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Annual Contract for Professional Landscape Maintenance of Coordinate 3 45 B. Before execution of the contract by the Owner, the Contractor shall submit to the Owner a copy of his permit for the project issued by Cal-OSHA.
C. If there is any non-compliance with said detailed plans, the Contractor shall stop forthwith all affected work until there is compliance in the opinion of the State Division of Industrial Safety. The Owner, Engineer, officers, employees, consultants, and agents of the aforementioned, shall not be liable for costs incurred by the Contractor due to work stoppage, and the Contractor will not be given nor is entitled to an extension of time to complete the Work within the time set forth in this contract due to the work stoppage.
PART 12 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 written 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:
(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.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 46 PART 13 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 14 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 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
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 47 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 selfinsurance 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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Annual Contract for Professional Landscape Maintenance of Coordinate 3 48 (DO NOT DETACH)
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 and Payment Bonds, 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:
ANNUAL CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE OF COORDINATE 3
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
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 49 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
(DO NOT DETACH)
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, and 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 signing 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
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 50 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 comply with any of its obligations or responsibilities contained in this agreement; excluding, however, such liability, claims, losses, damages or expenses arising from City’s sole or active negligence or willful 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 Chris Tavarez, 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
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 51 _______________________________________ APPROVED AS TO FORM:
Title
___________________________________
City Attorney
(DO NOT DETACH)
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
ANNUAL CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE OF COORDINATE 3
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, administrators, and successors, jointly and severally, firmly by these presents.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 52 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.
(DO NOT DETACH)
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 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 _________________________________________
_____________________________________________
Title
____________________________________________
Surety
By ________________________________________
____________________________________________
____________________________________________
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 53 Address of Surety
____________________________________________
Phone Number of Surety
(DO NOT DETACH)
BOND NO. ______________________________
LABOR AND MATERIALS 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:
__________________________________________
____________________________________________________________________________ ________________
Hereinafter designated as the ″Principal,″ a contract for:
ANNUAL CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE OF COORDINATE 3
WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal or any of his or its subcontractors shall fail to pay for any materials, provisions, provender, or other supplies or terms used in, upon or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW THEREFORE, we,
_______________________________________________________________________ ___________________________________________________________________________ as Principal, and
____________________________________________________________________________ ________________
as Surety, are held and firmly bound unto the City of Hanford, California hereinafter called the ″Owner,″ to the penal sum of
____________________________________________________________________________ __
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 54 Dollars ($__________________) lawful money of the United States of America for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons named in Section 3181 of the Civil Code, or amounts due under Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code with respect to such work and labor as required by Sections 3247 et seq. of the Civil Code of California, then said Surety will pay the same, in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney′s fees, as shall be fixed by the court, awarded and taxed as in the above-mentioned statues provided.
FURTHER, the said Surety for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or of the work to be performed hereunder shall in any way affect it obligations on this bond, and it does hereby waive notice of any such change, extensions 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 the Principal and Surety herein named on the ______ day of _________________, 20___, the name and corporate seal of each corporate part being hereto 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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Annual Contract for Professional Landscape Maintenance of Coordinate 3 55 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-ExecutiveOrder.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/financialsanctions/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
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 56 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; layoffs 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. 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 the 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 provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. 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
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 57 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 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 Contractor 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 noncompliances, 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.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 58 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 contract 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 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 other 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 surroundings 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 to 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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Annual Contract for Professional Landscape Maintenance of Coordinate 3 59 SPECIAL PROVISIONS
FOR
ANNUAL CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE OF COORDINATE 3
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 60 SECTION 1 – DEFINITIONS AND CONFLICTS
DEFINITIONS
Inspector: The Deputy Public Works Director 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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Annual Contract for Professional Landscape Maintenance of Coordinate 3 61 SECTION 2 – GENERAL REQUIREMENTS
GENERAL
The requirements of this section govern the execution of all sections of the specifications.
A. STANDARD REQUIREMENTS AND LEVEL OF SERVICE
Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Hanford must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.
LEVELS OF SERVICE
The City of Hanford prefers the highest level of service for all areas of the Coordinate. Most areas in all Coordinates have funding that can support the highest level of service.
However, there are rare instances when the available funding in a particular area of a Coordinate will require the City to reduce the costs for that area by reducing the level of service (frequency of service) for that area. Therefore, the City of Hanford reserves the right to assign a service level of less frequency (Level B or Level C Service) to specific areas of a Coordinate when City deems necessary.
The City will provide the Contractor with 30 days advance written notice listing the area and square footages for which service shall be reduced and the effective day of service reduction. City will also automatically reduce the contract payment amount for those specific areas according to the table below which shows the reduction for Level B and Level C.
Service
Level
Frequency of Service Number
of
Services
Annually
Percentage by
which
Contractor’s
price will be
reduced
A Once per week intervals 52 -
B Two-week intervals 26 25%
C Once per month
intervals
12 33%
1. Standards. Contractor must perform services in a manner commensurate with the highest quality professional standards of the landscape maintenance profession, using qualified and experienced personnel and high-quality equipment and materials.
The specifications and standards must be met by Contractor at all times regardless of Contractor’s employees’ absence or established staffing pattern and levels.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 62 2. Working Day. The contractor's activities must be confined to the hours between 6:00 a.m. PST and 6:00 p.m. PST, Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior written consent of the City, except in emergencies involving immediate hazard to persons or property. • No normal and routine maintenance operations that cause excessive noise shall be performed before 7:00 a.m.
Contractor shall comply with the City of Hanford’s Municipal Code, Title 9 Public Peace, Morals, and Welfare, Chapter 9.10 Noises Prohibited. The City of Hanford Municipal Code can be found at www.ci.hanford.ca.us.
3. Company Identification.
• All employees must wear uniforms or other identifying clothing, to make it clear to all observers that they are employed by the contractor.
• All vehicles (trucks, etc.) used in the course of fulfilling this contract shall have appropriate company identification, visible to all observers, to identify vehicles as being owned by the contractor.
4. Professional Conduct. Contractor and contractor’s employees must conduct themselves professionally at all times in public and when dealing with City staff and/or Hanford citizens.
This will include but not be limited to refraining from using profane or vulgar language in public areas while performing work under this agreement. Contractor and contractor’s employees will also afford residents and citizens the utmost courtesy and respect at all times.
5. Property Owner Concerns. Contractor must make every attempt to satisfactorily address concerns and issues presented by residents of the district. As soon as the contractor is aware of a resident concern either directly or indirectly, the contractor shall immediately inform the Project Manager of the concern (including the resident’s name and phone number if possible), and what action was taken or will be taken by the contractor to address the concern.
Failure of the Contractor to abide by these terms and meet addressed concerns of the Coordinate’s residents will result in a $100 liquidated damages assessment or contract termination. The amount of damages for these types of issues is difficult to estimate; therefore a $100 liquidated damages assessment (per incident) shall represent costs incurred by the City in responding to complaints concerning the Contractor.
6. Mowing All Turf areas covered by this contract shall be mowed at the intervals established by the Level of Service assigned to the area (Level A, Level B or Level C Service).
7. Watering. Irrigation systems must be maintained, repaired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle.
Contractor shall follow the City’s and State’s water regulations. There will be a liquidated damage assessment of $100 per incident or termination of contract if multiple or gross violations occur in recognition of the importance of water conservation. The amount of
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 63 damage for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to complaints concerning the Contractor.
8. Signage. All regulatory park, street, and traffic signs, city information signs, botanical garden signs, donation monuments or stones, individual plant placards, etc., must be kept clean and clear of plant materials, dirt and dust, graffiti, and animal and bird excrements.
9. Chemicals. The City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contract and in case of changes after award of contract at least thirty (30) days prior to usage by Contractor for any chemicals while performing this contract.
Materials shall be non-staining, non-corrosive, and shall not leave a flammable residue.
Contractor shall not use pesticides in Category 1 (no chemicals with LD50 levels lower than 500 mg/km). These would include, but not be limited to, several organophosphate and carbamate possessing high mammalian toxicity due to their intense anticholinesterase activity.
Pesticides in Category II may be used with the authorization of the Project Manager.
Contractor shall, as part of the required monthly report to the City, prepare a Chemical Use and Proposed Work Report to indicate in writing the amount, type, and location of all chemicals used. If no chemicals are used, then the report must still be submitted indicating to the City that no chemicals were used.
10.Fertilizer. Short release fertilizer: Only commercial fertilizer containing ten percent (10%) or more nitrogen (N), available phosphoric acid (P205) or eight percent (8%) soluble potash (K2O), singly or collectively may be used. Generally, 16-6-8 would be nitrogen coming from an ammonic or nitrogen source. A slow-release fertilizer shall have at least half of the nitrogen coming from a coated slow-release nitrogen source.
Fertilization will be on an as needed basis. Project Manager will request a quote for cost of additional services from time to time when services are needed.
11.Clean-up. All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as bottles, cans, trash and paper, to include dumping trash receptacles within pocket and neighborhood parks. All trash and debris are to be removed and disposed of at intervals established by the Level of Service assigned to the area and at the contractor’s expense.
12.Emergency Response. Contractor must be able to respond immediately to emergencies.
Emergencies are generally construed as those events that in the opinion of City staff constitute an immediate danger or hazard to property or persons, or that significantly violate water conservation requirements. If the emergency condition is identified and the contractor is notified (either through discovery or by contact from City personnel) during normal work hours, the contractor must respond to the emergency within two hours unless otherwise specified. If discovery or notification occurs after normal working hours, the contractor must respond by 10am on the following working day.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 64 Contractor must provide some acceptable method by which contact can be made in case of emergency, i.e., paging system, cell phone, etc. and shall also provide a method by which non-emergency messages can be received during the workday, i.e., phone messages, email, etc.
13. Reporting and Inspections
Status Reports
a. A written report is to be prepared by the Contractor and given to the Project Manager monthly. The report shall include a description of unusual circumstances, locations of any homeless encampments that are found in areas being maintained by the Contractor, lighting that is inoperable, major irrigation breaks, safety hazards, etc.
For emergencies and safety hazards, the Project Manager is to be called immediately.
Failure to provide a report may result in a $100 penalty per incident or termination of contract if multiple incidents are noted. The reports are important especially if they are safety hazards. Amount of damages for these types of issues are difficult to estimate.
Therefore, $100 per incident shall represent costs incurred by the City in responding to complaints concerning the Contractor.
b. The Contractor must schedule a meeting with the Project Manager no less than once per month to review the work site to ensure compliance with the contract specifications and standards. At this meeting, Contractor or Contractor’s supervisor shall sign the meeting attendance and inspection reports prepared by the City, provide all chemical use and proposed use reports, irrigation inspection and schedule changes, and usage and/or proposed fertilizer usage reports and discuss major accomplishments for the previous month, notable problems, schedule changes and goals and deadlines for the coming month. The Project Manager shall discuss areas out of compliance and options to bring areas back into compliance with contractor. Project Manager shall discuss any penalties with the Contractor and/or intensions to withhold payment of invoices. Project Manager shall document these meetings. Failure to attend these meetings may be cause for a $100 penalty per incident or termination of contract if Contractor has failed to meet with City staff after multiple attempts to discuss gross breaches of duty.
c. The Project Manager shall report any maintenance deficiencies to Contractor. Contractor must correct any deficiencies at Contractor’s cost within five (5) working days of written notification. Unusual horticultural problems such as pests, disease, and damages that are beyond the scope of Contractor’s responsibility shall be brought to the attention of Project Manager.
d. A Chemical Use and Proposed Work Report must be completed for each chemical application and proposed application. These reports shall be submitted each month during contractor’s monthly meeting with City’s Project Manager.
Failure to submit reports may delay the City’s payment to Contractor and be cause for a liquidated damage assessment of $100 per incident. The amount of damage and costs to the City for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to incidents where the City was unsure of what chemicals were applied by the Contractor. The Contractor is responsible for submitting chemical usage reports to the County Agricultural Department. Copies are to be sent to the Project Manager as part of the Contractor’s monthly report.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 65 e. Monthly Irrigation Inspection reports (described below), irrigation schedule changes, and contractor signed landscape inspections from the City must be submitted with monthly invoice before payment will be made. Failure to submit all reports may delay the City’s payment to Contractor.
B. LANDSCAPE MAINTENANCE – SPECIFICATIONS
1. Irrigation. Irrigation must be done with the use of automatic or manual sprinkler systems where available and operable, unless outlined in the initial acceptance inspections for repairs. These areas will be addressed with Contractor during initial inspection and noted for regular monthly inspections. Failure of an existing system to provide full and adequate coverage after Contractor signs Notice of Acceptance shall not relieve the contractor of the responsibility to provide proper coverage of all areas. Providing any supplementary hoses, sprinklers, nozzles, etc. necessary to accomplish proper coverage shall be the contractor's responsibility. Exclusions will be identified in description of areas and will be addressed with Contractor during initial inspection. Original brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas.
Contractor is responsible for all repairs to the irrigation system starting at the City side of the water meter, with the exception of the repair/replacement of the irrigation controller, testing of the back flow and repair/replacement of the backflow.
a. Maintenance. At all times, Contractor must maintain all sprinkler systems in such a way as to give proper coverage and full working capacity, making whatever adjustments or repairs necessary to maintain healthy turf, plant growth, prevent dry spots in turf, plants, and shrubs, and prevent excessive run-off into streets or other areas not intended to be irrigated. Care must be taken to prevent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.
The contractor shall keep controllers and valve boxes free of dirt and debris; repair, replace, clean, adjust, straighten, raise, or lower the following sprinkler system components:
• Sprinkler heads
• Sprinkler risers
• Bubblers
• Drip hose
• Quick coupler valve boxes
• Hose bib boxes
• Remote control valves
• Remote control valve boxes and covers
• Maintain and replace batteries in battery operated controllers on a continual basis
• All irrigation wiring should be maintained to City standards including proper splices using DBR/Y-6 splice kits
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 66 • Proper solenoid/decoder replacement should be completed with dry and tight connections
• Minor graffiti removal from irrigation controllers
• Controllers to be kept free of all plant materials, spiders and webs, and any other material that could cause the controller to be nonaccessible or damaging to the controller If contractor fails to keep sprinkler nozzles properly adjusted/aligned to prevent water waste, repair or replace malfunctioning, broken or missing sprinkler heads and/or sprinkler head risers and water waste results, the City of Hanford reserves the right to bill contractor for excess amount of water in addition to assessing a liquidated damage assessment of $100 per incident. Because It is difficult to estimate the potential losses in water and the costs for City response time to complaints from residents, $100 has been established as a reasonable assessment.
The Contractor shall prepare a written Irrigation Inspection Report (a report template has been included with this RFB, as a sample for Contractor). The report shall describe any irrigation schedule changes, malfunctions, and necessary repairs. The Irrigation Inspection Report must be submitted with monthly invoice before payment will be made.
b. Inspection. The contractor must inspect all irrigation systems for any malfunction on an interval established by Level of Service assigned for the area. This must be accomplished by utilizing a remote-control receiver or placing the controller in test mode and visually inspecting sprinkler operation.
This includes, but is not limited to breaks in irrigation lines, irrigation valves, heads, leaks and washouts, saturated areas or dry spots. Contractor must notify Project Manager within twenty-four (24) hours of any malfunctions.
Failure to provide notice to the Project Manager may be cause for liquidated damage assessments of $100 per incident or termination of contract. Because It is difficult to estimate the potential losses in water and the costs for City response time to investigate complaints from residents, $100 has been established as a reasonable assessment.
Contractor is to track all irrigation locations where plants are missing and maintain irrigation heads until plants are replaced.
Excessive water run off or overflow onto hard surface areas must be kept to an absolute minimum so as not to cause waste of water, pedestrian and/or vehicular liabilities. Problems reported to Project Manager or designated representative will be repaired within twenty-four (24) hours. Failure to complete repair or notify Project Manager of any delay to repairs may be cause for liquidated damage assessment of $100 per incident or termination of contract if multiple breaches occur.
Water leaks or stations must be turned off within two hours (2 hrs.) on the day reported to save water. Repairs must be made within twenty-four (24) hours or sooner if City classifies the necessary repairs as requiring an Emergency Response as stated in this Agreement. Twenty-four (24) hour fixit notices will be sent to contractor via email. Failure to comply may result in liquidated
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 67 damage assessments to the Contractor of $100 per incident, unless the Project Manager is contacted, and an agreed time frame modification is made between the contractor and the Project Manager in writing.
Approximately sixty (60) days prior to the conclusion of the contract, a comprehensive test of all irrigation systems shall be made by a Public Works Department representative. Any repairs deemed the contractor's responsibility must be made by the contractor prior to the end of the contract period.
If the repairs made are not to the Project Manager's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies determined by the Project Manager.
c. Repairs. Irrigation systems which are damaged by vandalism or in any way as a result of work performed under this contract must be repaired or replaced in kind and in an approved manner by the contractor. Repairs must be made immediately after damage occurs, unless otherwise directed. Vandalism will be documented by the contractor with the use of digital photos or video tape and supplied to the Project Manager as proof of vandalism. The preferred method of transmission of photos would be digital photos transmitted via email.
Failure to provide such documentation may be cause for no reimbursement of corrective expenses to Contractor.
The contractor shall keep an itemized list of material(s) used to repair vandalism damage and submit to Project Manager for reimbursement of the Contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST.
• Normal Repairs = Contractor is responsible for all normal repairs (i.e.
Main line (including from water service meter to the back flow), irrigation controllers, valves, control wires, decoders, sprinklers, nozzles, lateral lines, etc.) The backflow devices annual maintenance/testing will be the responsibility of the City of Hanford. All normal repairs are the sole responsibility of the contractor except for repairs needed due to vandalism. Repairs not made within twenty-four (24) hours of notification or not completed to the satisfaction of the Project Manager may be assessed a liquidated damage assessment of $100 per incident.
• Major Repairs = City is responsible for funding major repairs, which include repairs to Booster Pumps or Backflow Devices. All major repairs are the responsibility of the contractor to repair and make operable but must be authorized by Project Manager in writing prior to repairs being made. Hourly rate plus materials for major repairs to be authorized by Project Manager prior to any work being done.
Contractor is responsible to report, in writing, any issues with these devices to the Project Manager for authorization to repair or replace.
Failure to complete repairs in the allotted time on a repeated basis will cause the Contractor to have the full costs of repairs deducted from monthly billing
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 68 and may be grounds for termination of contract. Contractor will be responsible for any fines applicable under state law, public utility billing, or local ordinance, due to continuous running water.
d. Turf Watering. All turf areas must be watered based on 85-95% of daily evapotranspiration rate and need to maintain a uniform, green, healthy growth pattern and promote deep root growth. (If City water restrictions are imposed to conserve water, they will supersede the previous statement).
Water shall be applied in short repeat cycles of 3 - 5 minutes each to prevent water running off into street. Care shall be taken not to over water or waterlog any soil. Contractor shall turn off irrigation system during the wet season and adjust the controller seasonally. Each time the schedule is changed due to seasons or any other reason, a revised schedule shall be provided to the Project Manager.
Water applications on turf and ground cover areas shall generally be applied between 12:00 a.m. and 6:00 a.m. where possible, to lower the risk of fungus in turf. Drip stations may be operated during daytime hours. e. Water Schedule. Turf and landscape watering shall be scheduled in accordance with prevailing water conservation requirements, and unless otherwise specified shall be scheduled Tuesday through Sunday. No watering shall be allowed on Monday without prior approval of Project Manager.
Irrigation program shall be set up so that no water is applied to turf 48 hours prior to mowing. Overhead systems shall not be operated between 8:00 a.m. and 6:00 p.m.
Contractor will be responsible for any fines associated with not following the City’s Water Conservation Rules and Regulations.
A proposed quarterly schedule of watering shall be provided to the Project Manager one (1) month after award of contract. Each time the schedule is changed a new updated schedule must be provided to the Project Manager.
f. Ground Cover. Sufficient amounts of water shall be applied to ground cover areas to maintain a healthy growth pattern and promote deep rooting. Care shall be taken to not over water or waterlog soil.
g. Banks and Slopes. Sloped landscape areas shall be irrigated in short cycles as required to prevent water runoff, and to maintain horticulturally acceptable growth and color. Irrigation practice is to promote deep root growth with a minimum of run-off.
h. Shrub and Trees. All shrubs and trees shall be watered as needed to maintain healthy growth and promote deep rooting. Care shall be taken to not over water.
Irrigation rates shall be adjusted according to shrubs or tree types and seasonal weather conditions. Deep watering for root growth is encouraged and surface run-off is to be kept at a minimum.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 69 i. Newly Planted Trees, Shrubs, and Groundcover. All newly planted areas are to receive special attention until plants are established. Adequate water shall be applied to promote normal, healthy growth. Watering basins around newly planted shrubs and trees to be used during establishment period. It is the contractor’s responsibility to contact the City’s Water Utilities Division to get a twenty-one (21) day establishment permit for any additional irrigation that will be needed for newly planted plant materials. j. Remote Control Receiver. Upon contract commencement, the contractor is required to have a radio-frequency ready remote-control receiver that is compatible with all major irrigation systems. It is the responsibility of the contractor to obtain and purchase these devices.
Continuous activation of valves by manual solenoid or bleeding valve stem can be damaging to the fragile irrigation mechanisms. The remote control allows the contractor to inspect the irrigation system effectively by utilizing the technology currently in place.
2. Weed Control.
a. Weed control clarification. For the purpose of this specification, a weed shall be considered to be any undesirable plant or plant growing out of place. • Maintenance shall include the removal and chemical abatement of weeds growing on all paved and unpaved surfaces of all maintenance areas of contract. All landscaping within the specified maintenance areas including lawns, planter areas, median islands, and tree wells shall be kept weed free at all times.
• Complete removal of all weed growth is to be accomplished by the Level of Service assigned to the area. Weeds shall be controlled by chemical methods by the contractor.
• Weeds reaching height or width of four inches (4") shall be physically removed from landscaped areas.
• Seedlings growing out of desired landscape plants shall be removed and chemically treated to terminate the growth of the undesirable seedling. b. Use of Chemical Herbicides. The contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and the contractor's employees during chemical weed control operations. The Project Manager may restrict the use of chemical weed control in certain areas. Pesticide Applicators License is required to apply herbicide. Contractor must supply a copy of this license to the Project Manager. Failure to provide documentation of active license may result in a liquidated damage assessment or termination of contract.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 70 Contractor shall take necessary precautions to prevent herbicide drift onto nontarget plants.
3. Diseases and Pest Control. The contractor must regularly inspect all landscaped areas for the presence of disease, insect, or rodent infestation. The contractor shall notify the Project Manager within three (3) days of finding such a condition, outlining identification and control measures to be taken. Upon approval of the Project Manager, the contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and contractor's employees. a. Use of Chemical Pesticides. All rules of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding safe application of pesticides under this contract shall be observed. Pesticide Applicators License-Category B, is required to apply pesticide. Contractor shall take necessary precautions to avoid pesticide drift onto non-target organisms.
b. Rodent Mounding. Mound of soil in turf and planter areas caused by rodent activity shall be raked down at the intervals established by the Level of Service assigned to the area, to prevent soil build up in turf and around plants. All curbs, gutters, and other hardscapes adjacent to the maintenance areas will be free of any soil mounds or erosion caused by rodents.
c. Rodent/Pest Control. Contractor must inspect all turf and planter areas for rodent (gopher, squirrel, and other pest) activity, and initiate control measures at the intervals established by the Level of Service assigned to the area.
Contractor must fill all rodent holes in areas that are used by walkers and pedestrians for safety (i.e. trails, turf, DG paths, etc.). Contractor shall take necessary precautions and safeguards to protect health of public and employees.
4. Plants. All shrubs and ground cover plants growing in the work area must be pruned once every other month to maintain plants in a healthy growing condition, and to allow for full coverage of the irrigation system. Pruning is to be done in a manner that promotes the plant's natural growth characteristics. If hedging is needed to clear the sidewalk, the plant must be trimmed on all sides to balance growth. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All debris from trimming of plant material will be removed from beds, hauled off, and disposed of immediately and appropriately. Fallen leaf material shall be removed from planter areas and off the plants on a monthly basis to allow for proper growth of the plants.
a. Growth Control. Plant growth shall be kept within reasonable bounds to prevent its encroachment into walks, passageways, and streets. Clear view of traffic signs and intersections is to be maintained at all times.
All shrubs and plant growth in planter areas along walls are to be maintained to a height no greater than four feet (4’) (unless specified by the project manager) and kept from blocking any subdivision, safety signage, and overhead or landscape lighting.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 71 All trees, large and small shrubs, and groundcovers in planters or Right of Way areas along streets and at intersections, must be maintained and trimmed for traffic sightline clearances.
Mature tree canopies must be maintained above eighty-four (84) inches above soil grade for site line visibility. Newly planted, young or non-mature trees, multitrunk trees, or large shrubs (i.e. Western Redbuds) must also be raised or thinned to maintain site line visibility.
Pruning is to be done in a manner that promotes the plant's natural growth characteristics.
Small shrubs and groundcovers must be kept below thirty (30) inches at road level to allow for visual site of oncoming traffic.
b. Removal. All dead, dying, or damaged plants (including trees under 12” DBH) and any branches must be removed immediately. This debris, including plant growth removed by contractor, shall be removed away from job sites and appropriately disposed of at the intervals established by the Level of Service assigned to the area. Hauling and disposing of said debris must be included in bid price. Dead stems of daylily, agapanthus, and similar plants shall be removed on a monthly frequency. Dead leaves around base of plants shall also be removed on a monthly basis.
c. Trees. The contractor is responsible for removal of suckers, limb growth that inhibits site line visibility of any traffic, and all pruning that can be reached with a twelve-foot (12’) pole saw by a person standing on the ground as part of this contract.
All trees are to be maintained in their natural shape, and pruning is to be done in a manner that promotes the trees natural growth characteristics using sharp and proper pruning tools along with the correct pruning techniques to promote and achieve the trees natural growth characteristics and to meet International Society of Arboriculture (I.S.A.) Standards; all cuts shall be made cleanly with no stubs or projections remaining.
No weed whackers or hedging type tools shall be allowed to trim and maintain trees. The use of improper tools and techniques resulting in the negligent and irresponsible care of trees or plants, thus causing damage to trees or plants and resulting in the need for the Project Manager to hire outside services to correct the damage will result in those costs associated with the corrections being deducted from the Contractors monthly invoice along with a $100 liquidated damage assessment per incident or up to termination of the contract.
Canopy clearance above sidewalks, bikeways, and other pathways of 10'0" is to be maintained for pedestrian safety.
All regulatory street and traffic signs must be clear of tree and plant growth at all times for sight clearances.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 72 Clippings must be picked up, hauled away, and disposed of by the Contractor immediately and appropriately.
Leaves in planter areas shall be removed on a monthly basis. In addition, during seasonal drop leaves will need to be removed off of walkways as needed for safety. Fallen leaf material shall be removed off the plants regularly to allow for proper plant growth.
Newly planted trees that do not have trunk caliber sufficient to support tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.
Until young trees are strong enough to stand alone, they shall be flex-tied between two (2) approved two-inch (2") diameter x eight foot (8') treated tree stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be required in some areas. Tree ties made of extruded vinyl base, 1” wide, and a minimum of .01” thick shall be used to secure the young trees. Tree ties to be inspected often for signs of girdling or abrasion.
Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees located in turf areas.
Trees damaged by maintenance equipment shall be replaced by contractor with like size and species. Contractor is responsible for all costs related to replacement.
Maintenance shall include the removal of dead trees, limbs, and dead leaf material at the intervals established by the Level of Service for that area. Dead trees will need to be replaced per the contract for plant replacement in Item 6 (below) of this scope of work and by the discretion and determination of the Project Manager.
Young or new trees along trails, paths, riparian landscapes, Landscape and Lighting Districts, parkway strips, and pocket parks shall be maintained, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species by the contractor for the first three (3) years of the trees life within the landscape. Stakes must be removed when tree has sufficient strength to support itself. These costs are to be factored into the planter costs. Project Manager will instruct contractor when tree stakes are to be removed. Contractor is responsible for the proper disposal of all pressure treated wooden tree stakes. All metal stakes in good condition must be taken to City of Hanford, Corporation Yard for storage.
The contractor shall notify the Project Manager within twenty-four (24) hours of any tree that shows sign of root heaving, leaning, having hanger limbs, or in some manner constitutes a safety hazard. Failure to notify Project Manager may result in a liquidated damage assessment of $100 per incident to recover the losses to the City for responding to resident complaints of the Contractor noncompliance or termination of contract if multiple breaches or gross violations occur that place residents in danger.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 73 d. Shrubs. All shrubs must be trimmed to prevent encroachment onto walks, passageways, streets, curbing, and trails to allow for safe passage of users.
Shrubs must be trimmed to allow a clear sightline of oncoming traffic at all Right of Ways and intersections. Shrubs must be cleared away from all regulatory street and traffic signs. Shrubs in planters must be kept below thirty (30) inches at intersections and turn lanes for sightline of oncoming traffic.
5. Fertilization. Fertilization will be performed on an as needed basis as requested by the Project Manager. Project Manager will request separate pricing for fertilization when it is required. A slow-release fertilizer will be applied when fertilizer is requested by Project Manager.
When fertilizer is applied as needed, to maintain healthy and vigorous plants: The City anticipates that primarily nitrogen will be deficient in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth.
Analysis of fertilizer shall be approved by the Project Manager prior to application.
All turf fertilizer shall be watered in thoroughly within two (2) hours of application.
Fertilizer shall be applied uniformly using an appropriate spreader. Prior to beginning a fertilization program, Project Manager shall submit to the Contractor a schedule showing sites to be fertilized. The Contractor shall submit to the Project Manager a schedule showing the dates and approximate times of fertilizer applications. Timing or number of sites fertilized per day or week shall not be set up to preclude normal on-site maintenance work.
Once the Project Manager has requested that fertilization is necessary the Contractor shall notify Project Manager at least ten (10) days before any fertilizer applications. Receipts for the Contractor’s purchase of the approved fertilizer will be required and must be submitted to the Project Manager with monthly invoice.
Note: Subject to approval of the Project Manager, fertilization may be altered by use of slow-release fertilizers such as Woodace containing IBDU formula.
6. Replacement of Plant Material
a. The contractor must notify the Project Manager within three (3) days of discovery of loss of turf, shrub, ground cover, or tree material due to any cause. b. The contractor must supply all labor and materials to replace any tree, shrub, turf, or ground cover damaged during work by the contractor or lost through the contractor’s faulty maintenance or negligence.
Trees, shrubs, or turf that are damaged or lost through disease, insect infestation, or rodents, that could have been prevented with reasonable ordinary care by the Contractor shall be the responsibility of the Contractor.
Contractor is not responsible for plant loss due to vandalism, theft, vehicle accident, fires, storm, or water restriction in response to drought conditions.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 74 Whether or not the loss was due to Contractor faulty maintenance or negligence shall be determined by the Project Manager. The size and species of replacement plant material shall also be determined by the Project Manager but shall be reasonably equal to the plant material that is being replaced.
In regard to trees, where there is a difference between the tree lost and the replacement tree, the difference will be deducted from the contract payment. The value will be determined using the latest American Shade Tree Conference guidelines.
c. Any plant damaged or lost through fires, storms, or water restrictions in response to drought conditions, theft, vehicular damage, or vandalism that are not the responsibility of the Contractor (as determined by the Project Manager), shall be replaced in kind and size at the Project Manager’s direction. The Contractor will perform the work and the City will pay for the Contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST.
From time to time, it may be necessary or desirable to replace some plants to enhance the overall appearance of a site. Any such replacements will be at the Project Manager's decision. The Contractor will perform the work, and the City will pay for the Contractor’s labor at contract rates and cost of replacement materials. All landscape repairs and replanting requested by the City’s Project Manager must be completed according to a date agreed upon in writing between the City Project Manager and Contractor.
The Contractor shall supply itemized labor hours and material cost invoice(s) with monthly invoices in order to be reimbursed for plant replacement.
7. Turf Maintenance
a. Mowing. The turf must be mowed and edged at the intervals established by the Level of Service assigned to the area during its growing season in order to maintain a neat appearance and healthy growth. If weather conditions do not permit regular mowing, longer intervals may be observed by Project Manager with notice from Contractor.
• Contractor shall never mow turf when it is in a wet, saturated condition that would cause rutting, tearing or sliding on the turf surface or when it could be unsafe for Contractor’s employees to operate equipment.
• All lawn areas in this contract must be mowed with power-propelled reel or rotary-type mowers.
• All mowers must be cleaned prior to each mowing to avoid possible weed invasion.
• Mowers must be adjusted and maintained to provide a smooth, uniform cut with no ridges or depressions.
• Turf must be cut with the size of equipment, which will give a neat appearance without rutting, sliding over, or scalping the turf. This will be strictly adhered to, including cases of steep turf slopes. • Blades must be kept sharp at all times to prevent turf damage.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 75 • Mowing patterns must be changed for each mowing service or as often as necessary to avoid rutting.
• Turf must be kept at a uniform height that is recommended for that particular type of turf grass.
• Grass clippings must be removed promptly and disposed of at the Contractor’s expense unless they will dry and drop beneath the growing level of the turf within twenty-four (24) hours. • Recycling cutting decks that provide an acceptable cut may be used if written approval of Project Manager is obtained prior.
Contractor’s employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. Contractor shall be responsible for repair of damage caused by its mowing or other activities.
Contractor shall take great care around trees. Any trees which have more than fifty percent (50%) of the bark removed in a given three-inch (3”) area of trunk by weed whips or mowers shall be considered destroyed and shall be replaced at the Contractor’s expense with like species and size. b. Mowing Height. All turf, except Bermuda, must be maintained at a height range between three and one-half inches (3 ½ “) maximum and two and three fourths inches (2 ¾”) minimum.
Fescue height shall not exceed three and one half inches (3 ½”).
Common Bermuda must not exceed two inches (2”) in height.
Mowing shall be performed so that no more than one third (1/3) of the grass blade is removed per frequency in returning the grass to acceptable height for the species being mowed within areas assigned at a level A Service.
All turf areas shall be mowed at the intervals established by the Level of Service assigned to the area on a preset day and route. Any changes to this schedule shall be approved in advance by the Project Manager.
During periods of heavy growth, more than one mowing per week may be required to maintain acceptable appearance within areas assigned at a Level A Service.
All turf areas shall be maintained at a level that will ensure a healthy, green color and uniform growth.
c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on an as needed basis by chemical or manual method when requested by Project Manager. Chemicals used for control shall be registered for use on Fescue and Bermuda turfs. A Broadleaf and Crabgrass pre-emergent herbicide shall be applied between mid-January and March and again between September and Mid-November of every year. Herbicides such as Dimension, Pendulum, or Barricade are recommended during this application period. For post broadleaf weed control Triplet, Trimec, or Triamine will be applied to control Broadleaf and Crabgrass weeds that are currently growing
RFB 2026-23
Annual Contract for Professional Landscape Maintenance of Coordinate 3 76 and weather conditions permit the application. Contractor shall provide Project Manager a quote for work prior to work being started and shall not perform work without Project Manager’s approval of quote.
Contractor will be required to notify the Project Manager of the application dates and provide a schedule of areas treated as completed.
d. Edging. All turf adjacent to improved surfaces shall be edged a minimum of once every mowing. Unimproved surfaces between turf and planter areas and/or property lines shall be edged a minimum of once per month to maintain turf delineation.
String trimmers, a.k.a. weed eaters, shall not be used around trees. e. Clean-up. All surfaces shall be free of grass clippings and debris including turf, gutters, and street upon completion of mowing and edging operation. It is the responsibility of the Contractor to remove these items immediately and dispose of them appropriately.
f. Turf grass seeding. Turf grass seeding will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. When seed is used, areas shall be top-dressed with humus.
g. Renovation. Renovation will be done on an as-needed basis when requested by Project Manager. Project Manager will furnish square footage and locations for renovation This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started.
Turf renovation to remove accumulated thatch from all sites under this contract must be accomplished by power raking or dethatching rakes on turf (care shall be taken so turf is not damaged).
A schedule of equipment to be used by the Contractor shall be submitted to the Project Manager for approval 10 days prior to beginning work.
Refuse generated by renovating shall be removed not later than the day following the operation.
h. Aerification. Aerification will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. Contractor shall not perform work without Project Manager’s approval of quote.
Project Manager will furnish square footage and locations for aerification.
8. Ground Cover Maintenance & Wall Covering of Ficus Pumila, and All Other Vines.
RFB 2026-23
Annual Contract for Professional Landscape Maintenance of Coordinate 3 77 a. All areas planted in ground covers shall be adequately irrigated to maintain vigorous growth.
b. Groundcover beds shall be periodically edged to keep them in their intended space. Groundcovers shall not be allowed to encroach into sidewalks, lawns, shrub beds, or other areas deemed as undesirable by the Project Manager.
c. Groundcover plantings shall be periodically thinned and pruned for vigorous growth and overall appearance of the site.
d. Groundcovers in median and other Right of Way areas must be trimmed below thirty (30) inches at road/asphalt level for sight clearances for traffic safety.
e. Wall covering of Ficus Pumila and other vines, will be trimmed back close to the wall and removed from trees and shrubs, and removed from planter areas as needed. Wall coverings shall not be allowed to grow over the top of the wall.
9. Hardscape Areas. All patios, curbs, gutters, pathways, sidewalks, parking lots, and other hardscape areas (i.e. Center median island points, roundabouts, etc.) adjacent to and part of the City owned property or Right of Way must be kept free of weeds, debris, leaves, grass clippings, etc. at all times to provide a safe and clean passage for users and to prevent slips and falls.
All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as glass, bottles, cans, trash, paper, and other yard waste. All trash and debris are to be removed and disposed of at the intervals established by the Level of Service and at the contractor’s expense.
10. Vegetation. All vegetation areas must be kept free of weeds, trash, leaves, grass clippings, etc. at all times. The contractor is responsible for removal of suckers, limb growth, and all pruning of trees that can be reached with a twelve-foot (12’) pole saw to a minimum height of eight (8) feet, by a person standing on the ground as part of this contract. Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees. Mowing shall be performed as weed control bi-weekly.
Note: If and when using a blower or other power equipment, Contractor shall comply with the City’s Municipal Code 9.10.060 Noises Prohibited - Blowers, Mowers, Trimmers, and Similar Devices. In or in proximity to residential or noise sensitive areas, between the hours of 8:00 p.m. and 7:00 a.m., the operation of any noise-creating blower, mower, trimmer, power fan, or any battery/electricalpowered or internal-combustion-powered equipment, provided that the noise can be heard across the property line of the property from which it emanates.
Refer to Exhibits B and C for square footages and locations.
RFB 2026-23
Annual Contract for Professional Landscape Maintenance of Coordinate 3 78 GENERAL CONDITIONS
A. CONTRACTING AGENCY
The contract resulting from this Invitation to Bid will be administered by the City of Hanford Parks Maintenance Department. However, the City Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions, or scope of the contract.
B. TERM OF CONTRACT
The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for two (2) consecutive one-year periods. Contract shall begin on the first of the month immediately following the written Notice to Proceed or as scheduled between City Project Manager and Contractor.
The City will be presumed to request renewal unless the City delivers a thirty (30) day written notice of non-renewal to the Contractor prior to the renewal date.
If Contractor decides not to consent to renewal by the City, then they must provide the City Project Manager with a written notice of non-renewal at least sixty (60) days prior to the renewal date.
Additionally, this Agreement may be terminated for convenience by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, Contractor shall transfer to City any funds and/or accounts receivable on hand attributable to the use of CITY funds.
C. PRICING
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar
RFB 2026-23
Annual Contract for Professional Landscape Maintenance of Coordinate 3 79 days prior to the annual anniversary date of the agreement. Requests filed after this time period 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 twelvemonth period closest to the anniversary month 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.
D. LOCAL VENDOR PREFERENCE
In an effort to encourage local businesses to provide goods and services to the City, the Council has enacted a Local Vendor Preference policy. The preference affords to businesses located within Hanford City limits, a five (5) percent preference and will apply to any business that has a fixed business address within Hanford City limits. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of the City of Hanford address.
Tie bids shall be awarded to a local merchant to the extent quality and prices are equal.
If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.
MEASUREMENT AND PAYMENT
A. BILLING AND PAYMENTS
Contractor is fully responsible for assuring that all services arising from the agreement are billed the correct and applicable contract rate. The contractor is required to establish and maintain a process to monitor its billing practices and will refund all over-charges that may occur. The City will routinely audit bills generated.
B. MEASUREMENT AND PAYMENT
The contractor will be paid monthly in arrears for work satisfactorily performed under this contract. After completed work has been inspected and approved, payment will be made in no more than thirty (30) working days from completed inspection.
Contractor’s monthly invoice must include (see attached Exhibit D):
o A signed Landscape Inspection sheet,
o signed monthly meeting sheet,
o signed irrigation schedule,
o a signed chemical usage report sheet
C. CITY’S RIGHT TO WITHHOLD CERTAIN AMOUNTS
The City may withhold a sufficient amount of any payment otherwise due to the contractor to cover:
• Payments that may be past due and payable for just claims for labor or materials furnished in and about the performance of the work under this contract and as a result of contractor’s failure to properly make payments to its subcontractors or suppliers.
RFB 2026-23
Annual Contract for Professional Landscape Maintenance of Coordinate 3 80 • Claims filed or reasonable evidence indicating the probable filing of claims. The City shall disburse and shall have the right to act as agent for the contractor in disbursing such funds as have been withheld pursuant to this subsection, to the party or parties who are entitled to payment therefrom. The City will render to the contractor a proper accounting of all such funds disbursed on behalf of the contractor. • Work required in the specifications which is not performed or is incomplete or for defective work not remedied.
• When Contractor is out of compliance with the requirements of the maintenance agreement, an appropriate downward adjustment in contractor’s payment shall be made.
Downward adjustments will be made for incomplete and /or unsatisfactory work or nonperformance based on a percentage of the estimated cost to the City for each area maintained by the Contractor. See tables below which list the cost adjustment percentage. The Area Cost Estimate used by the City will be the square footage descriptions contained in Exhibit C (or as that document is amended if additional areas are added during the term of the Agreement) and then adjusted based on the Unit Price provided by the successful bidder.
Areas with Planters and Turf:
Area
Cost
Estimate
Trash/Debris Turf Planters Trees Irrigation Weed Control 10% 15% 20% 15% 15% 25%
Areas with only Planters:
Area
Cost
Estimate
Trash/Debri
s
Ground Cover
and Shrubs
Tree
s
Irrigatio
n
Weed Control
10% 25% 25% 15% 25%
• If an inspection by City indicates an area is out of compliance, the City shall:
o Notify the Contractor in writing of the area that the inspection showed was incomplete or unsatisfactory,
o Describe the reason why the inspection listed the area as incomplete or unsatisfactory,
o List the amount that the City will withhold if the area is not brought into compliance, and
o List a date that re-inspection by the City shall occur. • If the area is not brought into compliance by the re-inspection date or the matter otherwise resolved, the City shall withhold the stated amount for the incomplete and/or unsatisfactory work from the next payment processed by the City. • If the corrections are not made by the Contractor, the City may, in the sole discretion of the City, have the out of compliance area brought into compliance by City forces or by a third party and charge the expense to the Contractor in lieu of a payment adjustment.
RFB 2026-23
Annual Contract for Professional Landscape Maintenance of Coordinate 3 81 • The City reserves the right to assess a $100 liquidated damage assessment per incident over and above the cost to correct the unsatisfactory condition for failure to perform any part of the work covered in this contract. Because it is difficult to estimate the potential costs to the City in responding to resident complaints over such conditions, $100 is set as a reasonable estimate of potential costs to the City in responding to a failure by the Contractor.
D. EXTRA WORK
The contractor shall do no extra work except upon written order from the City. For such extra work the contractor shall receive payment as agreed upon in writing. The contractor shall furnish the project manager with report sheets in duplicate for each day’s extra work no later than the working day following the performance of said work. After comparison with the project manager’s records, any necessary adjustments shall be made. The reports shall be signed by both parties before they become a basis of payment for the work performed. Payment for extra work shall be made at the unit price or lump sum previously agreed upon by the contractor and the project manager.
LEGAL RESPONSIBILITIES & SPECIAL PROVISIONS
A. ASSIGNMENT
No assignment by the vendor of the contract or any part hereof, or of funds to be received thereunder, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet, or transferred.
B. TERMINATION OF CONTRACT
1. This contract may be terminated without cause by the City, in whole or in part, by giving the contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.
2. If the contractor fails to provide services or perform unsatisfactorily the work required by the terms and conditions of the contract or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice. Termination for cause may result in a contractor being considered a non-responsible bidder in future bids for services under the City of Hanford Purchasing Policy and Procedures.
3. Any assignment, subletting, or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall cause be for the City to immediately terminate the agreement for default.
4. Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.
RFB 2026-23
Annual Contract for Professional Landscape Maintenance of Coordinate 3 82 5. In the event of termination, Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.
C. RIGHTS AND REMEDIES OF CITY FOR DEFAULT
In the case of default by contractor, and at the option of the City, the City may procure landscape maintenance service from another source, or sources, and may recover the loss occasioned thereby from any unpaid balance due the contractor. The prices paid by the City shall be considered the prevailing market price at the time service is delivered.
D. PERMITS AND LICENSES
Possession of a City of Hanford Business License is not required to submit a bid in response to this invitation. However, contractor and all subcontractors shall be required to possess, at his/her own expense, a valid and current City of Hanford Business License, prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Hanford. For additional information, contact the City of Hanford at (559) 585-2512. No payment on the contract will be made until such license is obtained.
Contractor must possess all required State, Federal, and local licenses as it pertains to the scope of work of this RFB. Awarded Bidder must hold:
o A C-27 Landscape Contractor’s License,
o A Pesticide Applicator’s License (QAL category “B”)
o A valid Department of Industrial Relations (DIR) Registration Number (as mentioned previously)
o A valid City of Hanford Business License (as mentioned above) o Awarded Bidder must also obtain a valid City issued encroachment permit to work in City Right of Way
05-02 Copper Valley
N
93-01 Vintage Estates
N
18-01 Bella Vista/Bonterra
Park
Basin
N
20-01 Woodside Homes/Ella Garden
N
Basin
Park
21-01 SJV Homes
Park
N
D-1 Coordinate 3 Locations and Sq. Ft.
Coordinate 3
Fund District Location Sq Ft
268 05-02 Copper Valley 44,126
247 93-01 Vintage Estates 16,980
278 18-01 Bella Vista Park 95,995
278 18-01 Bella Vista/Bonterra 13,505
278 18-01 Bella Vista/Bonterra 30,143
278 18-01 Bella Vista/Bonterra 45,358
281 20-01 Woodside II 54,550
281 20-01 Woodside II Park 88,862
281 20-01B Woodside II 16,295
282 21-01 SJV Homes Tract 928 243,390
Sq. FT. 649,204
Acres 14.90
COORDINATE THREE:
05-02 COPPER VALLEY (Fargo Ave/12th Ave/Sangiovese St)
Area = 44,126 Sq. Ft. Turf, trees, shrubs, accent plants, ivy on wall; two entryway medians with trees, accent plants; meandering and straight sidewalks; automatic spray-type irrigation.
93-01 VINTAGE ESTATES (N. 12th Ave)
Area = 16,980 Sq. Ft. Turf, accent plants, ground covers, vines, shrubs, trees; automatic spray-type irrigation system; straight sidewalk
18-01 BELLA VISTA/BONTERRA (Centennial Dr/Sangiovese St) Total Area =
185,001 Sq. Ft.
Area 1: Subdivision Frontage Centennial Dr., Fargo Ave, Devon St (89,006 Sq. Ft.)
Trees, shrubs, accent plants; meandering sidewalk, automatic bubbler irrigation.
Area 2: Subdivision Neighborhood Park (95,995 Sq. Ft.)
Turf, trees, shrubs, accent plants, meandering and straight sidewalks, automatic irrigation, rotor type heads, tree bubblers and drip irrigation.
20-01 Woodside II (13th Ave/Devon St)
Total Area =
159,707 Sq. Ft.
Area 1: Subdivision Frontage 13th Ave, Devon St (70,845 Sq. Ft.) Trees, shrubs, accent plants; meandering sidewalk, automatic bubbler irrigation.
Area 2: Subdivision Neighborhood Park (88,862 Sq. Ft.)
Turf, trees, shrubs, accent plants, meandering and straight sidewalks, automatic irrigation, rotor type heads, tree bubblers and drip irrigation.
21-01 SJV HOMES (Fargo Ave/Centennial Dr/Sangiovese St) Total Area =
243,390 Sq. Ft.
Area 1: Subdivision Frontage Centennial Dr., Fargo Ave, Sangiovese St (130,134 Sq. Ft.)
Trees, shrubs, accent plants; meandering sidewalk, automatic bubbler irrigation.
Area 2: Subdivision Neighborhood Park (113,256 Sq. Ft.) Turf, trees, shrubs, accent plants, meandering and straight sidewalks, automatic irrigation, rotor type heads, tree bubblers and drip irrigation.
Contract:
Controller Location:
Controller#:
Controller Mfg:
Number of Stations:
I Date Water Schedule Modified:
Hydrometer/Flow Sensor:
Moisture Sensors:
Booster Pumps:
Current Watering Regulations Stage:
Watering Window: am/pm
Station Description Number
1 2
3 4
5 6
7 8
9 10
11 12
am/pm
Water Schedule
Program Program A
Watering Days SMTWTFS
Start Times 1 am/pm
2 am/pm
3 am/pm
4 am/pm
5 am/pm
Seasonal Adjust %
Cycle Soak Run Time Time Time
Monthly Season Adjust
January %
February %
March %
April %
May %
June %
July %
August %
September %
October %
November %
December %
Program B Program C Proaram D
SMTWTFS SMTWTFS SMTWTFS
1 am/pm 1 am/pm 1 am/pm
2 am/pm 2 am/pm 2 am/pm
3 am/pm 3 am/pm 3 am/pm
4 am/pm 4 am/pm 4 am/pm
5 am/pm 5 am/pm 5 am/pm
% % %
Run Time Run Time Run Time
LAD FUND-DISTRICT 1 2 3 4 5 6 7 OA DATE PAY
90-01 240 - Pinecastle Estates
92-01 245 - Portofino (Level E)
94-01 249 - Gateway Estates (Level E)
249 - Gateway Basin Frontage (Level E)
97-02 253 - Summerfield (Level E)
98-01 255 - Crystal Springs
04-04 266 - Sierra Heights
266 - Sierra Heights Basin Frontage
05-01 267 - Mission Park
267 - Mission Park Basin Frontage
14-01 275 - The Greens II (Level B)
H High Quality/Pay
S Satisfactory Quality/Pay
P Poor Quality/Do Not Pay
1. Turfgrass Condition
2. Tree Condition
3. Shrubs/Ground Covers
4. Irrigation
5. Litter/Trash
6. Weed Control
7. Walks/Curb
OA Overall Appearance
LANDSCAPE ASSESSMENT DISTRICT INSPECTION FORM
CONTRACT COMPLIANCE SCORE SHEET
QUADRANT ONE
ITEMS INSPECTED
Contractor's Name, Applicator's Name, and
Certification Number
Application
Date* Location
Brand or
Product Name
EPA Registration
Number
Total Amount
Applied
Additional Notes:
*Date should include month, day and year
Monthly Pesticide Report
LANDSCAPE ASSESSMENT DISTRICT MAINTENANCE STANDARDS
Item Inspected Grade Description
1. Turfgrass Condition High Quality/Pay H Green and healthy appearance, neatly mowed and edged Satisfactory Quality/Pay S Mowed recently and reasonable quality job needing minor improvement Poor Quality/Do Not Pay P Not mowed per contract schedule, missed mowing and edging, many weeds and major brown areas, noticeably not edged since last visit, spent clippings
2. Tree Condition High Quality/Pay H Trees straight and properly staked if applicable, healthy with no pedestrian or vehicle encroachment
Satisfactory Quality/Pay S Trees in reasonable condition, may need canopy raising within next few weeks, minor restaking or support needed
Poor Quality/Do Not Pay P Dead trees needing removal, trees being damaged by weed eater or mowing practices, obvious pedestrian or vehicle obstructions needing immediate attention, trees leaning and vulnerable due to lack of support
3. Shrubs/Ground Covers High Quality/Pay H Clean, healthy, hedged at proper height, trimming not needed Satisfactory Quality/Pay S Overall okay but trimming should be scheduled within next few weeks Poor Quality/Do Not Pay P Obvious overgrowth, hedges well beyond specified height, sidewalk encroachment creating pedestrian interference, numerous dead shrubs needing removal
4. Irrigation High Quality/Pay H System operating normally, controlled, properly timed with appropriate run times and start times, appropriate moisture applied with no standing water
Satisfactory Quality/Pay S System operating normally, controller may need minor adjustment, minor standing water usually evaporating a few hours after cycle has ended, may have minor head replacement or realignment needed
Poor Quality/Do Not Pay P Major over or under irrigation occurring, total system failure, many broken or plugged heads, several heads misaligned and not irrigating target area
5. Litter/Trash High Quality/Pay H All areas clean of trash, limbs and leaf litter, no grass clippings visible Satisfactory Quality/Pay S Minor trash and leaf litter present but not highly visible, may require cleaning next visit but okay at this point, minor grass clippings present but not highly visible Poor Quality/Do Not Pay P Trash more than one visit old, limbs and leaf litter build-up highly noticeable, excessive grass clippings and leaf litter blown into beds
6. Weed Control High Quality/Pay H Planter beds and turf areas free of weed growth Satisfactory Quality/Pay S Planter beds or turf areas have newly germinated weed growth requiring attention Poor Quality/Do Not Pay P Some mature weeds present and highly noticeable, noticeable neglect, infestation of nutgrass, weed growth only being weed whipped, lack of control measures obvious
7. Walks/Curb High Quality/Pay H Clean, nice edge, no debris from maintenance activities present Satisfactory Quality/Pay S Fairly clean, minor dirt present but not related to maintenance activities Poor Quality/Do Not Pay P Dirty, obvious litter, debris and dirt left from maintenance activity
Overall Appearance High Quality/Pay H Most areas being maintained in the highest standards Satisfactory Quality/Pay S Most areas being maintained but minor maintenance issues becoming more visible and require additional attention during next maintenance visit
Poor Quality/Do Not Pay P One or more areas showing improper poor quality due to contractor technique and/or poor scheduling, expected strong criticism from public regarding conditions; if contractor has been warned of poor quality on previous reports, payment will be withheld until such time as the contractor complies with minimum satisfactory levels.
New Levels of Service
LEVELS OF SERVICE
The City of Hanford prefers the highest level of service for all areas of the Quadrant. Most areas in all Quadrants have funding that can support the highest level of service. However, there are rare instances when the available funding in a particular area of a Quadrant will require the City to reduce the costs for that area by reducing the level of service (frequency of service) for that area.
Therefore, the City of Hanford reserves the right to assign a service level of less frequency (Level B or Level C Service) to specific areas of a Quadrant when City deems necessary.
The City will provide the Contractor with 30 days advance written notice listing the area and square footages for which service shall be reduced and the effective day of service reduction. City will also automatically reduce the contract payment amount for those specific areas according to the table below which shows the reduction for Level B and Level C.
Service
Level
Frequency of Service Number of
Services
Annually
Percentage by
which Contractor’s
price will be
reduced
A Once per week intervals 52 -
B Two-week intervals 26 25%
C Once per month intervals 12 33%
Downward Payment Adjustment Example
A. CITY’S RIGHT TO WITHHOLD CERTAIN AMOUNTS
The City may withhold a sufficient amount of any payment otherwise due to the contractor to cover:
• Payments that may be past due and payable for just claims for labor or materials furnished in and about the performance of the work under this contract and as a result of contractor’s failure to properly make payments to its subcontractors or suppliers. • Claims filed or reasonable evidence indicating the probable filing of claims. The City shall disburse and shall have the right to act as agent for the contractor in disbursing such funds as have been withheld pursuant to this subsection, to the party or parties who are entitled to payment therefrom. The City will render to the contractor a proper accounting of all such funds disbursed on behalf of the contractor.
• Work required in the specifications which is not performed or is incomplete or for defective work not remedied.
• When Contractor is out of compliance with the requirements of the maintenance agreement, an appropriate downward adjustment in contractor’s payment shall be made. Downward adjustments will be made for incomplete and /or unsatisfactory work or non-performance based on a percentage of the estimated cost to the City for each area maintained by the Contractor. See tables below which list the cost adjustment percentage. The Area Cost Estimate used by the City will be the square footage descriptions contained in Exhibit D-1 (or as that document is amended if additional areas are added during the term of the Agreement) and then adjusted based on the Unit Price provided by the successful bidder.
Areas with Planters and Turf:
Area Cost
Estimate
Trash/Debris Turf Planters Trees Irrigation Weed
Control
10% 15% 20% 15% 15% 25%
Areas with only Planters:
Area Cost Estimate Trash/Debris Ground
Cover
and
Shrubs
Trees Irrigation Weed Control
10% 25% 25% 15% 25%
• If an inspection by City indicates an area is out of compliance, the City shall:
o Notify the Contractor in writing of the area that the inspection showed was incomplete or unsatisfactory,
o Describe the reason why the inspection listed the area as incomplete or unsatisfactory, o List the amount that the City will withhold if the area is not brought into compliance, and
o List a date that re-inspection by the City shall occur. • If the area is not brought into compliance by the re-inspection date or the matter otherwise resolved, the City shall withhold the stated amount for the incomplete and/or unsatisfactory work from the next payment processed by the City.
• If the corrections are not made by the Contractor, the City may, in the sole discretion of the City, have the out of compliance area brought into compliance by City forces or by a third party and charge the expense to the Contractor in lieu of a payment adjustment.
Downward Payment Adjustment Example
• The City reserves the right to assess a $100 liquidated damage assessment per incident over and above the cost to correct the unsatisfactory condition for failure to perform any part of the work covered in this contract. Because it is difficult to estimate the potential costs to the City in responding to resident complaints over such conditions, $100 is set as a reasonable estimate of potential costs to the City in responding to a failure by the Contractor.
RFB No. 2026-23
ANNUAL CONTRACT FOR PROFESSIONAL
LANDSCAPE MAINTENANCE OF COORDINATE 3
Release Date: April 22, 2026
RFB 2026-23
Annual Contract for Professional Landscape Maintenance of Coordinate 3 2 INDEX
CONTRACT DOCUMENTS
PAGE NO.
Notice to Contractors 5
Bid Requirements and Conditions 7
1. Proposal Forms 7
2. Examination of Plans, Specifications, Special Provisions, and Site of Work 7
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
17. Protest/Appeals 12
Bidders Checklist 14
Bid Proposal 15
Bid Schedule 17
Bid Guaranty Bond 18
Certification of Bidder′s Experience & Qualifications 20 Bidder′s List 21
Designation of Subcontractors 22
Non-Collusion Declaration 23
Workers’ Compensation Insurance Certificate 24
Equal Employment Opportunity Compliance Certificate 25
RFB 2026-23
Annual Contract for Professional Landscape Maintenance of Coordinate 3 3 PAGE NO.
Americans with Disabilities Act Compliance Certificate 26 Ownership Disclosure for Contractors and Subcontractors 27 Drug-Free Workplace Certification 28
Iran Contracting Act Certification 29
Award and Execution of Contract 30
1. Award of Contract 30
2. Contract Bonds 30
3. Execution of Contract 31
4. Failure to Execute Contract 31
5. Return of Proposal Guaranties 31
6. Insurance Requirements 31
7. Minimum Scope of Insurance 31
8. Minimum Limits of Insurance 32
9. Deductibles & Self-Insured Retentions 33
10. Other Insurance Provisions Endorsements 33
11. Acceptability of Insurers 34
12. Verification of Coverage 34
13. Subcontractors 34
14. City Indemnification 35
15. Compliance with Laws 35
16. Licenses 35
17. Assignment and Subcontracting 35
18. Sole and Only Contract 36
19. Invalidity 36
20. Amendment 36
21. Governing Law 36
22. Waiver 36
23. Authority to Enter Contract 36
24. Notice 36
Labor Compliance Program and Labor and Other Code Requirements Certificate 37
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 4 PAGE NO.
Agreement 47
Performance Bond 50
Labor and Materials Bond 52
Russia Sanctions Executive Order N-6-22 54
Equal Opportunity 54
Subletting or Assigning the Contract 56
Safety: Accident Prevention 57
SPECIAL PROVISIONS 58
Section 1 Definitions and Conflicts 59
Section 2 General Requirements 60
EXHIBITS ATTACHED SEPARATELY
A- Map of Locations
B- Listing of Locations and Square Footages
C- Coordinate 3 Location Descriptions
D- Measurement & Payment Forms
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 5 NOTICE TO CONTRACTORS
Bid Submissions will be received through Bidnet Direct’s California Purchasing Group website below until 2:00 p.m. on Wednesday, May 20, 2026, at which time they will be publicly opened digitally and posted for performing work in accordance with Plans and Specifications, therefore, as follows:
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ANNUAL CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE OF COORDINATE 3 Bids are required for the entire work as described herein:
Furnish all necessary labor, materials, and equipment per these specifications to provide landscape maintenance of an area identified as Coordinate 3. Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein.
Landscape Maintenance for the City of Hanford must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.
This contract is for the maintenance of approximately 649,204 sq. ft (14.90 acres). Refer to Exhibits B and C of this RFB for square footage and location details. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for two (2) consecutive one-year periods. Award will be made to the lowest bidder whose proposal is deemed both responsive and responsible and meets the requirements and criteria set forth in this RFB.
There will be a non-mandatory pre-bid job walk at City Hall- 315 N. Douty Street, Hanford, CA 93230 at 10:00 a.m. on Wednesday, May 6, 2026.
Mandatory licensing requirements include: a C-27 Landscape Contractor’s License, a Pesticide Applicator’s License (QAL category “B”), a valid Department of Industrial Relations (DIR) Registration Number, and a valid City of Hanford Business License.
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 Wednesday, May 13, 2026.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 6 Local Vendor Preference: In an effort to encourage local businesses to provide goods and services to the City, the Council has enacted a Local Vendor Preference policy. The Local Vendor Preference policy will apply to any business that has a fixed business address within Hanford City limits. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of the City of Hanford address.
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 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 religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in consideration for an award.
This public works 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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Annual Contract for Professional Landscape Maintenance of Coordinate 3 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 Clean Cut Landscape Management Inc.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 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 cashier'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 Certificate 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. 10th 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
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 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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Annual Contract for Professional Landscape Maintenance of Coordinate 3 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 disputes 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 Gworker 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 any 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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Annual Contract for Professional Landscape Maintenance of Coordinate 3 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 equal 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, fringe benefits), daily and weekly number of hours worked, deductions made, and actual wages paid.
The prime Contractor shall be responsible for ensuring that the labor standards provisions are followed by its subcontractors and shall be responsible for the Labor Code violations of its subcontractors.
The City, through its Labor Compliance Officer or 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 the project shall provide their DIR registration numbers for verification of coverage and notification of the project. Contractors and subcontractors must submit certified payroll records to the Labor Commissioner using the DIR’s electronic certified payroll reporting (eCPR) system.
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 day 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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Annual Contract for Professional Landscape Maintenance of Coordinate 3 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 emailed 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.
17. Protest/Appeals
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply regarding appeals:
• Any Bidder who is allegedly aggrieved in connection with the solicitation or award of a contract may protest. Bidders are to be advised that protests of the process, terms, conditions or any other aspect of the RFB, must be made prior to the bid due date. Bidders may not protest the contents or the specifications of the bid nor the award based on the use of the Local Vendor Preference. Protests must be transmitted by facsimile, email or by mail to the attention of the City Purchasing Agent.
Protest of the award must be made immediately, and in no event later than five (5) working days after the Bid award has been publicized. All protests must include the following information:
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 13 1. The name, address, telephone number and email address of the protestor.
2. The signature of the protestor or protestor's representative.
3. The bid, solicitation or proposal number.
4. A detailed statement of the legal and/or factual grounds of the protest and all documentation supporting the Bidder’s position at the time of the initial protest.
5. The form of relief requested (if applicable).
6. The Purchasing Manager or designee shall respond in writing within five working days to the protestor. If the protestor wishes to appeal the decision rendered by the Purchasing Agent, such appeal must be made in writing to the City Manager within five (5) working days of the Purchasing Agent's response.
Karry Wendel, President
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 47 (DO NOT DETACH)
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 and Payment Bonds, 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:
ANNUAL CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE OF COORDINATE 3 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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Annual Contract for Professional Landscape Maintenance of Coordinate 3 48 (DO NOT DETACH)
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, and 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 signing 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 comply with any of its obligations or responsibilities contained in this agreement; excluding, however, such liability, claims, losses, damages or expenses arising from City’s sole or active negligence or willful acts. This duty to indemnify, defend, and hold harmless shall survive the termination of this agreement.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 49 (DO NOT DETACH)
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 Chris Tavarez, 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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Annual Contract for Professional Landscape Maintenance of Coordinate 3 50 (DO NOT DETACH)
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 ANNUAL CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE OF COORDINATE 3 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, 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 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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Annual Contract for Professional Landscape Maintenance of Coordinate 3 51 (DO NOT DETACH)
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 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 _________________________________________
_____________________________________________
Title
____________________________________________
Surety
By ________________________________________
____________________________________________
____________________________________________
Address of Surety
____________________________________________
Phone Number of Surety
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 52 (DO NOT DETACH)
BOND NO. ______________________________
LABOR AND MATERIALS 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: __________________________________________ ____________________________________________________________________________________________ Hereinafter designated as the ″Principal,″ a contract for:
ANNUAL CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE OF COORDINATE 3 WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal or any of his or its subcontractors shall fail to pay for any materials, provisions, provender, or other supplies or terms used in, upon or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW THEREFORE, we, _______________________________________________________________________ ___________________________________________________________________________ as Principal, and
____________________________________________________________________________________________ as Surety, are held and firmly bound unto the City of Hanford, California hereinafter called the ″Owner,″ to the penal sum of ______________________________________________________________________________ Dollars ($__________________) lawful money of the United States of America for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons named in Section 3181 of the Civil Code, or amounts due under Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code with respect to such work and labor as required by Sections 3247 et seq. of the Civil Code of California, then said Surety will pay the same, in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney′s fees, as shall be fixed by the court, awarded and taxed as in the abovementioned statues provided.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 53 FURTHER, the said Surety for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or of the work to be performed hereunder shall in any way affect it obligations on this bond, and it does hereby waive notice of any such change, extensions 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 the Principal and Surety herein named on the ______ day of _________________, 20___, the name and corporate seal of each corporate part being hereto 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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Annual Contract for Professional Landscape Maintenance of Coordinate 3 54 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/wpcontent/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-andcountry-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; layoffs 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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Annual Contract for Professional Landscape Maintenance of Coordinate 3 55 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 the 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 provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
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 selection and retention of subcontractors including procurements of materials and leases of equipment.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 56 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 Contractor 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 contract 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 services) as the City contracting officer determines is necessary to ensure the performance of the contract.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 57 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 other 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 surroundings 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 to 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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Annual Contract for Professional Landscape Maintenance of Coordinate 3 58 SPECIAL PROVISIONS
FOR
ANNUAL CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE OF COORDINATE 3
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 59 SECTION 1 – DEFINITIONS AND CONFLICTS
DEFINITIONS
Inspector: The Deputy Public Works Director 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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Annual Contract for Professional Landscape Maintenance of Coordinate 3 60 SECTION 2 – GENERAL REQUIREMENTS
GENERAL
The requirements of this section govern the execution of all sections of the specifications.
A. STANDARD REQUIREMENTS AND LEVEL OF SERVICE
Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Hanford must be "priority work" for the successful contractor.
Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.
LEVELS OF SERVICE
The City of Hanford prefers the highest level of service for all areas of the Coordinate. Most areas in all Coordinates have funding that can support the highest level of service. However, there are rare instances when the available funding in a particular area of a Coordinate will require the City to reduce the costs for that area by reducing the level of service (frequency of service) for that area.
Therefore, the City of Hanford reserves the right to assign a service level of less frequency (Level B or Level C Service) to specific areas of a Coordinate when City deems necessary.
The City will provide the Contractor with 30 days advance written notice listing the area and square footages for which service shall be reduced and the effective day of service reduction. City will also automatically reduce the contract payment amount for those specific areas according to the table below which shows the reduction for Level B and Level C.
Service
Level
Frequency of Service Number
of
Services
Annually
Percentage by
which Contractor’s
price will be
reduced
A Once per week intervals 52 -
B Two-week intervals 26 25%
C Once per month intervals 12 33%
1. Standards. Contractor must perform services in a manner commensurate with the highest quality professional standards of the landscape maintenance profession, using qualified and experienced personnel and high-quality equipment and materials.
The specifications and standards must be met by Contractor at all times regardless of Contractor’s employees’ absence or established staffing pattern and levels.
2. Working Day. The contractor's activities must be confined to the hours between 6:00 a.m. PST and 6:00 p.m. PST, Monday through Friday, excluding holidays. Deviation from these hours will
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 61 not be permitted without the prior written consent of the City, except in emergencies involving immediate hazard to persons or property.
• No normal and routine maintenance operations that cause excessive noise shall be performed before 7:00 a.m.
Contractor shall comply with the City of Hanford’s Municipal Code, Title 9 Public Peace, Morals, and Welfare, Chapter 9.10 Noises Prohibited. The City of Hanford Municipal Code can be found at www.ci.hanford.ca.us.
3. Company Identification.
• All employees must wear uniforms or other identifying clothing, to make it clear to all observers that they are employed by the contractor.
• All vehicles (trucks, etc.) used in the course of fulfilling this contract shall have appropriate company identification, visible to all observers, to identify vehicles as being owned by the contractor.
4. Professional Conduct. Contractor and contractor’s employees must conduct themselves professionally at all times in public and when dealing with City staff and/or Hanford citizens. This will include but not be limited to refraining from using profane or vulgar language in public areas while performing work under this agreement. Contractor and contractor’s employees will also afford residents and citizens the utmost courtesy and respect at all times.
5. Property Owner Concerns. Contractor must make every attempt to satisfactorily address concerns and issues presented by residents of the district. As soon as the contractor is aware of a resident concern either directly or indirectly, the contractor shall immediately inform the Project Manager of the concern (including the resident’s name and phone number if possible), and what action was taken or will be taken by the contractor to address the concern.
Failure of the Contractor to abide by these terms and meet addressed concerns of the Coordinate’s residents will result in a $100 liquidated damages assessment or contract termination. The amount of damages for these types of issues is difficult to estimate; therefore a $100 liquidated damages assessment (per incident) shall represent costs incurred by the City in responding to complaints concerning the Contractor.
6. Mowing All Turf areas covered by this contract shall be mowed at the intervals established by the Level of Service assigned to the area (Level A, Level B or Level C Service).
7. Watering. Irrigation systems must be maintained, repaired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle.
Contractor shall follow the City’s and State’s water regulations. There will be a liquidated damage assessment of $100 per incident or termination of contract if multiple or gross violations occur in recognition of the importance of water conservation. The amount of damage for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to complaints concerning the Contractor.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 62 8. Signage. All regulatory park, street, and traffic signs, city information signs, botanical garden signs, donation monuments or stones, individual plant placards, etc., must be kept clean and clear of plant materials, dirt and dust, graffiti, and animal and bird excrements.
9. Chemicals. The City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contract and in case of changes after award of contract at least thirty (30) days prior to usage by Contractor for any chemicals while performing this contract.
Materials shall be non-staining, non-corrosive, and shall not leave a flammable residue. Contractor shall not use pesticides in Category 1 (no chemicals with LD50 levels lower than 500 mg/km). These would include, but not be limited to, several organophosphate and carbamate possessing high mammalian toxicity due to their intense anticholinesterase activity.
Pesticides in Category II may be used with the authorization of the Project Manager.
Contractor shall, as part of the required monthly report to the City, prepare a Chemical Use and Proposed Work Report to indicate in writing the amount, type, and location of all chemicals used. If no chemicals are used, then the report must still be submitted indicating to the City that no chemicals were used.
10. Fertilizer. Short release fertilizer: Only commercial fertilizer containing ten percent (10%) or more nitrogen (N), available phosphoric acid (P205) or eight percent (8%) soluble potash (K2O), singly or collectively may be used. Generally, 16-6-8 would be nitrogen coming from an ammonic or nitrogen source. A slow-release fertilizer shall have at least half of the nitrogen coming from a coated slowrelease nitrogen source.
Fertilization will be on an as needed basis. Project Manager will request a quote for cost of additional services from time to time when services are needed.
11.Clean-up. All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as bottles, cans, trash and paper, to include dumping trash receptacles within pocket and neighborhood parks. All trash and debris are to be removed and disposed of at intervals established by the Level of Service assigned to the area and at the contractor’s expense.
12. Emergency Response. Contractor must be able to respond immediately to emergencies.
Emergencies are generally construed as those events that in the opinion of City staff constitute an immediate danger or hazard to property or persons, or that significantly violate water conservation requirements. If the emergency condition is identified and the contractor is notified (either through discovery or by contact from City personnel) during normal work hours, the contractor must respond to the emergency within two hours unless otherwise specified. If discovery or notification occurs after normal working hours, the contractor must respond by 10am on the following working day.
Contractor must provide some acceptable method by which contact can be made in case of emergency, i.e., paging system, cell phone, etc. and shall also provide a method by which nonemergency messages can be received during the workday, i.e., phone messages, email, etc.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 63 13. Reporting and Inspections
Status Reports
a. A written report is to be prepared by the Contractor and given to the Project Manager monthly. The report shall include a description of unusual circumstances, locations of any homeless encampments that are found in areas being maintained by the Contractor, lighting that is inoperable, major irrigation breaks, safety hazards, etc. For emergencies and safety hazards, the Project Manager is to be called immediately. Failure to provide a report may result in a $100 penalty per incident or termination of contract if multiple incidents are noted. The reports are important especially if they are safety hazards. Amount of damages for these types of issues are difficult to estimate. Therefore, $100 per incident shall represent costs incurred by the City in responding to complaints concerning the Contractor.
b. The Contractor must schedule a meeting with the Project Manager no less than once per month to review the work site to ensure compliance with the contract specifications and standards. At this meeting, Contractor or Contractor’s supervisor shall sign the meeting attendance and inspection reports prepared by the City, provide all chemical use and proposed use reports, irrigation inspection and schedule changes, and usage and/or proposed fertilizer usage reports and discuss major accomplishments for the previous month, notable problems, schedule changes and goals and deadlines for the coming month. The Project Manager shall discuss areas out of compliance and options to bring areas back into compliance with contractor.
Project Manager shall discuss any penalties with the Contractor and/or intensions to withhold payment of invoices. Project Manager shall document these meetings. Failure to attend these meetings may be cause for a $100 penalty per incident or termination of contract if Contractor has failed to meet with City staff after multiple attempts to discuss gross breaches of duty. c. The Project Manager shall report any maintenance deficiencies to Contractor.
Contractor must correct any deficiencies at Contractor’s cost within five (5) working days of written notification. Unusual horticultural problems such as pests, disease, and damages that are beyond the scope of Contractor’s responsibility shall be brought to the attention of Project Manager.
d. A Chemical Use and Proposed Work Report must be completed for each chemical application and proposed application. These reports shall be submitted each month during contractor’s monthly meeting with City’s Project Manager. Failure to submit reports may delay the City’s payment to Contractor and be cause for a liquidated damage assessment of $100 per incident. The amount of damage and costs to the City for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to incidents where the City was unsure of what chemicals were applied by the Contractor. The Contractor is responsible for submitting chemical usage reports to the County Agricultural Department. Copies are to be sent to the Project Manager as part of the Contractor’s monthly report.
e. Monthly Irrigation Inspection reports (described below), irrigation schedule changes, and contractor signed landscape inspections from the City must be submitted with monthly invoice before payment will be made. Failure to submit all reports may delay the City’s payment to Contractor.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 64 B. LANDSCAPE MAINTENANCE – SPECIFICATIONS
1. Irrigation. Irrigation must be done with the use of automatic or manual sprinkler systems where available and operable, unless outlined in the initial acceptance inspections for repairs. These areas will be addressed with Contractor during initial inspection and noted for regular monthly inspections. Failure of an existing system to provide full and adequate coverage after Contractor signs Notice of Acceptance shall not relieve the contractor of the responsibility to provide proper coverage of all areas. Providing any supplementary hoses, sprinklers, nozzles, etc. necessary to accomplish proper coverage shall be the contractor's responsibility. Exclusions will be identified in description of areas and will be addressed with Contractor during initial inspection. Original brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas.
Contractor is responsible for all repairs to the irrigation system starting at the City side of the water meter, with the exception of the repair/replacement of the irrigation controller, testing of the back flow and repair/replacement of the backflow. a. Maintenance. At all times, Contractor must maintain all sprinkler systems in such a way as to give proper coverage and full working capacity, making whatever adjustments or repairs necessary to maintain healthy turf, plant growth, prevent dry spots in turf, plants, and shrubs, and prevent excessive run-off into streets or other areas not intended to be irrigated. Care must be taken to prevent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.
The contractor shall keep controllers and valve boxes free of dirt and debris; repair, replace, clean, adjust, straighten, raise, or lower the following sprinkler system components:
• Sprinkler heads
• Sprinkler risers
• Bubblers
• Drip hose
• Quick coupler valve boxes
• Hose bib boxes
• Remote control valves
• Remote control valve boxes and covers
• Maintain and replace batteries in battery operated controllers on a continual basis
• All irrigation wiring should be maintained to City standards including proper splices using DBR/Y-6 splice kits
• Proper solenoid/decoder replacement should be completed with dry and tight connections
• Minor graffiti removal from irrigation controllers
• Controllers to be kept free of all plant materials, spiders and webs, and any other material that could cause the controller to be non-accessible or damaging to the controller
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 65 If contractor fails to keep sprinkler nozzles properly adjusted/aligned to prevent water waste, repair or replace malfunctioning, broken or missing sprinkler heads and/or sprinkler head risers and water waste results, the City of Hanford reserves the right to bill contractor for excess amount of water in addition to assessing a liquidated damage assessment of $100 per incident. Because It is difficult to estimate the potential losses in water and the costs for City response time to complaints from residents, $100 has been established as a reasonable assessment.
The Contractor shall prepare a written Irrigation Inspection Report (a report template has been included with this RFB, as a sample for Contractor). The report shall describe any irrigation schedule changes, malfunctions, and necessary repairs. The Irrigation Inspection Report must be submitted with monthly invoice before payment will be made. b. Inspection. The contractor must inspect all irrigation systems for any malfunction on an interval established by Level of Service assigned for the area. This must be accomplished by utilizing a remote-control receiver or placing the controller in test mode and visually inspecting sprinkler operation. This includes, but is not limited to breaks in irrigation lines, irrigation valves, heads, leaks and washouts, saturated areas or dry spots. Contractor must notify Project Manager within twenty-four (24) hours of any malfunctions. Failure to provide notice to the Project Manager may be cause for liquidated damage assessments of $100 per incident or termination of contract.
Because It is difficult to estimate the potential losses in water and the costs for City response time to investigate complaints from residents, $100 has been established as a reasonable assessment.
Contractor is to track all irrigation locations where plants are missing and maintain irrigation heads until plants are replaced.
Excessive water run off or overflow onto hard surface areas must be kept to an absolute minimum so as not to cause waste of water, pedestrian and/or vehicular liabilities. Problems reported to Project Manager or designated representative will be repaired within twenty-four (24) hours. Failure to complete repair or notify Project Manager of any delay to repairs may be cause for liquidated damage assessment of $100 per incident or termination of contract if multiple breaches occur.
Water leaks or stations must be turned off within two hours (2 hrs.) on the day reported to save water. Repairs must be made within twenty-four (24) hours or sooner if City classifies the necessary repairs as requiring an Emergency Response as stated in this Agreement. Twenty-four (24) hour fixit notices will be sent to contractor via email.
Failure to comply may result in liquidated damage assessments to the Contractor of $100 per incident, unless the Project Manager is contacted, and an agreed time frame modification is made between the contractor and the Project Manager in writing.
Approximately sixty (60) days prior to the conclusion of the contract, a comprehensive test of all irrigation systems shall be made by a Public Works Department representative. Any repairs deemed the contractor's responsibility must be made by the contractor prior to the end of the contract period.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 66 If the repairs made are not to the Project Manager's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies determined by the Project Manager.
c. Repairs. Irrigation systems which are damaged by vandalism or in any way as a result of work performed under this contract must be repaired or replaced in kind and in an approved manner by the contractor. Repairs must be made immediately after damage occurs, unless otherwise directed. Vandalism will be documented by the contractor with the use of digital photos or video tape and supplied to the Project Manager as proof of vandalism. The preferred method of transmission of photos would be digital photos transmitted via email. Failure to provide such documentation may be cause for no reimbursement of corrective expenses to Contractor.
The contractor shall keep an itemized list of material(s) used to repair vandalism damage and submit to Project Manager for reimbursement of the Contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST. • Normal Repairs = Contractor is responsible for all normal repairs (i.e. Main line (including from water service meter to the back flow), irrigation controllers, valves, control wires, decoders, sprinklers, nozzles, lateral lines, etc.) The backflow devices annual maintenance/testing will be the responsibility of the City of Hanford. All normal repairs are the sole responsibility of the contractor except for repairs needed due to vandalism.
Repairs not made within twenty-four (24) hours of notification or not completed to the satisfaction of the Project Manager may be assessed a liquidated damage assessment of $100 per incident.
• Major Repairs = City is responsible for funding major repairs, which include repairs to Booster Pumps or Backflow Devices. All major repairs are the responsibility of the contractor to repair and make operable but must be authorized by Project Manager in writing prior to repairs being made. Hourly rate plus materials for major repairs to be authorized by Project Manager prior to any work being done. Contractor is responsible to report, in writing, any issues with these devices to the Project Manager for authorization to repair or replace.
Failure to complete repairs in the allotted time on a repeated basis will cause the Contractor to have the full costs of repairs deducted from monthly billing and may be grounds for termination of contract. Contractor will be responsible for any fines applicable under state law, public utility billing, or local ordinance, due to continuous running water.
d. Turf Watering. All turf areas must be watered based on 85-95% of daily evapotranspiration rate and need to maintain a uniform, green, healthy growth pattern and promote deep root growth. (If City water restrictions are imposed to conserve water, they will supersede the previous statement). Water shall be applied in short repeat cycles of 3 - 5 minutes each to prevent water running off into street. Care shall be taken not to over water or waterlog any soil. Contractor shall turn off irrigation
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 67 system during the wet season and adjust the controller seasonally. Each time the schedule is changed due to seasons or any other reason, a revised schedule shall be provided to the Project Manager.
Water applications on turf and ground cover areas shall generally be applied between 12:00 a.m. and 6:00 a.m. where possible, to lower the risk of fungus in turf. Drip stations may be operated during daytime hours.
e. Water Schedule. Turf and landscape watering shall be scheduled in accordance with prevailing water conservation requirements, and unless otherwise specified shall be scheduled Tuesday through Sunday. No watering shall be allowed on Monday without prior approval of Project Manager. Irrigation program shall be set up so that no water is applied to turf 48 hours prior to mowing. Overhead systems shall not be operated between 8:00 a.m. and 6:00 p.m.
Contractor will be responsible for any fines associated with not following the City’s Water Conservation Rules and Regulations.
A proposed quarterly schedule of watering shall be provided to the Project Manager one (1) month after award of contract. Each time the schedule is changed a new updated schedule must be provided to the Project Manager. f. Ground Cover. Sufficient amounts of water shall be applied to ground cover areas to maintain a healthy growth pattern and promote deep rooting. Care shall be taken to not over water or waterlog soil.
g. Banks and Slopes. Sloped landscape areas shall be irrigated in short cycles as required to prevent water runoff, and to maintain horticulturally acceptable growth and color. Irrigation practice is to promote deep root growth with a minimum of run-off. h. Shrub and Trees. All shrubs and trees shall be watered as needed to maintain healthy growth and promote deep rooting. Care shall be taken to not over water.
Irrigation rates shall be adjusted according to shrubs or tree types and seasonal weather conditions. Deep watering for root growth is encouraged and surface run-off is to be kept at a minimum.
i. Newly Planted Trees, Shrubs, and Groundcover. All newly planted areas are to receive special attention until plants are established. Adequate water shall be applied to promote normal, healthy growth. Watering basins around newly planted shrubs and trees to be used during establishment period. It is the contractor’s responsibility to contact the City’s Water Utilities Division to get a twenty-one (21) day establishment permit for any additional irrigation that will be needed for newly planted plant materials.
j. Remote Control Receiver. Upon contract commencement, the contractor is required to have a radio-frequency ready remote-control receiver that is compatible with all
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 68 major irrigation systems. It is the responsibility of the contractor to obtain and purchase these devices.
Continuous activation of valves by manual solenoid or bleeding valve stem can be damaging to the fragile irrigation mechanisms. The remote control allows the contractor to inspect the irrigation system effectively by utilizing the technology currently in place.
2. Weed Control.
a. Weed control clarification. For the purpose of this specification, a weed shall be considered to be any undesirable plant or plant growing out of place. • Maintenance shall include the removal and chemical abatement of weeds growing on all paved and unpaved surfaces of all maintenance areas of contract. All landscaping within the specified maintenance areas including lawns, planter areas, median islands, and tree wells shall be kept weed free at all times. • Complete removal of all weed growth is to be accomplished by the Level of Service assigned to the area. Weeds shall be controlled by chemical methods by the contractor.
• Weeds reaching height or width of four inches (4") shall be physically removed from landscaped areas.
• Seedlings growing out of desired landscape plants shall be removed and chemically treated to terminate the growth of the undesirable seedling. b. Use of Chemical Herbicides. The contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and the contractor's employees during chemical weed control operations. The Project Manager may restrict the use of chemical weed control in certain areas. Pesticide Applicators License is required to apply herbicide. Contractor must supply a copy of this license to the Project Manager. Failure to provide documentation of active license may result in a liquidated damage assessment or termination of contract.
Contractor shall take necessary precautions to prevent herbicide drift onto non-target plants.
3. Diseases and Pest Control. The contractor must regularly inspect all landscaped areas for the presence of disease, insect, or rodent infestation. The contractor shall notify the Project Manager within three (3) days of finding such a condition, outlining identification and control measures to be taken. Upon approval of the Project Manager, the contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and contractor's employees.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 69 a. Use of Chemical Pesticides. All rules of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding safe application of pesticides under this contract shall be observed. Pesticide Applicators License-Category B, is required to apply pesticide. Contractor shall take necessary precautions to avoid pesticide drift onto non-target organisms. b. Rodent Mounding. Mound of soil in turf and planter areas caused by rodent activity shall be raked down at the intervals established by the Level of Service assigned to the area, to prevent soil build up in turf and around plants. All curbs, gutters, and other hardscapes adjacent to the maintenance areas will be free of any soil mounds or erosion caused by rodents.
c. Rodent/Pest Control. Contractor must inspect all turf and planter areas for rodent (gopher, squirrel, and other pest) activity, and initiate control measures at the intervals established by the Level of Service assigned to the area. Contractor must fill all rodent holes in areas that are used by walkers and pedestrians for safety (i.e. trails, turf, DG paths, etc.). Contractor shall take necessary precautions and safeguards to protect health of public and employees.
4. Plants. All shrubs and ground cover plants growing in the work area must be pruned once every other month to maintain plants in a healthy growing condition, and to allow for full coverage of the irrigation system. Pruning is to be done in a manner that promotes the plant's natural growth characteristics. If hedging is needed to clear the sidewalk, the plant must be trimmed on all sides to balance growth. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All debris from trimming of plant material will be removed from beds, hauled off, and disposed of immediately and appropriately. Fallen leaf material shall be removed from planter areas and off the plants on a monthly basis to allow for proper growth of the plants.
a. Growth Control. Plant growth shall be kept within reasonable bounds to prevent its encroachment into walks, passageways, and streets. Clear view of traffic signs and intersections is to be maintained at all times.
All shrubs and plant growth in planter areas along walls are to be maintained to a height no greater than four feet (4’) (unless specified by the project manager) and kept from blocking any subdivision, safety signage, and overhead or landscape lighting.
All trees, large and small shrubs, and groundcovers in planters or Right of Way areas along streets and at intersections, must be maintained and trimmed for traffic sightline clearances.
Mature tree canopies must be maintained above eighty-four (84) inches above soil grade for site line visibility. Newly planted, young or non-mature trees, multi-trunk trees, or large shrubs (i.e. Western Redbuds) must also be raised or thinned to maintain site line visibility.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 70 Pruning is to be done in a manner that promotes the plant's natural growth characteristics.
Small shrubs and groundcovers must be kept below thirty (30) inches at road level to allow for visual site of oncoming traffic.
b. Removal. All dead, dying, or damaged plants (including trees under 12” DBH) and any branches must be removed immediately. This debris, including plant growth removed by contractor, shall be removed away from job sites and appropriately disposed of at the intervals established by the Level of Service assigned to the area. Hauling and disposing of said debris must be included in bid price. Dead stems of daylily, agapanthus, and similar plants shall be removed on a monthly frequency. Dead leaves around base of plants shall also be removed on a monthly basis. c. Trees. The contractor is responsible for removal of suckers, limb growth that inhibits site line visibility of any traffic, and all pruning that can be reached with a twelve-foot (12’) pole saw by a person standing on the ground as part of this contract.
All trees are to be maintained in their natural shape, and pruning is to be done in a manner that promotes the trees natural growth characteristics using sharp and proper pruning tools along with the correct pruning techniques to promote and achieve the trees natural growth characteristics and to meet International Society of Arboriculture (I.S.A.) Standards; all cuts shall be made cleanly with no stubs or projections remaining.
No weed whackers or hedging type tools shall be allowed to trim and maintain trees. The use of improper tools and techniques resulting in the negligent and irresponsible care of trees or plants, thus causing damage to trees or plants and resulting in the need for the Project Manager to hire outside services to correct the damage will result in those costs associated with the corrections being deducted from the Contractors monthly invoice along with a $100 liquidated damage assessment per incident or up to termination of the contract.
Canopy clearance above sidewalks, bikeways, and other pathways of 10'0" is to be maintained for pedestrian safety.
All regulatory street and traffic signs must be clear of tree and plant growth at all times for sight clearances.
Clippings must be picked up, hauled away, and disposed of by the Contractor immediately and appropriately.
Leaves in planter areas shall be removed on a monthly basis. In addition, during seasonal drop leaves will need to be removed off of walkways as needed for safety.
Fallen leaf material shall be removed off the plants regularly to allow for proper plant growth.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 71 Newly planted trees that do not have trunk caliber sufficient to support tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.
Until young trees are strong enough to stand alone, they shall be flex-tied between two (2) approved two-inch (2") diameter x eight foot (8') treated tree stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be required in some areas. Tree ties made of extruded vinyl base, 1” wide, and a minimum of .01” thick shall be used to secure the young trees. Tree ties to be inspected often for signs of girdling or abrasion.
Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees located in turf areas.
Trees damaged by maintenance equipment shall be replaced by contractor with like size and species. Contractor is responsible for all costs related to replacement.
Maintenance shall include the removal of dead trees, limbs, and dead leaf material at the intervals established by the Level of Service for that area. Dead trees will need to be replaced per the contract for plant replacement in Item 6 (below) of this scope of work and by the discretion and determination of the Project Manager.
Young or new trees along trails, paths, riparian landscapes, Landscape and Lighting Districts, parkway strips, and pocket parks shall be maintained, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species by the contractor for the first three (3) years of the trees life within the landscape. Stakes must be removed when tree has sufficient strength to support itself. These costs are to be factored into the planter costs. Project Manager will instruct contractor when tree stakes are to be removed. Contractor is responsible for the proper disposal of all pressure treated wooden tree stakes. All metal stakes in good condition must be taken to City of Hanford, Corporation Yard for storage.
The contractor shall notify the Project Manager within twenty-four (24) hours of any tree that shows sign of root heaving, leaning, having hanger limbs, or in some manner constitutes a safety hazard. Failure to notify Project Manager may result in a liquidated damage assessment of $100 per incident to recover the losses to the City for responding to resident complaints of the Contractor noncompliance or termination of contract if multiple breaches or gross violations occur that place residents in danger. d. Shrubs. All shrubs must be trimmed to prevent encroachment onto walks, passageways, streets, curbing, and trails to allow for safe passage of users. Shrubs must be trimmed to allow a clear sightline of oncoming traffic at all Right of Ways and intersections. Shrubs must be cleared away from all regulatory street and traffic signs.
Shrubs in planters must be kept below thirty (30) inches at intersections and turn lanes for sightline of oncoming traffic.
5. Fertilization. Fertilization will be performed on an as needed basis as requested by the Project Manager. Project Manager will request separate pricing for fertilization when it is
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 72 required. A slow-release fertilizer will be applied when fertilizer is requested by Project Manager.
When fertilizer is applied as needed, to maintain healthy and vigorous plants: The City anticipates that primarily nitrogen will be deficient in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth.
Analysis of fertilizer shall be approved by the Project Manager prior to application.
All turf fertilizer shall be watered in thoroughly within two (2) hours of application.
Fertilizer shall be applied uniformly using an appropriate spreader. Prior to beginning a fertilization program, Project Manager shall submit to the Contractor a schedule showing sites to be fertilized. The Contractor shall submit to the Project Manager a schedule showing the dates and approximate times of fertilizer applications. Timing or number of sites fertilized per day or week shall not be set up to preclude normal on-site maintenance work.
Once the Project Manager has requested that fertilization is necessary the Contractor shall notify Project Manager at least ten (10) days before any fertilizer applications. Receipts for the Contractor’s purchase of the approved fertilizer will be required and must be submitted to the Project Manager with monthly invoice.
Note: Subject to approval of the Project Manager, fertilization may be altered by use of slowrelease fertilizers such as Woodace containing IBDU formula.
6. Replacement of Plant Material
a. The contractor must notify the Project Manager within three (3) days of discovery of loss of turf, shrub, ground cover, or tree material due to any cause. b. The contractor must supply all labor and materials to replace any tree, shrub, turf, or ground cover damaged during work by the contractor or lost through the contractor’s faulty maintenance or negligence.
Trees, shrubs, or turf that are damaged or lost through disease, insect infestation, or rodents, that could have been prevented with reasonable ordinary care by the Contractor shall be the responsibility of the Contractor.
Contractor is not responsible for plant loss due to vandalism, theft, vehicle accident, fires, storm, or water restriction in response to drought conditions. Whether or not the loss was due to Contractor faulty maintenance or negligence shall be determined by the Project Manager. The size and species of replacement plant material shall also be determined by the Project Manager but shall be reasonably equal to the plant material that is being replaced.
In regard to trees, where there is a difference between the tree lost and the replacement tree, the difference will be deducted from the contract payment. The value will be determined using the latest American Shade Tree Conference guidelines.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 73 c. Any plant damaged or lost through fires, storms, or water restrictions in response to drought conditions, theft, vehicular damage, or vandalism that are not the responsibility of the Contractor (as determined by the Project Manager), shall be replaced in kind and size at the Project Manager’s direction. The Contractor will perform the work and the City will pay for the Contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST.
From time to time, it may be necessary or desirable to replace some plants to enhance the overall appearance of a site. Any such replacements will be at the Project Manager's decision. The Contractor will perform the work, and the City will pay for the Contractor’s labor at contract rates and cost of replacement materials. All landscape repairs and replanting requested by the City’s Project Manager must be completed according to a date agreed upon in writing between the City Project Manager and Contractor.
The Contractor shall supply itemized labor hours and material cost invoice(s) with monthly invoices in order to be reimbursed for plant replacement.
7. Turf Maintenance
a. Mowing. The turf must be mowed and edged at the intervals established by the Level of Service assigned to the area during its growing season in order to maintain a neat appearance and healthy growth. If weather conditions do not permit regular mowing, longer intervals may be observed by Project Manager with notice from Contractor. • Contractor shall never mow turf when it is in a wet, saturated condition that would cause rutting, tearing or sliding on the turf surface or when it could be unsafe for Contractor’s employees to operate equipment. • All lawn areas in this contract must be mowed with power-propelled reel or rotary-type mowers.
• All mowers must be cleaned prior to each mowing to avoid possible weed invasion.
• Mowers must be adjusted and maintained to provide a smooth, uniform cut with no ridges or depressions.
• Turf must be cut with the size of equipment, which will give a neat appearance without rutting, sliding over, or scalping the turf. This will be strictly adhered to, including cases of steep turf slopes. • Blades must be kept sharp at all times to prevent turf damage. • Mowing patterns must be changed for each mowing service or as often as necessary to avoid rutting.
• Turf must be kept at a uniform height that is recommended for that particular type of turf grass.
• Grass clippings must be removed promptly and disposed of at the Contractor’s expense unless they will dry and drop beneath the growing level of the turf within twenty-four (24) hours.
• Recycling cutting decks that provide an acceptable cut may be used if written approval of Project Manager is obtained prior.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 74 Contractor’s employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. Contractor shall be responsible for repair of damage caused by its mowing or other activities.
Contractor shall take great care around trees. Any trees which have more than fifty percent (50%) of the bark removed in a given three-inch (3”) area of trunk by weed whips or mowers shall be considered destroyed and shall be replaced at the Contractor’s expense with like species and size.
b. Mowing Height. All turf, except Bermuda, must be maintained at a height range between three and one-half inches (3 ½ “) maximum and two and three fourths inches (2 ¾”) minimum.
Fescue height shall not exceed three and one half inches (3 ½”).
Common Bermuda must not exceed two inches (2”) in height.
Mowing shall be performed so that no more than one third (1/3) of the grass blade is removed per frequency in returning the grass to acceptable height for the species being mowed within areas assigned at a level A Service.
All turf areas shall be mowed at the intervals established by the Level of Service assigned to the area on a preset day and route. Any changes to this schedule shall be approved in advance by the Project Manager.
During periods of heavy growth, more than one mowing per week may be required to maintain acceptable appearance within areas assigned at a Level A Service.
All turf areas shall be maintained at a level that will ensure a healthy, green color and uniform growth.
c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on an as needed basis by chemical or manual method when requested by Project Manager.
Chemicals used for control shall be registered for use on Fescue and Bermuda turfs.
A Broadleaf and Crabgrass pre-emergent herbicide shall be applied between midJanuary and March and again between September and Mid-November of every year. Herbicides such as Dimension, Pendulum, or Barricade are recommended during this application period. For post broadleaf weed control Triplet, Trimec, or Triamine will be applied to control Broadleaf and Crabgrass weeds that are currently growing and weather conditions permit the application. Contractor shall provide Project Manager a quote for work prior to work being started and shall not perform work without Project Manager’s approval of quote. Contractor will be required to notify the Project Manager of the application dates and provide a schedule of areas treated as completed.
d. Edging. All turf adjacent to improved surfaces shall be edged a minimum of once every mowing. Unimproved surfaces between turf and planter areas and/or property lines shall be edged a minimum of once per month to maintain turf delineation.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 75 String trimmers, a.k.a. weed eaters, shall not be used around trees. e. Clean-up. All surfaces shall be free of grass clippings and debris including turf, gutters, and street upon completion of mowing and edging operation. It is the responsibility of the Contractor to remove these items immediately and dispose of them appropriately.
f. Turf grass seeding. Turf grass seeding will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. When seed is used, areas shall be top-dressed with humus.
g. Renovation. Renovation will be done on an as-needed basis when requested by Project Manager. Project Manager will furnish square footage and locations for renovation This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started.
Turf renovation to remove accumulated thatch from all sites under this contract must be accomplished by power raking or dethatching rakes on turf (care shall be taken so turf is not damaged).
A schedule of equipment to be used by the Contractor shall be submitted to the Project Manager for approval 10 days prior to beginning work.
Refuse generated by renovating shall be removed not later than the day following the operation.
h. Aerification. Aerification will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. Contractor shall not perform work without Project Manager’s approval of quote.
Project Manager will furnish square footage and locations for aerification.
8. Ground Cover Maintenance & Wall Covering of Ficus Pumila, and All Other Vines. a. All areas planted in ground covers shall be adequately irrigated to maintain vigorous growth.
b. Groundcover beds shall be periodically edged to keep them in their intended space.
Groundcovers shall not be allowed to encroach into sidewalks, lawns, shrub beds, or other areas deemed as undesirable by the Project Manager.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 76 c. Groundcover plantings shall be periodically thinned and pruned for vigorous growth and overall appearance of the site.
d. Groundcovers in median and other Right of Way areas must be trimmed below thirty (30) inches at road/asphalt level for sight clearances for traffic safety. e. Wall covering of Ficus Pumila and other vines, will be trimmed back close to the wall and removed from trees and shrubs, and removed from planter areas as needed.
Wall coverings shall not be allowed to grow over the top of the wall.
9. Hardscape Areas. All patios, curbs, gutters, pathways, sidewalks, parking lots, and other hardscape areas (i.e. Center median island points, roundabouts, etc.) adjacent to and part of the City owned property or Right of Way must be kept free of weeds, debris, leaves, grass clippings, etc. at all times to provide a safe and clean passage for users and to prevent slips and falls.
All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as glass, bottles, cans, trash, paper, and other yard waste. All trash and debris are to be removed and disposed of at the intervals established by the Level of Service and at the contractor’s expense.
10. Vegetation. All vegetation areas must be kept free of weeds, trash, leaves, grass clippings, etc. at all times. The contractor is responsible for removal of suckers, limb growth, and all pruning of trees that can be reached with a twelve-foot (12’) pole saw to a minimum height of eight (8) feet, by a person standing on the ground as part of this contract. Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees. Mowing shall be performed as weed control bi-weekly.
Note: If and when using a blower or other power equipment, Contractor shall comply with the City’s Municipal Code 9.10.060 Noises Prohibited - Blowers, Mowers, Trimmers, and Similar Devices. In or in proximity to residential or noise sensitive areas, between the hours of 8:00 p.m. and 7:00 a.m., the operation of any noise-creating blower, mower, trimmer, power fan, or any battery/electrical-powered or internal-combustion-powered equipment, provided that the noise can be heard across the property line of the property from which it emanates.
Refer to Exhibits B and C for square footages and locations.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 77 GENERAL CONDITIONS
A. CONTRACTING AGENCY
The contract resulting from this Invitation to Bid will be administered by the City of Hanford Parks Maintenance Department. However, the City Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions, or scope of the contract.
B. TERM OF CONTRACT
The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for two (2) consecutive one-year periods. Contract shall begin on the first of the month immediately following the written Notice to Proceed or as scheduled between City Project Manager and Contractor.
The City will be presumed to request renewal unless the City delivers a thirty (30) day written notice of non-renewal to the Contractor prior to the renewal date.
If Contractor decides not to consent to renewal by the City, then they must provide the City Project Manager with a written notice of non-renewal at least sixty (60) days prior to the renewal date.
Additionally, this Agreement may be terminated for convenience by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, Contractor shall transfer to City any funds and/or accounts receivable on hand attributable to the use of CITY funds.
C. PRICING
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time period 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 month 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.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 78 D. LOCAL VENDOR PREFERENCE
In an effort to encourage local businesses to provide goods and services to the City, the Council has enacted a Local Vendor Preference policy. The preference affords to businesses located within Hanford City limits, a five (5) percent preference and will apply to any business that has a fixed business address within Hanford City limits. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of the City of Hanford address.
Tie bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.
MEASUREMENT AND PAYMENT
A. BILLING AND PAYMENTS
Contractor is fully responsible for assuring that all services arising from the agreement are billed the correct and applicable contract rate. The contractor is required to establish and maintain a process to monitor its billing practices and will refund all over-charges that may occur. The City will routinely audit bills generated.
B. MEASUREMENT AND PAYMENT
The contractor will be paid monthly in arrears for work satisfactorily performed under this contract.
After completed work has been inspected and approved, payment will be made in no more than thirty (30) working days from completed inspection.
Contractor’s monthly invoice must include (see attached Exhibit D):
o A signed Landscape Inspection sheet,
o signed monthly meeting sheet,
o signed irrigation schedule,
o a signed chemical usage report sheet
C. CITY’S RIGHT TO WITHHOLD CERTAIN AMOUNTS
The City may withhold a sufficient amount of any payment otherwise due to the contractor to cover:
• Payments that may be past due and payable for just claims for labor or materials furnished in and about the performance of the work under this contract and as a result of contractor’s failure to properly make payments to its subcontractors or suppliers. • Claims filed or reasonable evidence indicating the probable filing of claims. The City shall disburse and shall have the right to act as agent for the contractor in disbursing such funds as have been withheld pursuant to this subsection, to the party or parties who are entitled to payment therefrom.
The City will render to the contractor a proper accounting of all such funds disbursed on behalf of the contractor.
• Work required in the specifications which is not performed or is incomplete or for defective work not remedied.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 79 • When Contractor is out of compliance with the requirements of the maintenance agreement, an appropriate downward adjustment in contractor’s payment shall be made. Downward adjustments will be made for incomplete and /or unsatisfactory work or non-performance based on a percentage of the estimated cost to the City for each area maintained by the Contractor. See tables below which list the cost adjustment percentage. The Area Cost Estimate used by the City will be the square footage descriptions contained in Exhibit C (or as that document is amended if additional areas are added during the term of the Agreement) and then adjusted based on the Unit Price provided by the successful bidder.
Areas with Planters and Turf:
Area Cost
Estimate
Trash/Debris Turf Planters Trees Irrigation Weed Control 10% 15% 20% 15% 15% 25%
Areas with only Planters:
Area Cost
Estimate
Trash/Debris Ground Cover
and Shrubs
Trees Irrigation Weed Control
10% 25% 25% 15% 25%
• If an inspection by City indicates an area is out of compliance, the City shall:
o Notify the Contractor in writing of the area that the inspection showed was incomplete or unsatisfactory,
o Describe the reason why the inspection listed the area as incomplete or unsatisfactory,
o List the amount that the City will withhold if the area is not brought into compliance, and
o List a date that re-inspection by the City shall occur. • If the area is not brought into compliance by the re-inspection date or the matter otherwise resolved, the City shall withhold the stated amount for the incomplete and/or unsatisfactory work from the next payment processed by the City.
• If the corrections are not made by the Contractor, the City may, in the sole discretion of the City, have the out of compliance area brought into compliance by City forces or by a third party and charge the expense to the Contractor in lieu of a payment adjustment. • The City reserves the right to assess a $100 liquidated damage assessment per incident over and above the cost to correct the unsatisfactory condition for failure to perform any part of the work covered in this contract. Because it is difficult to estimate the potential costs to the City in responding to resident complaints over such conditions, $100 is set as a reasonable estimate of potential costs to the City in responding to a failure by the Contractor.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 80 D. EXTRA WORK
The contractor shall do no extra work except upon written order from the City. For such extra work the contractor shall receive payment as agreed upon in writing. The contractor shall furnish the project manager with report sheets in duplicate for each day’s extra work no later than the working day following the performance of said work. After comparison with the project manager’s records, any necessary adjustments shall be made. The reports shall be signed by both parties before they become a basis of payment for the work performed. Payment for extra work shall be made at the unit price or lump sum previously agreed upon by the contractor and the project manager.
LEGAL RESPONSIBILITIES & SPECIAL PROVISIONS
A. ASSIGNMENT
No assignment by the vendor of the contract or any part hereof, or of funds to be received thereunder, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet, or transferred.
B. TERMINATION OF CONTRACT
1. This contract may be terminated without cause by the City, in whole or in part, by giving the contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.
2. If the contractor fails to provide services or perform unsatisfactorily the work required by the terms and conditions of the contract or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.
Termination for cause may result in a contractor being considered a non-responsible bidder in future bids for services under the City of Hanford Purchasing Policy and Procedures.
3. Any assignment, subletting, or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall cause be for the City to immediately terminate the agreement for default.
4. Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.
5. In the event of termination, Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.
C. RIGHTS AND REMEDIES OF CITY FOR DEFAULT
In the case of default by contractor, and at the option of the City, the City may procure landscape maintenance service from another source, or sources, and may recover the loss occasioned thereby from any unpaid balance due the contractor. The prices paid by the City shall be considered the prevailing market price at the time service is delivered.
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Annual Contract for Professional Landscape Maintenance of Coordinate 3 81 D. PERMITS AND LICENSES
Possession of a City of Hanford Business License is not required to submit a bid in response to this invitation. However, contractor and all subcontractors shall be required to possess, at his/her own expense, a valid and current City of Hanford Business License, prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Hanford. For additional information, contact the City of Hanford at (559) 585-2512. No payment on the contract will be made until such license is obtained. Contractor must possess all required State, Federal, and local licenses as it pertains to the scope of work of this RFB. Awarded Bidder must hold:
o A C-27 Landscape Contractor’s License,
o A Pesticide Applicator’s License (QAL category “B”)
o A valid Department of Industrial Relations (DIR) Registration Number (as mentioned previously)
o A valid City of Hanford Business License (as mentioned above) o Awarded Bidder must also obtain a valid City issued encroachment permit to work in City Right of Way
13.O.
AGENDA
STAFF REPORT
MEETING DATE: 6/16/2026 AGENDA SECTION: CONSENT CALENDAR SUBJECT:
Award and authorization for the City Manager to enter into an annual contract for landscape maintenance of Landscape Assessment Districts within Coordinate 4 to Clean Cut Landscape Management, of Clovis, CA, for an annual not to exceed amount of $221,239.00.
RECOMMENDATION:
Recommendation: It is recommended that the City Council authorize the award of an annual contract for landscape maintenance to Clean Cut Landscape Management, of Clovis, CA, in the amount of $201,126 plus a ten percent contingency ($20,113), per specifications of RFB 2026-24. The total annual not to exceed amount is $221,239.
Recommended Motion: I move to award an annual contract for landscape maintenance of Coordinate 4, to Clean Cut Landscape Management, (RFB 2026-24) for an annual not to exceed amount of $221,239.
BACKGROUND:
Coordinate 4 is in the western portion of the City, between 13th Ave to the west, Devon ST. to the north, 12th Ave. to the east, and Lacey Blvd to the south.
On April 22, 2026, the City solicited bids by advertising in the Hanford Sentinel with the RFB posted on Bid-Net. The City also posted RFB notices on the City Website, inviting contractors to participate in this bid process.
On Wednesday, May 6, 2026, a pre-bid meeting was held in the City Hall Training Room. During the pre-bid meeting, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations and answered questions.
Staff received questions from contractors where staff carefully reviewed and answered them in a separate addendum.
On Wednesday, May 20, 2026, the City received bids from three (3) contractors in the Bid Summary below. Clean Cut Landscape Management, of Clovis, CA was the qualified low bidder for RFB 2026-24 Landscape Maintenance of Coordinate 4 contract.
• Clean Cut Landscape Management, of Clovis, CA $201,126 annually • Dangis Landscaping & Tree Service, of Hanford, CA $230,460 annually • Perfect Care Landscape & Maintenance, Tulare, CA $253,502 annually With this contract, some extra work may be needed from time to time, such as shrub and tree replacement, irrigation improvements, and fertilization in districts with sufficient funding. A ten (10) percent contingency is being added to the contract to cover those extra tasks. The scope of work was also updated, giving the contractor a more specific scope, such as shrub height, irrigation repairs, and leaf litter cleaning intervals to improve the appearance of the landscape. Other changes within the scope of work for landscape maintenance contracts is a three (3) tier of level of service and deduction process for noncompliant contract issues. This will enable City staff to reduce costs
for districts where expenditures are higher than revenues, by reducing the intervals of service. (Please see attachment Levels of Service) Clean Cut Landscape Management has performed the landscape maintenance for several years with the City of Hanford and is fully aware of the expectations by residents and staff to maintain the districts within Coordinate 4 at the highest level of service afforded by each district.
This is considered 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.
Annual price increase adjustments at the time of renewal of contract are based on the Consumer Price Index specified in the contract documents. Cost for future additions to the project area (if necessary) will be calculated by multiplying the Contractor’s Unit Price by the square footage of area being added to the contract.
The initial agreement is for a 12-month period, with an option to renew annually for 2 one-year periods upon providing satisfactory performance and as mutually agreed.
FISCAL IMPACT: The fiscal impact for RFB 2026-24 Annual Contract for Professional Landscape Maintenance of Coordinate 4 will be allocated from each Landscape Assessment District within the coordinate, and will have the level of services determined by each individual district’s available funding.
ATTACHMENTS:
1. RFB 2026-24 Annual Contract for Professional Landscape Maintenance of Coordinate 4
2. Exhibit A - Map of Locations
3. Exhibit B - Listing of Locations and Square Footages
4. Exhibit C - Location Descriptions and Square Footages
5. Exhibit D - Measurement & Payment Forms
6. New Levels of Service
7. Downward Payment Adjustment Example
8. Clean Cut Bid Documents
RFB No. 2026-24
ANNUAL CONTRACT FOR PROFESSIONAL
LANDSCAPE MAINTENANCE OF
COORDINATE 4
Release Date: April 22, 2026
RFB 2026-24
Annual Contract for Professional Landscape Maintenance of Coordinate 4 2 INDEX
CONTRACT DOCUMENTS
PAGE NO.
Notice to Contractors 5
Bid Requirements and Conditions 7
1. Proposal Forms 7
2. Examination of Plans, Specifications, Special Provisions, and Site of Work 7 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
17. Protest/Appeals 12
Bidders Checklist 14
Bid Proposal 15
Bid Schedule 17
Bid Guaranty Bond 18
Certification of Bidders Experience & Qualifications 20 Bidders List 21
Designation of Subcontractors 22
Non-Collusion Declaration 23
Workers’ Compensation Insurance Certificate 24
Equal Employment Opportunity Compliance Certificate 25
PAGE NO.
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 3 Americans with Disabilities Act Compliance Certificate 26 Ownership Disclosure for Contractors and Subcontractors 27 Drug-Free Workplace Certification 28
Iran Contracting Act Certification 29
Award and Execution of Contract 30
1. Award of Contract 30
2. Contract Bonds 30
3. Execution of Contract 31
4. Failure to Execute Contract 31
5. Return of Proposal Guaranties 31
6. Insurance Requirements 31
7. Minimum Scope of Insurance 31
8. Minimum Limits of Insurance 32
9. Deductibles & Self-Insured Retentions 33
10. Other Insurance Provisions Endorsements 33
11.Acceptability of Insurers 34
12.Verification of Coverage 34
13.Subcontractors 34
14. City Indemnification 35
15. Compliance with Laws 35
16. Licenses 35
17.Assignment and Subcontracting 35
18.Sole and Only Contract 36
19. Invalidity 36
20.Amendment 36
21. Governing Law 36
22. Waiver 36
23.Authority to Enter Contract 36
24. Notice 36
Labor Compliance Program and Labor and Other Code Requirements Certificate 37 PAGE NO.
Agreement 47
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 4 Performance Bond 50
Labor and Materials Bond 52
Russia Sanctions Executive Order N-6-22 54
Equal Opportunity 54
Subletting or Assigning the Contract 56
Safety: Accident Prevention 57
SPECIAL PROVISIONS 58
Section 1 Definitions and Conflicts 59
Section 2 General Requirements 60
EXHIBITS ATTACHED SEPARATELY
A- Map of Locations
B- Listing of Locations and Square Footages
C- Coordinate 4 Location Descriptions
D- Measurement & Payment Forms
NOTICE TO CONTRACTORS
Bid Submissions will be received through Bidnet Direct’s California Purchasing Group website below until 2:30 p.m. on Wednesday, May 20, 2026, at which time they will be publicly opened
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 5 digitally and posted for performing work in accordance with Plans and Specifications, therefore, as follows:
RFB 2026-24
ANNUAL CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE OF COORDINATE 4
Bids are required for the entire work as described herein:
Furnish all necessary labor, materials, and equipment per these specifications to provide landscape maintenance of an area identified as Coordinate 4. Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Hanford must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.
This contract is for the maintenance of approximately 872,941 sq. ft (20.04 acres). Refer to Exhibits B and C of this RFB for square footage and location details. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for two (2) consecutive one-year periods.
Award will be made to the lowest bidder whose proposal is deemed both responsive and responsible and meets the requirements and criteria set forth in this RFB.
There will be a non-mandatory pre-bid job walk at City Hall- 315 N. Douty Street, Hanford, CA 93230 at 10:30 a.m. on Wednesday, May 6, 2026.
Mandatory licensing requirements include: a C-27 Landscape Contractor’s License, a Pesticide Applicator’s License (QAL category “B”), a valid Department of Industrial Relations (DIR) Registration Number, and a valid City of Hanford Business License.
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 bidders 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 Wednesday, May 13, 2026.
Local Vendor Preference: In an effort to encourage local businesses to provide goods and services to the City, the Council has enacted a Local Vendor Preference policy. The Local Vendor Preference policy will apply to any business that has a fixed business address within
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 6 Hanford City limits. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of the City of Hanford address.
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 Engineers 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 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 Engineers 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 religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in consideration for an award.
This public works 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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Annual Contract for Professional Landscape Maintenance of Coordinate 4 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
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 8 the right to increase or decrease 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 cashier'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 Certificate 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. 10th 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 Code of the State of California to do the type of work contemplated in the
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 9 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.
14.Prevailing Wage Requirements
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 10 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 disputes 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 any 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 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 equal to
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 11 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, fringe benefits), daily and weekly number of hours worked, deductions made, and actual wages paid.
The prime Contractor shall be responsible for ensuring that the labor standards provisions are followed by its subcontractors and shall be responsible for the Labor Code violations of its subcontractors.
The City, through its Labor Compliance Officer or 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 the project shall provide their DIR registration numbers for verification of coverage and notification of the project.
Contractors and subcontractors must submit certified payroll records to the Labor Commissioner using the DIR’s electronic certified payroll reporting (eCPR) system.
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 day 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.
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.
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 12 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 emailed 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.
17.Protest/Appeals
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply regarding appeals:
• Any Bidder who is allegedly aggrieved in connection with the solicitation or award of a contract may protest. Bidders are to be advised that protests of the process, terms, conditions or any other aspect of the RFB, must be made prior to the bid due date.
Bidders may not protest the contents or the specifications of the bid nor the award based on the use of the Local Vendor Preference. Protests must be transmitted by facsimile, email or by mail to the attention of the City Purchasing Agent.
Protest of the award must be made immediately, and in no event later than five (5) working days after the Bid award has been publicized. All protests must include the following information:
1. The name, address, telephone number and email address of the protestor.
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 13 2. The signature of the protestor or protestor's representative.
3. The bid, solicitation or proposal number.
4. A detailed statement of the legal and/or factual grounds of the protest and all documentation supporting the Bidder’s position at the time of the initial protest.
5. The form of relief requested (if applicable).
6. The Purchasing Manager or designee shall respond in writing within five working days to the protestor. If the protestor wishes to appeal the decision rendered by the Purchasing Agent, such appeal must be made in writing to the City Manager within five (5) working days of the Purchasing Agent's response.
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 14 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 Designation of Subcontractors
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. Non-Collusion Affidavit
8. Workers Compensation Certificate
9. Equal Employment Opportunity Compliance Certificate
10. Americans with Disabilities Act Compliance Certificate
11. California Ownership Disclosure for Contractors
12. State of California Drug-Free Workplace Certification
13. Iran Contracting Act Certification
14. All issued Addenda
15. Bid Security attached to front of Proposal in the form of (check one):
Certified Check Bid Guaranty Bond (Section 00 32 00)
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.
BID PROPOSAL
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 15 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.
ANNUAL CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE OF COORDINATE 4 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, and equipment per these specifications to provide landscape maintenance of an area identified as Coordinate 4. Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein.
Landscape Maintenance for the City of Hanford must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.
We agree that the contract documents include all parts of this project document 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 cashiers check payable to the Owner in the amount of at least 10 percent (10%) of the total amount of our bid.
The City will determine the lowest bidder by the Lowest Total Base Bid for Monthly Pricing for Level A Service.
Award will be to the lowest bidder whose bid is deemed both responsive and responsible and meets all criteria required. Resulting contract may be awarded at:
• Level A service for all areas, or
• Level A service for some areas with specific areas at Level B or C Service if deemed appropriate by the City.
BIDDER understands that once contract is awarded, the City reserves the right to further increase or decrease the Level of Service in any area(s) of the Coordinate, which will result in a corresponding increase or decrease to the contract amount as specified in the RFB. The City will provide the Contractor with 30 days advance written notice when Level of Service is being changed.
The City reserves the right to add or delete areas (square footage) from this contract if needed. Any added or deleted areas will cause a price adjustment to contract. Price adjustments will be based on the Contractor’s unit price for the Level of Service being provided to the specific area.
Any new areas that may be added shall be maintained to the same standards required by the specifications of the Service Level for that specific area.
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 16 If our bid is accepted, we agree to sign the agreement without qualifications and to furnish the performance and payment bonds 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.
(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
BID SCHEDULE
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
PROJECT TITLE:
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 17 ANNUAL CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE OF COORDINATE 4
per specifications of RFB 2026-24
BASE BID:
Level A Service
Service once per week
(52 times annually)
Quantity
(Sq.
Footage)
X
Unit Cost
(Monthly) =
TOTAL MONTHLY
COST
(include all appurtenant
expenses, labor, installation,
tools, delivery, taxes, incidentals,
and fees)
Landscape Maintenance
Area
(turf, trees, shrubs, ground
cover, vine cover on walls
and weed control including
irrigation maintenance)
872,941 X $ _________/sq.
ft
= $ _________________
TOTAL BID AMOUNT WRITTEN IN WORDS:
_______________________________________________________________________________ ________
_______________________________________________________________________________ ________
The lowest responsive and responsible bid will be determined on the basis of the Total Base Bid amounts for Monthly Pricing for Level A Service. The City reserves the right to reject any and all bids.
ALTERNATE BID ITEM:
Contractor’s Hourly Rate
Applicable only to major repairs or Extra Work as authorized by Project Manager $________________ per
hour
BID GUARANTY BOND
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 18 KNOW ALL MEN BY THESE PRESENTS:
That ,
hereinafter,
called the Principal, and ,
hereinafter.
called the Surety, are jointly and severally held and firmly bound unto the City of Hanford, hereinafter called the Oblige, each in the penal sum of 10 percent (10%) of the total amount of the bid of the Principal for the work, this sum not to exceed, Dollars ($_________________) 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 Obliges contract for:
ANNUAL CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE OF COORDINATE 4
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 Suretys 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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Annual Contract for Professional Landscape Maintenance of Coordinate 4 19 SIGNED AND SEALED this _____ day of ________________________ 20___. (SEAL)
__________________________________________________
Principal
__________________________________________________
Signature for Principal
(SEAL)
__________________________________________________
Surety
__________________________________________________
Signature for Surety
__________________________________________________
Title of Signatory
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 20 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 which 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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Annual Contract for Professional Landscape Maintenance of Coordinate 4 21 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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Annual Contract for Professional Landscape Maintenance of Coordinate 4 22 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)
__________________________________
______________________________________
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Annual Contract for Professional Landscape Maintenance of Coordinate 4 23 Bidder’s License No. Bidder’s D.I.R. No.
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:
ANNUAL CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE OF COORDINATE 4
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 any 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, organization, 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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Annual Contract for Professional Landscape Maintenance of Coordinate 4 24 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 selfinsurance 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: