secure it to boxes, cabinets, pull boxes, terminals with two locknuts and ends equipped with bushings or a terminal fitting. Cut square with ends carefully reamed.
3. Make bends or elbows so that the conduit will not be injured or flattened.
4. Use insulated metallic bushings in all places where bushings are required.
5. Run exposed conduits level or plumb and parallel to the construction members of the building. No cutting across or diagonal runs will be permitted. Neatly surmount structural obstructions encountered on conduit runs by the use of fittings or pull boxes.
6. Identify feeder conduits by stamped metal tags secured to exposed section of conduit in main or
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80 sub-panels.
7. Make up all threaded conduit joints gas and watertight with conductive sealer except conduit above ground in dry indoor locations.
8. Rigidly support all boxes independently of the conduit system.
C. Connections to Equipment:
1. Fully connect, in an approved manner, all electrical outlets, apparatus, motors, equipment, fixtures, wiring devices and appliances whether they are installed under the Electrical Contract or not, which require electrical connections, to the corresponding electrical system outlet.
2. Where the Work of this Section requires connections to be made to equipment that is furnished and set-in-place under other Sections, obtain such roughing-in dimensions from the manufacturer or supplier of each item as required and assume full responsibility for the installation of the connections thereto.
3.04 ADJUSTMENT AND CLEAN-UP
A. Preliminary Operation: Should the Owner's Representative deem it necessary to operate the electrical installation or any part thereof prior to Substantial Completion of the Work, consent to such preliminary operation and supervise conduction of same. Subcontractor shall pay all costs occasioned by such operation. Preliminary operation shall not be construed as an acceptance of any Work installed under this Contract.
B. Clean-up: Upon completion of the Work of this Section, immediately remove all swimming pool electrical materials, debris and rubbish occasioned by this Work to the approval of the Owner's Representative.
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14 BID PROPOSAL
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
City of Hanford Date:
315 North Douty Street
Hanford, CA 93239-3951
The undersigned, as bidder, declares that we have received and examined the project entitled.
PLUNGE MECHANICAL REPAIRS
and will contract with the owner, on the form of agreement provided herewith, to do everything required for the fulfillment of the contract to:
Furnish all necessary labor, materials, equipment and incidentals necessary to complete the following tasks at the City of Hanford’s swimming facilities (The Plunge) , located at 415 Ford Street in Hanford, CA. Work shall be performed in accordance with industry standards. Work must be completed by April, 2026. Work will consist of Pump Control System Replacement, Variable Frequency Drive (VFD) Replacement, System Integration and Testing, and other General Requirements as described in Special Provisions, Section 2 of this document. Contractor must possess appropriate electrical and mechanical credentials for pump and VFD work.
We agree that the contract documents include all parts of this project as well as all referenced federal, state, and local agency requirements.
We acknowledge that addenda numbers _____________ through __________ have been received and have been examined as part of the project.
Attached is a bid guaranty bond duly completed by a guaranty company authorized to carry on business in the State of California in the amount of at least 10 percent (10%) of the total amount of our bid, or alternatively, there is attached a certified cashier′s check payable to the Owner in the amount of at least 10 percent (10%) of the total amount of our bid.
If our bid is accepted, we agree to sign the agreement without qualifications and to furnish the performance bond and the required evidence of insurance within 20 calendar days after receiving written notice of the award of the contract.
It is further understood and agreed that:
(a) In case of a discrepancy between words and figures, the words shall prevail, and in case of a discrepancy between unit prices and totals, the unit price shall prevail. (b) The City reserves the right to eliminate any section of this proposal from the contract without claim from the contractor for profits lost.
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15 (c) No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after execution of the Agreement, shall affect or modify any of the terms or obligations of this proposal.
(d) The City will not be responsible for any errors or omissions on the part of the undersigned in making up his bid nor will the bidder be released on account of errors. (e) The undersigned bidder is properly licensed in accordance with the State of California Act providing for the registration of Contractors.
(f) If the proposal shall be accepted and undersigned shall fail to contract as aforesaid and to give the bonds in the sums to be determined aforesaid with surety satisfactory to the City Council within TWENTY (20) CALENDAR DAYS after the bidder has received notice from the City Council that the contract is ready for signature, the City Council may, at its option, determine that the bidder has abandoned the contract, and thereafter, this proposal and the acceptance thereof shall be null and void, and the forfeiture provisions relating to such security accompanying this proposal shall operate and the said security shall be the property of the City of Hanford.
We further agree, if our bid is accepted and a contract for performance of the work is entered into with the Owner, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated.
____________________________________
Name of Bidder
____________________________________
Contractor's License No.
____________________________________
Signature of Bidder
____________________________________
Title of Signatory
____________________________________ ____________________________________ Witness Address of Bidder
___________________________________ ____________________________________ Title of Witness State of Incorporation
Let us help you
Maintain your own...
POOL & SPA
P.O. BOX 7536
VISALIA CA 93290
559.732.5559
FAX -559-749-0724
LICENSE #877307
*QUOTE GOOD FOR 30 DAYS*
DATE: 2-24-26
QUOTE FOR REPAIRS AT:
CITY OF HANFORD
PLUNGE POOL
415 FORD ST
HANFORD CA 93230
INSTALL NEW STARK RS SERIES 13.5 SQFT FILTER, INCLUDING ALL MEDIA WITH NEW BACKWASH SYSTEM, INCLUDING BOOSTER PUMP AS WELL AS ALL SCH 80 PLUMBING AND ELECTRICAL. INSTALL NEW 5 HP 3 PHASE VARIABLE SPEED PUMP, NEW PENTAIR CS400 CHEMICAL AUTOMATION SYSTEM, INCLUDES NEW SENSORS AND PROBES $98,665.00
THANK YOU!
MIKE MAY
OWNER
Let us help you
Maintain your own...
POOL & SPA
P.O. BOX 7536
VISALIA CA 93290
559.732.5559
FAX -559-749-0724
LICENSE #877307
*QUOTE GOOD FOR 30 DAYS*
DATE: 2-24-26
QUOTE FOR REPAIRS AT:
CITY OF HANFORD
PLUNGE POOL
HANFORD CA
LABOR TO INSTALL EQUIPMENT PROVIDED BY CITY OF HANFORD, INCLUDES ALL ADDITIONAL SCH 80 PLUMBING AND ELECTRICAL/PROGRAMMING $63,150.00
THANK YOU!
MIKE MAY
OWNER
14.A.
AGENDA
STAFF REPORT
MEETING DATE: 3/3/2026 AGENDA SECTION: PUBLIC HEARING
SUBJECT:
Formation of Community Facilities District No. 2026-3 (Public Maintenance Services)
RECOMMENDATION:
Recommendation:
That City Council, by motion:
1. Adopt Resolution 2026-10-R to establish CFD 2026-3
2. Adopt Resolution 2026-11-R to call for a special election for CFD 2026-3
3. Adopt Resolution 2026-12-R to declare results of a special election for CFD 2026-3
4. Adopt Ordinance 26-02 to levy special taxes for CFD 2026-3
Recommended Motion:
That City Council:
1. Adopt Resolution 2026-10-R to establish CFD 2026-3
2. Adopt Resolution 2026-11-R to call for a special election for CFD 2026-3
3. Adopt Resolution 2026-12-R to declare results of a special election for CFD 2026-3
4. Adopt Ordinance 26-02 to levy special taxes for CFD 2026-3
BACKGROUND:
The project Lunaria Subdivision Development (the “Project”) is a planned residential development within the City of Hanford (the “City”) that includes 457 single-family residential lots, internal roads, a drainage retention basin, and a 5.82-acre park. The areas proposed for inclusion in CFD 2026-3 currently are Phase 1A and Phase 1B of the Project shown in the attached Exhibit A, owned by D.R.
Horton, and is generally located east of 10½ Avenue between Hanford-Armona Road and Houston Avenue.
Phase 1A and Phase 1B include the development of 107 single-family residential parcels. The boundary of the CFD includes the area within the assessor’s parcel numbers as depicted on Exhibit A of the attached Resolution No. 2026-10-R, (Resolution of Formation). Phase 2 through Phase 6 will be annexed to the CFD as the phases are developed.
On January 20, 2026, the City Council adopted a Resolution of Intention to form a Mello-Roos
community facilities district, CFD 2026-3 (Public Maintenance Services), to finance the impact by new development on landscaping and lighting maintenance, park maintenance, drainage maintenance and street maintenance.
The City Council set March 3, 2026, as the date of the public hearing to receive public testimony and property owner protests, if any, with regard to the formation of the CFD and the levy of a special tax.
After receiving public testimony, the City Council will consider (1) adopting a Resolution of Formation (Resolution 2026-10-R) forming and establishing CFD 2026-3, (2) adopting a Resolution calling a special tax election (Resolution 2026-11-R), (3) adopting a Resolution declaring the results of a special landowner election (Resolution 2026-12-R), and (4) based on the results of the election, introducing an Ordinance authorizing the levy of a special tax within the boundaries of CFD 2026-3 (Ordinance 26-02), all attached hereto.
The City has received consent and waiver forms from the property owners within the proposed CFD waiving the time limits for conducting the election and waiving the analysis and arguments regarding the ballot measure. The City’s consultant, Willdan Financial Services, has determined that fewer than twelve registered voters reside within the CFD boundaries; therefore, only a property owner election is required. The property owners have received a special election ballot for the CFD, which allows them one vote per acre and/or portion thereof. The City Clerk has canvassed the ballots that were returned to the City Clerk, which will be opened and read at the City Council meeting.
A CFD Report prepared by Willdan Financial Services is included as required by the Mello-Roos Community Facilities Act of 1982. This report provides a brief description of the public maintenance services which will be required to adequately meet the needs of the CFD and estimates of costs of providing those public maintenance services. In addition, the report includes a map showing the boundaries of the proposed CFD.
FISCAL IMPACT:
The estimated annual revenue received by the City for CFD 2026-3 will be $409,472 which is based on the maximum special tax rates for Fiscal Year 2026/27 for an estimated 457 single family residential parcels. The annual revenue amount is expected to increase as development of additional property occurs within CFD 2026-3 due to annexations. The special tax for CFD 2026-3 includes an annual CPI adjustment. The process for the formation is funded by the developer, and no General Fund monies are used for this effort.
ATTACHMENTS:
1. Exhibit A - Track 938 1A and 1B - Aerial Maps
2. Resolution 26-10-R
3. Resolution 26-11-R
4. Resolution 26-12-R
5. Ordinance NO. 26-02
B
SHEET 1 OF 6
CITY OF HANFORD, COUNTY OF KINGSSTATE OF CALIFORNIACOUNTY TRACT NO. 938 - PHASE 1LUNARIA - PHASE 1A N
W. LACEY BLVDE. LACEY BLVDE. 7TH STREETE. 4TH STREETS 10 1/2 AVENUE HANFORD ARMONA RDS. 10TH AVENUES. 9TH AVENUEHOUSTON AVEHUME AVEIONA AVES. 11TH AVENUES. 12TH AVENUEMALL DR.W. 7TH ST.S. IRWIN ST.S. DOUTY ST.E. 3RD STREET DRAFT
SUBJECT TO AGENCY REVIEW
3-17-2025
2812345252627313029364540413942384337443348354634473249 PARCEL 1____PM ____
PARCEL 4____PM____
S HARRISSTREETCARSON WAYSUNFLOWERAVENUEORCHARD DRIVEECHO LANEDIAMOND DRIVEDIAMONDDRIVED.N. 2016-22364D.N. 2017-15278 HANFORD CEMETERYDISTRICTHANFORD CEMETERY DISTRICTD.N. 2005-28510 D.N. 2024-00256D.N. 2014-08812D.N. 2021-11557D.N. 2013-11521
LOT B - PARKLOT B - PARK
LOT ASTORM BASINADJUSTED PARCEL 2LLA NO. 2023-00242024- , O.R.K.C.DESIGNATEDREMAINDER2423181920212217136147158169101112BEVERLYDRIVE TRACT 475LSP 11-68PARCEL 2____PM ____PARCEL 3____PM ____
ABBY LANESOUTHHARRISSTREET
LSP 4-77
CURVE TABLE
SHEET 2 OF 6
OVERALL BOUNDARYHANFORD-ARMONA ROAD
N
SOUTH 10 1/2 AVENUE SOUTH 10TH AVENUEHOUSTON AVENUE
CITY OF HANFORD, COUNTY OF KINGSSTATE OF CALIFORNIACOUNTY TRACT NO. 938 - PHASE 1LUNARIA - PHASE 1A
SHEET 1 OF 4
N
W. LACEY BLVDE. LACEY BLVDE. 7TH STREETE. 4TH STREETS. 10 1/2 AVENUE HANFORD ARMONA RDS. 10TH AVENUES. 9TH AVENUEHOUSTON AVEHUME AVEIONA AVES. 11TH AVENUES. 12TH AVENUEMALL DR.W. 7TH ST.S. IRWIN ST.S. DOUTY ST.E. 3RD STREET CITY OF HANFORD, COUNTY OF KINGSSTATE OF CALIFORNIACOUNTY TRACT NO. 938 - PHASE 2LUNARIA - PHASE 1B
CARNEGIE WAYABBY LANEBEVERLY DRIVE
D.N. 2016-22364D.N. 2017-15278
HANFORD CEMETERY DISTRICTD.N. 2005-28510
D.N. 2024-00256D.N. 2014-08812D.N. 2021-11557D.N. 2013-11521TRACT NO. 47511 LS 68, K.C.R. 524135583657375638553954405344494251435046474548123456782710111213141522232425263128293033323417161920189 ADJUSTED PARCEL 2LLA NO. 2023-0024D.N. 2025-_____________21LOT A - STORM BASINHANFORD CEMETERY DISTRICT21ORCHARD DRIVEPARCEL 1____PM ____, K.C.R.
PARCEL 4____PM____, K.C.R.PARCEL 2____PM ____, K.C.R.PARCEL 3____PM ____, K.C.R.
TRACT NO. 938 - PHASE 1LUNARIA - PHASE 1A_____ LS, _____ K.C.R.LOT B - PARK12345678910111213141516171819202122232425262729283149324635433842394041LOT ASTORM BASINECHO LANEABBY LANECARSONWAYSOUTHHARRISSTREETSUNFLOWERAVENUE LSP 4-77SHEET 2 OF 4
OVERALL BOUNDARYHANFORD-ARMONA ROAD
NSOUTH 10 1/2 AVENUE SOUTH 10TH AVENUEHOUSTON AVENUE A
A
ABA BA
CITY OF HANFORD, COUNTY OF KINGSSTATE OF CALIFORNIACOUNTY TRACT NO. 938 - PHASE 2LUNARIA - PHASE 1B A
RESOLUTION NO. 2026-10-R
RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF
HANFORD TO ESTABLISH CITY OF HANFORD COMMUNITY FACILITIES DISTRICT NO. 2026-3 (PUBLIC MAINTENANCE SERVICES), TO ESTABLISH AN
APPROPRIATIONS LIMIT THEREFOR, TO AUTHORIZE THE LEVY OF A SPECIAL
TAX THEREIN, AND TO SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS
LIMIT AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS
THEREOF
WHEREAS, on January 20, 2026, the City Council adopted a resolution entitled “A Resolution of the City Council of the City of Hanford Declaring Its Intention to Establish City of Hanford Community Facilities District No. 2026-3 (Public Maintenance Services) and to authorize the levy of a special tax therein to finance certain maintenance services” (the “Resolution of Intention”), stating its intention to form Community Facilities District No. 2026-3 (Public Maintenance Services) (the “CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to finance certain services to serve the CFD (the “Services”);
WHEREAS, the Resolution of Intention, setting forth a description of the proposed boundaries of the CFD, Services to be financed by the CFD, including incidental expenses, and the rate and method of apportionment (the “Rate and Method”) of the special tax (the “Special Tax”) to be levied within the CFD to pay for the Services, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein;
WHEREAS, the Resolution of Intention set March 3, 2026, or as soon thereafter as practical, as the date for a public hearing on the establishment of the CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method;
WHEREAS, a notice of the public hearing to be held on March 3, 2026 was published in accordance with the Act;
WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD;
WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method were heard and a full and fair hearing was held;
WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the “CFD Report”) as to the Services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council, at the conclusion of said hearing, is fully advised in the premises;
WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and Method have not been filed with the City Clerk by
fifty percent (50%) or more of the registered voters residing within the territory of the CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and
WHEREAS, the Special Tax proposed to be levied in the CFD to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special taxes.
WHEREAS, City Staff reviewed the proposed CFD formation and determined that forming the CFD and financing the Services, as described in Section 7 of this Resolution, does not constitute a project for purposes of the California Environmental Quality Act, commencing with Section 21000 of the California Public Resources Code and the California Environmental Quality Act Guidelines, Article 5 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, (collectively “CEQA”). CEQA Guidelines Section 15378 specifically state that the term “project” for CEQA purposes does not include “continuing administrative or maintenance activities” or “[t]he creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” (CEQA Guidelines §§ 15378 (b)(2) and (b)(4).)
WHEREAS, the CFD is intended to fund landscaping and lighting maintenance, park maintenance, drainage maintenance and street maintenance attributable to new growth within the City.
WHEREAS, in addition to the foregoing, because the project is a financing mechanism to fund ongoing administrative and maintenance operations, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore is exempt from CEQA’s provisions. (CEQA Guidelines §15061(b)(3).)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hanford as follows:
Section 1. Recitals Correct. The foregoing recitals are true and correct.
Section 2. Public Hearing. On this date, pursuant to notice thereof duly given as provided by law, the City Council held a public hearing with respect to the establishment of the CFD and the annual levying of the Special Tax within the CFD to pay for the Services.
Section 3. No Majority Protest. The proposed Special Tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.
Section 4. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establishment of the CFD and the levy of the Special Tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.
Section 5. Name of the District. The community facilities district designated “City of Hanford Community Facilities District No. 2026-3 (Public Maintenance Services)” of the City is hereby established pursuant to the Act.
Section 6. Boundaries of the District. The Resolution of Intention provides the boundaries of the territory proposed for inclusion in the CFD, as set forth in the map of the CFD heretofore recorded in the Kings County Recorder’s Office on January 26, 2026, in Book 02 at Page 13 as Instrument No. 2601128 of Maps of Assessment and Community Facilities Districts.
Section 7. Description of Services. The Services proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit “A” hereto and by this reference incorporated herein.
Section 8. Special Tax.
a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a Special Tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council.
b. The proposed Rate and Method, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, is shown in Exhibit “B” attached hereto and hereby incorporated herein.
Section 9. CFD Report. The CFD Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the CFD, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.
Section 10. Increased Demands. It is hereby found and determined that the Services are necessary to meet increased demands placed upon the City, as the result of development occurring in the CFD.
Section 11. Responsible Official. The Finance Director, or his or her designee, of the City of Hanford, located at City Hall, 315 N Douty Street, Hanford, CA, 93230, telephone number (559) 585-2500, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.
Section 12. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases.