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Annual Contract for Professional Landscape Maintenance of Coordinate 5 30 AWARD AND EXECUTION OF CONTRACT
1. Award of Contract
Upon review of the proposals, the contract will be awarded and executed per Paragraph 2.07 and
2.08 of Subsection 2 (Proposal and Contract) of Section 1 (General Conditions) of the City Standards and these contract documents. The award of the contract, if it is awarded, will be to the lowest responsible, responsive bidder whose proposal complies with all the requirements prescribed.
The City of Hanford, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 C.F.R., Part 8), issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that the contract entered into pursuant to this advertisement will be awarded to the lowest responsible, responsive bidder without discrimination on the grounds of race, color or national origin.
The City Council, however, reserves the right to reject any or all bids and to waive any informality or irregularity in bids received. The City Council also reserves the right to reject the bid of any bidder who has previously failed to perform properly or did not complete on time contracts with the City of Hanford of a nature similar to this project.
Such an award, if made, will be made within sixty (60) days after the opening of the proposals. All bids will be compared on the basis of the Engineer's Estimate of the quantities of work to be done.
2. Contract Bonds
The successful bidder shall furnish a good and sufficient bond listed in the Federal Register and executed by an "Admitted Surety Insurer," in the amount of one hundred percent (100%) of the total bid amount to guarantee the faithful performance of the contract by the Contractor, and a second bond for the Labor and Materials shall be executed in the amount of one hundred percent (100%) of the total bid amount.
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.
All alterations, extensions of time, extra and additional work and other changes authorized by these specifications may be made without securing the consent of the surety or sureties on the contract bonds.
Whenever any surety or sureties on any such bonds required by a law for the protection of the claims of performance becomes insufficient, or the city has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required as is considered necessary.
Thereafter, no payment shall be made upon such contract to the Contractor until such further bond or bonds or additional surety has been furnished.
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 31 3. Execution of Contract
The contract shall be signed by the successful bidder and returned together with the contract bonds and satisfactory evidence of insurance as provided in this section within twenty (20) calendar days after the bidder has received notice that the Contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract.
4. Failure to Execute Contract
Failure to execute a contract, file acceptable bonds, and provide insurance as provided herein within twenty (20) calendar days after the bidder has received notice that the contract has been awarded shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.
If the successful bidder refuses or fails to execute the contract, the City Council may award the contract to the second lowest responsible, responsive bidder. If the second lowest responsible, responsive bidder refuses or fails to execute the contract, the Council may award the contract to the third lowest responsible, responsive bidder. On the failure or refusal of the second or third lowest responsible, responsive bidder to whom any such contract is so awarded to execute the same, such bidder's guaranties shall be likewise forfeited to the City. The work may then be re-advertised or may be constructed by the day labor, as the City Council may decide.
5. Return of Proposal Guaranties
Within ten (10) calendar days after the award of the contract, the City Council will return the proposal guaranties accompanying such of the proposals as are not to be considered in making the award. All other proposal guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany.
6. Insurance Requirements
The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Contractor will maintain the following coverage, and coverage shall be at least as broad as:
7. Minimum Scope of Insurance
Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies.
a) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 0001, including products and completed operations, with limits of no less than TWO MILLION AND NO/100 DOLLARS ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be FOUR MILLION AND NO/100 DOLLARS ($4,000,000), twice the required occurrence limit.
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 32 b) Automobile Liability: ISO Form Number CA 0001 covering any auto (Code 1), with a limit no less than TWO MILLION AND NO/100 DOLLARS ($2,000,000) combined single limit for each occurrence for bodily injury and property damage for all activities arising out of or in connection with the Services to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles.
c) Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury or disease. In addition, Contractor shall require each subcontractor to similarly maintain worker’s compensation insurance or employer’s liability insurance in accordance with the laws of the State of California for all of subcontractor’s employees. Any notice of cancellation, non-payment of premium, nonrenewal or modification of any Workers’ compensation policies must be received by the City at least ten (10) days prior to such cancellation, non-renewal or modification.
8. Minimum Limits of Insurance:
Contractor’s insurance policies shall be “occurrence” policies and not “claims-made” coverage.
If any coverage required is written on a claims-made coverage form:
(a) The retroactive date must be shown, and this date must be before the execution date of this contract or the beginning date of contractor work.
(b) Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract work.
(c) If coverage is canceled or non-renewed and not replaced without another claims-made policy form with a retroactive date prior to the contract effective date, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
(d) A copy of the claims reporting requirements must be submitted to City for review and approval.
If Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Contractor.
Contractor may maintain an Umbrella policy in conjunction with the insurance policies referenced above. In such case, Contractor shall be deemed to have satisfied the insurance requirements of this contract as long as:
(a) the coverage limits of the Umbrella policy and of the underlying liability policy(ies), when combined, satisfy each of the per occurrence and aggregate requirements identified in this section; and
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 33 (b) coverage under the Umbrella policy is as broad as and includes all incidents and events covered by the underlying insurance that it supplements.
9. Deductibles & Self-Insured Retentions:
Any deductibles or self-insured retentions must be declared with the insurance document and provided to and approved by the City. The City may require Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Alternatively, the City may require Contractor to provide a Financial Guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the retention.
10. Other Insurance Provisions Endorsements:
The policies are to contain, or be endorsed to contain, the following provisions:
(a) “The City and its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations; products used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. General liability coverage can be provided in the form of endorsement to Contractor’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (b) For any claims related to this contract, Contractor’s insurance coverage shall be primary insurance as respects the City and its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City and/or its officers, officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall be non-contributory. (c) Each insurance policy required above shall provide that coverage shall not be canceled, except with a minimum 30 days’ notice to the City.
(d) The policies of insurance shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with the policies of insurance obtained by Consultant. (e) These policies of insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insurance company.
(f) The insurer shall agree to waive all rights of subrogation against City, its officials, officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. (g) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 34 (h) The insurance provided by these policies shall not be suspended, voided, canceled, modified or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
11. Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than “A-“ (Excellent) and which are authorized to write business in California.
12. Verification of Coverage
Contractors shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
All forms and endorsements are to list the City of Hanford as additional insured’s. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Contractor hereby grants to City and its officers, officials, employees, and volunteers a waiver of any right to subrogation which any insurer of Contractor may acquire against the City and/or its officers, officials, employees, and volunteers by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain endorsements necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name City as a loss payee.
If the project does not involve new or major reconstruction, at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion, or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of this contract, including during transit, installation, and testing at the City-owned site.
The City reserves the right to modify the insurance requirements contained in this contract, including, without limitation, coverage limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances.
13. Subcontractors
Contractor shall include all subcontractors as insureds under its policies OR shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 35 14.City Indemnification
To the fullest extent allowable by law, Contractor agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against all claims, demands, actions, injuries, liabilities, losses, costs or 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 or subcontractors’ willful misconduct or negligent acts or omissions in the performance of the services and Contractor’s responsibilities and obligations to be performed under this Agreement or its failure to perform or comply with any of its obligations or responsibilities contained in this Agreement. This excludes, however, such liability, claims, losses, damage or expenses arising from the sole negligence, active negligence or willful misconduct of the City or its officials, officers, employees, agents and volunteers. This duty to indemnify, defend, and hold harmless shall survive the termination of this Agreement.
16.Compliance with Laws
Contractor shall use the proper standard of care in performing the services and shall comply with all applicable federal, state and local laws, codes, ordinances and regulations. In addition, if the request for proposal to provide professional services which are the subject of this contract cited any federal or state financial assistance involved in the project for which the services are provided, theContractor shall perform all services in accordance with all applicable federal and state laws, rates and regulations.
17. Licenses
Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to lawfully and competently perform the services. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect, or obtain at all times during the term of this contract, any licenses, permits, insurance and approvals which are legally required of Contractor to lawfully and competently perform the services. Contractor shall maintain a City of Hanford business license.
18. Assignment and Subcontracting
The parties recognize that a substantial inducement to City for entering into this contract is the reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this contract will be permitted only with the express consent of the City, which consent may be withheld in the sole and absolute discretion of City. Contractor shall not subcontract any portion of the services to be performed under this contract without the written consent of the City, which consent may be withheld in the sole and absolute discretion of City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this contract shall: (1) create any contractual relationship between City and subcontractor; (2) create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor; or (3) relieve Contractor of any of its obligations and responsibilities under this contract.
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 36 19. Sole and Only Contract
This contract supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this contract, and no other agreement, statement or promise shall be valid or binding.
20. Invalidity
If any provision of this contract is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
21. Amendment
No change, amendment or modification of this contract shall be valid unless the same be in writing and signed by the parties hereto.
22.Governing Law
This contract shall be construed and governed pursuant to the laws of the State of California.
23. Waiver
Waiver of a breach or default under this contract shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this contract.
24. Authority to Enter Contract
Contractor has all requisite power and authority to conduct its business and to execute, deliver and perform the contract. Each party warrants that the individuals who have signed this contract have the legal power, right and authority to make this contract and to bind each respective party.
25.Notice
Except as otherwise expressly provided herein, any notice, consent, authorization or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or email if receipt is acknowledged by the addressee, one business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three business days after being mailed by first class mail, charges and postage prepaid, properly addressed to the party to receive such notice at the address identified.
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 37 LABORCOMPLIANCE PROGRAM AND
LABOR AND OTHER CODE REQUIREMENTS CERTIFICATE
PART 1 STATE WAGE RATE CLAUSES
A. Pursuant to Sections 1720 et seq., and 1770 et seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Prevailing wage schedules for Kings County are available from the Department of Industrial Relations - Division of Labor Statistics and Research via the Internet at www.dir.ca.gov. A prevailing wage scale is also on file in the office of the CITY OF HANFORD PUBLIC WORKS DEPARTMENT and copies may be obtained upon request.
B. The successful bidder intending to use a craft or classification not shown on the prevailing rate determinations may be required to pay the rate of the craft or classification most closely related to it.
C. Pursuant to the provisions of California Labor Code, section 1773, the City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate of holiday and overtime work in the locality in which the Work is to be performed for each craft, classification ortype of worker needed toexecute theWork. Copies of the prevailing rate of per diem wages are on file at the City’s Public Works Department office and shall be made available to any interested party on request. The Contractor shall cause a copy of the Director’s determination of the prevailing rate of per diem wages to be posted at a prominent place at the site of the Work. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid and will not under any circumstances be considered as the basis of claim against the City. The Contractor shall comply with Labor Code section 1774 and 1775. In accordance with LaborCode section 1775, theContractor shall forfeit as a penalty to the City not more than $50 for each Day or portion thereof for each worker paid less than the prevailing rates as determined by the director for theWork or craft in which the worker is employed for any Work or by any subcontractor under the Contractor. The amount of this penalty shall be determined by the Director based on the factors set forth in section 1775.
In addition to such penalty, the difference between such prevailing wage rates and the amount paid to each workman for each day or portion thereof for each workman was paid less than the prevailing wage rate shall be paid to each worker by the Contractor.
PART2 LABORCODESECTION1776-COMPLETEPAYROLLRECORDS;CERTIFIEDAND
AVAILABLE
A. Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by himor herin connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 38 any work performed by his or her employees on the public works project.
B. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at allreasonablehours attheprincipalofficeofthe contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request wasmade. Thepublic may not be givenaccess to the records at the principal office of the contractor.
C. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
D. A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request.
E. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or theDivision of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fees and costs incurred in maintaining the action.An action underthis subdivision may not be based on the employer's misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter.
F. The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide notice of a change of location and address.
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 39 G. The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
H. Thebodyawarding thecontractshallcausetobeinsertedinthecontract stipulations to effectuate this section.
I. The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 ofDivision 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.
PART 3 LABOR CODE SECTION 1777.5 - EMPLOYMENT OF PROPERLY REGISTERED
APPRENTICES
A. Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works.
B. Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
C. Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employmentand training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training.
(2) The rules and regulations of the California Apprenticeship Council.
D. When the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade,the contractor shall employ apprentices in atleast the ratio setforth in this section andmay apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 40 additional application in order to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
E. Prior to commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months.
F. The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities.
G. The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the contractor agrees to be bound by those standards, but, except as otherwise provided in this section, in no case shall the ratio be less than onehour of apprentice work for every five hours of journeyman work.
H. This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite.
Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the Division of Apprenticeship Standards, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification.
I. A contractor covered by this section that has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
J. Upon proper showing by a contractor that he or she employs apprentices in a particular craft or
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 41 trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade.
K. An apprenticeship program has the discretion to grant a certificate to a participating contractor or contractor association, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent.
(2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis.
(1) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned isof a nature thattraining cannotbeprovided by a journeyman.
L. When an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council. The same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, theCalifornia Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows:
M. Ifthere is an approved multiemployer apprenticeship programserving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
N. If there are two or more approved multiemployer apprenticeship programs serving thesamecraft
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 42 or trade and geographic area for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices registered in each program.
O. All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Division of Apprenticeship Standards.
PART 4 LABORCODE SECTION 1810 - DEFINITION: A LEGAL DAY’S WORK A. Eight hours labor constitutes a legal day's work in all cases where the same is performed under the authority of any law of this State, or under the direction, or control, or by the authority of any officer of this State acting in his official capacity, or under the direction, or control or by the authority of any municipal corporation, or of any officer thereof. A stipulation to that effect shall be made a part of all contracts to which the State or any municipal corporation therein is a party.
PART 5 LABORCODE SECTION 1811 - TIME OF SERVICE - CALENDAR WEEK A. The time of service of any workman employed upon public work is limited and restricted to 8 hours during any one calendar day, and 40 hours during any one calendar week, except as hereinafter provided for under Section 1815.
PART 6 LABORCODE SECTION 1812 - ACCURATE LABOR RECORDS
A. Everycontractorandsubcontractorshallkeepanaccuraterecordshowing thename of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the awarding body and to the Division of Labor Standards Enforcement.
PART 7 LABOR CODE SECTION 1813 - PENALTY FOR OVERTIME ON ANY PUBLIC WORK CONTRACT This is stated in overtime requirements. Remove? A. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalfthecontractismadeorawarded,forfeittwenty-fivedollars($25)for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article.
In awarding any contract for public work, the awarding body shall cause to be inserted in the contract, a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract and shall report them to the Division of Labor Standards Enforcement.
PART 8 LABOR CODE SECTION 1815 - MINIMUM OVERTIME PAY
A. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay.
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 43 PART 9 LABOR CODE SECTION 1860 - CONTRACT PROVISION
A. Theawardingbodyshallcausetobeinsertedineverypublicworkscontractaclause providing that, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees.
PART 10 LABOR CODE SECTION 1861 - CONTRACTOR CERTIFICATIONTO LABOR CODE SECTION 3700
A. Each contractor to whom a public works contract is awarded shall sign and file with the awarding body the following certification prior to performing the work of the contract:
(1) "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake 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." PART 11 LABOR CODE SECTION 6500 AND 6705 - TRENCH EXCAVATION SAFETY PLANS
A. The Contractor’s attention is directed to the provisions of Labor Code section 6705 concerning trench excavation safety plans. Labor code section 6705 provides in relevant part:
(1) “No contract for public works involving an estimated expenditure in excess of twenty-five thousand dollars ($25,000), for the excavation of any trench or trenches five feet or more in depth, shall be awarded unless it contains a clause requiring submission by the contractor and acceptance by the awarding body or by a registered civil or structural engineer, employed by the awarding body, to whom authority to accept has been delegated, in advance of excavation, of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders.” 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 affectedworkuntilthereiscomplianceintheopinionoftheStateDivision of Industrial Safety. The Owner, Engineer, officers, employees, consultants, and agents of the aforementioned, shall not be liable for costs incurred by theContractor 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.
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 44 PART 12 NONDISCRIMINATIONCLAUSE
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 LaborCode, 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 oftheGovernmentCode.”
D. This contractor shall include the nondiscrimination and complianceprovisionsofthis clause in all subcontracts to perform work under the Contract.
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.
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 45 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 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.
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 46 THE UNDERSIGNED CERTIFIES THAT, IN PERFORMANCE OF THE CONTRACT, THE CONTRACTOR WILLCOMPLYWITHTHEABOVEREQUIREMENTSINADDITIONTOOTHER LEGAL REQUIREMENTS.
The Contractor further certifies:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
CONTRACTOROR
SUBCONTRACTOR NAME:
CERTIFIED BY:
NAME: TITLE:
SIGNATURE: DATE:
Dangi's Landscaping and Tree Srvc.
Eugenio F. Lopez CEO
May/28/2026
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 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 5 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 28 May 26
Dangi's Landscaping and Tree Srvc.
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 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 5 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
Dangi's Landscaping and Tree Srvc.
Eugenio F. Lopez
May/28/2026
CEO
1084855
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 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 5 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 5 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 5 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 5 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 5 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 5 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 5 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 5 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 5 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 5 58 SPECIAL PROVISIONS
FOR
ANNUAL CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE OF COORDINATE 5
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Annual Contract for Professional Landscape Maintenance of Coordinate 5 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 5 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 5 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 5 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 5 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 5 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 5 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 5 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 5 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 5 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 5 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 5 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 5 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 5 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.
RFB 2026-25
Annual Contract for Professional Landscape Maintenance of Coordinate 5 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.
RFB 2026-25
Annual Contract for Professional Landscape Maintenance of Coordinate 5 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.
RFB 2026-25
Annual Contract for Professional Landscape Maintenance of Coordinate 5 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.
RFB 2026-25
Annual Contract for Professional Landscape Maintenance of Coordinate 5 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.
RFB 2026-25
Annual Contract for Professional Landscape Maintenance of Coordinate 5 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.
RFB 2026-25
Annual Contract for Professional Landscape Maintenance of Coordinate 5 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.
RFB 2026-25
Annual Contract for Professional Landscape Maintenance of Coordinate 5 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.
RFB 2026-25
Annual Contract for Professional Landscape Maintenance of Coordinate 5 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.
RFB 2026-25
Annual Contract for Professional Landscape Maintenance of Coordinate 5 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.Q.
AGENDA
STAFF REPORT
MEETING DATE: 6/16/2026 AGENDA SECTION: CONSENT CALENDAR SUBJECT:
Award a contract for the Project Development design phase for the Grangeville Boulevard at the BNSF Railroad Grade Separation Project to TRC Engineers, Inc. of Rancho Cordova, CA in the amount of $2,068,297.70, establish a project contingency of $210,000.00 and project management cost of $124,200.00 for a total project cost of $2,402,497.70; and appropriate $332,497.70 from the TDA Fund (0050) for the additional amount necessary to complete this phase.
RECOMMENDATION:
Recommendation:
Staff recommends that the City Council, by motion:
1. Award a contract to TRC Engineers, Inc. in the amount of $2,068,297.70 for the Project Development Phase of the Grangeville Boulevard at BNSF Railway Grade Separation Project;
2. Approve a contingency of $210,000.00 and project management cost of $124,200.00;
3. Appropriate $332,497.70 from the TDA Fund (0050) to fully fund the Project Development Phase of the project.
Recommended Motion:
I make a motion to:
1. Award a contract to TRC Engineers, Inc. in the amount of $2,068,297.70 for the Project Development Phase of the Grangeville Boulevard at BNSF Railway Grade Separation Project;
2. Approve a contingency of $210,000.00 and project management cost of $124,200.00;
3. Appropriate $332,497.70 from the TDA Fund (0050) to fully fund the Project Development Phase of the project.
BACKGROUND:
On April 29, 2026, the City accepted a grant in the total amount of $2,070,000.00 from the Federal Railway Administration Railroad Crossing Elimination (FRA-RCE) program. (Attachment 2). The FRA grant has been accepted by the City with an FRA obligation of $1,656,000.00 and the City's match fund of $414,000.
The FRA RCE grant program has six project Life Cycle Stages as shown in Attachment 3.
The grant supports the Project Development phase for a grade separation at Grangeville Boulevard and the BNSF railroad crossing. The project development phase includes:
• NEPA Environmental Review
• Preliminary Engineering - 60% design completion
• Cost Estimate
• Budget and Schedule
• Project Management Plan and Financial Plan
• Procurement Strategy
• Stakeholder Agreements
Staff met with Burlington Northern and Santa Fe (BN&SF) Railroad for basic design criteria and requirements for the project during the Project Planning phase and it was determined that the project will require special rail design for a shoofly bypass track and the relocation of a railroad switch.
The city solicited for a design consultant, and on September 4, 2025, received four proposals for the Project Development Phase. Proposals were received from Cornerstone Structural Engineering Group, TRC Engineers, Biggs Cordosa Associates, and Cordoba Corporation. The proposals were evaluated by multiple staff based on the following criteria:
Based on the above criteria, TRC Engineers, Inc. was ranked as the most qualified consultant for the project development phase. The cost and scope of services were then reviewed and negotiated with TRC, Inc. Staff closely compare the FRA Project Development phase grant requirements and to reduce costs within the budget range, and the final proposal from TRC Engineers, Inc. amounts to $2,068,297.70. (Attachment 1 ). For a project of this magnitude with a current estimated construction cost of $56M, a full range preliminary through final design phase would be in the range of 10% - 12%. This current Project Development phase amounts to approximately 3.6% of the total construction cost, and is a reasonable proportion for this heavy design demand phase.
An appropriation for consultant project contingencies in the amount of $210,000,00 and project management staff time in the amount of $124,200.00 is requested to cover additional and unforeseen project costs for a total project cost of $2,402,497.70. With the grant funding in the amount of $2,070,000.00, an additional appropriation of $332,497.70 is needed to fully fund the project.
Per the attached proposal, the scope of work will provide services for the multiple overlapping tasks described in the proposal necessary to achieve the project goals and FRA Project Development phase. TRC Engineers, Inc. has contracted with multiple sub-consultants to achieve the primary objectives of the project, which include:
• Elimination of the existing at-grade crossing to improve safety, mobility, and access. • Preparation of all documents and designs necessary to transition the project to the subsequent Final Design and Construction Phases which will be advertised under a separate request for qualifications (RFQ).
• Coordination with key stakeholders including BNSF Railway, California Public Utilities Commission (CPUC), Federal Railroad Administration (FRA), and community members. • Environmental clearance pursuant to NEPA and preparation of 60% Preliminary Engineering (PE) design plans.
The basic Project Development services being provided by the consultant include:
• Project Management
• Topographic / Boundary Survey
• Geotechnical Investigation and Foundation Report
• Phase 1 Initial Site Assessment
• Traffic Analysis
• Preliminary Alignment Studies
• Environmental Review and Permit Identification
• BNSF Railway Coordination
• Utility Coordination
• Preliminary Engineering (P.E. Design Set)
• Community Engagement and Education Campaign
• Right of Way Engineering and Support. (Property acquisition is not included in this phase) Public Outreach (Task 11) is essential given the project's high public visibility and proximity to residential neighborhoods and local businesses. The outreach program will ensure that residents, environmental justice communities, business owners, and civic leaders are informed, heard, and involved in shaping the project's implementation and its local benefits. The objectives are to create an inclusive, transparent and responsive community engagement program that builds public understanding and support for the project, provides consistent and accessible information, incorporates feedback from stakeholders, and strengthens the City's role as a proactive project sponsor. Community Engagement will include tasks for Public Education and Awareness Campaign, Stakeholder Identification and Engagement; Public Meetings and Discussion Sessions, Digital and Social Media Outreach, and Documentation and Reporting.
The estimated project schedule includes the following milestones:
Construction for the project is anticipated in future years and will be based on identifying and applying for grants. The current estimated construction cost for the grade separation is $56 million and the Construction phase is not funded. Staff recommends approval of the contract with TRC Engineers, Inc. to complete the Project Development Phase for the Grangeville Boulevard at BNSF Railway Grade Separation. 1
FISCAL IMPACT:
The City received a federal grant from the FRA in the amount of $1,656,000.00, with a 20% City share contribution in the amount of $414,000.00, for a total project grant funding in the amount of $2,070,000.00. The TRC Engineers, Inc. proposal for the Project Development Phase is $2,068,297.70.
Additional Consultant Project Contingencies in the amount of $210,000.00 (estimated 10% of the design cost) and Staff Project Management in the amount of $124,200.00 (estimated 6% of the design costs) are necessary to provide project management and cover any unforeseen project costs, for a total requested project budget of $2,402,497.70.
Funding for this project has been budgeted from two funding sources, the General Fund that accounts for the grant amount of $1,656,000.00, and the TDA Fund (0050) that accounts for the City share of $414,000.00. The General Fund amount will provide for progress payment invoicing to the consultant, which are submitted quarterly to the FRA for 80% reimbursement up to the grant obligation amount of $1,656,000.00 which are credited back to the General Fund account. The total FY2026 and FY2027 approved budget is insufficient to fully fund the project management and recommended contingency. As a result, an appropriation request in the amount of $332,497.70 is needed to complete the Project Development phase.
The project funding and recommended appropriation are as follows:
ATTACHMENTS:
1. TRC Proposal for Project Development Phase
2. FRA-RCE Grant Acceptance
3. FRA Project Lifecycle
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